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A. Draft
resolution
(open)
Report | Doc. 13661 | 07 January 2015
Equality and the crisis
Committee on Equality and Non-Discrimination
Summary
The economic crisis has hit the majority of Council of Europe member States with consequences reaching beyond the economic sphere, such as higher unemployment, greater poverty, widening income gaps, rising discrimination and intolerance, social tensions and increasing support for populist political parties and movements. Austerity measures have been the main response to the crisis. They have undoubtedly had a negative impact on the enjoyment of human rights and equality and have affected disproportionately vulnerable categories of people, including women, young people, people with disabilities, older people and migrants.
Human rights standards include a positive obligation for States to identify potentially vulnerable groups and take into account their vulnerabilities when formulating policies. They imply that budgetary cuts should not be blind to human rights and equality. In this regard, human rights and equality impact assessments are essential in order to take informed decisions and mitigate, as far as possible, the impact of austerity measures on vulnerable categories of people.
The Parliamentary Assembly should call on member States to invest in equality as a way of tackling the crisis, to facilitate increased co-operation with social partners and organise regular consultations with representatives of national human rights institutions, social partners and civil society to discuss a co-ordinated approach to the economic crisis and to carry out human rights and equality impact assessments. The Assembly should also ask national parliaments to scrupulously exercise parliamentary oversight over governmental responses to the economic crisis.
A. Draft
resolution 
(open)1. The economic crisis has hit the majority of Council
of Europe member States with a long-term impact on the population
going beyond the economic sphere. The crisis has resulted in higher
unemployment, undermined social cohesion, greater poverty, rising
inequalities and income gaps, increasing discrimination and intolerance,
social tensions and rising support for populist political parties
and movements.
2. Austerity measures have been one of the main responses to
the crisis. The Parliamentary Assembly is deeply concerned that,
by undermining equal opportunities and cutting funding for social
programmes and equality bodies, the economic crisis and austerity
measures have had a negative impact on the enjoyment of human rights
and equality, affecting disproportionately vulnerable categories
of people, including women, young people, people with disabilities,
older people and migrants.
3. The economic crisis has also diminished the level of trust
in the political system and the spirit of solidarity in society.
When exercising their role of democratic scrutiny, parliaments should
assess the human rights impact of measures proposed by governments.
4. A responsible response to the economic crisis should take
into account its potential impact on the population with a long-term
perspective and cannot take the form of short-term measures only.
Budgetary cuts should not be blind to human rights and equality.
In this respect, human rights and equality impact assessments are
essential in order to take informed decisions and mitigate, as far
as possible, the impact of austerity measures on vulnerable categories
of people.
5. Maintaining a high level of social protection and combating
inequalities can contribute to stimulating growth and to reducing
poverty in the long term. Positive measures protecting vulnerable
categories of people and their participation in society should be
preserved as far as possible so as to guarantee social protection floors
and social cohesion and to prevent a backlash against social rights.
The Assembly is convinced that social justice is beneficial in the
long term, both economically and socially. By ensuring accountability
of decision-makers, investing in equality and working for inclusion
and a participatory approach, one can contribute to promoting a
vision of society based on solidarity and respect for human rights.
6. Human rights standards include a positive obligation for States
to identify groups at risk and take into account their vulnerabilities
when formulating policies. In this regard, the European Social Charter
(revised) (ETS No. 163) is a key instrument for the protection of
social rights, including in times of economic crisis. The Assembly
welcomes the ratification of the European Social Charter (revised)
by 33 member States and hopes they will be followed by others as
soon as possible.
7. In the light of these considerations, the Assembly calls on
the member States to:
7.1. invest
in equality as a way of tackling the crisis and take measures to
mitigate the impact of the economic crisis on the most vulnerable
categories of people;
7.2. carry out human rights and equality impact assessments
in co-operation with national human rights institutions and take
into account a long-term perspective when developing economic and
social policy responses to the economic crisis;
7.3. facilitate increased co-operation with social partners
and organise regular consultations with representatives of national
human rights institutions, social partners and civil society to
discuss a co-ordinated approach to the economic crisis and in order
to adjust policies according to needs;
7.4. set up, when relevant, structures on the model of the
Icelandic Welfare Watch in order to ensure dialogue and tackle the
disproportionate impact and the cumulative effects of the crisis
and of austerity measures on vulnerable categories of people;
7.5. promote and encourage the participation of vulnerable
categories of people in recovery planning;
7.6. step up efforts to combat gender-based discrimination
on the labour market, including maternity discrimination;
7.7. ensure adequate funding to assistance and protection services
for victims of domestic or sexual violence;
7.8. give more attention to and invest in combating youth unemployment
and social exclusion of young people;
7.9. adopt policies that guarantee the rights of people with
disabilities and allow them to live independently and enjoy full
inclusion in society;
7.10. ensure that older people can live in dignity by guaranteeing
a minimum income, promoting social inclusion and combating abuse
and discrimination;
7.11. step up efforts to combat the rise of racism and xenophobia
and condemn hate speech, irrespective of the economic context;
7.12. ensure adequate funding for national human rights institutions
allowing them to carry out their mandate;
8. The Assembly calls on the parliaments of member States to:
8.1. initiate without delay the process
of ratification of the European Social Charter (revised), if they have
not yet done so, and to ensure its implementation, including the
collective complaints procedure;
8.2. exercise parliamentary oversight over governmental responses
to the economic crisis, asking for the conduct of human rights and
equality impact assessments, when this is not yet the case;
8.3. organise parliamentary debates on the impact of the economic
crisis on the most vulnerable categories of people;
8.4. ensure legislative follow-up to decisions of the European
Committee of Social Rights;
8.5. increase co-operation with national human rights institutions
and social partners, involving them in the design of measures to
counter the economic crisis, and to increase dialogue with non-governmental
organisations on the response to the economic crisis.
9. The Assembly encourages non-governmental organisations active
in this sector to continue advocating social dialogue and to pursue
their awareness-raising activities with regard to the promotion
and protection of human rights, including economic and social rights,
and the impact of the economic crisis on the most vulnerable categories
of people.
B. Explanatory memorandum by Mr Villumsen, rapporteur
(open)1. Introduction
1. Higher unemployment, greater poverty, widening income
gaps, rising discrimination and intolerance, social tensions, increasing
support for populist political parties and movements: the economic
crisis has hit the vast majority of Council of Europe member States
with great virulence, with consequences reaching well beyond the
economic sphere. Austerity measures translating into drastic budgetary
cuts have been the most immediate response. But are they a solution
or, rather, do they contribute to aggravating the situation? Will Europe
emerge from this crisis completely changed or will it remain faithful
to its values of solidarity, equality and dignity for all?
2. These questions are very much at the heart of the Council
of Europe’s concerns. Social rights should not be a luxury which
is only available in times of plenty: they are human rights which
are enshrined in a number of legally binding instruments. Besides,
the response to the crisis risks undermining not only the social
model that many States have built over decades but also their democratic
foundations, marginalising some groups, further disaffecting people
from politics and weakening bodies that contribute to the oversight
of democratic governance.
3. These questions should also be at the heart of our preoccupations
as members of national parliaments. As Mr Espen Barth Eide, former
Norwegian Minister for Foreign Affairs, said, “the crisis is about
much more than economic numbers and issues. It is about individuals
and the real social drama they live through every day”. A responsible response to the crisis
cannot only aim at adjusting economic indicators in a short-term perspective:
it must also take into consideration the consequences on people
and be consistent with our vision of society in the long term, once
the crisis is over.
A responsible response to the crisis
cannot only aim at adjusting economic indicators in a short-term perspective:
it must also take into consideration the consequences on people
and be consistent with our vision of society in the long term, once
the crisis is over. 4. I am certainly not the first one to ring an alarm bell: the
policies that governments throughout Europe have been introducing
in response to the crisis have been the subject of heated debate
at national level. In some of the European Union member States that
have been the most seriously affected, this debate has also turned
into an open criticism of the role of the European Union and of
some other European Union member States, who have been accused of
pushing for draconian measures regardless of the impact on people.
Similar criticism has been levelled against the International Monetary
Fund (IMF) which is part of the so-called Troika.
5. A number of prominent personalities, including the Council
of Europe Commissioner for Human Rights, Mr Nils Muižnieks, and the former United Nations High
Commissioner for Human Rights, Ms Navenethem Pillay, have underlined that the costs
of the crisis have not been borne by those who were primarily responsible
for it but have been foisted upon those least able to absorb them.
and the former United Nations High
Commissioner for Human Rights, Ms Navenethem Pillay, have underlined that the costs
of the crisis have not been borne by those who were primarily responsible
for it but have been foisted upon those least able to absorb them.6. In this report, I shall analyse the impact of the crisis and
austerity measures on specific groups which are very much in the
focus of the attention of the Committee on Equality and Non-Discrimination:
women, people with disabilities and older people. I shall also address
the situation of young people, whose inclusion and participation
in society in all its spheres is essential with a view to establishing
solid foundations for tomorrow’s democracies. I shall also mention
the impact of the crisis on society in general, in particular as regards
the upsurge of acts of intolerance, hatred and racism.
7. This report includes information and considerations that I
gathered during three fact-finding visits, respectively to Portugal
(17-18 March 2014), Iceland (4-5 June 2014) and Greece (15-16 September
2014). I would like to take this opportunity to thank the delegations
of Portugal, Iceland and Greece to the Parliamentary Assembly for
their support and excellent co-operation during the fact-finding
visits. The report also draws from exchanges of views that the committee
held respectively with Mr Des Hogan, Acting Chief Executive Officer
of the Irish Human Rights and Equality Commission (28 January 2014),
Mr Nils Muižnieks, Council of Europe Commissioner for Human Rights,
Mr Alejandro Cercas, member of
the European Parliament (23 June 2014) and Mr Luis Jimena Quesada,
President of the European Committee of Social Rights (8 September
2014). I held a bilateral meeting with Mr Paulo Pinheiro, Chair
of the Council of Europe Advisory Council on Youth (24 June 2014)
and attended the high-level conference on the European Social Charter
“Europe restarts in Turin” (16-17 October 2014).
member of
the European Parliament (23 June 2014) and Mr Luis Jimena Quesada,
President of the European Committee of Social Rights (8 September
2014). I held a bilateral meeting with Mr Paulo Pinheiro, Chair
of the Council of Europe Advisory Council on Youth (24 June 2014)
and attended the high-level conference on the European Social Charter
“Europe restarts in Turin” (16-17 October 2014).2. Human rights and the crisis
8. “Human rights law standards place a positive obligation
on States to identify at-risk groups and to formulate economic and
other policies to take into account their vulnerabilities and to
mitigate the impact of governmental decisions. States can do this
by implementing the principles of non-discrimination, equality, transparency,
participation and accountability, taking into account in particular
the needs of at-risk groups.”
9. The European Social Charter (revised) (ETS No. 163) is a key
instrument when looking at equality and the crisis since it establishes
key principles for the protection of human rights, with a focus
on economic and social rights, and the non-regression of social
security (article 12.3). On the
occasion of the release of the annual report of the European Committee
of Social Rights on 29 January 2014, the Secretary General of the Council
of Europe stressed that “the crisis and austerity should not allow
us to accept to sacrifice the more vulnerable” and called for a
better protection of rights in times of austerity. The European Committee of Social Rights
identified 180 violations of the European Social Charter provisions
on access to health and social protection across 38 European countries and stated that several anti-crisis
laws implemented in Council of Europe member States were in contradiction
with the Charter. These included the legislation reforming the labour
market in Greece in 2012, which could lead to discrimination on
the grounds of age for workers under 25, and legislation with regard
to pension cuts.
On the
occasion of the release of the annual report of the European Committee
of Social Rights on 29 January 2014, the Secretary General of the Council
of Europe stressed that “the crisis and austerity should not allow
us to accept to sacrifice the more vulnerable” and called for a
better protection of rights in times of austerity. The European Committee of Social Rights
identified 180 violations of the European Social Charter provisions
on access to health and social protection across 38 European countries and stated that several anti-crisis
laws implemented in Council of Europe member States were in contradiction
with the Charter. These included the legislation reforming the labour
market in Greece in 2012, which could lead to discrimination on
the grounds of age for workers under 25, and legislation with regard
to pension cuts.10. Mr Jimena Quesada, President of the European Committee of
Social Rights, stressed the importance of the principle of non-discrimination
in the European Social Charter and the fact that the European Committee of
Social Rights was working to ensure the respect of equality including
in a context of economic crisis. In addition, the economic crisis
could also be at the origin of some discrimination with regard to
changes in the distribution of financial resources for social benefits.
11. According to the United Nations International Covenant on
Economic, Social and Cultural Rights, States Parties have an obligation
to improve universal access to goods and services, such as health
care, education, housing and social security, and to ensure just
and favourable conditions of work without discrimination. I can only
welcome initiatives such as the letter sent by the Chairperson of
the United Nations Committee on Economic and Social Rights to all
States Parties to the Covenant in 2012 in order to remind them to
avoid taking decisions which might lead to violations of economic,
social and cultural rights.
12. National legal instruments, such as national Constitutions,
are of major importance for human rights protection since they recognise
civil, political, economic and social rights. The economic crisis
should not be seen as an opportunity to undermine acquired social
rights. As stressed by Mr De Sousa Ribeiro, President of the Portuguese
Constitutional Court, “the crisis did not suspend the Constitution
and the obligations of the State. Any decrease in protection needs
a justification”.
13. Respect for human rights has been eroded by a trend of rising
inequalities in Europe which started already before the economic
crisis. According to the Organisation for Economic Co-operation
and Development (OECD), the poorest 10% of the population have an
income that is on average nine times lower than the richest 10%
of the population in OECD countries. This ratio reaches 1 to 10
in Italy and the United Kingdom, 1 to 14 in Turkey and is lower
than 1 to 9 in European Nordic countries.
14. It is recognised that a high level of inequalities is detrimental
to the economy. According to the IMF, “there is growing evidence
that high income inequality can be detrimental to achieving macroeconomic
stability and growth”.
15. In some countries, austerity policies have contributed to
increasing the level of inequalities, by widening the gap between
the richest part of the population and the poorest. According to
Professor Joseph Stiglitz, Nobel Laureate in Economics and former
Chief Economist at the World Bank, “[a]usterity leads the economy to
perform more poorly. It leads to more unemployment, lower wages
and more inequality. There is no instance of a large economy getting
to growth through austerity”.
16. The International Labour Organization (ILO) devoted one of
its recent reports to economic recovery and social justice and stressed
that “the achievements of the European social model, which dramatically
reduced poverty and promoted prosperity in the period following
the Second World War, have been eroded by short-term adjustment
reforms”. Sylvie Goulard, member of the European
Parliament, highlighted at the conference in Turin that economic
problems were cyclical and should therefore not lead to irreversible
changes in social legislation.
Sylvie Goulard, member of the European
Parliament, highlighted at the conference in Turin that economic
problems were cyclical and should therefore not lead to irreversible
changes in social legislation.17. In the course of my work, the question of the responsibility
of the Troika for austerity measures and their impact on the population
in countries under an adjustment programme came up on numerous occasions. Troika
representatives in Lisbon told me during our meeting that the Troika
did not have a mandate to impose specific expenditure cuts and left
the responsibility to the governments to choose where to make cuts.
The budgetary cuts therefore corresponded to political choices.
Governments, on the other hand, tend to put the responsibility of
cuts on the Troika. In my opinion, we should start talking about
a shared responsibility, instead of referring to sole responsibility.
The European Parliament adopted two resolutions on 13 March 2014 criticising the
lack of democratic accountability of the Troika and called for the
creation of a European financial monitoring mechanism to assist
countries in debt. This mechanism should be held accountable for
its actions. Mr Alejandro Cercas, one of the rapporteurs, stressed
that austerity measures presented a threat for the fundamental values
and principles of the European Union. He reiterated the importance
of the European Social Charter and regretted that fundamental rights
were left aside when deciding on how to tackle the crisis. According
to him, measures proposed by the Troika were in contradiction with
Article 9 of the Treaty on the European Union.
on 13 March 2014 criticising the
lack of democratic accountability of the Troika and called for the
creation of a European financial monitoring mechanism to assist
countries in debt. This mechanism should be held accountable for
its actions. Mr Alejandro Cercas, one of the rapporteurs, stressed
that austerity measures presented a threat for the fundamental values
and principles of the European Union. He reiterated the importance
of the European Social Charter and regretted that fundamental rights
were left aside when deciding on how to tackle the crisis. According
to him, measures proposed by the Troika were in contradiction with
Article 9 of the Treaty on the European Union. 18. I would like to stress the importance of including a chapter
on social assistance in future assistance programmes in order to
help preserve social services. The link between equality and growth
should also be clearly presented and supported in the design and
implementation of such programmes. In the specific case of Greece,
the government and international organisations had underestimated
difficulties with regard to the reform of institutions, such as
the tax collection system. Anticipated inflows of privatisation
were also over-optimistic. During my fact-finding visit, several
interlocutors deplored the lack of social dialogue and the fact that
there had not been an equal distribution of the burden of the economic
crisis, while at the same time showing understanding for the measures
taken considering the extent and gravity of the economic crisis.
19. Increasing poverty and reduced support from the State can
create the feeling of being further marginalised in society, which
can affect overall social cohesion. Downsizing the welfare State
coupled with rising inequalities can create social tensions. Income
inequality also has an impact on political engagement and participation.
Research shows that in countries with higher income inequality,
the poor tend to be less politically involved, which means that
their interests would be less represented. This could contribute to creating
public discontent.
This could contribute to creating
public discontent.20. In the report on “Social exclusion – a danger for Europe’s
democracies”, Mr Mike Hancock, rapporteur of the Assembly’s Committee
on Social Affairs, Health and Sustainable Development, stressed
that social exclusion was affecting democratic participation and
presented a means of action to combat effectively social exclusion
and foster participation, including for those at risk of exclusion
and groups in need of special support.
21. Austerity measures are often presented as the lesser of two
evils and the only possible way to come out of the crisis. But in
my opinion, there is no one single way to craft them and it is not
a foregone outcome that they should eat into the welfare State.
Consultations between government and civil society representatives
are essential for an articulated approach to the economic crisis
taking into account different needs.
|
A case study: Iceland While there is still a high level of poverty in Iceland, several initiatives adopted in response to the economic crisis are widely recognised as best practice, such as Welfare Watch and an increased co-operation between social partners. Welfare Watch gathered together about 40 government and civil society representatives. The group focused mainly on young people, people with disabilities and women, and worked on some issues which were considered previously as taboo or marginal (for example violence against women, including women with disabilities). Welfare Watch came up with suggestions for improvement and monitored the impact of the economic crisis on these groups. It was considered a good practice since it institutionalised dialogue at a difficult time, allowed for better co-operation, shortened communication channels and put the focus on vulnerable categories of people, with a collective approach to the problems. The setting up of structures such as Welfare Watch should be encouraged whenever possible and can contribute to tackling the disproportionate impact and the cumulative effects of the crisis and of austerity measures on vulnerable categories of people. The institution of the Debtor’s ombudsman, which was established as a direct response to the economic crisis in Iceland, in order to help out people who could no longer deal with their debts after a high increase of their loans. It is an institution under the Ministry of Welfare with lawyers rendering assistance free of charge to individuals with serious payment difficulties and acting as an intermediary with creditors, guided by debtors’ interests. The Debtor’s ombudsman stressed the importance of looking at the economic crisis with a sense of community, which appears to me as a fundamental principle for the continuation of a harmonious living together, including in times of economic crisis. |
3. Women
22. The economic crisis has had an impact on women in
different ways and has been felt more in some countries than in
others. This impact has been mostly negative, although on rare occasions
has provided women with opportunities which might not have existed
otherwise, but whose lasting effects remain uncertain.
3.1. Increasing precariousness and insecurity for women on the labour market
23. Men appeared more affected by the crisis in its initial
stages in 2008. The recession was then called a “he-cession”, but
it rapidly became a “she-cession”, with consequences on the access
of women to employment and their working conditions if already in
employment.
24. The evidence presented by Ms Nursuna Memecan in her report
in 2010 is still of relevance four years later. She had expressed concern with regard
to the differentiated impact of the economic crisis on women compared
to men and called for measures to facilitate women’s access to decision-making
positions in finance, the economy and in politics as a way to combat
the disproportionate impact of the crisis on women.
She had expressed concern with regard
to the differentiated impact of the economic crisis on women compared
to men and called for measures to facilitate women’s access to decision-making
positions in finance, the economy and in politics as a way to combat
the disproportionate impact of the crisis on women.25. I would also like to make a reference to a resolution on the
impact of the economic crisis on gender equality and women's rights
adopted by the European Parliament on12 March 2013, which stresses
the fact that, “despite unemployment rates for men and women being
comparable, the crisis affects women differently; points out that
working conditions for women have become considerably more insecure,
especially with the increasing prevalence of atypical forms of contract,
and that women's incomes have fallen significantly thanks to a number
of factors, including the persistent wage gap (nearly 17%) between
men and women and the resultant inequality in their respective levels
of unemployment benefit, the rise in compulsory part-time working, and
the rise in the number of temporary or fixed-term jobs to the detriment
of more stable employment”.
26. According to Eurostat, women were historically more affected
by unemployment than men (below 8% for men and 10% for women in
2000). The unemployment rates nevertheless converged in 2009 and
male unemployment became higher in the EU 28 in the second quarter
of 2009. Eurostat reports that female and male unemployment rates
declined in the second half of 2013, reaching respectively 10.8%
and 10.6% at the end of the year in the European Union. Unemployment rates are today overall
about the same for women and men in the European Union, but important
differences remain from one country to another.
Unemployment rates are today overall
about the same for women and men in the European Union, but important
differences remain from one country to another. 27. Throughout the European Union, budgetary cuts in public sectors
are primarily affecting women who represent 69% of the workers in
this field and the majority of staff members in education and health
care.
28. The economic crisis has also an impact on the level of wages
due to pay freezes. While these concerned both women and men, they
kept or even increased the gender pay gap. There is also a rise
in unpaid work, such as caring for older members of the family or
for children, a rise in prices for childcare services having forced
some women give up their jobs. “People with care responsibilities
– mostly women – are forced to leave or reduce paid employment in
order to take over services that are no more provided by the State,
or that they can no more afford.”
29. The crisis is bringing changes in behaviour which can undermine
equality and women’s participation in the labour market. The European
Women’s Lobby reported on the impact of recession on women and noted increasing
“precariousness of work and working conditions particularly impacting
women, notably the dismissal of pregnant workers or workers on maternity
leave, and the conversion of long term contracts into short/fixed term
contracts, particularly when women return from maternity leave”. Women are at higher risk of discrimination
when in employment and when looking for a job. According to Stella
Kasdagli, co-founder of Women on Top, in Greece, women are at times
questioned about their intention to have a family when being interviewed.
Women are at higher risk of discrimination
when in employment and when looking for a job. According to Stella
Kasdagli, co-founder of Women on Top, in Greece, women are at times
questioned about their intention to have a family when being interviewed.30. The ILO reported that Estonia and Lithuania had reduced the
period of maternity and paternity leave as a consequence of the
economic crisis. The ILO also reported about an exacerbation of
maternity discrimination around the world in the context of crisis. “In Croatia and Italy there were
reports of the use of ‘blank resignations’ – undated resignation
letters that workers are forced to sign upon hiring. These are then
used to dismiss them if they become pregnant or are faced with a
long-term illness or family responsibilities.”
“In Croatia and Italy there were
reports of the use of ‘blank resignations’ – undated resignation
letters that workers are forced to sign upon hiring. These are then
used to dismiss them if they become pregnant or are faced with a
long-term illness or family responsibilities.” 31. In Greece, the Ombudsperson reported that women’s participation
in the labour market was affected by the economic crisis. As a direct
consequence of the crisis, some women got dismissed during or shortly
after their maternity leave or were obliged to work part-time.
32. The economic crisis can also impact on women’s decision to
have children. “Uncertainty concerning the next job causes young
women to delay maternity – which also shrinks the woman’s total
reproductive period.”
33. The European Commission has found that economic crises tend
to increase the risk that quality employment will decline. Employees
are more willing to accept deteriorating working conditions in order
to keep their job. The lack of job security can also
create tensions at work. There is increasing pressure to introduce work
flexibility, affecting more low-paid and precarious jobs, which
tend to be filled more by women and young people. After losing a
job, one is more likely to accept temporary or part-time contracts.
The lack of job security can also
create tensions at work. There is increasing pressure to introduce work
flexibility, affecting more low-paid and precarious jobs, which
tend to be filled more by women and young people. After losing a
job, one is more likely to accept temporary or part-time contracts.34. As an example, in Iceland, more women were asked to work fewer
hours a week. Before the economic crisis, 17% of women were working
part-time, while 35% are today working part-time (10% of men).
35. I would, however, like to mention that the economic crisis
can also have an unexpected positive effect with regard to the position
of women in society. As an example, I was surprised to find out
that women’s political participation had increased in Iceland. Several
interlocutors I met highlighted the fact that the economic crisis had
contributed to increasing the participation of women in politics,
since the blame for the crisis was first put on men and there was
a will for things to be managed in a different way.
36. The crisis can create opportunities to strengthen equality
where there is an understanding of the need to adapt to the situation
and a willingness to grasp an opportunity when it appears. I am
convinced that investing in equality can help tackle the crisis.
Women could also consider seeking employment in traditionally stereotypical
male strongholds. They are at times perceived as more reliable than
men and less associated with the root causes of the crisis. It is
interesting that many Portuguese women became the main source of support
for their families and became the head of the household, shifting
traditional gender roles in the family.
3.2. Violence against women
37. “When poverty enters from the door, love jumps out
the window” said Titina Pantazi, Chair of the Women’s Union of Greece,
referring to an old Greek saying. Economic dependency is often
the first obstacle to breaking the cycle of violence. Economic precariousness
can discourage victims from filing a complaint, afraid of not being
able to provide for their family if their relationship broke up.
The economic crisis has had an overall negative impact on women
victims of violence; they are more hesitant to leave their homes
or ask their partner to leave and are reluctant to file a complaint.
Economic dependency is often
the first obstacle to breaking the cycle of violence. Economic precariousness
can discourage victims from filing a complaint, afraid of not being
able to provide for their family if their relationship broke up.
The economic crisis has had an overall negative impact on women
victims of violence; they are more hesitant to leave their homes
or ask their partner to leave and are reluctant to file a complaint. 38. Fear of losing employment or of missing out on a potential
employment opportunity may make a person tolerate a climate of sexual
harassment.
39. The preservation of assistance and protection systems is essential
to the respect for women’s rights. Nevertheless, in addition to
an increase in cases of domestic violence, the economic crisis has
led to cuts in prevention and assistance programmes for victims
of violence. In the United Kingdom, funding has been cut at the
central and local level, putting at risk the financial stability
and the stability of non-governmental organisations (NGOs) providing
assistance services to victims of violence. As a consequence, the
number of beds available for victims has been reduced, some shelters
have had to close down or are at risk of closure. Cuts are also
affecting organisations providing legal aid to victims. Support
centres have also been closed in Greece and Spain. The National
Women’s Council of Ireland has had drastic budget reductions (38%
in 2012). The Irish Health Authority also withdrew core funding
to the Rape Crisis Network Ireland and NGOs reported a decrease
in private donations. Ms Rachida Manjoo, United Nations Special
Rapporteur on violence against women, its causes and consequences,
confirmed that austerity measures had had a disproportionate impact on
the availability and quality of services for women and girls victims
of violence.
40. There has been an increase in the number of reported cases
of domestic violence in Iceland, which social workers link to the
impact of awareness-raising campaigns by NGOs. The economic crisis
has acted there as a taboo lifter, bringing topics such as violence
against women and domestic violence to the public debate.
41. I was told during the fact-finding visit to Iceland that migrant
women experiencing domestic violence are also in a particularly
difficult situation; they are reluctant to leave the perpetrator
of violence when their residence permit depends on that of their
partner.
42. In Greece, I received information that women faced undeniably
more difficulties leaving violent situations and finding a job guaranteeing
their financial independence. A large-scale programme to prevent
and combat violence against women was launched with the support
of the European Commission in 2009. This programme made it possible
to open and run 15 counselling centres for victims throughout the
country. A national 24/7 hotline for victims of violence was set
up, offering counselling in English and Greek. There is nevertheless
no certainty with regard to the sustainability of this programme
after 2015 since it depends on an allocation of funding by the European
Commission.
43. In Portugal, the number of complaints made to the police was
27 318 in 2013, which represents an increase of 2.4% compared to
2012 (640 additional complaints).
44. Ms Teresa Morais, Portuguese State Secretary for Parliamentary
Affairs and for Equality, informed me that a part of the benefits
of the national lottery were used since 2012 to fund programmes
on preventing and combating violence against women, an initiative
which had helped to maintain the level of funding in the past few
years. I welcome the commitment of the Portuguese Government to
combating and preventing violence against women and domestic violence,
which did not decrease as a result of the crisis.
4. The long-term impact on youth
45. Youth unemployment has reached record heights in
Europe in recent years. According to Eurostat, five million young
people (under 25) were unemployed in the 28 member States of the
European Union in July 2014 (21,7%). Eurostat reports that the highest
youth unemployment rates were observed in Spain (53.8%), Greece
(53.1% in May 2014), Italy (42.9%) and Croatia (41.5% in the second
quarter 2014). Youth unemployment
has reached such a high level that we can qualify it as “chronic”.
It is detrimental to society as a whole and will have an effect
on the pension systems in the long term.
Eurostat reports that the highest
youth unemployment rates were observed in Spain (53.8%), Greece
(53.1% in May 2014), Italy (42.9%) and Croatia (41.5% in the second
quarter 2014). Youth unemployment
has reached such a high level that we can qualify it as “chronic”.
It is detrimental to society as a whole and will have an effect
on the pension systems in the long term. 46. Youth unemployment increasingly pushes young people, often
with a high level of education, to leave their country and look
for professional opportunities abroad. This important level of emigration
and brain drain might have a long-term impact and deprive countries
concerned of key resources and skills for their recovery.
This important level of emigration
and brain drain might have a long-term impact and deprive countries
concerned of key resources and skills for their recovery.47. According to the Greek Ministry of Labour, the youth unemployment
rate was already significant before the beginning of the economic
crisis, but its acute increase is leading many to emigrate.
48. Mr Paulo Pinheiro, Chair of the Advisory Council on Youth,
told me that the young European generation could be considered a
“sandwich generation”, suffering from the pressure of decisions
taken in the past and concerned about their impact on future generations.
The economic crisis affects them disproportionately and deprives
them of opportunities. He stressed that young people were in general
well-informed but did not wish to participate in the political system
since they did not identify themselves with it. They tend to live
with their parents until an advanced age and postpone the decision
to have a family, because they are not financially autonomous and
cannot afford to do otherwise. He also mentioned cases when they
accepted labour exploitation in order to keep their jobs. Matilda
Flemming, member of the Advisory Council on Youth, warned that “a
whole generation is facing a rise in poverty levels, health problems
and social exclusion as a result of the crisis … The increase in
youth unemployment is likely to have caused an increase in poverty
among young people in Europe. This can have an in-depth impact on
the societal fabric, as poverty hampers young people in achieving
their full potential and autonomy”.
49. The Council of Europe Commissioner for Human Rights in his
human rights comment “Youth human rights at risk during the crisis”
stressed that the crisis had had a negative impact not only on social
and economic rights of youth, but also on “their right to equal
treatment, their right to participation, their place in society
and more broadly in Europe. Due to chronic unemployment, many young
people are losing hope in the future of their countries, their faith
in the political elite and their belief in Europe”. We need to give more attention to
this phenomenon, which can have dramatic consequences for the democratic
Europe which we have built over the years. It is our responsibility
to ensure that we are not endangering Europe’s future by marginalising
youth.
We need to give more attention to
this phenomenon, which can have dramatic consequences for the democratic
Europe which we have built over the years. It is our responsibility
to ensure that we are not endangering Europe’s future by marginalising
youth. 5. People with disabilities
50. “We must make sure that the advances in rights for
people with disabilities are not jeopardised by public spending
cuts. Collectively the EU needs to ensure that people with disabilities
do not pay the price for the economic crisis in reduced support
and services”, stated Morten Kjærum, Director of the Fundamental
Rights Agency. Despite warnings of this kind, several
States decided to cut funds for social programmes which included
assistance programmes for people with disabilities.
Despite warnings of this kind, several
States decided to cut funds for social programmes which included
assistance programmes for people with disabilities.51. The economic crisis and austerity measures do not only affect
assistance programmes, but they also have an impact on the participation
of people with disabilities in society, their access to services
and to the labour market. The Commissioner for Human Rights found
that the participation of people with disabilities in the labour
market has decreased since the beginning of the economic crisis
in Europe.
52. De-institutionalisation of people with disabilities is a key
to their inclusion in society and a founding principle of the United
Nations Convention on the Rights of People with Disabilities. Cuts
in public and health-care services can unfortunately lead to their
re-institutionalisation, which appears less costly in the short
term, but represents a step backwards with regard to the inclusion
of people with disabilities in society. Re-institutionalisation
can however be more costly in the long term and having both systems
in parallel can also be very costly. According to Donata Vivanti,
Vice-President of the European Disability Forum, “budget cuts to social
policies hinder people with disabilities’ right to live independently”.
53. In Spain, the Commissioner for Human Rights raised concerns
with regard to budgetary cuts made to programmes aimed at the social
inclusion of people with disabilities and asked for an assessment
of their impact. He also called on the Spanish authorities to ensure
that mainstream schools are equipped to welcome children with disabilities.
54. In Iceland, there was a governmental policy to try to spare
the cuts to the services for people with disabilities. Some cuts
were nevertheless made and people with disabilities have had difficulties
in realising their right to an adequate standard of living according
to civil society representatives. Most of those living independently
are helped by a relative rather than by a professional assistant.
The Association of the Disabled in Iceland is funded by the lottery
and has had an increase in funding in the past few years.
55. In Greece, Mr Leonidas Grigorakos, Deputy Minister of Health,
confirmed that there had been a cut of 50% in the funding for his
Ministry, which resulted in the reorganisation of services in the
hospitals, cuts in staff, a higher level of controls of costs, the
reduction of some of the services provided to the population and
less investment in new infrastructure and equipment. Three million
people did not have access to primary health care in Greece.
56. Special attention was paid not to decrease the allowances
for people with disabilities and to the specific government welfare
fund, but there has been an increase in health-care costs, which
has resulted in a de facto decrease
in the resources available. Ms Pelagia Papanikolaou, researcher
on disability, stressed that people with disabilities faced difficulties
in accessing the labour market despite the adoption of a law obliging enterprises
with more than 50 staff members to employ a certain quota of people
with disabilities, provided that they have a positive balance by
the end of the year. The Greek National Human Rights Commission
indicated that funding had been cut for pilot de-institutionalisation
programmes allowing people with disabilities to live in adapted
flats.
57. In Denmark, the government made cuts in allowances for people
with disabilities and restricted access to them. In France too,
cuts were made on transportation services for people with disabilities.
Without this kind of service, they can be more at risk of isolation.
58. Programmes of assistance to people with disabilities are at
times presented as too costly and unnecessary in a time of crisis.
Too often, cuts in social benefits and care affect these people’s
participation in society and on the labour market and therefore
hinder their independent living. Positive
measures ensuring their participation in social life should not
be cut back since this would cost more in the long run.
Positive
measures ensuring their participation in social life should not
be cut back since this would cost more in the long run.59. With this report, I intend to call on member States to adopt
policies that will guarantee the rights of people with disabilities
and allow them to live independently and participate fully in society.
6. Older people
60. Older people also suffer from the economic crisis,
with cuts in pensions, increasing pauperisation, higher health-care
and long-term care costs and budgetary cuts on services providing
them with assistance. They often have to pay more from their own
budget for the same services they had before. A minimum income is
not always guaranteed and our society may leave older people marginalised
by the wayside.
61. Older workers are also becoming more vulnerable on the labour
market as a consequence of the economic crisis, with fewer opportunities
to find a job and a higher risk of social exclusion.
62. In several Council of Europe member States, delays in the
payment of pensions and decreases in the level of pensions have
affected the standard of living of older people.
63. Family support for older people is crucial in times of economic
crisis and family solidarity can be expressed in several ways. Pensions
are at times the only income or steady income for a family affected
by unemployment. In other families, the younger generations have
to support the pensioners due to a very low level of pension, which
does not allow them to live in dignity.
64. An increasing number of families have difficulties paying
for residential care, notably when one or two family members become
unemployed, and ask to withdraw their family member from these structures
in order to provide home care.
65. The Commissioner for Human Rights told us he had received
reports of a higher level of neglect of and violence against older
people as a consequence of the economic crisis.
66. The situation of older women also deserves specific attention,
since they have in some European countries a risk of poverty rate
which is almost double that of men. With lower wages, shorter careers
to take care of their children and often earlier retirement, older
women face an increasing risk of pauperisation.
With lower wages, shorter careers
to take care of their children and often earlier retirement, older
women face an increasing risk of pauperisation. 7. The economic crisis fuelling tensions and discrimination in Europe
67. The fear of the other and lack of confidence in the
authorities increase in times of crisis and often during electoral
campaigns when a need is felt to find a scapegoat responsible for
the situation. Xenophobic, hostile and discriminatory discourses
interact with this fear.
68. The United Nations Special Rapporteur on contemporary forms
of racism, racial discrimination, xenophobia and related intolerance
has repeatedly warned against the risks of a rise of racism and
xenophobia and increasing discrimination in times of economic crisis.
“In this context vulnerable groups including minorities, migrants,
refugees and asylum seekers have been labelled by extremist political
parties as a threat to the standard of living of the general population
and blamed for the rise in unemployment and the public debt.”
69. Hate speech by politicians and among the population not only
targets migrants and Roma, there have also been manifestations of
intolerance towards vulnerable categories of people such as people
with disabilities, women or older people. The exacerbation of tensions
during the crisis can also lead to an increase in violence. Caritas
Greece confirmed that there had been more attacks against migrants
and refugees as a result of the crisis. The
economic crisis and austerity can feed the rise of populist parties
which blame foreigners for the situation. “Social exclusion and
uncertain futures pave the way for populists who advocate national
self-sufficiency as a cure for all ills. The rise of the extreme
right in Europe should give us cause for concern.”
The
economic crisis and austerity can feed the rise of populist parties
which blame foreigners for the situation. “Social exclusion and
uncertain futures pave the way for populists who advocate national
self-sufficiency as a cure for all ills. The rise of the extreme
right in Europe should give us cause for concern.” 70. In Iceland, there is an unemployment rate of 13% within the
migrant population, which is above the average of the Icelandic
population. This can be explained by the economic sector in which
migrants mostly work – construction – which has had a slowdown in
the past few years. The lack of knowledge of the Icelandic language
and the lack of networks have been presented as the main reasons
for the lower level of participation of migrants in the labour market.
It is important to note that the Icelandic Government stopped offering
free Icelandic courses for migrants as a consequence of the economic
crisis.
71. In Portugal, many migrants were working in the construction
field, which was heavily impacted by the economic crisis from the
outset. One cannot talk about an increasing level of racism and
intolerance due to the economic crisis in Portugal. Nevertheless,
institutions providing support and assistance to migrants such as the
Office of the High Commissioner for Immigration and Intercultural
Dialogue experienced a decrease in funding which has impacted on
their activities. As a result, awareness-raising programmes on migrants’
rights and promoting tolerance have suffered drastic budgetary cuts.
I was nevertheless told by Ms Rosário Farmhouse, Portuguese High
Commissioner for Immigration, that there was a surplus of €316 million
in social contributions paid by migrants, which contributed to combating
prejudice. I believe that it would be important to raise awareness
of the positive contributions made by migrants to society in order
to effectively combat stereotyping and hate speech.
|
A case study: Greece In Greece, a rise in manifestations of racism and xenophobia was reported in the years following the beginning of the economic crisis. Representatives of the Greek Forum for Refugees stressed there had been an increase in hate speech against migrants and that the economic crisis had made them more vulnerable. The economic crisis did not reveal racism but contributed to bringing to parliament political forces which were anti-immigrant. Several interlocutors confirmed that there had been a shift in the attitude of the population and of law-enforcement services in the past months, following the murder of the musician Pavlos Fyssas by supporters of Golden Dawn in September 2013. The conviction of several Golden Dawn leaders for racist violence has shed light on the phenomenon and triggered a public debate on the issue. The representation of migrants in the media has also reportedly changed in the past few months. However, migrants still lack trust in the law-enforcement system and are hesitant to file complaints for racist incidents. |
72. In addition to an anti-migrant sentiment, I would
also like to express concern with regard to an increasing anti-Roma
sentiment in Europe. There is a feeling that funds aiming to ensure
participation of Roma and their inclusion in society should be used
for other purposes and even discriminate against the majority population. I cannot stress enough that there cannot
be social cohesion, a fundamental pillar of our democratic societies, without
efforts to include all groups to the extent possible.
I cannot stress enough that there cannot
be social cohesion, a fundamental pillar of our democratic societies, without
efforts to include all groups to the extent possible. 73. The crisis affects even more seriously those who are already
victims of multiple discrimination (migrant women, people with disabilities
with a migration background) and threatens their access to basic
services. Politicians should, whenever possible, contribute to promoting
tolerance and a peaceful living together by explaining the value
of the other and his/her contribution to society. It is our responsibility
as politicians to underline that racism is unacceptable, whatever
the economic context. I look forward to working further on this issue
with the No Hate Parliamentary Alliance.
8. Conclusions and recommendations
74. In the past few years, the economic crisis and austerity
measures have undoubtedly had a negative impact on the enjoyment
of human rights and equality, notably by undermining equal opportunities
and cutting funding for social programmes and equality bodies. These
measures have affected vulnerable categories of people disproportionately.
75. We now have enough elements to analyse the consequences of
the economic crisis and of austerity measures and reflect on what
could be improved in our response to the crisis so as to ensure
the protection of human rights and equality. By ensuring accountability,
investing in equality and working for inclusion and a participatory
approach, we can contribute to promoting a vision of society based
on solidarity and respect for human rights.
76. With this report, I intend to promote the concept of investing
in equality as a way of tackling the economic crisis. Political
attention should be given to preventing the dismantling of the welfare
State since the crisis can have an impact on the spirit of solidarity
in society. Mr Steingrímur Sigfússon, former Minister of Finance
of Iceland, stressed in his speech to the Parliamentary Assembly
on 26 June 2012 that welfare structures should be preserved in times
of crisis and that authorities should try to shelter the low-income
groups and the weakest in society. A society of every man for himself
can indeed be very costly in the long term and rebuilding a social State
in a post-crisis context can be very expensive and long.
77. In the long term, social justice can be beneficial both economically
and socially. Maintaining a high level of social protection and
combating inequalities can contribute to stimulating growth and
reducing poverty. Positive measures protecting vulnerable categories
of people and their participation in society should not be the first
ones cut but should, on the contrary, be preserved as far as possible
so as to guarantee social protection floors and social cohesion
and prevent a backlash against social rights. Solving the economic
crisis cannot be done with short-term measures and needs to be tackled
responsibly with a long-term perspective. Budgetary cuts should
not be blind to human rights and equality.
78. Human rights and equality impact assessments provide essential
data in order to take informed decisions and mitigate as far as
possible the impact on vulnerable categories of people. Austerity
measures should be taken following such assessment by the authorities,
and be conducted in co-operation with national human rights institutions
(NHRIs).
79. NHRIs can indeed play a key role and provide analysis and
advice on the protection of the rights of vulnerable categories
of people. I would encourage increasing our co-operation with NHRIs,
which can give advice on how to prevent a disproportionate impact
of the crisis on specific groups. I would like to warn against the
effects of cuts in NHRIs’ budgets because of the crisis, which would
affect their capacity to carry out their mandate.
80. Politicians have a responsibility to ensure that we go forward
with a Europe of people and a Europe of rights. Parliaments have
to play their role of democratic scrutiny in this regard and should
be on the front line to defend human rights, promote equality and
combat discrimination, even more so in a crisis and post-crisis context.
I would encourage parliamentarians to take a proactive approach
and not to hesitate to challenge their governments over the impact
of proposed measures to tackle the economic crisis, to ask for human
rights and equality impact assessments of austerity measures and
to organise parliamentary debates on the situation of the most vulnerable
categories of people.
81. The role of NGOs should also be mentioned. The IMF representative
I met in Lisbon recognised that “NGO activities and support to the
most vulnerable could only be complementary to the role of the State,
which in the typical European welfare State setting will always
be the first line of defence for taking care of the needs of the
most vulnerable people”. In my opinion, the voluntary sector can
play an important role but it cannot absolve the authorities of
their responsibilities nor be relied upon to mitigate the effects
of governmental policies.
82. Austerity can at times be necessary but not all austerity
measures are compatible with human rights standards and values.
According to Mr Jimena Quesada, budgetary cuts could be necessary
but they should be justified and assessed with regard to the risk
of discrimination and the vulnerability of the groups who would be
affected. Mr Angel Gurría, Secretary General of the OECD, stressed
that “where cuts are needed they must be done in a way that do not
undermine the prospects of the most vulnerable or compromise the
long-term well-being of children and young people”. If austerity measures continue to
be applied without any preliminary human rights, equality and social
impact assessment, they will inevitably undermine human rights standards.
If austerity measures continue to
be applied without any preliminary human rights, equality and social
impact assessment, they will inevitably undermine human rights standards. 83. The economic crisis has become a social crisis and may present
a long-term threat to equality and non-discrimination. In my view,
the crisis should not be used to justify an important decrease in
the levels of protection. It is therefore necessary to prioritise
resources for human rights and to ensure a non-retrogression of
rights, the indivisibility of human rights and the respect of minimum
core human rights obligations, in order to mitigate the effects
of the crisis for the most vulnerable categories of people. Our
response to the economic crisis reflects our vision of society,
our commitment to protecting equality and to ensuring respect for
people and their work.