More Determination is Needed to Make Human Rights Real

"Europe must move with more determination from rhetoric to enforcement of human rights standards" stated the Council of Europe Commissioner for Human Rights, Thomas Hammarberg, when presenting the last annual report of his mandate.

Remaining problems which I feel must be addressed with determination and energy.

Structural dysfunction of the justice system
One is the structural dysfunction of the justice system in several member states where corruption and political interference are still flagrantly present. Court proceedings are too often excessively lengthy and pre-trial detention is also used excessively in cases when there is no risk that the suspect will abscond or sabotage investigations. It is estimated that no less than one in every four prisoners in Europe today is detained on remand - that is before final conviction.

Attitudes towards asylum-seekers/migrants have become more negative
Migration was, is and will be a highly controversial issue in Europe. Attitudes towards asylum-seekers and migrants have gradually become more negative and this has influenced policies. Political leaders have all too often preferred to follow – rather than lead – public opinions, thus feeding xenophobic movements. The perspective that Europe in future will need immigration is seldom mentioned in this climate. Europe should adopt a more humane migration policy and asylum procedures based on human rights principles. This will require co-ordination between European countries and at least a minimum level of solidarity between them.

Free media
Free media are essential to democracy and human rights. However, I have noticed that different forms of control and pressure over the variety and content of broadcast and print media have hampered their independence and pluralism. In a number of European states media freedom is undermined through criminalisation of defamation; law-induced censorship; intimidation, harassment and even murder of journalists; politicisation of the allocation of radio and television frequencies; and monopoly tendencies undermining pluralism in the media landscape. Another threat against freedom of expression is the temptation to over-regulate Internet-based social media.

People with disabilities
People with disabilities are vulnerable, in particular persons with mental health problems or intellectual disabilities. Persons with disability remain largely excluded from key sectors of life, including access to adequate and humane health care, decent work and housing, public places, transportation, quality education and sometimes even civil rights, such as the right to vote. As adequate support is not always provided, many persons with disabilities and their families live in poverty and disparaging living conditions. They are also particularly vulnerable to violence and abuse, sometimes at the hands of the very persons who are supposed to be their carers.

Though legal protection of their rights has developed at international and European level, these standards have not yet been translated into concrete policies and real results on the ground. The needs of persons with disabilities are still given low priority in state and municipality budgets. More recognition, protection and social inclusion should be ensured for them.

Older persons
The living conditions of older persons are another major concern. The elderly have been forced to take much of the burden of recent economic problems and austerity budgets. I have seen signs of deep old-age poverty in several countries. Many of the victims are women, often with very minimal pensions. The situation in care homes for elderly persons differs greatly, but there are institutions which are substandard and where the residents are not well taken care of – and in some cases even abused or neglected. There is a need for a deeper discussion on the rights of older people. I sincerely hope that the Council of Europe will respond to this important challenge.

Roma
Roma still live in abject misery and suffer alienation in many European countries. Urgent measures must be taken to ensure more humane housing standards for Roma families, grant access to quality education and foster social inclusion. To this end, it is crucial to guarantee that all Roma, in particular children, have personal identity documents and are no longer treated as stateless. Without more energetic efforts to achieve these basic results, it will be difficult to put an end to wide-spread anti-Gypsyism, to which some politicians have also contributed.

Lesbian, Gay, Bisexual and Transgender Persons
Other human beings who suffer marginalisation and stigmatisation are lesbian, gay, bisexual and transgender persons. They are grossly discriminated in several member states just because of their sexual orientation and gender identity. This is very much a question of knowledge and attitudes. It is particularly important that credible opinion builders in each society demonstrate the courage to address these prejudices and make clear that international standards and national legislation already prohibit discrimination against these groups.

Gender equity
The struggle for gender equity must continue. Despite some progress in awareness and legal protection, discrimination against women persists in employment, education and political participation. Furthermore, violence against women remains a significant yet under-estimated problem. Taboos, ignorance and machismo still surround the issue of domestic violence, contributing to its persistence. Women in all parts of Europe continue to be victims of rape, sexual exploitation and forced prostitution. Male politicians are still much too passive on these issues.

Child poverty
We have child poverty in Europe – millions of children grow up in destitute families or have been placed in care homes or other institutions. About half of the member states have not banned corporal punishment of children. There are alarming reports about tragic cases of physical, sexual and psychological violence and abuse. The Council of Europe's campaigns for the rights of the child have sent signals which must be taken seriously by authorities in the member states.

Current economic climate
Some of the problems I have mentioned here relate directly to the current economic crisis and have worsened since 2008. It should of course be recognised that governments are facing extremely difficult times when seeking to boost the economy and rebalance public finances. Considerations of the human rights impact of different policies must not be forgotten in this endeavour. Plans and strategies which sacrifice individual economic and social rights, as well as the democratic process, would be greatly mistaken. Putting human rights at the centre of the recovery plans should not be seen as an additional strain on budgets, but rather as a reinforcement of our society and its resilience.

Challenges will require wisdom, courage and political will
Addressing all these issues and other human rights challenges will require wisdom, courage and political will in government offices. I am convinced that the Council of Europe and the Office of the Commissioner can and must contribute. I hope that the Commissioner will continue to benefit from genuine co-operation with governmental authorities, national human rights structures and non-governmental organisations in order to be able to assist in the identification of shortcomings and to provide meaningful and impartial advice. This institution should be provided with the adequate resources to ensure that it is equipped to fulfil such a role with the necessary competence.

Thomas Hammarberg, Strasbourg, 17 January 2012