Annex EN.pdf

ANNEX

FURTHER INFORMATION ON FUNDAMENTAL RIGHTS PROTECTION MECHANISMS

The EU Agency for Fundamental Rights (FRA) provides independent, evidence-based assistance and
expertise on fundamental rights to EU institutions and Member States. FRA’s mandate does not give it
the authority to deal with individual cases or complaints. Nor does it have the authority to monitor EU
Member States for the purposes of determining the existence of human rights violations.

Information on other bodies that may be able to help you, or procedures that may be open to you, can
be found in this document.

For a comprehensive list of EU and International bodies to lodge a complaint, please visit the following
link:  https://beta.e-justice.europa.eu/35915/EN/other_eu_and_international_complaint_bodies

General queries about EU matters may be directed to the Europe Direct response service by calling the
toll-free number 00 800 6 7 8 9 10 11, from anywhere in the EU, or through their website:
http://ec.europa.eu/europedirect/


NATIONAL COMPLAINTS MECHANISMS

Where possible you should always begin your complaint at the national level. Your EU Member State has
set up bodies specialised to give information on non-discrimination and/or fundamental rights issues. It
may be possible that this body has the power to decide on individual complaints, but you should check
this with the body itself.

To find the right organization at your EU Member State to help you with your fundamental rights
problem, please visit the following link:

https://fra.europa.eu/en/about-fundamental-rights/where-to-turn

Other associations or organisations probably also exist at the national level that can offer you further
support and information on making a complaint. Information on these should be available at the
national level. In particular you should be aware that the following might exist:

•  Local advice or legal support agencies, facilitating access for victims of rights violations to the
legal system;
•  Trade unions or professional associations, representing the interests and well-being of their
members;
•  Confidential ‘helplines’, advising individuals how to take action;
•  Non-Governmental Organisations, giving out information and supporting court cases or
complaints on behalf of those alleging violations of their rights.

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NON-GOVERNMENTAL ORGANISATIONS

There are many NGOs operating at the national and European level. While most NGOs do not deal
directly with individual complaints they are a valuable source of information and contacts for those
experiencing discrimination on different grounds, or other alleged violations of fundamental rights. If
you are searching for an NGO working on an area relevant to you a useful starting point is the
Commission-funded Platform of European Social NGOs (Social Platform). The Social Platform represents
NGOs covering a wide range of social issues at the local, regional, national, and EU levels. Below are
examples of NGOs dealing with different types of discrimination:

•  Issues related to ageism are tackled by AGE (European Older People’s Platform) -
http://www.age-platform.eu/

•  Discrimination on the grounds of sexual orientation, gender identity, gender expression and sex
characteristics is addressed by ILGA Europe (International Lesbian and Gay Association) –
https://www.ilga-europe.org/

•  ENAR (European Network Against Racism) deals with racism and xenophobia –
https://www.enar-eu.org/

•  EDF (European Disability Forum) advocates for the rights of the disabled –
http://www.edf-feph.org/

•  European Women’s Lobby dealing with discrimination against women -
http://www.womenlobby.org/

In addition to the NGOs mentioned above the Social Platform lists NGO members covering other themes
such as children’s rights, access to health care and education. A list of their members and the issues they
cover can be found on their web page: http://www.socialplatform.org/. If you find an NGO that deals
with the issue that relates to your complaint, you may be able to access information on their website
that lists who their members are in your Member State.

COMPLAINTS MECHANISMS AT THE EU

Where you feel that your rights have been infringed by a Member State or by the E.U. institutions you
wish to contact one of the following bodies. Note that these web pages may appear initially in English.
However, there is usually an option on the page to choose a different language.

•  The European Parliament’s Committee on Petitions:
https://petiport.secure.europarl.europa.eu/petitions/en/home

This is available to EU citizens and those people resident in an EU Member State. You may make a
complaint that is related to an issue of EU interest or responsibility.

•  The European Ombudsman:
https://www.ombudsman.europa.eu/en/home

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This is available to EU citizens and those people resident in an EU Member State. You may make a
complaint relating to poor or bad administration by a body of the EU.

•  The European Commission:
https://ec.europa.eu/info/about-european-commission/contact/problems-and-
complaints/complaints-about-breaches-eu-law/how-make-complaint-eu-level_en

Complaint form: https://ec.europa.eu/assets/sg/report-a-breach/complaints_en/

This is available to anyone who wishes to complain to the Commission that a member State has
failed to comply with EU law.

EUROPEAN AND INTERNATIONAL HUMAN RIGHTS ORGANISATIONS

You may also wish to consult the web pages of the Council of Europe or the United Nations. Some of the
bodies listed below have power to deal with individual complaints, while others may be able to offer you
with information. More details are available through the web links. Do note that for some of these
bodies you will need to satisfy certain requirements before they are able to deal with a complaint; in
particular the European Court of Human Rights and the UN’s treaty bodies. The most significant of these
is the obligation to attempt to resolve your complaint through mechanisms available at the national
level.

Council of Europe bodies

European Court of Human Rights:
http://www.echr.coe.int/Pages/home.aspx?p=applicants&c= (English)
http://www.echr.coe.int/Pages/home.aspx?p=applicants&c=fre (french)

European Social Charter and the Committee of Social Rights:
http://www.coe.int/t/dghl/monitoring/socialcharter/default_EN.asp  (English)
http://www.coe.int/t/dghl/monitoring/socialcharter/default_FR.asp (French)

Commissioner for Human Rights:
http://www.coe.int/t/commissioner/ (English)
http://www.coe.int/t/commissioner/default_FR.asp (French)

Framework Convention for the Protection of National Minorities and the Advisory Committee:
http://www.coe.int/t/dghl/monitoring/minorities/default_en.asp (English)
http://www.coe.int/t/dghl/monitoring/minorities/default_FR.asp (French)

European Committee for the Prevention of Torture:
http://www.cpt.coe.int/en/default.htm (English)
http://www.cpt.coe.int/fr/default.htm (French)

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United Nations & international human rights treaty bodies

The United Nations has two distinct avenues for individual complaints. The Human Rights Council (which
replaced the Commission on Human Rights in 2006) operates ‘special procedures’ allowing an individual
to make a complaint to an independent expert holding a mandate either in a relevant theme or relating
to a particular State. The ‘special procedures’ are available to individuals anywhere in the world in
relation to any State, as long as their complaint falls within an established mandate. Information on how
to access this procedure may be found via:

https://spsubmission.ohchr.org/en

In addition to the ‘special procedures’ a State that is party to a given UN-sponsored human rights treaty
is subject to supervision by the relevant monitoring body. Several treaties provide the possibility of
making an individual complaint, as long as the State has given its prior consent. Information on making a
complaint to the treaty-bodies may be found via:

https://www.ohchr.org/EN/HRBodies/TBPetitions/Pages/HRTBPetitions.aspx

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