B Explanatory
memorandum by Mr Connarty, rapporteur
1 Introduction
1. Following a request submitted by Ms Liliane Maury
Pasquier, Chairperson of the Committee on Social Affairs, Health
and Sustainable Development, and Mr Gvozden Srećko Flego, Chairperson
of our Committee, the Bureau of the Assembly, meeting on 29 November
2012 in Andorra la Vella, proposed to seize the Committee on Culture,
Science, Education and Media for report on “Young people’s access
to fundamental rights” and the Committee on Social Affairs, Health
and Sustainable Development for opinion. This proposal was ratified
by the Standing Committee on 30 November 2012. The committee appointed
me rapporteur on 19 December 2012 and asked me to prepare the present
report with the highest priority, in order for it to be presented
at the April 2013 part-session in a joint debate with the report
by Ms Polonca Komar on “Young Europeans: an urgent educational challenge”
(
Doc. 13155).
2. Taking note of the outcomes of the 9th Conference of Ministers
responsible for Youth (St Petersburg, 24-25 September 2012) and
of the Youth Assembly held in Strasbourg from 5 to 7 October 2012,
the Chairperson of our Committee, Mr Flego, and the Chairperson
of the Committee on Social Affairs, Health and Sustainable Development,
Ms Maury Pasquier, proposed to hold a joint meeting of the members
of the two committees on 21 January 2013 to discuss future action
to enhance young people’s access to fundamental rights. At this
meeting, the members of the two committees held an exchange of views
with Ms Maria Paschou, Chairperson of the Advisory Council on Youth
(CCJ), Ms Laurence Hermand, Vice-Chairperson of the European Steering
Committee for Youth (CDEJ), and Mr Håkon Haugli (Norway, SOC), General
Rapporteur on the rights of Lesbians, Gays, Bisexuals and Transgender
Persons (LGBTs).
Note
3. Giving proper consideration to young people’s expectations
and fully meeting their needs are key challenges for our European
societies: both our present and our future are at stake. It is not
just today that we are discovering the crucial importance of securing
young people’ access to fundamental rights: indeed, this issue has
been on the agenda of the Council of Europe for the last 40 years.
Sections 2 and 3 below will recall main achievements and more recent
developments in this domain. Section 4 will seek to identify further
steps that should be envisaged to improve youth policy at national
and European levels.
2 Progress
in youth policies driven by the work of the Council of Europe until
2010
4. The 2012 Conference of Ministers responsible for
Youth was the latest in a series of conferences held by the Council
of Europe on youth-related matters since 1985,
Note which
have triggered significant developments.
Note
5. Within the Council of Europe, intergovernmental co-operation
in the youth field has been reinforced, and a co-management and
co-decision procedure established, which allows for joint decision-making
by the Advisory Council on Youth (representing young people in Europe
through youth organisations) and the European Steering Committee
for Youth (representing government authorities responsible for youth
policies).
6. Other important achievements have been: the establishment
of the European Youth Foundation which includes a Youth Mobility
Fund, the establishment of the Youth Centres in Strasbourg and Budapest
and increased co-operation in the field of youth between the Council
of Europe and the European Union. In addition, the work of the Council
of Europe intergovernmental sector led to the adoption of a number
of Committee of Ministers recommendations on youth policies,
Note providing
guidance on important topics such as citizenship and democratic
participation, integration, information and counselling, mobility,
non-formal education and others.
7. Efforts at European level have been reflected by progress
in youth policies of the Council of Europe member States. Main achievements
include:
- the development of
youth policies at local, regional and national levels, stressing
in particular the need for better social and professional integration
of young people, notably girls and young women, as well as disadvantaged
and marginalised youth;
- the establishment of national youth centres in all Council
of Europe member States;
- the development of national action plans to combat racism,
religious sectarianism, xenophobia, anti-Semitism, intolerance and
all forms of exclusion following the launch of the “All different
– All equal” campaign;
- increased participation of young people in decision-making
at national level.
3 Action taken in
2011 and 2012
3.1 Parliamentary Assembly
Recommendation 1978 (2011)
8. The Assembly, in its
Recommendation 1978 (2011) “Towards a European framework convention on youth rights”,
takes stock of what has been achieved so far and sets objectives
for future action, including the proposal to move towards a European
framework convention on youth rights. The Committee of Ministers
did not agree to this proposal, considering “that in the present
situation priority should be given to the effective implementation
of existing instruments”.
9. In its
reply to our
Recommendation
1978 (2011) the Committee of Ministers agreed, however, on the idea
of a study which should “lay emphasis on the systematic encouragement
of policies to improve the access of young people to their rights.
These policies could include making more effective use of the tools
the Council of Europe offers, and developing further activities
and programmes that take into account the specific needs of young
people as manifested in society”.
10. Therefore, on 28 June 2012, following a request of the Committee
on Culture, Science, Education and Media, its Chairperson, Mr Flego,
discussed with Ms Samardžić-Marković, Director General of Democracy,
the possibility of launching such a study and preparing a handbook
of instruments, programmes and policies on youth rights. Mr Flego
asked Ms Samardžić-Marković to look into the possibility of including
this work in the programme of activities for the biennium 2014-2015.
We have to follow this up to make sure that, indeed, these proposals
are included in the Council of Europe’s programme of activities.
3.2 Parliamentary Assembly
Resolution 1885 (2012) and Recommendation 2002 (2012)
11. In
Resolution
1885 (2012) and
Recommendation
2002 (2012) “The young generation sacrificed: social, economic and
political implications of the financial crisis”, the Assembly underscored
that the persisting economic instability across Europe has exposed
young people to unprecedented hardship. Unemployment, underemployment,
socio-economic inequalities, poverty and exclusion disproportionally
affect the young generation, whose autonomy, dignity, well-being
and access to rights are rapidly eroding.
12. The Assembly proposed a series of measures for ensuring the
smoother integration of young people into society through active
citizenship, social dialogue, improved access to rights and sustainable
employment. This notably implies strengthening youth policies and
participation through the provision of financial support to youth-oriented
projects, programmes and organisations,
Note fostering job creation,
improving life-long learning opportunities and social protection
through the implementation of “youth guarantee” schemes,
Note stimulating youth
entrepreneurship through advisory services, tax facilities, grants
and microcredits designed for young people,
Note and building public-private
partnerships between social partners. The Assembly reiterated its
proposal to draft a European framework convention on the rights
of young people.
Note
13. In its
reply to
Recommendation
2002 (2012), the Committee of Ministers, as regards the Framework Convention,
referred back to their reply to
Recommendation 1978 (2011). The Committee of Ministers did, however, agree to the
importance of involving young people in the “formulation, implementation
and follow-up” of youth policies. The Committee of Ministers also
referred to the importance of quality education in preparing young
people for life as citizens and for their integration in the labour
market.
3.3 9th Conference
of Ministers responsible for Youth (St Petersburg, 24-25 September
2012)
14. This Conference (which Assembly President Mignon,
Mr Flego, Mr Volontè and myself attended) was meant as a major opportunity
for young people to make their voices heard and to ensure that their recommendations
are part of policies and strategies for youth in our member States.
Youth representatives put forward very interesting proposals, which
Ministers were invited to adopt as an appendix to the ministerial declaration.
15. The draft declaration listed a series of steps to be taken
by public authorities, including
inter
alia:
- a critical
and profound knowledge-based analysis of any problems faced by young
people in accessing rights – which should involve representatives
of youth organisations with policy makers, experts and other civil
society organisations – and a regular review of progress made in
this area;
- a review of existing and planned legislation, and adoption
of legislative measures intended to remove legal obstacles to young
people’ access to their rights;
- a modification of the structure and practice of existing
institutions catering for young people, in order to support them
more effectively and to address equally the needs of all groups
of young people, in addition to the improvement of the qualifications
of staff working in these institutions;
- regular consultation with youth policy stakeholders, in
order to improve this policy as necessary;
- an effective information system (readily accessible to
all groups of young people, especially those who are discriminated
against or socially excluded) to raise young people’s awareness
of their rights and of the possibilities to seek redress if these
rights are withheld or violated;
- adequate and equitable financial support for youth work
and non-formal education activities aimed at informing young people
and engaging them in the promotion of fundamental rights;
- stronger attention paid by the formal education sector
and social policy to young people’s access to rights;
- an approach in the development and implementation of youth
policy which is sensitive to issues of gender and sexual orientation.
16. The draft declaration concluded with a list of actions to
be taken by the Committee of Ministers of the Council of Europe
aimed at improving young people’s access to rights. Unfortunately,
the Ministers did not agree on the declaration. As a result, the
young people’s proposals did not get the Ministers’ endorsement.
17. Young people’s recommendations must be taken into account
in the Council of Europe’s future work. Ministers and their representatives
cannot call for more political and civil participation of young
people while at the same time ignoring what they have to say. The
attention of the members of the Assembly is therefore drawn to the
conclusions of the Youth event held in St Petersburg on 22 and 23
September 2012 just before the Conference of Ministers responsible
for Youth; they appear in the Appendix to this explanatory memorandum.
3.4 Youth Assembly
(Strasbourg, 5-7 October 2012)
18. On the initiative of President Mignon, the Parliamentary
Assembly organised, in co-operation with the Youth sector of the
Council of Europe, the second Youth Assembly as a contribution to
the World Forum for Democracy held in Strasbourg from 5 to 11 October
2012.
19. The Youth Assembly participants prepared their contributions
to the World Forum for Democracy both through online exchanges prior
to their Assembly and in fruitful debates held in Strasbourg. The
conclusions of the Youth Assembly are reproduced in a document by
our committee.
Note The delegates from the Youth Assembly
were recognised as having made significant contributions to the
seminars of the World Forum for Democracy, revealing a genuine inter-generational
dialogue. This was also recognised in a two-way dialogue meeting
with the President of the Assembly, Jean-Claude Mignon.
4 Steps towards stronger
recognition and more effective implementation of young people’s fundamental
rights
4.1 Re-thinking national
youth policies
20. It is essential that our member States rethink youth
policies to render them more comprehensive as regards young people’s
access to fundamental rights.
21. To streamline national strategies aimed at young people’s
empowerment and their access to rights – as well as implementation
policies – member States should aim, as a priority, to strengthen
young people’s capacity to:
- build
their own identity;
- become more influential actors of social and economic
development;
- participate in policy discussion processes and decision-making.
22. Young people’s capacity to build their own identity depends
on the effective exercise of fundamental rights, such as the right
of access to culture and to take part in cultural life, the right
to education and training, freedom of religion and belief and freedom
of expression and of association. Member States have a duty to guarantee
not only the effectiveness of these rights, but also the conditions
for young people to fully develop their potential. This entails,
among others, that member States:
- prevent
and counteract all forms of racism, sectarianism and discrimination,
on any ground;
- ensure that young people are effectively able to maintain
their cultural heritage and promote visibility of minorities in
the media;
- foster the peaceful coexistence of different groups through
intercultural education and dialogue (namely by the introduction
of multicultural topics in pre-primary and primary education);
- ensure the sustainable provision of quality non-formal
education opportunities, including volunteering opportunities;
- support unrestricted access to Internet and override censorship
on the Internet and in the media.
23. Young people’s capacity to become more influential actors
in social and economic development depends on the access to social
rights, including employment and training, housing, social protection
and health care. To support the development of such a capacity,
member States should:
- develop
active employment policies that facilitate the entry of young people
into employment;
- develop tax and financial incentives to encourage companies
to recruit young people into training programmes with on-the-job
certification, which would facilitate the transition between education
and the labour market;
- prevent the excessive use of unpaid work experience or
low paid employment, and encourage businesses to help young people’s
transition from insecure contracts to stable jobs;
- promote equal access to health care and conduct health-awareness
campaigns directed at young people about health risks and how to
protect themselves against them, including practical information on
access to treatments;
- introduce targeted financial schemes and/or incentives
to facilitate young people’s access to decent, affordable housing.
24. To reinforce young people’s capacity to participate in policy
discussion processes and decision-making, member States should become
more proactive and ensure regular discussions with and involvement
of young people in the design and implementation of youth policies,
and also create opportunities for vulnerable young people (disadvantaged,
minority groups, LGBTs) to get involved. In this respect, member
States should:
- develop electronic
democratic participation systems (for example e-voting, participatory
budgeting, municipality council platforms for online video conferences)
and take advantage of new information and communication technologies,
including new social media, in order to enhance the political participation of
young people;
- promote the participation in democratic processes of young
people from disadvantaged groups (such as people with disabilities,
the socially excluded or minority and migrant communities);
- enhance democratic governance in schools, which should
offer students practical experience of participation from an early
age and throughout their years in education;
- create opportunities for dialogue between youth non-governmental
organisations (NGOs) and public authorities;
- improve the visibility of migrant communities’ contribution
to social development and political life, and support inclusion
through targeted mentorship programmes, which should include volunteers
from local society, organising cultural and sport events with an
emphasis on cross-cultural access and participation;
- take into consideration the question of sexual orientation
and gender identity and the rights of youth in this area.
25. Young people’s active participation in political life is also
dependent on a positive attitude from political parties, which have
a crucial role in this respect. They should be encouraged to:
- develop better communication
of political programmes towards young people;
- support young people in standing for election to civil
society organisations, local authorities and national parliament,
and possibly establish quotas of young people on political party
lists, promoting also inclusion of young representatives from vulnerable
groups.
4.2 Specific action
aimed at ensuring effective access to fundamental human rights
26. In the design of their youth policies, member States
should pay more attention to different kinds of measures that may
have a significant impact on young people’s access to fundamental
rights. They have to explore concrete ways to remove the existing
barriers, to raise awareness, to create new opportunities and to provide
incentives and support. The few examples below could provide a starting
point for further reflection:
27. Remove barriers – Member
States should encourage and support the development of mobility
and exchanges among young people within the member States of the
Council of Europe and with neighbouring countries. They should consider
abolishing administrative barriers, such as travel visas, for youth
NGO representatives, making it easier for young people to participate
in international youth organisations. They should also launch support
programmes and mitigate financial barriers such as enrolment and
registration fees. Finally, they should provide free legal advice
and representation to young people with inadequate finance who seek
such services, in order to improve access to human rights protection
through litigation.
28. Raise awareness – Member
States should take a series of actions to raise awareness amongst
all stakeholders, including young people themselves, about access
to fundamental rights for young people. They should produce a set
of information documents accessible to young people on human rights
protection which is already provided by existing international legal
instruments (such as the United Nations Convention on the Rights
of the Child, the European Convention on Human Rights (ETS No. 5)
and the revised European Social Charter (ETS No. 163)). The existing
legal and monitoring tools of the Council of Europe could be used
to identify and better address violations of rights of particular
relevance to young people. The compilation of case law could be
made available in order to provide information about the status
of violations of young people’s rights and the extent to which they
are protected by existing legal tools.
29. Create opportunities – Youth
offices should be established and situated in schools and community
and tertiary education structures (which should provide a space
for them to be accessible in and out of teaching hours throughout
the year). They could be run on a voluntary basis by students and
serve as an open and flexible space, which will bring together teachers,
parents and children. They could allow students from different social
and ethnic groups to gain experience, including developing work-related
skills, and help link the local community and the minorities, NGOs
and cultural centres.
30. Provide incentives and support
– Supporting young people to become active citizens is
a central element of youth policy. The Council of Europe member
States should provide political and financial support to youth organisations
and other non-formal education providers, and promote sustainable
co-operation between formal and non-formal education. It is important
to ensure long-term sustainable funding for youth organisations
and to guarantee transparency in the financing of youth projects.
4.3 Council of Europe
support to enhance national youth policies
31. Member States efforts should be encouraged and accompanied
by stronger Council of Europe action in this area. Among the initiatives
to be taken, the following should be considered as priorities.
32. The Joint Council on Youth, in co-operation with other sectors
of the Council of Europe, could conduct a thorough study on young
people’s access to rights and to identify difficulties and good
practice in this area, taking into account the work undertaken in
the framework of the Council of Europe Strategy for the Rights of the
Child (2012-2015) and the United Nations Convention on the Rights
of the Child.
33. Existing platforms (such as the North-South Centre) should
be used to promote, facilitate and improve co-operation between
educational institutions and NGOs from the European Union/European
Economic Area (EU27/EEA) and other member States of the Council
of Europe and neighbouring countries, including southern Mediterranean
countries.
34. A new project should be initiated to develop transversal policies
aimed at supporting the effective exercise of social and economic
rights by young people, in line with the results of the 2nd Council
of Europe Conference of Ministers responsible for Social Cohesion
“Building a secure future for all”, held on 11 and12 October 2012
in Istanbul.
35. Work with the youth sector should be intensified and the European
youth centres and the European Youth Foundation could be further
supported to promote young people’s access to fundamental rights. Consideration
should also be given to the way in which the co-decision procedure,
which the Council of Europe applies, could be implemented at national
level, for example in schools and educational institutions.
36. The Council of Europe should consider the appointment of an
ombudsperson at European level to ensure that the rights of young
people are respected and protected.
37. Last but not least, there is a need to consider further the
drafting and adoption of a binding instrument, such as a framework
convention, which should better recognise and guarantee young people’s
access to fundamental rights. As a preparatory step, the Committee
of Ministers should instruct the European Steering Committee for
Youth, the Advisory Council on Youth, the Steering Committee for
Education Policy and Practice, as well as other relevant committees,
to draft a recommendation, which should bring together and complete
the
acquis of previous Committee
of Ministers’ recommendations, also building on:
- the text adopted by the Youth
Assembly held in Strasbourg from 5 to 7 October 2012;
- key proposals put forward by government and youth sector
representatives at the Conference of Ministers responsible for Youth
held in St Petersburg from 24 to 25 September 2012;
- relevant resolutions and recommendations of the Assembly.
5 Conclusions
38. The rise in youth unemployment and the difficulty
for young people, particularly those from socially disadvantaged
groups, to access education,
health care and housing are amongst the stark examples of European
societies’ incapacity to meet the needs of young people and secure
their rights, which are also severely threatened by a tendency of
public policies to charge future generations with the weight of
a growing public debt.
39. At the Youth Assembly held in Strasbourg from 5 to 7 October
2012, youth representatives from all over Europe echoed the discontent
but also the hope of young Europeans; their recommendations should
be considered a benchmark for current youth policies and an important
starting point for closer and more constructive dialogue between
national decision-makers and young people. The Assembly itself has
recently put forward concrete proposals on how to enhance youth
policies in its
Recommendation
1978 (2011) “Towards a European framework convention on youth rights”
and in its
Resolution
1885 (2012) and
Recommendation
2002 (2012) “The young generation sacrificed: social, economic and
political implications of the financial crisis”.
40. On this basis, we, as parliamentarians, should urge Council
of Europe member States to develop coherent national strategies
designed to secure young people’s access to fundamental rights;
these rights are interdependent and demand a holistic approach in
policy design to ensure their implementation. To streamline such
strategies and policies, member States should set as a priority
goal to empower young people and ensure their capacity to build
their own identity and be active stakeholders in the political,
social and economic life of our societies.
41. Member States should assume proactively their duty to guarantee
the condition for young people to fully develop their potential,
to implement effectively young people’s social and economic rights,
and to promote real opportunities for vulnerable young people (disadvantaged
and/or minority groups) to get involved in social and political
life.
42. To this aim, member States should take action, seeking to
achieve concrete, visible results in terms of youth empowerment
through measures intended to raise awareness of youth rights, remove
existing legal and administrative barriers to the enjoyment of such
rights, create new opportunities for young people to contribute to
the life of our societies and to build our common future, and provide
tailored incentives and support to young people’s initiatives which
are aimed at strengthening their role within our societies.
43. The Council of Europe has a key role in supporting this process
and the aim of the draft recommendation is to urge the Committee
of Ministers to take immediate action in this direction. In addition,
the Assembly should promote genuine intergenerational dialogue and
direct participation of youth in its work. To this end, it would be
important to invite systematically the representatives of the Advisory
Council on Youth to the meetings of the Assembly committee and sub-committee
responsible for youth. Other committees with responsibility for relevant
policy areas should also consider inviting participants from the
Advisory Council on Youth to attend and participate in their meetings.
