European Parliament resolution on the situation as regards fundamental rights in the European Union (2000) (2000/2231(INI))
Date: 2001-07-05
Institutions: European Parliament
Subjects: European Union, European citizenship, anti-discriminatory measure, fundamental rights, political rights, right to justice, social rights

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14. Fundamental rights in the EU (2000)

A5-0223/2001

European Parliament resolution on the situation as regards fundamental rights in the European
Union (2000) (2000/2231(INI))

The European Parliament,

(cid:129) having regard to the Charter of Fundamental Rights of the European Union,

(cid:129) having regard to the second annual report of the European Union on human rights (11317/2000 (cid:129)

C5-0536/2000),

(cid:129) having regard to the motion for a resolution by the following Members: Staes, Jillian Evans, Kn(cid:246)rr
Borr(cid:224)s, Maes, Bautista Ojeda, Hudghton, Nogueira RomÆn, MacCormick, Ortuondo Larrea and Eurig
Wyn on the protection and direct political representation of linguistic minorities in Friuli-Venezia
Giulia, a region with a special statute (B5-0034/2001),

(cid:129) having regard to all relevant international conventions on the subject,

(cid:129) having regard to Articles 6 and 7 of the Treaty on European Union,

(cid:129) having regard to the reports drawn up by the specialised bodies of the Council of Europe and the

European NGOs concerned,

(cid:129) having regard to the public hearing held on 21 March 2001 with the involvement of the national
parliaments on the situation as regards fundamental rights in the EU and the establishment of a
European area of freedom, security and justice,

(cid:129) having regard to Rule 163 of its Rules of Procedure,

(cid:129) having regard to the report of the Committee on Citizens(cid:146) Freedoms and Rights, Justice and Home

Affairs and the opinion of the Committee on Petitions (A5-0223/2001),

Purpose of the annual report and action to be taken

Purpose

Notes that the EU Charter of Fundamental Rights, which was proclaimed on 7 December 2000,
1.
constitutes a synthesis of the fundamental values upon which the European Union is based and a docu-
ment to which Articles 6(2), 7 and 29 of the EU Treaty (concerning the establishment of a European area
of freedom, security and justice) must in future implicitly and necessarily refer;

2.
Notes that, following the proclamation of the Charter, it is therefore the responsibility of the EU
institutions to take whatever initiatives will enable them to exercise their role in monitoring respect for
fundamental rights in the Member States, bearing in mind the commitments they made in signing the
Treaty of Nice on 27 February 2001, with particular reference to new Article 7(1) thereof;

3.
Notes that it is the particular responsibility of the European Parliament (by virtue of the role con-
ferred on it under the new Article 7(1) of the Treaty of Nice) and of its appropriate committee to ensure (in
cooperation with the national parliaments and the parliaments of the candidate countries) that both the EU
institutions and the Member States uphold the rights set out in the various Chapters of the Charter;

4.
Notes that, accordingly, this resolution and the report to which it refers constitute an initial attempt
(which is of necessity limited and incomplete for lack of adequate resources) to analyse, with reference to
the new Article 7(1) of the Treaty of Nice, the situation as regards fundamental rights in the EU in the year
2000 from the perspective of the rights laid down in the Charter;

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Action to be taken in the future

EUROPEAN PARLIAMENT

5.
Recommends that a permanent dialogue be established between the European Parliament and the
Member States(cid:146) parliaments, which are its natural partners, particularly as regards significant developments
in national constitutions, law, policies and practices having an impact on the concept of, and respect for,
fundamental rights in the EU;

Recommends that a similar dialogue also be established between the European Parliament and the

6.
parliaments of the candidate countries;

7.
Recommends that the appropriate committees of the European Parliament should continuously con-
sider the situation as regards the fundamental rights as listed particularly in the Charter and any infringe-
ments of those rights, so that such matters can be taken into account both in legislative activity and in
interinstitutional dialogue;

8.
Recommends that the report on respect for fundamental rights in the EU be incorporated into the
warning mechanism provided for in Articles 6 and 7 of the Treaty on European Union in accordance with
the following principles:

(cid:129) assignment of the permanent task of monitoring observance of the Charter to the committee respon-
sible, a task in which the other committees concerned (which will forward observations to that com-
mittee in the course of the year) will be involved,

(cid:129) the drawing up, on behalf of its competent committee, of an annual report:

(a) by a working group including the rapporteurs of the previous, current and following years as well
as, for opinion, the rapporteurs of the committee responsible for foreign affairs as regards candi-
date countries and other committees concerned as regards matters within their competences, and

(b) on the basis of the observations gathered by specialist bodies, NGOs and the networks concerned,
emphasising in particular the achievements and the failures recorded in the course of the refer-
ence year,

(cid:129) consideration of this report at an annual meeting between representatives of the European Parliament

and those of the relevant committees of the national parliaments,

(cid:129) the adoption of the annual report each year (at the latest during the July part-session), while allowing
only the committee responsible and the committees asked for opinions to amend both the motion for
a resolution and the detailed report upon which it is based; Parliament will consider the report and the
draft recommendations in plenary, in accordance with a procedure on the assent procedure,

(cid:129) the widest possible dissemination of the report, including on the Internet, and a high profile for the

report on Parliament(cid:146)s website and those of the other EU institutions,

(cid:129) the subsequent adaptation of the internal rules of the other EU institutions concerned;

9.
Recommends that a network be set up consisting of legal experts who are authorities on human
rights and jurists from each of the Member States, to ensure a high level of expertise and enable Parliament
to receive an assessment of the implementation of each of the rights laid down notably in the Charter,
taking account of developments in national laws, the case law of the Court of Justice of the European
Communities and the European Court of Human Rights and any notable case law of the Member States(cid:146)
national and constitutional courts;

10.
Recommends that pilot projects necessary for this purpose be implemented and financial provision
made for them as from 2002 and, in view of the major tasks which Parliament will be required to perform
in monitoring compliance with the Charter, that Parliament(cid:146)s Secretary-General, taking account of the
Parliament(cid:146)s draft budget for 2002, submit a proposal for providing the European Parliament(cid:146)s competent
committee with the requisite administrative support for monitoring fundamental rights in the EU and in
the applicant countries with a view to the annual report on the situation as regards those rights, and that
the Directorate-General for Research develop the tools needed as quickly as possible;

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11.
Recommends that information tools be developed (databases, helplines, legal aid), in agreement with
relevant institutions in the Member States and NGOs operating in the field of fundamental rights, enabling
all persons to gain access to the information they require, and that appropriate pilot schemes be imple-
mented and funded with effect from 2002;

12.
Recommends that one or more contact networks and a civil society discussion forum be set up, as
provided for in the Council Declaration marking the fiftieth anniversary of the Universal Declaration of
Human Rights;

COUNCIL

Recommends that the Council be involved in the above initiatives for the purpose of preparing its

13.
annual report on the human rights situation in the European Union;

14.
Recommends that sound practices in the area of fundamental rights be identified in order for a high
degree of harmonisation in the protection of these fundamental rights in the EU to be achieved and any
threatened infringement of those rights to be prevented;

COMMISSION

Recommends that a European day to be held to commemorate the Union Charter of Fundamental

15.
Rights and the text of the Charter distributed to all children;

Recommends that a Commissioner be appointed within the Commission with responsibility for
16.
fundamental rights and the implementation of policies linked to the establishment of an area of freedom,
security and justice;

17.
Recommends that the Commission reorganise the departments responsible for monitoring the
Charter and for ensuring that its principles are observed when defining and implementing Union and
Community law;

I. Respect for human dignity (Articles 1 to 5)

Right to life

18.
Recommends that Member States step up the fight against terrorism, using all the instruments
available to a country governed by the rule of law, in order to safeguard democracy and protect the free-
dom and the physical and moral integrity of all citizens;

19.
Recommends that Member States implement the agreements concluded at the Tampere European
Council (15/16 October 1999), in particular the agreements concerning the mutual recognition of judicial
decisions in criminal matters, the simplification of the current extradition procedure and the detention and
immediate handing over of persons in respect of whom a warrant for arrest has been issued;

Prohibition of torture and inhuman treatment

POLICE

Recommends that Ireland ratify the UN Convention against Torture and that Belgium, Ireland and
20.
the United Kingdom make the necessary declarations under Article 22 of the Convention recognising the
United Nations Committee Against Torture as being competent to receive and examine individual com-
plaints;

Recommends that Member States pursue policies for the training and diversification of police staff

21.
and the exchange of best practice at European level;

Recommends that Member States ensure that persons arrested and detained at police stations have

22.
immediate access to legal and medical assistance and, if necessary, to an interpreter;

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Recommends that Member States set up independent authorities to investigate police activities in

23.
those Member States where such authorities do not yet exist;

Thursday 5 July 2001

PRISONS

24.
Recommends that Member States improve living conditions as a matter of urgency, particularly as
regards access to medical care and activities (including study and vocational training) in prisons, reaffirm
the priority to be given to rehabilitation and improve training of prison staff;

Recommends that Member States identify and introduce alternatives to short prison sentences

25.
wherever possible;

Recommends that Member States reduce periods of custody to a minimum and restrict the use of

26.
solitary confinement;

27.
Recommends that Member States introduce administrative and/or financial penalties for minor
offences, by advocating alternative penalties such as community service and by doing all they can to
develop open or semi-open prisons and by granting conditional release;

28.

Recommends that Member States pay special attention to special vulnerable categories of prisoner:

(cid:129) minors, for whom prison must be a last resort, with special accommodation provided;

(cid:129) pregnant women and mothers of very young children, who should enjoy conditions more suited to

their needs and to the needs of their young children;

(cid:129) mentally ill prisoners, who should be given special medical supervision;

(cid:129) disabled persons, who should have access to services appropriate to their disability;

(cid:129) persons with drug-addiction problems, who should be able to follow non-compulsory detoxification

and treatment programmes;

29.
Recommends that Member States adopt prison laws which ensure that prisoners have a right of
appeal in disciplinary matters and can exercise their civil and political rights, and set up external inspection
and assessment bodies for prisons with links to the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment;

Recommends that Member States set up a European unit for cooperation and exchange of best

30.
practice on prisons in the European Union;

31.
Recommends that Member States limit detention of asylum seekers to exceptional cases and only
for the reasons set out in the UNHCR Guidelines on Applicable Criteria and Standards relating to the
Detention of Asylum Seekers;

PROTECTION OF REFUGEE MINORS

32.
Recommends that Member States provide better protection for unaccompanied minors, including
the assistance, from the earliest possible moment, of a guardian or a legal advisor and the presence of staff
who are qualified to deal with the specific requirements of minors;

PSYCHIATRIC INTERNMENT

33.
Recommends that Member States adjust their legislation and practices, where necessary, so as to
ensure strict respect for criteria governing involuntary internment, appeals procedures, use of special treat-
ments and internment conditions in general;

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Prohibition of slavery and forced labour

TRAFFICKING IN HUMAN BEINGS

34.

Recommends that Member States ratify, if they have not yet done so:

(cid:129) the Additional Protocol to the United Nations Convention on the Elimination of All Forms of Dis-

crimination against Women of 6 October 1999;

(cid:129) the new UN Convention against Transnational Organised Crime signed on 15 December 2000;

(cid:129) The Hague Convention of 5 October 1961 concerning the powers of authorities and the law appli-

cable in respect of the protection of minors;

(cid:129) the Additional Protocol to the Convention on the Rights of the Child, on the sale of children, child

prostitution and child pornography adopted on 25 May 2000;

(cid:129) the ILO Convention on the worst forms of child labour adopted on 17 June 1999;

(cid:129) the European Convention on the Exercise of Children(cid:146)s Rights of 25 January 1996;

35.
Recommends that Member States make trafficking in human beings a specific offence under their
criminal law, in connection with the implementation of the forthcoming Council Framework Decision on
combating trafficking in human beings (1);

Recommends that Member States adopt, in cooperation with the EU and the countries of origin of

36.
victims of trafficking:

(cid:129) information and prevention programmes for potential victims of trafficking in human beings and

domestic slavery,

(cid:129) national action plans to combat trafficking in human beings and domestic slavery,

(cid:129) measures to introduce a special helpline and to devise rehabilitation programmes to assist victims of

trafficking in human beings and domestic slavery;

Recommends that Member States strengthen their controls and judicial cooperation policy through

37.
harmonisation of laws;

38.
Recommends that Member States adopt a legally binding instrument designed to ensure suitable
protection for the victims of trafficking in human beings, which should be recognised as a ground for
(cid:145)persecution(cid:146);

39.
Recommends that Member States grant temporary residence permits on humanitarian grounds to
victims of trafficking in human beings and domestic slavery for the duration of the inquiry and the judicial
procedure to encourage them to cooperate with the authorities and assist in the prosecution of offenders;

40.
Recommends that Member States introduce tighter controls on recruitment in sectors involving
children and provide expert medical and psychological support for minors who are victims of sexual
abuse;

Recommends that Member States extradite traffickers in human beings and confiscate the proceeds

41.
of their criminal activities to finance a European compensation fund for victims;

DOMESTIC SLAVERY

42.

Recommends that Member States make domestic slavery a specific offence under their criminal law;

Recommends that Member States grant visas to service staff working in embassies, subject to pro-

43.
duction of an employment contract, and allow them freely to change employers;

(1) 2001/0024(CNS), Position of the European Parliament of 12 June 2001, (cid:145)Texts Adopted(cid:146), Item 5.

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44.
Recommends that Member States amend the Vienna Convention of 18 April 1961 on Diplomatic
Relations to provide for diplomatic immunity to be waived in the event of human rights abuses resulting
from acts carried out by diplomats in their private lives;

45.
Recommends that Member States combat domestic slavery in connection with the implementation
of the forthcoming Council framework decision on combating trafficking in human beings referred to
above;

II. Freedoms (Articles 6 to 19)

Protection of privacy and personal data

46.
Recommends that the Council, Commission and Member States take the necessary action to protect
the general public against the intrusions of extra-legal communications interception systems such as the
Echelon system;

47.
Recommends that the Council and the Member States bear in mind that, with regard to the revision
of Directive 97/66/EC, the interception and storage of data concerning traffic and location in electronic
communications are entirely exceptional measures which must be based on a specific law which is access-
ible to the general public, be authorised by the judicial or competent authorities, be of limited duration,
and be proportionate and necessary within a democratic society; points out that, under the European
Convention on Human Rights and pursuant to rulings issued by the Court of Human Rights, any form
of wide-scale general or exploratory electronic surveillance is prohibited;

48.

Recommends that the Member States apply:

(cid:129) the United Nations guidelines for the regulation of computerised personal data files of 14 December
1990, and in particular the principles of lawfulness, fairness, accuracy, access by the persons con-
cerned, non-discrimination, security and sanction;

(cid:129) the Council of Europe Recommendation R(1999)5 on guidelines for the protection of individuals with

regard to the collection and processing of personal data on information highways;

49.
Recommends that Member States transpose European Parliament and Council Directive 95/46/EC of
24 October 1995 on the protection of individuals with regard to the processing of personal data and on
the free movement of such data (1), so that the EU will have a common legal platform in this area;

Recommends that the Union equip itself with a binding legal instrument which offers, in areas

50.
within the second and third pillars, guarantees equivalent to those established under Directive 95/46/EC;

Freedom of thought, conscience and religion

51.

Recommends that the Member States apply, if they have not yet done so:

(cid:129) Council of Europe Recommendation 1202 (1993) on religious tolerance in a democratic society;

(cid:129) Council of Europe Recommendation 1396 (1999) on religion and democracy;

Recommends that the Member States focus in particular on the illegal or criminal activities some-
52.
times carried out by cults, which jeopardise the physical and mental integrity of individuals, in particular
by means of:

(cid:129) information and awareness campaigns by specialised independent human rights bodies to ensure that

anyone may decide freely whether to join or leave a religious or spiritual movement;

(cid:129) changes to legal, fiscal and criminal law provisions designed to counteract the illegal activities of some

cults;

(1) OJ L 281, 23.11.1995, p. 31.

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53.
Recommends that Greece should observe strictly the right to conscientious objection, without ref-
erence to any religious criteria, and in particular that the Member States concerned should offer an alter-
native to military service of equal duration, which should not be turned into a punitive form of civilian
service;

Freedom of expression and information

Recommends that the Member States ratify the European Convention on Transfrontier Television of

54.
5 May 1989, if they have not yet done so;

55.

Recommends that the Member States apply the Council of Europe recommendations:

(cid:129) of 30 November 1997 on the media and the promotion of a culture of tolerance (R(97)21);

(cid:129) of 22 November 1994 on measures to promote media transparency (R(94)13);

Recommends that the Member States observe scrupulously the right of journalists not to disclose
56.
their sources of information, in accordance with the Council of Europe recommendation of 8 March 2000
on the rights of journalists not to disclose their sources of information (R(2000)7);

Recommends that the Member States display particular vigilance as regards quasi-monopolies or
57.
extreme concentrations of ownership in the audiovisual and written press, which are barriers to the
expression of pluralism, and establish independent regulatory authorities in those Member States where
such authorities do not yet exist;

Right to asylum and rights of citizens from third countries

Recommends that the Member States ratify the following international and European conventions, if

58.
they have not yet done so:

(cid:129) Convention relating to the Status of Stateless Persons of 28 September 1954;

(cid:129) Convention on the Reduction of Statelessness of 30 August 1961;

(cid:129) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of

10 December 1984;

(cid:129) Protocol No 4 to the European Convention on Human Rights of 16 September 1963;

(cid:129) Protocol No 7 to the European Convention on Human Rights of 22 November 1984;

(cid:129) additional Protocol to the European Convention on Extradition of 15 October 1975;

59.
Recommends that the Member States adopt promptly a common policy on asylum procedures,
reception of asylum seekers and refugee status that strictly respects the rights of asylum seekers and that
is based on a non-restrictive interpretation of the Geneva Convention including persecution by non-state
agents and gender-related persecution and on UNHCR recommendations and conclusions, while affording
those granted the right of asylum a swift, efficient and just administrative procedure and full integration;

60.
Recommends that the Member States consider the possibility of granting subsidiary protection to
persons who are not protected by the Geneva Convention but who must not, for humanitarian reasons or
because they would be in grave danger, be sent back to their country of origin (victims of trafficking in
human beings and domestic slavery);

61.
Recommends that the Member States ensure that their asylum policies as well as their border and
entry policies respect the principle of non-refoulement and be aware that at present the combination of
the Dublin Convention rules and the (cid:145)safe third country(cid:146) and (cid:145)safe country of origin(cid:146) concepts, as well as
rules on carrier sanctions and the lack of suspensive effect of certain appeal procedures, constitute a threat
to this principle;

62.

Recommends an increase in EU financial aid to the UNHCR;

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Recommends that the Member States make the naturalisation procedure more flexible, so that resi-

63.
dents of foreign origin who so desire may acquire full citizenship;

Recommends that the Council adopt and the Member States implement without delay the draft
64.
directive submitted by the Commission and amended by Parliament on family reunification, in the interests
of upholding the right to family life;

III. Equality between citizens (Articles 20 to 26)

Discrimination

65.
Recommends that the Member States transpose and implement swiftly the European directives
adopted on the basis of Article 13 of the EC Treaty with the aim of combating all discrimination on
grounds of sex, race or ethnic origin, religion or belief, disability, age or sexual orientation;

Measures to combat racism

66.

Recommends that the Member States ratify the following conventions, if they have not yet done so:

(cid:129) ILO Convention concerning discrimination in respect of employment and occupation of 25 June

1958;

(cid:129) Unesco Convention against discrimination in education of 14 December 1960;

(cid:129) Protocol No 12 to the European Convention on Human Rights of 4 November 2000;

67.
Recommends that the Member States swiftly adapt their criminal and civil anti-discrimination laws,
in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin (1) and make racism an aggravating cir-
cumstance in connection with sentencing for violent crimes;

Recommends that the Member States set up independent bodies to support and assist victims of

68.
racism, where necessary, and introduce strategies to prevent and combat it;

69.
Recommends that the Member States implement jointly the legal and ethical measures necessary to
punish use of the Internet for racist purposes and, in particular, sign the EuroISPA memorandum of under-
standing of 6 August 1997 concluded between European associations of Internet access and service pro-
viders;

Rights of national minorities

70.

Recommends:

(a)

(b)

that Belgium, Ireland and Greece, sign and ratify and that Austria, France, Italy, Luxembourg and
Portugal, ratify the European Charter for Regional or Minority Languages of 5 November 1992,

that Belgium and France sign and ratify and that Greece, Luxembourg, the Netherlands and Portugal,
ratify the Framework Convention for the Protection of National Minorities of 1 February 1995;

71.
Recommends that the Member States honour their special duty to the various national minorities
among the EU population and give due weight to their economic, social, political and cultural rights, in
accordance with the above conventions;

(1) OJ L 180, 19.7.2000, p. 22.

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Recommends that the Member States significantly improve the situation of the Roma/Sinti, in par-

72.
ticular by:

(cid:129) combating all forms of discrimination against this minority, especially in the field of employment and

housing;

(cid:129) introducing educational facilities geared to the needs of Roma/Sinti children;

(cid:129) increasing the number of parking sites available and introducing a European identity card for itiner-

ants;

Equality between men and women

73.
Recommends that the United Kingdom sign and ratify and that Belgium, Germany, Greece, Lux-
embourg, the Netherlands, Portugal, Spain and Sweden, ratify the Optional Protocol to the Convention on
the Elimination of All Forms of Discrimination against Women of 6 October 1999;

Recommends that the Commission proceed swiftly with the enhancement and expansion of legis-

74.
lation, particularly by:

(cid:129) updating existing European legislation on equal treatment of men and women on the labour market,

(cid:129) extending this legislation to other areas of the life of society and not only those of employment,
occupation and pay, by way of the adoption of a directive on equal treatment in order to guarantee
equality between men and women,

(cid:129) introducing appropriate penalties for non-compliance, including Treaty infringement procedures pur-

suant to Article 226 of the EC Treaty,

(cid:129) mainstreaming the principle of equal treatment in legislation and policy pursuant to Article 3(2) of the

EC Treaty,

(cid:129) developing policies (e.g. on parental leave and part-time work) to enable and encourage men to do

their share of care tasks;

Recommends that the Member States ratify, if they have not yet done so, the Maternity Protection

75.
Convention of 15 June 2000;

Recommends that the Member States introduce special

76.
rights for women;

laws on individualised social protection

77.
Recommends that the Member States adopt national plans to promote more balanced participation
of women and men in political decision-making, inter alia by encouraging political parties to introduce
quota systems in their electoral lists;

78.
Recommends that the Member States promote the systematic collection and publication of com-
parable statistics at national and European level in order to gain a clearer picture of the involvement of
men and women in all sectors of economic, social, political and cultural life;

Discrimination on the basis of sexual orientation

79.
Recommends that the Member States include sexual orientation in Additional Protocol No 12 to the
European Convention on Human Rights as one of the prohibited grounds for discrimination and extend
the terms of reference of the European Commission against Racism and Intolerance to include homopho-
bia based on sexual orientation;

80.
Recommends that the Member States repeal all remaining discriminatory legislation concerning
homosexuality and release from prison all persons jailed under such provisions, and calls in particular on
Austria (cid:129) in accordance with the ruling of the European Commission of Human Rights and the numerous
appeals issued by the European Parliament (cid:129) to revise the provisions concerning the age of consent;

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Recommends that the Member States prohibit discrimination on grounds of sexual orientation and
81.
include it as an offence under the criminal or civil
law of all Member States, and adopt appropriate
employment-law measures to implement Council Directive 2000/78/EC of 27 November 2000 establish-
ing a general framework for equal treatment in employment and occupation (1);

82.
Recommends that the Member States introduce legislation in line with Directive 2000/78/EC, which
forbids discrimination on the grounds of sexual orientation in access to goods and services, health, hous-
ing, education and social protection; notes that to date only eight Member States have equivalent anti-
discriminatory legislation;

83.
Repeal discriminatory laws against gays and lesbians in criminal codes of current Member States, as
well as assuring that they will not ratify any accession of countries which have discriminatory laws against
homosexuality, such as Romania(cid:146)s Article 200;

Non-marital relationships

84.

Recommends that Member States:

(cid:129) amend their legislation in order to recognise non-marital relationships between persons of the same or

the opposite sex and assign them equal rights,

(cid:129) put the issue of mutual recognition of legally recognised non-marital relationships on the EU agenda;

Recommends that the Member States introduce legislation which prohibits discrimination for long

85.
term co-habitants and provides the same judicial protection as for legally married couples;

Rights of children

86.

Recommends that the Member States ratify, if they have not yet done so:

(cid:129) Protocol No 7 to the ECHR of 22 November 1984;

(cid:129) the European Convention on the Adoption of Children of 24 April 1967;

(cid:129) the European Convention on the Legal Status of Children born out of Wedlock of 15 October 1975;

(cid:129) the European Convention on the Exercise of Children(cid:146)s Rights of 25 January 1996;

87.
Recommends that the Member States make paedophile acts and child pornography on the Internet
specific offences under the criminal law of all Member States, in connection with the implementation of
the forthcoming Council Framework Decision on combating the sexual exploitation of children and child
pornography (2);

Recommends that the Member States create and appoint an Ombudsman for children at European

88.
and national level to promote and safeguard the best interests of all children;

Recommends that the Member States support the setting-up and continuing operation (including by

89.
means of public funding) of bodies which children may contact directly if they are suffering abuse;

Recommends that the Member States ensure that all children present on their territory have access

90.
to education;

91.
Recommends that the Member States launch national information campaigns concerning the con-
ditions governing international adoption aimed at professionals in the sector and applicants for adoption;

Rights of the elderly

Recommends that the Member States ratify the revised European Social Charter of 3 May 1996, if

92.
they have not yet done so;

(1) OJ L 303, 2.12.2000, p. 16.
(2) 2001/0025(CNS), Position of the European Parliament of 12 June 2001, (cid:145)Texts Adopted(cid:146), Item 4.

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Recommends that the Member States apply the United Nations Principles for Older Persons and

93.
include them in their respective national programmes;

94.
Recommends that the Member States adopt measures for the increasing numbers of elderly people
levels and in all fields, whether social,
in society, entitling older persons to equal participation at all
cultural or political; considers that particular attention should be paid to employment, health and social
protection;

Recommends that the Member States recognise the right of every worker, at the time of retirement,
95.
to be able to enjoy resources affording him or her a decent standard of living, in accordance with the
Community Charter of the Fundamental Social Rights of Workers of 1989;

Recommends that the Member States take account of ageing in government policies and practices

96.
in the field of employment, health and social protection;

Protection of the disabled

Recommends that the Member States ratify, if they have not yet done so, the ILO Convention of
97.
20 November 1983 concerning vocational rehabilitation and employment (disabled persons) and the
revised European Social Charter, which guarantees the right to autonomy and social integration;

Recommends that the Member States insert in Additional Protocol No 12 to the ECHR (cid:145)disability(cid:146) as

98.
one of the grounds for discrimination which must be avoided;

Recommends that the Member States apply the United Nations standard rules on the equalisation of

99.
opportunities for persons with disabilities;

Recommends that the Member States sign the revised European Code of Social Security, which

100.
guarantees the vocational retraining of invalids;

Recommends that the Member States prepare the European Year of Disabled People in 2003, in
101.
line with the Commission proposal, and apply the multiannual action programme to combat discrimi-
nation (2001-2006), in order to raise public awareness in the Member States and give a higher profile to
questions relating to disabilities;

Recommends that the Member States give due weight to the importance of sign language and

102.
Braille for the integration of those who use them;

IV. Solidarity (Articles 27 to 38)

Fair working conditions

Recommends that the Member States ratify the following conventions, if they have not yet done

103.
so:

(cid:129) United Nations Convention on the Protection of the Rights of all Migrant Workers and Members of

their Families of 18 December 1990;

(cid:129) the revised European Social Charter of 3 May 1996;

Recommends that the Member States comply strictly with the minimum work age of 15 years,

104.
particularly as regards family firms, home working and agriculture, and penalise infringements;

Recommends that the Member States apply the criteria laid down by the Council of Europe for the

105.
fair remuneration of adult workers or minors;

106.
Recommends that the Member States improve the working conditions and remuneration of tem-
porary or fixed-term contract employees, particularly in the services sector, and take general measures to
combat bullying;

Recommends that the Member States comply with the provisions requiring adequate notice of

107.
dismissal to be given in accordance with the provisions of the revised European Social Charter;

108.

Recommends that the Member States step up action to combat undeclared work;

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Social protection

109.
Recommends that Germany and the Netherlands sign and ratify and that Austria, Belgium, Den-
mark, Spain, Finland, Greece, Luxembourg, Portugal and the United Kingdom ratify the revised European
Social Charter of 3 May 1996;

Recommends that the Member States ensure access to affordable quality health care for all, and in

110.
particular people on low incomes;

Recommends that the Member States ensure that everybody who is living on their territory has

111.
access to health care;

Recommends that the Member States comply strictly with, and penalise infringements of, the
112.
provisions of the revised European Social Charter and the European directive concerning the right to
maternity leave as regards duration and payment, while also prohibiting dismissals during this period,
including in the domestic work sector;

Combating exclusion

113.
Recommends that the Member States guarantee to meet the basic material needs of persons living
in extreme poverty, penalise practices which lead to the marginalisation of such persons and vigorously
pursue a strategy to reduce large-scale poverty in the EU;

114.
Recommends that the Member States adopt the policies necessary to provide decent housing for
all those who do not have adequate resources, since lack of housing is one of the main causes of exclusion,
and renovate run-down areas by encouraging high-quality architecture;

Consumer protection

115.
Recommends that the Council adopt a resolution defining the concept of the precautionary prin-
ciple so as to arrive at a legal definition of this principle and the conditions under which it should be
applied that is as precise and predictable as possible;

Recommends that the European Union and its Member States adopt the measures necessary to
116.
step up scientific research in sectors which generate serious public concern, ensure the transparency and
traceability of products, and provide consumer information;

V. European citizenship (Articles 39 to 46)

Right to vote and to stand as a candidate at elections to the European Parliament and municipal elections

Recommends that the Member States ratify the following European conventions, if they have not

117.
yet done so:

(cid:129) European Convention on the Participation of Foreigners in Public Life at Local Level of 5 February

1992;

(cid:129) European Convention on Nationality of 6 November 1997;

118.
Recommends that the Member States introduce more transparent and more effective (cid:145)governance(cid:146)
of European affairs, together with a genuine public information policy, in order to combat the growing
public indifference reflected in the inadequate turnout at European elections;

Recommends that the Member States provide better information about elections to citizens of the

119.
European Union, so that they can vote in European and local elections in their place of residence;

Recommends that the Member States take all possible measures to improve participation in pol-

120.
itical life by third-country nationals legally resident in EU territory;

Recommends that the Member States extend voting rights to citizens of third countries who are

121.
long-term residents of the European Union;

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122.
Recommends that the Member States extend the right to vote and to stand in municipal and
European elections, which Article 19 of the EC Treaty grants to citizens of the European Union, to all
non-Union citizens who have been legally resident on their territory for at least three years;

Freedom of movement and of residence

Recommends that the Commission, the Council and the Member States take all action necessary

123.
pursuant to Article 14 of the EC Treaty to ensure that free movement of persons is fully achieved;

The new Italian Parliament honour the promise of the previous Italian Government swiftly to

124.
repeal the transitional Article XIII of the Italian Constitution;

Recommends that the Member States abolish any restrictions (including ones of a constitutional
125.
nature) which prevent the free movement of citizens within their own country; individual laws which
impose such restrictions (such as those relating to the members of former reigning families) must be
regarded as illegal and as contrary to EU legislation and case law;

126.

Recommends that the Commission rapidly revise existing rules, inter alia so as to:

(cid:129) make it easier for students, researchers and retired persons to enjoy the right of residence;

(cid:129) overcome the difficulties regarding freedom of residence and movement faced by migrant workers,

with particular regard to social security benefits and the acquisition of pension rights;

(cid:129) ensure protection of family life for members of the families of Union citizens;

(cid:129) extend the right of freedom of movement and residence to third-country nationals who have been

legally resident on the territory of a Member State for at least three years;

127.
Recommends that the Member States coordinate more closely their policies on expulsion on
grounds of public order or public health, with due regard for the case law of the Court of Justice of the
European Communities;

128.
Recommends that the Member States draw up a European Constitution, to be devised by a Con-
vention and adopted by citizens, with the Charter as a preamble and serving as a genuine social contract
that will guarantee the vital requirements of efficiency, transparency and democracy and will make the
European Union more accessible;

129.
Recommends that in addition to making the Charter into a binding instrument and in order to
guarantee a coherent system for protecting fundamental rights throughout Europe, the Member States take
the measures necessary to enable the EU to obtain legal personality and to become party to the European
Convention on Human Rights;

Right to good administration

Recommends that codes similar to the Code of Good Administrative Conduct proposed by the

130.
European Ombudsman be adopted in the near future by all EU Institutions and decentralised bodies;

131.
Recommends that the principle of public service neutrality be included in the codes of good
conduct adopted by the Member States and European Institutions, together with the principles of fairness
and impartiality which should guide any administration;

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Right of access to documents

132.
Recommends that the Member States strictly implement European Parliament and Council Regu-
lation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and
Commission documents (1);

VI. Justice (Articles 47 to 50)

Right to a fair trial

Recommends that the Member States implement Council of Europe Recommendation on the free-

133.
dom to exercise the profession of lawyer of 25 October 2000 (R(2000)21);

Recommends that the Member States speed up legal proceedings, which are too lengthy in some
134.
Member States, as stressed by the European Court of Human Rights, and increase the general efficiency of
the public administration of justice, in particular by using new information technologies;

Recommends that the Member States monitor and, if necessary, penalise delays or intransigence

135.
on the part of national administrations in complying with judgments handed down;

136.
Recommends that the Member States ensure that judgments of the European Court of Human
Rights are implemented without delay by the national courts and that national laws are brought into line
with both the ECHR and the case law of the European Court of Human Rights;

137.
Recommends that the Member States reform the procedures for gaining access to legal aid in all
sectors and for all persons without adequate resources, without restrictions of nationality or place of
residence, and significantly improve conditions for access to competent interpreting services free of charge;

Presumption of innocence and right of defence

138.
Recommends that the Member States guarantee the principle of the presumption of innocence,
including in matters relating to the prevention of terrorism and, in general, adopt all measures to restrict
detention in custody to a minimum;

Recommends that the Member States agree common minimum standards for certain aspects of
law, in particular rules covering pre-trial orders and the rights of the defence, in order to

139.
procedural
guarantee a common level of fundamental rights protection throughout the EU;

*

*

*

140.
Expresses the intention that the substance of this resolution should not in any way limit the future
interpretation and development of the rights, freedoms and principles for citizens within the European
Union and the obligations and responsibilities of the Member States as laid down in the Charter of Fun-
damental Rights of the European Union;

141.
Instructs its President to forward this resolution to the Council, the Commission, the Court of
Justice of the European Communities, the European Court of Human Rights, the European Ombudsman,
the Council of Europe and the governments and parliaments of the Member States and of the candidate
countries.

(1) OJ L 145, 31.5.2001, p. 43.