How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?
There are no limits or constraints on the realization of civil rights.
10
Finland
Civil rights are widely respected and protected in Finland. The national legal and constitutional system guarantees the protection of civil rights to a great extent. The constitution safeguards personal liberty against state and non-state actors. It includes the right to life and security, a prohibition on torture and inhumane treatment or punishment, and the protection of privacy. It ensures equality before the law, equal access to justice and due process under the rule of law, such as the protection against arbitrary imprisonment without due process.
Finland was one of three countries that received the maximum aggregate score of 100 in the category of political rights and civil liberties in Freedom House’s 2019 Freedom in the World survey.
The country’s legal system provides for freedom of speech, which is also respected in practice. Furthermore, Finns enjoy full property rights and the freedom of religion, with the government officially recognizing many religious groups. The freedoms of association and assembly are respected in law and practice, while workers have the right to organize, bargain collectively and strike. In November 2014, after lengthy and contentious discussions, parliament voted to grant marriage rights to same-sex couples, and adoption-rights legislation for same-sex couples became effective in March 2017.
State actors demonstrate respect for civil rights and effectively safeguard them by identifying, prosecuting and punishing violations. Policies implemented by state institutions are relatively effective in preventing discrimination based on factors such as sex, gender identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views or religion.
Functioning as an autonomous and independent entity, the Nondiscrimination Ombudsman is dedicated to advancing equality, preventing discrimination and overseeing issues related to removal from the country (see the Nondiscrimination Ombudsman website at https://syrjinta.fi/en/front-page). Additionally, the Ombudsman serves as the National Rapporteur on Trafficking in Human Beings, actively contributing to efforts aimed at enhancing the rights and standing of foreign nationals.
All individuals have equal access to justice and due process under the rule of law.
Citations:
https://syrjinta.fi/en/front-page)
Finland was one of three countries that received the maximum aggregate score of 100 in the category of political rights and civil liberties in Freedom House’s 2019 Freedom in the World survey.
The country’s legal system provides for freedom of speech, which is also respected in practice. Furthermore, Finns enjoy full property rights and the freedom of religion, with the government officially recognizing many religious groups. The freedoms of association and assembly are respected in law and practice, while workers have the right to organize, bargain collectively and strike. In November 2014, after lengthy and contentious discussions, parliament voted to grant marriage rights to same-sex couples, and adoption-rights legislation for same-sex couples became effective in March 2017.
State actors demonstrate respect for civil rights and effectively safeguard them by identifying, prosecuting and punishing violations. Policies implemented by state institutions are relatively effective in preventing discrimination based on factors such as sex, gender identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views or religion.
Functioning as an autonomous and independent entity, the Nondiscrimination Ombudsman is dedicated to advancing equality, preventing discrimination and overseeing issues related to removal from the country (see the Nondiscrimination Ombudsman website at https://syrjinta.fi/en/front-page). Additionally, the Ombudsman serves as the National Rapporteur on Trafficking in Human Beings, actively contributing to efforts aimed at enhancing the rights and standing of foreign nationals.
All individuals have equal access to justice and due process under the rule of law.
Citations:
https://syrjinta.fi/en/front-page)
9
Denmark
According to section 29 of the Danish constitution, “Any Danish subject who is permanently domiciled in the realm and who meets the age qualification for suffrage as provided for in subsection 2 of this section shall have the right to vote in Folketing elections, provided that he has not been declared incapable of conducting his own affairs.”
According to section 31 of the Danish constitution, “The members of the Folketinget shall be elected by general and direct ballot.” More specific rules are laid down in the election act. The election act stipulates that “franchise for the Folketinget is held by every person of Danish nationality who is above 18 years of age and permanently resident in the realm, unless such person has been declared legally incompetent.” The rule on legal competence applies to the Folketing (section 29 of the constitution), but – according to a decision made by parliament in 2016 – not to local, regional or European Parliament elections. Any person above the age of 18 (since 1978) and “permanently resident in the realm” is thus entitled to vote.
Denmark is traditionally an open and liberal society, and has been at the forefront in ensuring the rights of sexual minorities. Basic rights are ensured by the constitution and supplemented with additional laws focused on specific areas, including ethnicity and the labor market. Citizens can file complaints concerning issues of discrimination to the Board of Equal Treatment or bring discrimination cases before the courts.
Discrimination can take various forms and can be perceived differently depending on position, history and social context. Gender-based discrimination in the labor market relates primarily to wages, but also to hiring and career options.
Indirect discrimination can take various forms, notably in rules and regulations. While rules and regulations are general and apply to all citizens, they can effectively target particular groups. For example, Denmark’s requirement of residency for social assistance (which, if not fulfilled, lowers the amount of assistance) is offered to immigrants from outside the European Union. Although it formally treats all immigrants equally, the scheme de facto impacts immigrants from low-income countries with a low employment rate in particular.
Immigration laws have been tightened several times since 2001. While previous parliaments were often split on these changes, recent parliamentary majorities have supported a tightening of immigration policy. Consequently, the recent shift in the position of the Social Democratic Party is significant. The current coalition government has sought to maintain strict immigration policies.
According to section 31 of the Danish constitution, “The members of the Folketinget shall be elected by general and direct ballot.” More specific rules are laid down in the election act. The election act stipulates that “franchise for the Folketinget is held by every person of Danish nationality who is above 18 years of age and permanently resident in the realm, unless such person has been declared legally incompetent.” The rule on legal competence applies to the Folketing (section 29 of the constitution), but – according to a decision made by parliament in 2016 – not to local, regional or European Parliament elections. Any person above the age of 18 (since 1978) and “permanently resident in the realm” is thus entitled to vote.
Denmark is traditionally an open and liberal society, and has been at the forefront in ensuring the rights of sexual minorities. Basic rights are ensured by the constitution and supplemented with additional laws focused on specific areas, including ethnicity and the labor market. Citizens can file complaints concerning issues of discrimination to the Board of Equal Treatment or bring discrimination cases before the courts.
Discrimination can take various forms and can be perceived differently depending on position, history and social context. Gender-based discrimination in the labor market relates primarily to wages, but also to hiring and career options.
Indirect discrimination can take various forms, notably in rules and regulations. While rules and regulations are general and apply to all citizens, they can effectively target particular groups. For example, Denmark’s requirement of residency for social assistance (which, if not fulfilled, lowers the amount of assistance) is offered to immigrants from outside the European Union. Although it formally treats all immigrants equally, the scheme de facto impacts immigrants from low-income countries with a low employment rate in particular.
Immigration laws have been tightened several times since 2001. While previous parliaments were often split on these changes, recent parliamentary majorities have supported a tightening of immigration policy. Consequently, the recent shift in the position of the Social Democratic Party is significant. The current coalition government has sought to maintain strict immigration policies.
Estonia
Civil rights and liberties are safeguarded by the constitution and widely respected by both state and non-state institutions. Equal access to the law and equal treatment are legally guaranteed. Primary legal advice is free for citizens and not linked to the income of the applicant. However, court fees can be rather high, disadvantaging low-income individuals.
Discrimination is prohibited by law, and several governmental institutions have been established to ensure nondiscrimination. The chancellor of justice plays an important role in ensuring that authorities and officials performing public duties do not violate people’s constitutional rights and freedoms, and that persons held in detention are not treated in a degrading, cruel or inhumane manner. Individuals can bring concerns directly to the Chancellor’s Office or send a letter detailing the issue. The commissioner for equal opportunities acts as an independent expert in monitoring discrimination. In addition to handling citizens’ appeals and monitoring the overall situation, the commissioner’s office focuses significant efforts on awareness-raising activities.
Implemented policies have achieved varying effects in preventing and combating discrimination. Gender equality has been a long-standing challenge, reflected in the largest gender pay gap in Europe (Eurostat, 2022). Despite several measures introduced by the government to combat the gender pay gap, fundamental change has yet to be achieved. The rights of disabled people have received attention in labor market policies and living environment measures. All public buildings must ensure access for people with disabilities, and employers can apply for special support to employ such individuals.
There has been significant progress in LGBTQ+ rights. In June 2023, the Riigikogu adopted a set of legal acts allowing for the registration of gender-neutral marriages beginning 1 January 2024. The rights of ethnic minorities are protected by the constitution. In 2022, the government moved to finalize the long-pending transition of Russian-speaking pre-primary and primary schools to instruction in the Estonian language. To ensure the quality of education and protect the rights of both Russian-speaking and Estonian-speaking pupils, a comprehensive package of support measures was adopted. These measures include additional teaching staff and speech therapists, teaching materials, and special training for teachers. Instruction in Estonian was slated to start on 1 September 2024.
In addition to Russians, who are largely second- or third-generation immigrants, Estonia has welcomed a large number of Ukrainian refugees, including children. All school-age Ukrainian children attend school, and efforts are being made to provide them the opportunity to learn in their mother tongue.
A recent opinion poll revealed people’s overall satisfaction with the state of human rights in Estonia. Seventy-seven percent of respondents agreed that the Estonian constitution protects people’s rights and values, while 79% of Estonian residents are convinced that “everything is in order with human rights in our country” (EIHR 2023).
Discrimination is prohibited by law, and several governmental institutions have been established to ensure nondiscrimination. The chancellor of justice plays an important role in ensuring that authorities and officials performing public duties do not violate people’s constitutional rights and freedoms, and that persons held in detention are not treated in a degrading, cruel or inhumane manner. Individuals can bring concerns directly to the Chancellor’s Office or send a letter detailing the issue. The commissioner for equal opportunities acts as an independent expert in monitoring discrimination. In addition to handling citizens’ appeals and monitoring the overall situation, the commissioner’s office focuses significant efforts on awareness-raising activities.
Implemented policies have achieved varying effects in preventing and combating discrimination. Gender equality has been a long-standing challenge, reflected in the largest gender pay gap in Europe (Eurostat, 2022). Despite several measures introduced by the government to combat the gender pay gap, fundamental change has yet to be achieved. The rights of disabled people have received attention in labor market policies and living environment measures. All public buildings must ensure access for people with disabilities, and employers can apply for special support to employ such individuals.
There has been significant progress in LGBTQ+ rights. In June 2023, the Riigikogu adopted a set of legal acts allowing for the registration of gender-neutral marriages beginning 1 January 2024. The rights of ethnic minorities are protected by the constitution. In 2022, the government moved to finalize the long-pending transition of Russian-speaking pre-primary and primary schools to instruction in the Estonian language. To ensure the quality of education and protect the rights of both Russian-speaking and Estonian-speaking pupils, a comprehensive package of support measures was adopted. These measures include additional teaching staff and speech therapists, teaching materials, and special training for teachers. Instruction in Estonian was slated to start on 1 September 2024.
In addition to Russians, who are largely second- or third-generation immigrants, Estonia has welcomed a large number of Ukrainian refugees, including children. All school-age Ukrainian children attend school, and efforts are being made to provide them the opportunity to learn in their mother tongue.
A recent opinion poll revealed people’s overall satisfaction with the state of human rights in Estonia. Seventy-seven percent of respondents agreed that the Estonian constitution protects people’s rights and values, while 79% of Estonian residents are convinced that “everything is in order with human rights in our country” (EIHR 2023).
Citations:
Estonian Institute of Human Rights. 2023. “Public opinion on human rights. 2022.” https://www.humanrightsestonia.ee/en/research-surveys/79-of-estonian-residents-believe-that-human-rights-are-respected-in-estonia/
Eurostat. 2022. “Gender pay gap statistics.” https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Gender_pay_gap_statistics#:~:text=Highlights&text=In%202022%2C%20women’s%20gross%20hourly,in%20Luxembourg%20(%2D0.7%20%25).
Estonian Institute of Human Rights. 2023. “Public opinion on human rights. 2022.” https://www.humanrightsestonia.ee/en/research-surveys/79-of-estonian-residents-believe-that-human-rights-are-respected-in-estonia/
Eurostat. 2022. “Gender pay gap statistics.” https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Gender_pay_gap_statistics#:~:text=Highlights&text=In%202022%2C%20women’s%20gross%20hourly,in%20Luxembourg%20(%2D0.7%20%25).
Germany
Civil rights in Germany are governed by the basic rights (Grundrechte) that are safeguarded by the Basic Law. According to Article 1 of the Basic Law, these rights act as defenses against the state and bind the legislative, executive, and judiciary branches. In principle, only the state must adhere to these rights. However, derived from Article 1, the state has a protective duty, obligating it to shield citizens from threats arising from the unlawful activities of third parties, i.e., non-state actors (Belling, Herold and Kneis, 2014).
The Basic Law ensures both personal freedom (Article 2) and equality before the law (Article 3), stating that all people are equal before the law and that everyone has the right to personal development, life, and physical integrity. Additionally, the so-called basic judicial rights guarantee Constitutional Court proceedings (Article 101ff.). They prohibit capital punishment, torture, and inhumane treatment of those in custody. Imprisonment not based on a judicial order is possible for a maximum of one day. Furthermore, the judicial basic rights ensure a fair trial, meaning that everyone is entitled to a hearing in accordance with the law. Due to the specifications “all” or “every person,” these rights apply not only to citizens but to everyone.
According to the Rule of Law Index, Germany ranks fourth globally for civil justice. The index’s score of 0.85 indicates that civil justice is effectively and timely enforced in practice. Consistent with this, Germany is considered free based on the Civil Liberties Index (Freedom House, 2023). However, there is concern regarding the individual expression of religious faith, sexual orientation, or gender identity due to a rise in hate crimes related to antisemitism, Islamophobia, sexual orientation, and gender (Amnesty International, 2023). Another significant concern is the continuing increase in politically motivated crimes.
Discrimination remains a significant issue in various diverse areas of Germany. Preventive measures include an action plan against right-wing extremism introduced by the Federal Ministry of the Interior and Community in March 2023. However, the plan neither recognizes nor addresses systemic and institutional racism. Additionally, there are proposals for a law that would allow transgender, intersex, and non-binary individuals to legally change their gender and name through a simple declaration at a registration office. This would eliminate the current requirement for a psychological expert opinion and court decision (Amnesty International, 2023). Further measures addressing gender discrimination are discussed in the section on gender equality (Policy Efforts and Commitment to Achieving Gender Equality).
Lastly, due process generally prevails in criminal and civil matters (Freedom House 2023), with the Rule of Law Index (2023) allocating a score of 0.76. This score indicates that most people have and can afford equal access to justice, including advice and representation. The score further implies there are no significant barriers in the form of linguistic obstacles or unreasonable procedural hurdles.
The Basic Law ensures both personal freedom (Article 2) and equality before the law (Article 3), stating that all people are equal before the law and that everyone has the right to personal development, life, and physical integrity. Additionally, the so-called basic judicial rights guarantee Constitutional Court proceedings (Article 101ff.). They prohibit capital punishment, torture, and inhumane treatment of those in custody. Imprisonment not based on a judicial order is possible for a maximum of one day. Furthermore, the judicial basic rights ensure a fair trial, meaning that everyone is entitled to a hearing in accordance with the law. Due to the specifications “all” or “every person,” these rights apply not only to citizens but to everyone.
According to the Rule of Law Index, Germany ranks fourth globally for civil justice. The index’s score of 0.85 indicates that civil justice is effectively and timely enforced in practice. Consistent with this, Germany is considered free based on the Civil Liberties Index (Freedom House, 2023). However, there is concern regarding the individual expression of religious faith, sexual orientation, or gender identity due to a rise in hate crimes related to antisemitism, Islamophobia, sexual orientation, and gender (Amnesty International, 2023). Another significant concern is the continuing increase in politically motivated crimes.
Discrimination remains a significant issue in various diverse areas of Germany. Preventive measures include an action plan against right-wing extremism introduced by the Federal Ministry of the Interior and Community in March 2023. However, the plan neither recognizes nor addresses systemic and institutional racism. Additionally, there are proposals for a law that would allow transgender, intersex, and non-binary individuals to legally change their gender and name through a simple declaration at a registration office. This would eliminate the current requirement for a psychological expert opinion and court decision (Amnesty International, 2023). Further measures addressing gender discrimination are discussed in the section on gender equality (Policy Efforts and Commitment to Achieving Gender Equality).
Lastly, due process generally prevails in criminal and civil matters (Freedom House 2023), with the Rule of Law Index (2023) allocating a score of 0.76. This score indicates that most people have and can afford equal access to justice, including advice and representation. The score further implies there are no significant barriers in the form of linguistic obstacles or unreasonable procedural hurdles.
Citations:
Amnesty International. 2023. “Amnesty International Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/#:~:text=Across%20the%20world%2C%20authorities%20continued,the%20hardest%2C%20and%20inequality%20rose
Belling, D. W., A. Herold, and M. Kneis. 2014. “Die Wirkung der Grundrechte und Grundfreiheiten zwischen Privaten.” Rechtsentwicklungen aus europäischer Perspektive im 21. Jahrhundert 2: 53-111. https://publishup.uni-potsdam.de/opus4-ubp/frontdoor/deliver/index/docId/7455/file/S53-111_aiup02.pdf
BMFSJ. 2021. Zweites Führungspositionen-Gesetz – FüPoG II. https://www.bmfsfj.de/bmfsfj/service/gesetze/zweites-fuehrungspositionengesetz-fuepog-2-164226
Freedom House. 2023. “Germany.” https://freedomhouse.org/country/germany/freedom-world/2023#CL
Statistisches Bundesamt. 2023. “Gender Pay Gap 2022: Frauen verdienten pro Stunde 18 % weniger als Männer.” https://www.destatis.de/DE/Presse/Pressemitteilungen/2023/01/PD23_036_621.html#:~:text=Dieser%20unerkl%C3%A4rte%20Teil%20entspricht%20dem,%25%2C%20Ostdeutschland%3A%209%20%25
World Justice Project. 2023. “WJP Rule of Law Index, Germany, Civil Justice.” https://worldjusticeproject.org/rule-of-law-index/factors/2023/Germany/Civil%20Justice/
Amnesty International. 2023. “Amnesty International Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/#:~:text=Across%20the%20world%2C%20authorities%20continued,the%20hardest%2C%20and%20inequality%20rose
Belling, D. W., A. Herold, and M. Kneis. 2014. “Die Wirkung der Grundrechte und Grundfreiheiten zwischen Privaten.” Rechtsentwicklungen aus europäischer Perspektive im 21. Jahrhundert 2: 53-111. https://publishup.uni-potsdam.de/opus4-ubp/frontdoor/deliver/index/docId/7455/file/S53-111_aiup02.pdf
BMFSJ. 2021. Zweites Führungspositionen-Gesetz – FüPoG II. https://www.bmfsfj.de/bmfsfj/service/gesetze/zweites-fuehrungspositionengesetz-fuepog-2-164226
Freedom House. 2023. “Germany.” https://freedomhouse.org/country/germany/freedom-world/2023#CL
Statistisches Bundesamt. 2023. “Gender Pay Gap 2022: Frauen verdienten pro Stunde 18 % weniger als Männer.” https://www.destatis.de/DE/Presse/Pressemitteilungen/2023/01/PD23_036_621.html#:~:text=Dieser%20unerkl%C3%A4rte%20Teil%20entspricht%20dem,%25%2C%20Ostdeutschland%3A%209%20%25
World Justice Project. 2023. “WJP Rule of Law Index, Germany, Civil Justice.” https://worldjusticeproject.org/rule-of-law-index/factors/2023/Germany/Civil%20Justice/
New Zealand
New Zealand has robust legal protections for civil rights, including the Bill of Rights Act 1990, which outlines fundamental rights and freedoms. State actors, including government bodies and agencies, are bound by these legal provisions. Individuals have the right to seek legal remedies through the courts if their civil rights are violated. Courts can issue remedies or orders to protect individuals’ rights and hold authorities accountable for any infringements. The World Justice Project’s 2022 Rule of Law Index ranks New Zealand at 10th place in the world with regard to its civil justice measure, which captures the extent to which the civil justice system is accessible and affordable as well as free of discrimination, corruption and improper influence by public officials (World Justice Project 2022).
New Zealand has made significant strides in implementing legislation that prohibits discrimination and promotes equal treatment. The Human Rights Act 1993 and the Employment Relations Act 2000, among others, protect individuals from discrimination in various areas, including employment, education, and the provision of goods and services.
State actors in New Zealand generally respect civil rights, but there are areas for improvement. For example, a report published by the Human Rights Measurement Initiative (HRMI) in June 2023 noted that Māori face a relatively high risk of civil rights violations such as arbitrary arrests (Dunseath 2023). Meanwhile, a 2020 Human Rights Commission report found that the LGBTQ+ community continues to suffer from discrimination (1News 2020).
New Zealand has made significant strides in implementing legislation that prohibits discrimination and promotes equal treatment. The Human Rights Act 1993 and the Employment Relations Act 2000, among others, protect individuals from discrimination in various areas, including employment, education, and the provision of goods and services.
State actors in New Zealand generally respect civil rights, but there are areas for improvement. For example, a report published by the Human Rights Measurement Initiative (HRMI) in June 2023 noted that Māori face a relatively high risk of civil rights violations such as arbitrary arrests (Dunseath 2023). Meanwhile, a 2020 Human Rights Commission report found that the LGBTQ+ community continues to suffer from discrimination (1News 2020).
Citations:
1News. 2020. “LGBT+ commmunity continues to suffer from discrimination – Human Rights Commission.” 19 June. https://www.1news.co.nz/2020/06/19/lgbt-commmunity-continues-to-suffer-from-discrimination-human-rights-commission/
Dunseath, F. 2023. “Māori most at risk of declining civil and political human rights.” Stuff, June 23. https://www.stuff.co.nz/national/132390654/mori-most-at-risk-of-declining-civil-and-political-human-rights
World Justice Project. 2022. “New Zealand: Civil Justice.” https://worldjusticeproject.org/rule-of-law-index/factors/2022/New%20Zealand/Civil%20Justice
1News. 2020. “LGBT+ commmunity continues to suffer from discrimination – Human Rights Commission.” 19 June. https://www.1news.co.nz/2020/06/19/lgbt-commmunity-continues-to-suffer-from-discrimination-human-rights-commission/
Dunseath, F. 2023. “Māori most at risk of declining civil and political human rights.” Stuff, June 23. https://www.stuff.co.nz/national/132390654/mori-most-at-risk-of-declining-civil-and-political-human-rights
World Justice Project. 2022. “New Zealand: Civil Justice.” https://worldjusticeproject.org/rule-of-law-index/factors/2022/New%20Zealand/Civil%20Justice
Norway
State institutions respect and protect civil rights. Personal liberties are well protected against abuse by both state and non-state actors. People cannot be detained without a formal charge for more than 24 hours. A court decision is needed to hold a suspect in prison during an investigation, a matter given more serious consideration in Norway than in many other countries. Access to the courts is free and easy, and the judiciary system is generally regarded by the public as fair and efficient. However, losing a case in court can result in having to pay the full cost of the proceedings. This financial risk, along with the prohibitive fees lawyers may charge, can deter citizens from bringing cases to court. For those with extremely low incomes, there is a state program to cover legal costs. Additionally, most labor union memberships – which are widespread – include insurance against high expenses.
Political liberties are protected by the constitution and the law. The right to free expression was strengthened through a constitutional amendment in 2004. Limitations to freedom of speech, such as hate speech or discrimination, are regulated by law. All citizens may comment on legislative proposals in hearing procedures.
In 2014, the Sámi minority was granted explicit rights to their own language and cultural expressions. Norway has ratified all international conventions on human and civil rights. The European Convention on Human Rights is incorporated into national law. The right to free worship and other religious activities is ensured.
The historical tradition of a privileged, state-owned Lutheran church ended in 2017, and now all religious communities are treated equally. Political liberties are respected by state institutions. Equality of opportunity and equality before the law are firmly established in Norway.
There is a Parliamentary Ombud for civil rights (established in 1962) and one for Equality and Anti-Discrimination (established in 1972). There was also an Ombud for the Elderly (established in 2021, repealed as of July 2023).
The Sámi minority living in the north has a limited right to self-rule, though there are still some unsettled issues over the use of natural resources in this area. Men and women are nearly on par in terms of education levels. Women’s labor-force participation rate is comparatively high among OECD countries. Women earn on average 87.5% of what men do. However, once hours worked, occupation, education, and seniority are taken into consideration, it is difficult to verify significant differences between the earnings of men and women. This finding does not necessarily imply that there is no gender discrimination in the labor market; for example, men may be more readily hired for high-paying occupations.
In 2017, several instances of gender-based discrimination were disclosed as a result of the #MeToo campaign. However, affirmative action in favor of women has been used extensively in the labor market, particularly within the public sector. Despite this, the labor market remains strongly segregated by gender and occupation compared to the situation in many other countries. Some discrimination against non-Western immigrants seems to persist. In some areas of the economy, immigrants find it comparatively difficult to find work and are generally paid lower wages. Unemployment rates are also substantially higher among immigrant populations than among native Norwegians. Although discrimination against immigrants, including in the labor market, is illegal, it does take place in some areas of Norwegian society, though very few discrimination cases are prosecuted.
Political liberties are protected by the constitution and the law. The right to free expression was strengthened through a constitutional amendment in 2004. Limitations to freedom of speech, such as hate speech or discrimination, are regulated by law. All citizens may comment on legislative proposals in hearing procedures.
In 2014, the Sámi minority was granted explicit rights to their own language and cultural expressions. Norway has ratified all international conventions on human and civil rights. The European Convention on Human Rights is incorporated into national law. The right to free worship and other religious activities is ensured.
The historical tradition of a privileged, state-owned Lutheran church ended in 2017, and now all religious communities are treated equally. Political liberties are respected by state institutions. Equality of opportunity and equality before the law are firmly established in Norway.
There is a Parliamentary Ombud for civil rights (established in 1962) and one for Equality and Anti-Discrimination (established in 1972). There was also an Ombud for the Elderly (established in 2021, repealed as of July 2023).
The Sámi minority living in the north has a limited right to self-rule, though there are still some unsettled issues over the use of natural resources in this area. Men and women are nearly on par in terms of education levels. Women’s labor-force participation rate is comparatively high among OECD countries. Women earn on average 87.5% of what men do. However, once hours worked, occupation, education, and seniority are taken into consideration, it is difficult to verify significant differences between the earnings of men and women. This finding does not necessarily imply that there is no gender discrimination in the labor market; for example, men may be more readily hired for high-paying occupations.
In 2017, several instances of gender-based discrimination were disclosed as a result of the #MeToo campaign. However, affirmative action in favor of women has been used extensively in the labor market, particularly within the public sector. Despite this, the labor market remains strongly segregated by gender and occupation compared to the situation in many other countries. Some discrimination against non-Western immigrants seems to persist. In some areas of the economy, immigrants find it comparatively difficult to find work and are generally paid lower wages. Unemployment rates are also substantially higher among immigrant populations than among native Norwegians. Although discrimination against immigrants, including in the labor market, is illegal, it does take place in some areas of Norwegian society, though very few discrimination cases are prosecuted.
Citations:
About the Parliamentary Ombud. https://www.sivilombudet.no/en/about-the-parliamentary-ombudsman/
The Equality and Anti-Discrimination Ombud. https://www.ldo.no/en/ldo-english-page/
About the Parliamentary Ombud. https://www.sivilombudet.no/en/about-the-parliamentary-ombudsman/
The Equality and Anti-Discrimination Ombud. https://www.ldo.no/en/ldo-english-page/
Sweden
Civil rights and an egalitarian society are core Swedish values. The constitution has a chapter devoted to human rights, and legal certainty is a governing principle for public administration.
However, there are increasing causes for concern. Although discrimination based on sex, transgender identity or expression, religion or other beliefs, disability, sexual orientation, or age is illegal, the Discrimination Ombudsman (DO) reported an upward trend in incidents in 2021, with high numbers continuing in 2022 (DO 2022; 2023). The DO suggests that discrimination occurs in all segments of society, with discrimination based on sex, ethnicity, or age being the most prevalent. The DO also reports a high number of incidents against Muslims or people perceived to be Muslim.
In 2022, the constitution was amended to limit the right to associate with groups that support terrorism, have military operations, or persecute people on the basis of ethnic origins or skin color (Sveriges Riksdag, 2022).
The de facto segregation of suburbs in large metropolitan areas continues, and gang violence remains a significant challenge in some regions, infringing upon citizens’ personal freedom of movement. This societal fracturing is cause for concern and an issue that has remained unresolved for quite some time.
However, there are increasing causes for concern. Although discrimination based on sex, transgender identity or expression, religion or other beliefs, disability, sexual orientation, or age is illegal, the Discrimination Ombudsman (DO) reported an upward trend in incidents in 2021, with high numbers continuing in 2022 (DO 2022; 2023). The DO suggests that discrimination occurs in all segments of society, with discrimination based on sex, ethnicity, or age being the most prevalent. The DO also reports a high number of incidents against Muslims or people perceived to be Muslim.
In 2022, the constitution was amended to limit the right to associate with groups that support terrorism, have military operations, or persecute people on the basis of ethnic origins or skin color (Sveriges Riksdag, 2022).
The de facto segregation of suburbs in large metropolitan areas continues, and gang violence remains a significant challenge in some regions, infringing upon citizens’ personal freedom of movement. This societal fracturing is cause for concern and an issue that has remained unresolved for quite some time.
Citations:
DO (Diskrimineringsombudsmannen). 2023. “Förekomst av diskriminering, 2023.” https://www.do.se/kunskap-stod-och-vagledning/publikationer-om-diskriminering/2023/forekomst-av-diskriminering-2023
DO ([Diskrimineringsombudsmannen). 2022. “Statistik över anmälningar som inkom till DO 2015–2021.” https://www.do.se/kunskap-stod-och-vagledning/publikationer-om-diskriminering/2022/statistik-over-anmalningar-som-inkom-till-do-2015-2021
Sveriges Riksdag. 2022. “Kungörelse (1974:152) om beslutad ny regeringsform.” https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/kungorelse-1974152-om-beslutad-ny-regeringsform_sfs-1974-152/
DO (Diskrimineringsombudsmannen). 2023. “Förekomst av diskriminering, 2023.” https://www.do.se/kunskap-stod-och-vagledning/publikationer-om-diskriminering/2023/forekomst-av-diskriminering-2023
DO ([Diskrimineringsombudsmannen). 2022. “Statistik över anmälningar som inkom till DO 2015–2021.” https://www.do.se/kunskap-stod-och-vagledning/publikationer-om-diskriminering/2022/statistik-over-anmalningar-som-inkom-till-do-2015-2021
Sveriges Riksdag. 2022. “Kungörelse (1974:152) om beslutad ny regeringsform.” https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/kungorelse-1974152-om-beslutad-ny-regeringsform_sfs-1974-152/
There are no significant limits or constraints on the realization of civil rights.
8
Belgium
Political and civil liberties are extensive in Belgium. Even during the coronavirus crisis, political liberties remained intact. However, civil liberties came under pressure during the crisis, with restrictions on the right to assemble and demonstrate. High tension within police forces resulted in occasional violence, both from and against the police. While these were not part of a deliberate policy to restrict civil liberties, they contributed to a progressive erosion of norms.
Since the COVID-19 pandemic, the liberties and rights of EU citizens have been fully restored or even improved. For instance, new rape laws enshrining the principle of consent entered into force in Belgium (Amnesty International 2023). However, following the immigration waves of 2015 and 2022, the government has hardened its stance on immigrants and political refugees, leading to an erosion of their rights. Amnesty International also highlights the inhumane treatment of prison inmates due to overcrowding in dilapidated prisons (2023, 92).
Since the COVID-19 pandemic, the liberties and rights of EU citizens have been fully restored or even improved. For instance, new rape laws enshrining the principle of consent entered into force in Belgium (Amnesty International 2023). However, following the immigration waves of 2015 and 2022, the government has hardened its stance on immigrants and political refugees, leading to an erosion of their rights. Amnesty International also highlights the inhumane treatment of prison inmates due to overcrowding in dilapidated prisons (2023, 92).
Citations:
Amnesty International. 2023. “Amnesty International Report 2023: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/4870/2023/en
Rule of Law Index (World Justice Project): https://worldjusticeproject.org/rule-of-law-index/factors/2022/Belgium/
Amnesty International. 2023. “Amnesty International Report 2023: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/4870/2023/en
Rule of Law Index (World Justice Project): https://worldjusticeproject.org/rule-of-law-index/factors/2022/Belgium/
Latvia
Latvia’s national legal and constitutional framework guarantees civil rights. These include safeguarding personal liberty against both state and non-state actors, ensuring the right to life and security, prohibiting torture and inhumane treatment, protecting privacy, and ensuring equality before the law. The judiciary is independent, and the government generally respects judicial independence.
Latvia generally upholds civil rights, with no reports of government-committed arbitrary or unlawful killings or disappearances. The legal system prohibits torture and other inhumane treatments and emphasizes equal access to justice and due process under the rule of law. This encompasses protection against arbitrary imprisonment and ensures fair legal proceedings for all citizens.
Some concerns include complaints about prison conditions, particularly regarding ventilation and access to healthcare. There have been reports of ill-treatment of migrants by security forces. There were challenges in handling asylum requests during the emergency near the Belarus border.
The executive branch actively identifies, prosecutes, and punishes civil rights violations, although challenges remain in fully realizing these goals. Freedom of peaceful assembly and association is constitutionally guaranteed and generally respected. However, authorities may deny public demonstration permits for public safety and national security reasons.
The principle of legal equality and the prohibition of discrimination as fundamental rights are enshrined in Article 91 of the constitution and international legal instruments. According to the World Bank Group’s publication “Women, Business and the Law 2022,” women in the country have legal standing equal to men (U.S. Department of State, 2022). In 2022, the ombudsman received 73 complaints on various aspects of discrimination, similar to the previous reporting period, when 68 complaints were received. Compared to 2020, when there were 49 such applications, citizens are more aware of their rights, the possibilities for their protection, and the need for it.
Citizens have requested the ombudsman’s assistance with allegations of discrimination or unjustified differential treatment related to mobbing, COVID-19 restrictions, gender, age, disability, and health status. However, the ombudsman did not find unequal treatment or discrimination in all cases. Latvia implements policies to prevent discrimination based on various factors, including sex, gender identity, and ethnicity. The effectiveness of these measures, including positive discrimination and special representation rights, varies, but there is a concentrated effort to protect the rights of disadvantaged and minority groups.
The right to a fair trial is a cornerstone of the functioning of a democratic state under the rule of law. The protection of other human rights and fundamental freedoms largely depends on the proper guarantee of this right. Article 92 of the constitution ensures these fundamental rights for everyone, and their broad scope must be interpreted in conjunction with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the case law of the European Court of Human Rights.
In 2022, the Ombudsman’s Office received 172 applications related to the aspects of ensuring a fair trial, fewer than the 245 received in the previous reporting period. Most of the issues identified in these applications have already been brought to the ombudsman’s attention. An analysis of the statistics for 2022 and earlier years shows a declining trend in mentions of access to justice, the conduct of legal aid providers, the enforcement of rulings, and the grounds for rulings in submissions. For instance, in 2020, the reasons for a decision were raised in 34 submissions; in 2021, this issue was mentioned in 13 submissions; while in the reporting period, it was raised in only four submissions.
In contrast, the number of submissions expressing dissatisfaction with the alleged unfairness of the proceedings has increased, with 34 submissions in 2021 but 42 in the reporting period. These statistics provide only a glimpse of the issues addressed to the ombudsman and do not substantiate whether the situation in Latvia has improved or deteriorated in this respect, as each case requires an individual assessment for an objective judgment. All individuals in Latvia are entitled to equal access to justice and due process under the rule of law. The judicial system strives to maintain this standard, although there are areas where improvements can be made to ensure more equitable access for all.
Latvia generally upholds civil rights, with no reports of government-committed arbitrary or unlawful killings or disappearances. The legal system prohibits torture and other inhumane treatments and emphasizes equal access to justice and due process under the rule of law. This encompasses protection against arbitrary imprisonment and ensures fair legal proceedings for all citizens.
Some concerns include complaints about prison conditions, particularly regarding ventilation and access to healthcare. There have been reports of ill-treatment of migrants by security forces. There were challenges in handling asylum requests during the emergency near the Belarus border.
The executive branch actively identifies, prosecutes, and punishes civil rights violations, although challenges remain in fully realizing these goals. Freedom of peaceful assembly and association is constitutionally guaranteed and generally respected. However, authorities may deny public demonstration permits for public safety and national security reasons.
The principle of legal equality and the prohibition of discrimination as fundamental rights are enshrined in Article 91 of the constitution and international legal instruments. According to the World Bank Group’s publication “Women, Business and the Law 2022,” women in the country have legal standing equal to men (U.S. Department of State, 2022). In 2022, the ombudsman received 73 complaints on various aspects of discrimination, similar to the previous reporting period, when 68 complaints were received. Compared to 2020, when there were 49 such applications, citizens are more aware of their rights, the possibilities for their protection, and the need for it.
Citizens have requested the ombudsman’s assistance with allegations of discrimination or unjustified differential treatment related to mobbing, COVID-19 restrictions, gender, age, disability, and health status. However, the ombudsman did not find unequal treatment or discrimination in all cases. Latvia implements policies to prevent discrimination based on various factors, including sex, gender identity, and ethnicity. The effectiveness of these measures, including positive discrimination and special representation rights, varies, but there is a concentrated effort to protect the rights of disadvantaged and minority groups.
The right to a fair trial is a cornerstone of the functioning of a democratic state under the rule of law. The protection of other human rights and fundamental freedoms largely depends on the proper guarantee of this right. Article 92 of the constitution ensures these fundamental rights for everyone, and their broad scope must be interpreted in conjunction with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the case law of the European Court of Human Rights.
In 2022, the Ombudsman’s Office received 172 applications related to the aspects of ensuring a fair trial, fewer than the 245 received in the previous reporting period. Most of the issues identified in these applications have already been brought to the ombudsman’s attention. An analysis of the statistics for 2022 and earlier years shows a declining trend in mentions of access to justice, the conduct of legal aid providers, the enforcement of rulings, and the grounds for rulings in submissions. For instance, in 2020, the reasons for a decision were raised in 34 submissions; in 2021, this issue was mentioned in 13 submissions; while in the reporting period, it was raised in only four submissions.
In contrast, the number of submissions expressing dissatisfaction with the alleged unfairness of the proceedings has increased, with 34 submissions in 2021 but 42 in the reporting period. These statistics provide only a glimpse of the issues addressed to the ombudsman and do not substantiate whether the situation in Latvia has improved or deteriorated in this respect, as each case requires an individual assessment for an objective judgment. All individuals in Latvia are entitled to equal access to justice and due process under the rule of law. The judicial system strives to maintain this standard, although there are areas where improvements can be made to ensure more equitable access for all.
Citations:
U.S. Department of State. 2022. “Country Reports on Human Rights Practices: Latvia.” https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/latvia/
The Constitution of the Republic of Latvia. 1992. https://likumi.lv/ta/id/57980-latvijas-republikas-satversme
Tiesībsargs. 2023. Tiesībsarga 2022. gada ziņojums. https://www.tiesibsargs.lv/wp-content/uploads/2023/03/tiesibsarga_2022_gada_zinojums.pdf
Pilsonības un migrācijas lietu pārvalde. 2023. Ziņojums par migrācijas un patvēruma situāciju Latvijā 2022. gadā. https://www.emn.lv/wp-content/uploads/2023/06/ARM-GALA-VERSIJA-LV.pdf
U.S. Department of State. 2022. “Country Reports on Human Rights Practices: Latvia.” https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/latvia/
The Constitution of the Republic of Latvia. 1992. https://likumi.lv/ta/id/57980-latvijas-republikas-satversme
Tiesībsargs. 2023. Tiesībsarga 2022. gada ziņojums. https://www.tiesibsargs.lv/wp-content/uploads/2023/03/tiesibsarga_2022_gada_zinojums.pdf
Pilsonības un migrācijas lietu pārvalde. 2023. Ziņojums par migrācijas un patvēruma situāciju Latvijā 2022. gadā. https://www.emn.lv/wp-content/uploads/2023/06/ARM-GALA-VERSIJA-LV.pdf
Portugal
In addition to the 1976 ratification of the International Covenant on Civil and Political Rights, the Portuguese constitution delineates broad categories of fundamental rights and guarantees for the population, primarily found in Articles 12 to 27. These rights are generally upheld in practice. However, persistent challenges remain in achieving equal access to these rights and liberties for all citizens in Portugal. As a result, there is a growing trend of discriminatory situations disproportionately affecting marginalized groups, including those with lower socioeconomic status and ethnic minorities such as the Roma community, Afro-descendant, and migrant worker communities. Furthermore, discrimination persists and contributes to sexual and gender-based violence against women, as highlighted in the Amnesty International Report 2022/23 (2023: 302).
According to a 2019 report on racism, xenophobia, and ethnic-racial discrimination, constraints and inequalities persist in areas such as access to fair and decent housing, particularly affecting communities of African descent and Roma. Additionally, there are continuing issues related to school dropout rates among Roma girls due to early and forced marriages and a notably low rate of higher education enrollment within these communities. Gender-based violence remains a grave concern in Portuguese society, resulting in the tragic murders of 25 women since the beginning of 2023, with an estimated 15 of these cases classified as femicide (Agência Lusa, 2023).
In response to these challenges, the government has been implementing measures outlined in the National Strategy for Equality and Non-Discrimination, which was initially introduced in 2018. The most recent step in this effort is the approval of the 2023 – 2026 Action Plans, aimed at consolidating progress and implementing policies related to gender equality, preventing and combating violence against women, and addressing discrimination based on sexual orientation and gender identity (CIG, 2023).
Amnesty International has reported ongoing excessive use of force and mistreatment by police officers. Between May and June 2022, the Council of Europe (CoE) Committee for the Prevention of Torture (CPT) visited various prisons and detention facilities in Portugal to assess the treatment and conditions of detainees. These visits revealed that instances of ill-treatment persist, with some individuals alleging mistreatment by officers from the Public Security Police (PSP) and the National Republican Guard (GNR) during apprehension and after they had been brought under control. Additionally, the committee found some prisoners living in degrading conditions, including dirty and deteriorated cells, broken windows, unpartitioned toilets in shared cells, and malfunctioning electrical installations. In response to these findings, the Portuguese government has initiated some procedures to address the committee’s recommendations. However, further investigation is needed to assess the extent of their implementation.
According to a 2019 report on racism, xenophobia, and ethnic-racial discrimination, constraints and inequalities persist in areas such as access to fair and decent housing, particularly affecting communities of African descent and Roma. Additionally, there are continuing issues related to school dropout rates among Roma girls due to early and forced marriages and a notably low rate of higher education enrollment within these communities. Gender-based violence remains a grave concern in Portuguese society, resulting in the tragic murders of 25 women since the beginning of 2023, with an estimated 15 of these cases classified as femicide (Agência Lusa, 2023).
In response to these challenges, the government has been implementing measures outlined in the National Strategy for Equality and Non-Discrimination, which was initially introduced in 2018. The most recent step in this effort is the approval of the 2023 – 2026 Action Plans, aimed at consolidating progress and implementing policies related to gender equality, preventing and combating violence against women, and addressing discrimination based on sexual orientation and gender identity (CIG, 2023).
Amnesty International has reported ongoing excessive use of force and mistreatment by police officers. Between May and June 2022, the Council of Europe (CoE) Committee for the Prevention of Torture (CPT) visited various prisons and detention facilities in Portugal to assess the treatment and conditions of detainees. These visits revealed that instances of ill-treatment persist, with some individuals alleging mistreatment by officers from the Public Security Police (PSP) and the National Republican Guard (GNR) during apprehension and after they had been brought under control. Additionally, the committee found some prisoners living in degrading conditions, including dirty and deteriorated cells, broken windows, unpartitioned toilets in shared cells, and malfunctioning electrical installations. In response to these findings, the Portuguese government has initiated some procedures to address the committee’s recommendations. However, further investigation is needed to assess the extent of their implementation.
Citations:
Agência Lusa. 2023. “Assassinadas 25 mulheres em Portugal desde o início do ano.” https://observador.pt/2023/11/22/assassinadas-25-mulheres-em-portugal-desde-o-inicio-do-ano/
Amnesty International. 2023. “Amnesty International Report 2022/23: The state of the world’s human rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en
Assembleia da República. 2019. “Relatório sobre Racismo, Xenofobia e Discriminação Étnico-racial em Portugal.” https://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324679626d56304c334e706447567a4c31684a53556c4d5a5763765130394e4c7a464451554e455445637655306c4f5243394562324e31625756756447397a51574e3061585a705a47466bZa554e7662576c7a633246764c7a45335a6a637a4d4455784c574d305a5759744e47497a4e5331684e7a67314c574d78596a63355a6a526d595442684d6935775a47593d&fich=17f73051-c4ef-4b35-a785-c1b79f4fa0a2.pdf&Inline=true
CIG. 2023. “Aprovados os Planos de Ação 2023-2026 da ‘Estratégia Nacional para a Igualdade e a Não Discriminação – Portugal+Igual.’” https://www.cig.gov.pt/2023/06/aprovados-os-planos-de-acao-2023-2026-da-estrategia-nacional-para-a-igualdade-e-a-nao-discriminacao-portugaligual/?fbclid=IwAR1ertTlReGzapcHLo6k9bqlMPVDJWO__A7P80RPj_Ib5q99ScMjpKVhSeA
CPT. 2023a. “Report to the Portuguese Government on the periodic visit to Portugal carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).” https://rm.coe.int/1680adcb76
CPT. 2023b. “Response of the Portuguese Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Portugal.” https://rm.coe.int/1680adcb8d
Agência Lusa. 2023. “Assassinadas 25 mulheres em Portugal desde o início do ano.” https://observador.pt/2023/11/22/assassinadas-25-mulheres-em-portugal-desde-o-inicio-do-ano/
Amnesty International. 2023. “Amnesty International Report 2022/23: The state of the world’s human rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en
Assembleia da República. 2019. “Relatório sobre Racismo, Xenofobia e Discriminação Étnico-racial em Portugal.” https://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324679626d56304c334e706447567a4c31684a53556c4d5a5763765130394e4c7a464451554e455445637655306c4f5243394562324e31625756756447397a51574e3061585a705a47466bZa554e7662576c7a633246764c7a45335a6a637a4d4455784c574d305a5759744e47497a4e5331684e7a67314c574d78596a63355a6a526d595442684d6935775a47593d&fich=17f73051-c4ef-4b35-a785-c1b79f4fa0a2.pdf&Inline=true
CIG. 2023. “Aprovados os Planos de Ação 2023-2026 da ‘Estratégia Nacional para a Igualdade e a Não Discriminação – Portugal+Igual.’” https://www.cig.gov.pt/2023/06/aprovados-os-planos-de-acao-2023-2026-da-estrategia-nacional-para-a-igualdade-e-a-nao-discriminacao-portugaligual/?fbclid=IwAR1ertTlReGzapcHLo6k9bqlMPVDJWO__A7P80RPj_Ib5q99ScMjpKVhSeA
CPT. 2023a. “Report to the Portuguese Government on the periodic visit to Portugal carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).” https://rm.coe.int/1680adcb76
CPT. 2023b. “Response of the Portuguese Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Portugal.” https://rm.coe.int/1680adcb8d
Slovenia
Civil rights are codified in the constitution and legislation and are generally respected by state institutions. Oversight and advocacy institutions, such as the Human Rights Ombudsman, play a crucial role in upholding these rights. Established by the 1991 constitution, the Human Rights Ombudsman is an independent and autonomous authority widely respected by the public, with the first Ombudsman taking office in 1994. The Ombudsman’s annual reports are regularly presented to the National Assembly, and the government prepares responses to his findings, criticisms, and proposals.
The Advocate for the Principle of Equality, established in 2016, is less well known despite its numerous activities. This institution protects against discrimination in both the public and private sectors and, in certain cases, for legal entities. It informs, advises, and represents individuals who believe they have been discriminated against and assesses regulations for discriminatory practices.
V-Dem data indicates that civil liberties are generally highly respected in Slovenia, though there was a decline in 2020 and 2021, as noted by Amnesty International. The situation improved in 2022. Despite the existing legal framework, women still earn less than men for the same work, although Slovenia has one of the lowest gender pay gaps. Discrimination against same-sex couples has occurred, but there have been legal improvements. In 2022, the National Assembly amended legislation to legalize same-sex marriages and adoptions following a Constitutional Court ruling that restricting these rights to heterosexual couples was unconstitutional.
In 2023, after decades of debate and previous refusals to implement the law passed in 2021, the new Long-Term Care Act came into force to address the inadequate care services for Slovenia’s growing elderly population. The Ombudsman’s 2022 report was critical, highlighting an increase in the number of cases handled compared to pre-pandemic levels, though fewer than during the pandemic in 2020 and 2021. The report covered a wide range of civil rights issues and noted that Slovenian society is becoming more intolerant and desensitized to others, coinciding with a decline in social standards experienced by most citizens.
The Advocate for the Principle of Equality, established in 2016, is less well known despite its numerous activities. This institution protects against discrimination in both the public and private sectors and, in certain cases, for legal entities. It informs, advises, and represents individuals who believe they have been discriminated against and assesses regulations for discriminatory practices.
V-Dem data indicates that civil liberties are generally highly respected in Slovenia, though there was a decline in 2020 and 2021, as noted by Amnesty International. The situation improved in 2022. Despite the existing legal framework, women still earn less than men for the same work, although Slovenia has one of the lowest gender pay gaps. Discrimination against same-sex couples has occurred, but there have been legal improvements. In 2022, the National Assembly amended legislation to legalize same-sex marriages and adoptions following a Constitutional Court ruling that restricting these rights to heterosexual couples was unconstitutional.
In 2023, after decades of debate and previous refusals to implement the law passed in 2021, the new Long-Term Care Act came into force to address the inadequate care services for Slovenia’s growing elderly population. The Ombudsman’s 2022 report was critical, highlighting an increase in the number of cases handled compared to pre-pandemic levels, though fewer than during the pandemic in 2020 and 2021. The report covered a wide range of civil rights issues and noted that Slovenian society is becoming more intolerant and desensitized to others, coinciding with a decline in social standards experienced by most citizens.
Citations:
Amnesty International. 2023. “Amnesty International Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/
Human Rights Ombudsman. 2023. “Summary of the Work of the Human Rights Ombudsman of the Republic of Slovenia 2022.” https://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/LP_2022/Summary_of_the_work_of_the_Human_Rights_Ombudsman_of_the_Republic_of_Slovenia_for_2022.pdf
Republika Slovenia, Zagovornik načela enakosti. 2023. https://zagovornik.si
Varieties of Democracy. 2024. “Democracy Report.” https://v-dem.net/
Amnesty International. 2023. “Amnesty International Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/
Human Rights Ombudsman. 2023. “Summary of the Work of the Human Rights Ombudsman of the Republic of Slovenia 2022.” https://www.varuh-rs.si/fileadmin/user_upload/pdf/lp/LP_2022/Summary_of_the_work_of_the_Human_Rights_Ombudsman_of_the_Republic_of_Slovenia_for_2022.pdf
Republika Slovenia, Zagovornik načela enakosti. 2023. https://zagovornik.si
Varieties of Democracy. 2024. “Democracy Report.” https://v-dem.net/
Spain
Spanish state institutions generally respect and protect civil rights. According to the World Justice Project (WJP) Rule of Law Index, Spain is ranked 15th in protecting fundamental rights. Consequently, the rights guaranteed by the constitution and ordinary legislation are enforced. All individuals have equal access to justice and due process under the rule of law. Few infringements occur in practice, such as those concerning illegal immigrants. During the review period, Amnesty International accused Spain and Morocco of a cover-up for failing to properly investigate events at the border of the Spanish enclave of Melilla in 2022, when dozens of migrants and refugees died during a mass attempted crossing.
Courts provide effective protection, even if systematic delays and a lack of adequate resources – both human and technological – undermine this effectiveness to some degree. The legislation acknowledges the right to equal treatment and nondiscrimination for individuals, irrespective of nationality, age, legal status, or residency. Over the review period, there have been enhancements in the legal framework and policies aimed at preventing discrimination. Law 15/2022, enacted on July 12, 2022, is designed to ensure and promote the right to equal treatment and nondiscrimination while upholding the equal dignity of individuals.
The law explicitly prohibits discrimination based on factors such as birth, racial or ethnic origin, gender, religion, belief or opinion, age, disability, sexual orientation or identity, gender expression, illness or health condition, serological status, genetic predisposition to certain pathologies and disorders, language, socioeconomic status, or any other personal or social circumstance. Article 19 mandates public administrations to promote information and accessibility to justice for particularly vulnerable groups.
To guarantee accessible justice for people with disabilities, the Ministry of Justice promoted a website dedicated exclusively to accessible justice for these individuals. Linguistic minorities can use all the official languages before the courts of their autonomous communities. In 2023, a new government office, the Office for Combating Discrimination, was created within the State Agency for Labor and Social Security Inspection.
Courts provide effective protection, even if systematic delays and a lack of adequate resources – both human and technological – undermine this effectiveness to some degree. The legislation acknowledges the right to equal treatment and nondiscrimination for individuals, irrespective of nationality, age, legal status, or residency. Over the review period, there have been enhancements in the legal framework and policies aimed at preventing discrimination. Law 15/2022, enacted on July 12, 2022, is designed to ensure and promote the right to equal treatment and nondiscrimination while upholding the equal dignity of individuals.
The law explicitly prohibits discrimination based on factors such as birth, racial or ethnic origin, gender, religion, belief or opinion, age, disability, sexual orientation or identity, gender expression, illness or health condition, serological status, genetic predisposition to certain pathologies and disorders, language, socioeconomic status, or any other personal or social circumstance. Article 19 mandates public administrations to promote information and accessibility to justice for particularly vulnerable groups.
To guarantee accessible justice for people with disabilities, the Ministry of Justice promoted a website dedicated exclusively to accessible justice for these individuals. Linguistic minorities can use all the official languages before the courts of their autonomous communities. In 2023, a new government office, the Office for Combating Discrimination, was created within the State Agency for Labor and Social Security Inspection.
7
Austria
Civil rights are guaranteed by the constitution, and Austrian governments have observed these rules.
Systematic intimidation by authorities and unjust arrests or torture have had no place in Austrian postwar constitutional practice.
In the WJP Rule of Law Index for 2023, Austria ranks among the top 7% of the 142 countries surveyed. Specifically, Austria is in the top ten in terms of the effective enforcement of civil rights (10/142). Additionally, Austria is ranked among the top countries for keeping civil justice free from improper government influence (14/142). The country also received a favorable score for the low degree of corruption in civil justice, indicating a system free of bribery and improper influence by private interests (15/142).
The worst score (55/142 and 28/31 in the regional ranking) was received for the question of whether there were any alternative dispute resolution mechanisms that are affordable, fair, and efficient. The score concerning discrimination in civil justice – measuring whether the civil justice system discriminates in practice based on socioeconomic status, gender, ethnicity, religion, national origin, sexual orientation, or gender identity – was also less than fully satisfying (33/142).
Other sources also suggest there remains room for improvement. The 2022 – 2023 Amnesty International Report on human rights points out that the use of Strategic Litigation against Public Participation (SLAPPs) was “concerning” in Austria, as it is in countries such as Bosnia and Herzegovina, Bulgaria and Greece. The same report notes that “at several protests in the capital, Vienna, police prevented journalists from observing and reporting protests or failed to adequately protect them from attacks by protesters.” High fees for accessing courts also create a significant obstacle to the protection of civil rights for many social groups.
Discrimination issues have figured prominently over the years. Cases documented by various NGOs have shown members of the Austrian police to have used cruelty and violence in interactions with non-citizens, especially migrants without a residence permit. The overall impression is that in recent years and decades, the Austrian security apparatus – police and the military – has drifted somewhat to the right. Right-wing populist parties, especially the Freedom Party of Austria (FPÖ), instrumentalize social and economic anxieties among the broader population to blame migrants and refugees for various negative developments, ranging from crime to unemployment. Mainstream political parties have sometimes been reluctant to insist that the guarantees provided by human-rights declarations signed by Austria – for example, the Council of Europe’s Declaration of Human Rights – cover refugees and migrants and must be implemented without reservation.
Systematic intimidation by authorities and unjust arrests or torture have had no place in Austrian postwar constitutional practice.
In the WJP Rule of Law Index for 2023, Austria ranks among the top 7% of the 142 countries surveyed. Specifically, Austria is in the top ten in terms of the effective enforcement of civil rights (10/142). Additionally, Austria is ranked among the top countries for keeping civil justice free from improper government influence (14/142). The country also received a favorable score for the low degree of corruption in civil justice, indicating a system free of bribery and improper influence by private interests (15/142).
The worst score (55/142 and 28/31 in the regional ranking) was received for the question of whether there were any alternative dispute resolution mechanisms that are affordable, fair, and efficient. The score concerning discrimination in civil justice – measuring whether the civil justice system discriminates in practice based on socioeconomic status, gender, ethnicity, religion, national origin, sexual orientation, or gender identity – was also less than fully satisfying (33/142).
Other sources also suggest there remains room for improvement. The 2022 – 2023 Amnesty International Report on human rights points out that the use of Strategic Litigation against Public Participation (SLAPPs) was “concerning” in Austria, as it is in countries such as Bosnia and Herzegovina, Bulgaria and Greece. The same report notes that “at several protests in the capital, Vienna, police prevented journalists from observing and reporting protests or failed to adequately protect them from attacks by protesters.” High fees for accessing courts also create a significant obstacle to the protection of civil rights for many social groups.
Discrimination issues have figured prominently over the years. Cases documented by various NGOs have shown members of the Austrian police to have used cruelty and violence in interactions with non-citizens, especially migrants without a residence permit. The overall impression is that in recent years and decades, the Austrian security apparatus – police and the military – has drifted somewhat to the right. Right-wing populist parties, especially the Freedom Party of Austria (FPÖ), instrumentalize social and economic anxieties among the broader population to blame migrants and refugees for various negative developments, ranging from crime to unemployment. Mainstream political parties have sometimes been reluctant to insist that the guarantees provided by human-rights declarations signed by Austria – for example, the Council of Europe’s Declaration of Human Rights – cover refugees and migrants and must be implemented without reservation.
Citations:
Amnesty International. 2023. “Amnesty International International Report 2022/23. The State of the World’s Human Rights.” https://www.amnesty.org/en/wp-content/uploads/sites/9/2023/03/POL1056702023ARABIC.pdf
World Justice Project. 2023. “WJP Rule of Law Index: Austria.” https://worldjusticeproject.org/rule-of-law-index/country/2023/Austria
Amnesty International. 2023. “Amnesty International International Report 2022/23. The State of the World’s Human Rights.” https://www.amnesty.org/en/wp-content/uploads/sites/9/2023/03/POL1056702023ARABIC.pdf
World Justice Project. 2023. “WJP Rule of Law Index: Austria.” https://worldjusticeproject.org/rule-of-law-index/country/2023/Austria
Canada
The main protector of human and civil rights in Canada is the Charter of Rights and Freedoms, passed in 1982. It is enforceable by the courts, and the judiciary plays an important role in protecting these rights. However, these rights are not absolute, and a “notwithstanding” clause allows provincial governments to opt out of Charter protections, which they do fairly often. In recent years, that clause has been invoked more frequently by provincial governments – in this case, Ontario, Quebec, and Saskatchewan – a situation that has become a key source of political controversy in Canada. The Charter also only applies to relationships between citizens and governments and does not cover other areas of life, such as links between citizens and private businesses unless those links involve government, such as regulation or licensing, for example (Heritage Canada 2017).
Individuals and groups can bring legal challenges to contest laws, policies or government actions that they believe infringe on their civil rights. Courts provide a forum for these challenges and have the authority to strike down or modify laws that are inconsistent with the Charter.
The Charter guarantees fundamental freedoms such as freedom of expression, assembly, association, and religion. It also includes sections on equality rights, prohibiting discrimination on various grounds, including race, gender, religion, and sexual orientation. Courts play a crucial role in addressing cases of discrimination and interpreting the scope of equality rights to promote a more inclusive and equitable society.
However, none of these rights are absolute, and courts may limit them in accordance with practices they deem compatible with a free and democratic society. Other exemptions, in addition to the general notwithstanding clause cited above, also exist (Library of Parliament, 2018). Courts play a key role in enforcing and protecting these freedoms, ensuring that individuals can exercise their rights without undue interference. The judiciary, particularly the Supreme Court of Canada, is responsible for interpreting the Charter’s provisions. Judicial review of relevant statutes allows the courts to assess the constitutionality of laws, regulations, and government actions.
If a law or government decision is found to violate the rights and freedoms protected by the Charter, the courts have the power to declare it invalid or strike it down. Through its decisions, the court clarifies the meaning and scope of specific rights and freedoms. Remedies may include declarations of unconstitutionality, damages, or other measures aimed at rectifying the harm caused by the violation.
Individuals and groups can bring legal challenges to contest laws, policies or government actions that they believe infringe on their civil rights. Courts provide a forum for these challenges and have the authority to strike down or modify laws that are inconsistent with the Charter.
The Charter guarantees fundamental freedoms such as freedom of expression, assembly, association, and religion. It also includes sections on equality rights, prohibiting discrimination on various grounds, including race, gender, religion, and sexual orientation. Courts play a crucial role in addressing cases of discrimination and interpreting the scope of equality rights to promote a more inclusive and equitable society.
However, none of these rights are absolute, and courts may limit them in accordance with practices they deem compatible with a free and democratic society. Other exemptions, in addition to the general notwithstanding clause cited above, also exist (Library of Parliament, 2018). Courts play a key role in enforcing and protecting these freedoms, ensuring that individuals can exercise their rights without undue interference. The judiciary, particularly the Supreme Court of Canada, is responsible for interpreting the Charter’s provisions. Judicial review of relevant statutes allows the courts to assess the constitutionality of laws, regulations, and government actions.
If a law or government decision is found to violate the rights and freedoms protected by the Charter, the courts have the power to declare it invalid or strike it down. Through its decisions, the court clarifies the meaning and scope of specific rights and freedoms. Remedies may include declarations of unconstitutionality, damages, or other measures aimed at rectifying the harm caused by the violation.
Citations:
Library of Parliament. 2018. “The Notwithstanding Clause of the Charter: Background Paper.” Marc-André Roy, Legal and Social Affairs Division Laurence Brosseau, Legal and Social Affairs Division, Publication No. 2018-17-E.
Canadian Heritage. 2017. “Guide to the Canadian Charter of Rights and Freedoms.” https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html
Library of Parliament. 2018. “The Notwithstanding Clause of the Charter: Background Paper.” Marc-André Roy, Legal and Social Affairs Division Laurence Brosseau, Legal and Social Affairs Division, Publication No. 2018-17-E.
Canadian Heritage. 2017. “Guide to the Canadian Charter of Rights and Freedoms.” https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html
Czechia
The government and administration respect and protect citizens’ basic civil rights. However, complaints lodged with the European Court of Human Rights and the Office of the Public Defender of Rights (Ombudsman) indicate concerns about lengthy legal proceedings. The protection of crime victims, especially children who often experience secondary victimization during investigations and prosecutions, remains a significant issue. Additionally, standards of psychiatric care are notably below EU levels.
The Czech legal system guarantees equal access to work, education, and social services, with no official discrimination based on gender, race, religion, or social origin. However, discrimination based on gender, sexual orientation, and ethnicity persists, often manifesting as bias or social norms. A large part of the political spectrum has shown little concern for countering negative or discriminatory attitudes. A significant gender pay gap results in lower pensions and a higher risk of poverty for women. Half of the Roma population lives in social exclusion, and societal perception of the Roma remains strongly negative. Increased electoral participation in Roma-dominated districts during the 2023 presidential elections led to unfounded and unproven accusations of vote buying.
A major case before the Constitutional Court in 2022 concerned the rights of transgender individuals to legally change their sex without undergoing gender reassignment surgery. The court denied the request of a trans citizen, although two Constitutional Court judges filed dissenting opinions.
The Czech legal system guarantees equal access to work, education, and social services, with no official discrimination based on gender, race, religion, or social origin. However, discrimination based on gender, sexual orientation, and ethnicity persists, often manifesting as bias or social norms. A large part of the political spectrum has shown little concern for countering negative or discriminatory attitudes. A significant gender pay gap results in lower pensions and a higher risk of poverty for women. Half of the Roma population lives in social exclusion, and societal perception of the Roma remains strongly negative. Increased electoral participation in Roma-dominated districts during the 2023 presidential elections led to unfounded and unproven accusations of vote buying.
A major case before the Constitutional Court in 2022 concerned the rights of transgender individuals to legally change their sex without undergoing gender reassignment surgery. The court denied the request of a trans citizen, although two Constitutional Court judges filed dissenting opinions.
France
Civil rights and political liberties are in principle well protected in France. This was not always the case: Until the 1980s, France’s record in this area was more mediocre. Since that time, however, France’s judicial system has become a reliable defender of civil rights. The Constitutional Court unilaterally extended its competence to the protection of civil liberties in a famous ruling in 1971. The European Court of Justice and, more importantly, the European Court of Human Rights have played an active role in this process, and the growing independence of the judiciary has helped this evolution.
There have been several critical debates in recent years nonetheless. Following the terrorist attacks of 13 November 2015, the government enacted a state of emergency that allowed for house searches and house arrests, among other elements. The state of emergency was regularly extended until 2017, when several critical measures were voted into law and thus extended indefinitely. A new anti-terrorism bill in 2021 moreover curtailed the scope of data privacy.
Many issues regarding civil liberties came back to the forefront of public debate during the pandemic. While there was quite a bit of debate, the vast majority of the population was ultimately supportive of restrictions such as distancing, mask mandates and curfews. Although some parties and other political actors voiced opposition, this was not comparable to the protests mounted in Germany or the Netherlands.
Finally, a recurring debate in French society concerns the role of religion in the public space. A law from 1905 establishes the principle of separation (laïcité). In recent years, this law has been regularly questioned as debates have emerged concerning headscarves, halal food and other religious signifiers, especially in public schools. With little or no exception, this debate concerns the Muslim population. In this context, and more generally, Amnesty International has reported that “racial and religious discrimination persisted, especially targeting Muslim individuals and associations” and blamed “excessive use of force by police continued without accountability” (Amnesty International 2023).
There have been several critical debates in recent years nonetheless. Following the terrorist attacks of 13 November 2015, the government enacted a state of emergency that allowed for house searches and house arrests, among other elements. The state of emergency was regularly extended until 2017, when several critical measures were voted into law and thus extended indefinitely. A new anti-terrorism bill in 2021 moreover curtailed the scope of data privacy.
Many issues regarding civil liberties came back to the forefront of public debate during the pandemic. While there was quite a bit of debate, the vast majority of the population was ultimately supportive of restrictions such as distancing, mask mandates and curfews. Although some parties and other political actors voiced opposition, this was not comparable to the protests mounted in Germany or the Netherlands.
Finally, a recurring debate in French society concerns the role of religion in the public space. A law from 1905 establishes the principle of separation (laïcité). In recent years, this law has been regularly questioned as debates have emerged concerning headscarves, halal food and other religious signifiers, especially in public schools. With little or no exception, this debate concerns the Muslim population. In this context, and more generally, Amnesty International has reported that “racial and religious discrimination persisted, especially targeting Muslim individuals and associations” and blamed “excessive use of force by police continued without accountability” (Amnesty International 2023).
Citations:
Peretti-Watel, Patrick, et al. 2020. “The French General Population’s Attitudes toward Lockdown against COVID-19: A Fragile Consensus.” BMC Public Health 20 (1): 1-8.
Amnesty International. 2023. “Amnesty International Report 2022/23, France report.” https://www.amnesty.org/en/latest/research/2023/02/amnesty-international-report-2022-23
https://www.amnesty.org/en/location/europe-and-central-asia/france/report-france/
Peretti-Watel, Patrick, et al. 2020. “The French General Population’s Attitudes toward Lockdown against COVID-19: A Fragile Consensus.” BMC Public Health 20 (1): 1-8.
Amnesty International. 2023. “Amnesty International Report 2022/23, France report.” https://www.amnesty.org/en/latest/research/2023/02/amnesty-international-report-2022-23
https://www.amnesty.org/en/location/europe-and-central-asia/france/report-france/
Greece
The Greek constitution ensures equality before the law (Article 4) and guarantees personal liberty, the right to life and security, protection from torture and inhumane treatment, and the right to privacy (Articles 5–9).
Citizens in Greece generally do not face significant constraints on the realization of their civil rights. They have access to civil courts and can afford legal representation.
A public debate is ongoing in 2023–2024 regarding the legalization of same-sex marriage. The government is preparing a bill to legalize such marriages, though it will limit childbearing options for homosexual couples (e.g., prohibiting surrogacy). Opposition to the bill has been expressed by the Greek Orthodox Church, far-right parties, and some MPs from the ruling party, but the government remains committed to legislating on this issue (Associated Press, 2023).
Since mid-2022, allegations of privacy violations have emerged, particularly concerning the wiretapping of journalists covering immigration and politicians, including ruling party officials and an opposition leader. Greece’s National Intelligence Service has been implicated, and the government denies responsibility, though investigations by prosecuting authorities are ongoing.
While civil rights are generally respected in Greece, there are chronic delays in the administration of justice, even in less sensitive civil law cases. International assessments reflect these issues, with Greece ranking 49th out of 140 countries in the World Justice Project’s Rule of Law Index (2022). Amnesty International (2023) has also reported instances of excessive force used by police, particularly against Roma minority suspects.
Citizens in Greece generally do not face significant constraints on the realization of their civil rights. They have access to civil courts and can afford legal representation.
A public debate is ongoing in 2023–2024 regarding the legalization of same-sex marriage. The government is preparing a bill to legalize such marriages, though it will limit childbearing options for homosexual couples (e.g., prohibiting surrogacy). Opposition to the bill has been expressed by the Greek Orthodox Church, far-right parties, and some MPs from the ruling party, but the government remains committed to legislating on this issue (Associated Press, 2023).
Since mid-2022, allegations of privacy violations have emerged, particularly concerning the wiretapping of journalists covering immigration and politicians, including ruling party officials and an opposition leader. Greece’s National Intelligence Service has been implicated, and the government denies responsibility, though investigations by prosecuting authorities are ongoing.
While civil rights are generally respected in Greece, there are chronic delays in the administration of justice, even in less sensitive civil law cases. International assessments reflect these issues, with Greece ranking 49th out of 140 countries in the World Justice Project’s Rule of Law Index (2022). Amnesty International (2023) has also reported instances of excessive force used by police, particularly against Roma minority suspects.
Citations:
Amnesty International. 2023. “Greece.” https://www.amnesty.org/en/location/europe-and-central-asia/greece/
Associated Press. 2023. “Greek Government Says it Stands By Same-Sex Marriage Even After Opposition by the Church.” https://apnews.com/article/greece-lgbtq-marriage-orthodox-church-d13cd46d593fad0d7becedee0b0df340
World Justice Project. 2022. “Greece.” Factor 7 – Civil Justice. https://worldjusticeproject.org/rule-of-law-index/factors/2022/Greece/Civil%20Justice/
Amnesty International. 2023. “Greece.” https://www.amnesty.org/en/location/europe-and-central-asia/greece/
Associated Press. 2023. “Greek Government Says it Stands By Same-Sex Marriage Even After Opposition by the Church.” https://apnews.com/article/greece-lgbtq-marriage-orthodox-church-d13cd46d593fad0d7becedee0b0df340
World Justice Project. 2022. “Greece.” Factor 7 – Civil Justice. https://worldjusticeproject.org/rule-of-law-index/factors/2022/Greece/Civil%20Justice/
Ireland
The national legal and constitutional system in Ireland guarantees the protection of civil rights. However, financial constraints and an inadequate free legal advice scheme hinder full access to justice, limiting it by resources, knowledge, education and capacity (Liberties Report 2022). Various CSOs and QUANGOs play a crucial role in protecting and advancing civil rights, including the Irish Human Rights and Equality Commission (IHREC), which reports directly to the United Nations International Convention on Civil and Political Rights and the Fundamental Rights Agency (where Ireland currently holds the chair role), the Free Legal Aid Centers (FLAC), the Irish Council for Civil Liberties, Amnesty International and the Coolock Community Law Centre (which hosts an Environmental Law Officer).
These institutions use the courts to safeguard personal liberty against both state and non-state actors, including rights such as the right to life and security, prohibition of torture and inhumane treatment or punishment, protection of privacy, equality before the law, equal access to justice and due process under the rule of law, such as protection against arbitrary imprisonment without due process. The Good Friday Agreement (1998) proposed a Bill of Rights to advance civil and political rights on the island of Ireland, but this still awaits drafting and implementation.
State actors, including the State Solicitor’s Office, the Office of the Attorney General and IHREC, demonstrate respect for civil rights and effectively safeguard them by identifying, prosecuting and punishing violations. However, policies implemented by state institutions are limited in preventing discrimination based on factors such as gender, identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views or religion. An IHREC assessment (2022) found that more can be done by statutory bodies to address their obligations and public duty to advance equality and human rights. Positive discrimination measures, such as gender candidate quotas, are in use, but there are few special representation rights or autonomy rights protecting disadvantaged individuals or minority groups. The 2023 Enhanced Capacity Bill protects the autonomy of those with restricted decision-making capacity and is currently being enforced.
The UN Human Rights Commission (HRC) has found inadequacies in redress schemes for women and children who had resided in or been confined to state-funded institutions, and for women subjected to surgical procedures during childbirth without their informed consent (Amnesty International, 2023). Additionally, the UN HRC has noted concerns related to access to adequate housing, including for Ukrainians and other refugees, the criminalization of sex work, sexual and reproductive rights, mass surveillance by law enforcement, and limits on donations to advocacy and rights organizations.
These institutions use the courts to safeguard personal liberty against both state and non-state actors, including rights such as the right to life and security, prohibition of torture and inhumane treatment or punishment, protection of privacy, equality before the law, equal access to justice and due process under the rule of law, such as protection against arbitrary imprisonment without due process. The Good Friday Agreement (1998) proposed a Bill of Rights to advance civil and political rights on the island of Ireland, but this still awaits drafting and implementation.
State actors, including the State Solicitor’s Office, the Office of the Attorney General and IHREC, demonstrate respect for civil rights and effectively safeguard them by identifying, prosecuting and punishing violations. However, policies implemented by state institutions are limited in preventing discrimination based on factors such as gender, identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views or religion. An IHREC assessment (2022) found that more can be done by statutory bodies to address their obligations and public duty to advance equality and human rights. Positive discrimination measures, such as gender candidate quotas, are in use, but there are few special representation rights or autonomy rights protecting disadvantaged individuals or minority groups. The 2023 Enhanced Capacity Bill protects the autonomy of those with restricted decision-making capacity and is currently being enforced.
The UN Human Rights Commission (HRC) has found inadequacies in redress schemes for women and children who had resided in or been confined to state-funded institutions, and for women subjected to surgical procedures during childbirth without their informed consent (Amnesty International, 2023). Additionally, the UN HRC has noted concerns related to access to adequate housing, including for Ukrainians and other refugees, the criminalization of sex work, sexual and reproductive rights, mass surveillance by law enforcement, and limits on donations to advocacy and rights organizations.
Citations:
Civil Liberties Union for Europe. 2022. “Liberties Rule of Law Report 2022 Ireland.” https://www.iccl.ie/wp-content/uploads/2022/02/IRELAND_Rule-of-Law-Report_2022.pdf
IHREC. 2023. “Annual Report 2022.” https://www.ihrec.ie/documents/annual-report-2022/
Amnesty International. 2023. Amnesty International Report 2022/23: The State of the World’s Human Rights.
Civil Liberties Union for Europe. 2022. “Liberties Rule of Law Report 2022 Ireland.” https://www.iccl.ie/wp-content/uploads/2022/02/IRELAND_Rule-of-Law-Report_2022.pdf
IHREC. 2023. “Annual Report 2022.” https://www.ihrec.ie/documents/annual-report-2022/
Amnesty International. 2023. Amnesty International Report 2022/23: The State of the World’s Human Rights.
Lithuania
Lithuania is a democracy in which political rights and civil liberties are generally respected. Gaining Lithuanian citizenship is relatively easy for all residents, and civil rights are officially protected by the constitution and other legislative provisions. However, some issues affect the effective protection of citizens’ rights. According to the U.S. Department of State’s 2022 Human Rights report, Lithuania’s most significant human rights problems include poor prison conditions and inadequate conditions in foreigner registration centers for irregular migrants who have crossed the country’s border with Belarus. Similar criticism was made by Amnesty International in its 2022 report on Lithuania. It noted that while refugees from Ukraine were welcomed and assisted, “other refugees and migrants were forcibly returned to Belarus or arbitrarily detained, denied access to asylum, and in some cases, subjected to torture and other ill-treatment.” It also highlighted that same-sex unions had still not been legalized.
Lithuanian authorities seek to prosecute or otherwise punish officials who commit abuses, and Lithuanian courts provide legal protection against illegitimate or unjustifiable interventions in personal life. As noted by the U.S. Department of State, “the government had mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corruption.” In the 2022 Freedom House report, Lithuania received a score of 51 out of 60 in the category of civil liberties. The report highlighted that “women, LGBT+ people, members of the Romany minority and some other groups experienced varying degrees of discrimination and under-representation in politics.”
The World Justice Project Rule of Law 2023 report ranked Lithuania seventh out of 142 countries in terms of the accessibility and affordability of civil courts for the general public. It also ranked Lithuania as high as fourth place regarding civil justice being free of discrimination based on socioeconomic status, gender, ethnicity, religion, national origin, sexual orientation or gender identity. Lithuania was ranked eighth in terms of the effectiveness of civil justice enforcement and 18th regarding civil justice being free of improper government or political influence.
Lithuanian authorities seek to prosecute or otherwise punish officials who commit abuses, and Lithuanian courts provide legal protection against illegitimate or unjustifiable interventions in personal life. As noted by the U.S. Department of State, “the government had mechanisms in place to identify and punish officials who may commit human rights abuses or engage in corruption.” In the 2022 Freedom House report, Lithuania received a score of 51 out of 60 in the category of civil liberties. The report highlighted that “women, LGBT+ people, members of the Romany minority and some other groups experienced varying degrees of discrimination and under-representation in politics.”
The World Justice Project Rule of Law 2023 report ranked Lithuania seventh out of 142 countries in terms of the accessibility and affordability of civil courts for the general public. It also ranked Lithuania as high as fourth place regarding civil justice being free of discrimination based on socioeconomic status, gender, ethnicity, religion, national origin, sexual orientation or gender identity. Lithuania was ranked eighth in terms of the effectiveness of civil justice enforcement and 18th regarding civil justice being free of improper government or political influence.
Citations:
U.S. Department of State. 2022. “Country Reports on Human Rights Practices: Lithuania.” https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/lithuania
Freedom House. 2023. “Freedom in the World 2023: Lithuania.” https://freedomhouse.org/country/lithuania/freedom-world/2023
World Justice Project. 2023. “Rule of Law Index 2023, Lithuania.” https://worldjusticeproject.org/rule-of-law-index/factors/2023/Lithuania/Civil%20Justice
U.S. Department of State. 2022. “Country Reports on Human Rights Practices: Lithuania.” https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/lithuania
Freedom House. 2023. “Freedom in the World 2023: Lithuania.” https://freedomhouse.org/country/lithuania/freedom-world/2023
World Justice Project. 2023. “Rule of Law Index 2023, Lithuania.” https://worldjusticeproject.org/rule-of-law-index/factors/2023/Lithuania/Civil%20Justice
Switzerland
Civil rights are guaranteed by the constitution. However, the country does not have a classic constitutional court able to monitor the conformity of federal laws with the constitution outside the context of a particular case. Federal laws are binding for the federal courts. In contrast, the Federal Supreme Court in Lausanne monitors the conformity of federal regulations and cantonal laws with the constitution. With respect to basic civil rights, the European Court of Human Rights complements the Swiss Federal Supreme Court.
In December 2012, a parliamentary attempt to give the Federal Supreme Court the right to abstain from applying federal law if the federal law was incompatible with the constitution failed. The main argument was that in a direct democracy, the constitutional court should not be authorized to declare federal laws void as a whole (see also above D7.1).
Conflicts between human rights and direct democracy have emerged, particularly in recent years. One such concern was represented by the successful 2004 popular initiative providing for the life imprisonment of particularly dangerous criminal offenders without any opportunity for reexamination. This conflicts with the European Convention for the Protection of Human Rights and Fundamental Freedoms. This convention guarantees periodic reviews in which the necessity for continued imprisonment can be evaluated.
Likewise, there have been conflicts between popular votes at the local and cantonal levels on naturalization and the call by foreign-born individuals for fair and transparent treatment and the opportunity to appeal naturalization decisions. Some observers have argued that the current naturalization procedure fails to conform to the human rights standards set out in the constitution. The Federal Supreme Court decided in 2003 that naturalization procedures previously established by popular vote were unconstitutional, since they violated constitutional norms of non-discrimination and the right to a lawful legal procedure.
The ban on the construction of minarets, approved in a popular vote in 2009, represents a particularly problematic decision. The basic claim of proponents was that minarets signify the potential aggression and power claims of Islam, which in turn need to be suppressed as a strategy for keeping the peace. However, it is evident that the popular initiative was clearly aimed against Islam and the Islamization of Europe. Legal scholars tend to argue that the text of the measure violated the freedom of worship and the non-discrimination rule. Another initiative launched by the People’s Party, the text of which prohibited Muslim women from covering their faces in public, was approved by the public in June 2021. Once again, Muslims were targeted, and their right to self-determination was undermined or even completely eliminated.
The approval in 2009 of an initiative to deport foreign criminals is also seen as problematic in terms of respect for fundamental rights. Finally, several measures passed via popular vote have contradicted international law, such as the 2014 initiative on stopping mass immigration. This was not compatible with Switzerland’s commitment to the free movement of persons as made in its bilateral agreements with the EU. Parliament therefore decided not to implement the constitutional provision directly (Armingeon and Lutz 2020, 2022).
The major underlying problem is the claim by many political actors that the people have an unrestricted right to decide any matter through popular vote. This conflicts with the basic rule of any liberal democracy that there are limitations to the will of the majority, such as human rights standards and protections for minorities. Switzerland’s public debate on the limits to majority rule (via popular vote) shows little cognizance of these traditional limitations to majoritarian rule. This has become very obvious in recent debates over the conflicts between international law and Swiss citizens’ decision-making rights in popular votes.
Although anxiety over the ebbing of popular sovereignty extends beyond conservatives, this latter group in particular feels uneasy with the internationalization of law and some recent interpretations of human rights that have been made by professional lawyers. In the right-wing populist and conservative view, the internationalization of law and international court rulings against the results of Swiss referendums contradict Switzerland’s legislative culture, which is characterized by the principle of subsidiarity and guided by the idea that popular decisions have the highest degree of legitimacy. Consequently, in the summer of 2016, the country’s strongest political party, the Swiss People’s Party, collected sufficient signatures for an initiative aiming to give federal law precedence over international law. This initiative was rejected on 25 November 2018. On the other hand, the Federal Constitutional Court has generally assumed (with exceptions) the primacy of international law (Flick Witzig et al. 2022: 223).
Switzerland has proved to be particularly resilient with regard to upholding political rights and democratic standards. The Pandemic Violations of Democratic Standards Index by the V-Dem project ranks Switzerland second out of 144 countries regarding non-violations of democratic standards during the pandemic (measured for the March 2020 – June 2021 period) (Edgell et al. 2021, 2022).
However, the approval in June 2021 of the Federal Act on Police Measures to Combat Terrorism represents an additional threat to civil rights in Switzerland. This law gives the federal police (Fedpol) the power to implement several types of preventive measures, without any judicial decision, in order to prevent a “potential terrorist” from acting in the future. What or who exactly is considered a terrorist is not defined clearly within the framework of the law, which opens the door to potential abuses. In addition, the measure directly targets children beginning from the age of 12, in violation of the rights of children enshrined in the Convention on the Rights of the Child. The preventive measures include electronic monitoring, a contact ban, a perimeter ban and house arrest. The bar association of the canton of Geneva released a statement opposing this law (2021), arguing that it represents a clear violation of many fundamental rights as well as international conventions including the UN Convention on the Rights of the Child and the European Convention on Human Rights. Many human rights associations, such as Amnesty International, have also explicitly opposed the law and highlighted its threat to civil liberties, activism and basic human rights.
Still on the topic of breaches of human rights, several NGOs have criticized the criminalization of protests and civil disobedience in Switzerland – including those related to climate activism. This relates to restrictive laws on protest authorization as well as excessive police repression (Amnesty International 2023; Humanrights.ch 2023). Another matter of concern is the structural racism and institutional discrimination that persists in Switzerland, which have been comprehensively documented by several studies conducted on behalf of the Service for Combating Racism, a Federal Ministry of Home Affairs project (e.g., Mugglin et al. 2022). A comprehensive review of 304 empirical studies across a large array of policy fields in Switzerland has found “clear indications of institutional and structural discrimination” in the fields of work, housing, administrative procedures and naturalization, as well as in social protection, policing and the justice system to a certain extent (Mugglin et al. 2022: 50).
In December 2012, a parliamentary attempt to give the Federal Supreme Court the right to abstain from applying federal law if the federal law was incompatible with the constitution failed. The main argument was that in a direct democracy, the constitutional court should not be authorized to declare federal laws void as a whole (see also above D7.1).
Conflicts between human rights and direct democracy have emerged, particularly in recent years. One such concern was represented by the successful 2004 popular initiative providing for the life imprisonment of particularly dangerous criminal offenders without any opportunity for reexamination. This conflicts with the European Convention for the Protection of Human Rights and Fundamental Freedoms. This convention guarantees periodic reviews in which the necessity for continued imprisonment can be evaluated.
Likewise, there have been conflicts between popular votes at the local and cantonal levels on naturalization and the call by foreign-born individuals for fair and transparent treatment and the opportunity to appeal naturalization decisions. Some observers have argued that the current naturalization procedure fails to conform to the human rights standards set out in the constitution. The Federal Supreme Court decided in 2003 that naturalization procedures previously established by popular vote were unconstitutional, since they violated constitutional norms of non-discrimination and the right to a lawful legal procedure.
The ban on the construction of minarets, approved in a popular vote in 2009, represents a particularly problematic decision. The basic claim of proponents was that minarets signify the potential aggression and power claims of Islam, which in turn need to be suppressed as a strategy for keeping the peace. However, it is evident that the popular initiative was clearly aimed against Islam and the Islamization of Europe. Legal scholars tend to argue that the text of the measure violated the freedom of worship and the non-discrimination rule. Another initiative launched by the People’s Party, the text of which prohibited Muslim women from covering their faces in public, was approved by the public in June 2021. Once again, Muslims were targeted, and their right to self-determination was undermined or even completely eliminated.
The approval in 2009 of an initiative to deport foreign criminals is also seen as problematic in terms of respect for fundamental rights. Finally, several measures passed via popular vote have contradicted international law, such as the 2014 initiative on stopping mass immigration. This was not compatible with Switzerland’s commitment to the free movement of persons as made in its bilateral agreements with the EU. Parliament therefore decided not to implement the constitutional provision directly (Armingeon and Lutz 2020, 2022).
The major underlying problem is the claim by many political actors that the people have an unrestricted right to decide any matter through popular vote. This conflicts with the basic rule of any liberal democracy that there are limitations to the will of the majority, such as human rights standards and protections for minorities. Switzerland’s public debate on the limits to majority rule (via popular vote) shows little cognizance of these traditional limitations to majoritarian rule. This has become very obvious in recent debates over the conflicts between international law and Swiss citizens’ decision-making rights in popular votes.
Although anxiety over the ebbing of popular sovereignty extends beyond conservatives, this latter group in particular feels uneasy with the internationalization of law and some recent interpretations of human rights that have been made by professional lawyers. In the right-wing populist and conservative view, the internationalization of law and international court rulings against the results of Swiss referendums contradict Switzerland’s legislative culture, which is characterized by the principle of subsidiarity and guided by the idea that popular decisions have the highest degree of legitimacy. Consequently, in the summer of 2016, the country’s strongest political party, the Swiss People’s Party, collected sufficient signatures for an initiative aiming to give federal law precedence over international law. This initiative was rejected on 25 November 2018. On the other hand, the Federal Constitutional Court has generally assumed (with exceptions) the primacy of international law (Flick Witzig et al. 2022: 223).
Switzerland has proved to be particularly resilient with regard to upholding political rights and democratic standards. The Pandemic Violations of Democratic Standards Index by the V-Dem project ranks Switzerland second out of 144 countries regarding non-violations of democratic standards during the pandemic (measured for the March 2020 – June 2021 period) (Edgell et al. 2021, 2022).
However, the approval in June 2021 of the Federal Act on Police Measures to Combat Terrorism represents an additional threat to civil rights in Switzerland. This law gives the federal police (Fedpol) the power to implement several types of preventive measures, without any judicial decision, in order to prevent a “potential terrorist” from acting in the future. What or who exactly is considered a terrorist is not defined clearly within the framework of the law, which opens the door to potential abuses. In addition, the measure directly targets children beginning from the age of 12, in violation of the rights of children enshrined in the Convention on the Rights of the Child. The preventive measures include electronic monitoring, a contact ban, a perimeter ban and house arrest. The bar association of the canton of Geneva released a statement opposing this law (2021), arguing that it represents a clear violation of many fundamental rights as well as international conventions including the UN Convention on the Rights of the Child and the European Convention on Human Rights. Many human rights associations, such as Amnesty International, have also explicitly opposed the law and highlighted its threat to civil liberties, activism and basic human rights.
Still on the topic of breaches of human rights, several NGOs have criticized the criminalization of protests and civil disobedience in Switzerland – including those related to climate activism. This relates to restrictive laws on protest authorization as well as excessive police repression (Amnesty International 2023; Humanrights.ch 2023). Another matter of concern is the structural racism and institutional discrimination that persists in Switzerland, which have been comprehensively documented by several studies conducted on behalf of the Service for Combating Racism, a Federal Ministry of Home Affairs project (e.g., Mugglin et al. 2022). A comprehensive review of 304 empirical studies across a large array of policy fields in Switzerland has found “clear indications of institutional and structural discrimination” in the fields of work, housing, administrative procedures and naturalization, as well as in social protection, policing and the justice system to a certain extent (Mugglin et al. 2022: 50).
Citations:
Amnesty International. 2023. “https://www.amnesty.ch/fr/themes/droit-de-manifester/docs/2023/amnesty-lance-une-nouvelle-campagne”
Amnesty International. 2021. “Ordonnance relative à la Loi sur les mesures policières (MPT): une surveillance encore plus intrusive.” https://www.amnesty.ch/fr/pays/europe-asie-centrale/suisse/docs/2021/ordonnance-relative-a-la-loi-sur-les-mesures-policieres-mpt-une-surveillance-encore-plus-intrusive
Armingeon, Klaus, and Philipp Lutz. 2022. “Citizens’ Response to a Non-Responsive Government: The Case of the Swiss Initiative on Mass Immigration.” Comparative European Politics. https://doi.org/10.1057/s41295-022-00306-4
Armingeon, Klaus, and Philipp Lutz. 2020. “Muddling between Responsiveness and Responsibility: The Swiss Case of a Non-implementation of a Constitutional Rule.” Comparative European Politics 18: 256-280. https://doi.org/10.1057/s41295-019-00185-2
Edgell, Amanda B., Jean Lachapelle, Anna Lührmann, Seraphine F. Maerz, Sandra Grahn, Palina Kolvani, Ana Flavia Good God, Martin Lundstedt, Natalia Natsika, Shreeya Pillai, Paul Bederke, Milene Bruhn, Stefanie Kaiser, Cristina Schaver, Abdalhadi Alijla, Tiago Fernandes, Hans Tung, Matthew Wilson, and Staffan I. Lindberg. 2022. “Pandemic Backsliding: Democracy During Covid-19 (PanDem), Version 6.” Varieties of Democracy (V-Dem) Institute. www.v-dem.net/en/our-work/research-projects/pandemic-backsliding/
Edgell, Amanda B., Jean Lachapelle, and Anna Lührmann. 2021. “Pandemic Backsliding: Violations of Democratic Standards During Covid-19.” Social Science & Medicine 285: 114244. https://www.sciencedirect.com/science/article/pii/S0277953621005761
Flick Witzig, Martina, Rothmayr Allison, Christine, and Varone, Frédéric. 2023. “Judicial System.” In The Oxford Handbook of Swiss Politics, eds. Patrick Emmenegger, Flavia Fossati, Silja Häusermann, Yannis Papadopoulos, Pascal Sciarini, and Adrian Vatter. Oxford: Oxford University Press, 214–232. https://doi.org/10.1093/oxfordhb/9780192871787.013.11.
Humanrights.ch. 2023. “https://www.humanrights.ch/fr/pfi/droits-humains/police/dossier-police/focus/?search=1”
Moekli, Daniel. 2011. “Of Minarets and Foreign Criminals: Swiss Direct Democracy and Human Rights.” Human Rights Law Review 11 (4): 774–794. https://doi.org/10.1093/hrlr/ngr02
Leonie Mugglin, Denise Efionayi, Didier Ruedin, and Gianni D’Amato. 2022. Racisme structurel en Suisse: un état des lieux de la recherche et de ses résultats. SFM Studies #81f, University of Neuchâtel.
Ordre des Avocats de Genève. 2021. “Prise de position contre la Loi la fédérale sur les mesures policières de lutte contre le terrorisme (MPT).” https://www.odage.ch/medias/documents/determination-oda/2021.05.12_Prise_de_position_MPT.pdf
Amnesty International. 2023. “https://www.amnesty.ch/fr/themes/droit-de-manifester/docs/2023/amnesty-lance-une-nouvelle-campagne”
Amnesty International. 2021. “Ordonnance relative à la Loi sur les mesures policières (MPT): une surveillance encore plus intrusive.” https://www.amnesty.ch/fr/pays/europe-asie-centrale/suisse/docs/2021/ordonnance-relative-a-la-loi-sur-les-mesures-policieres-mpt-une-surveillance-encore-plus-intrusive
Armingeon, Klaus, and Philipp Lutz. 2022. “Citizens’ Response to a Non-Responsive Government: The Case of the Swiss Initiative on Mass Immigration.” Comparative European Politics. https://doi.org/10.1057/s41295-022-00306-4
Armingeon, Klaus, and Philipp Lutz. 2020. “Muddling between Responsiveness and Responsibility: The Swiss Case of a Non-implementation of a Constitutional Rule.” Comparative European Politics 18: 256-280. https://doi.org/10.1057/s41295-019-00185-2
Edgell, Amanda B., Jean Lachapelle, Anna Lührmann, Seraphine F. Maerz, Sandra Grahn, Palina Kolvani, Ana Flavia Good God, Martin Lundstedt, Natalia Natsika, Shreeya Pillai, Paul Bederke, Milene Bruhn, Stefanie Kaiser, Cristina Schaver, Abdalhadi Alijla, Tiago Fernandes, Hans Tung, Matthew Wilson, and Staffan I. Lindberg. 2022. “Pandemic Backsliding: Democracy During Covid-19 (PanDem), Version 6.” Varieties of Democracy (V-Dem) Institute. www.v-dem.net/en/our-work/research-projects/pandemic-backsliding/
Edgell, Amanda B., Jean Lachapelle, and Anna Lührmann. 2021. “Pandemic Backsliding: Violations of Democratic Standards During Covid-19.” Social Science & Medicine 285: 114244. https://www.sciencedirect.com/science/article/pii/S0277953621005761
Flick Witzig, Martina, Rothmayr Allison, Christine, and Varone, Frédéric. 2023. “Judicial System.” In The Oxford Handbook of Swiss Politics, eds. Patrick Emmenegger, Flavia Fossati, Silja Häusermann, Yannis Papadopoulos, Pascal Sciarini, and Adrian Vatter. Oxford: Oxford University Press, 214–232. https://doi.org/10.1093/oxfordhb/9780192871787.013.11.
Humanrights.ch. 2023. “https://www.humanrights.ch/fr/pfi/droits-humains/police/dossier-police/focus/?search=1”
Moekli, Daniel. 2011. “Of Minarets and Foreign Criminals: Swiss Direct Democracy and Human Rights.” Human Rights Law Review 11 (4): 774–794. https://doi.org/10.1093/hrlr/ngr02
Leonie Mugglin, Denise Efionayi, Didier Ruedin, and Gianni D’Amato. 2022. Racisme structurel en Suisse: un état des lieux de la recherche et de ses résultats. SFM Studies #81f, University of Neuchâtel.
Ordre des Avocats de Genève. 2021. “Prise de position contre la Loi la fédérale sur les mesures policières de lutte contre le terrorisme (MPT).” https://www.odage.ch/medias/documents/determination-oda/2021.05.12_Prise_de_position_MPT.pdf
UK
The UK does not have a written constitution that defines civil rights. However, the Human Rights Act of 1998 and adherence to the European Convention on Human Rights provide a framework for protecting these rights. Despite regular criticisms and occasional talk of leaving the Convention, the UK respects the role of the Strasbourg Court in upholding human rights. GCHQ, part of the UK’s security apparatus, has significant capabilities in tracking and evaluating national and international electronic communications, sometimes attracting media criticism. Public opposition to these activities has been relatively mild, with most criticism coming from libertarian pressure groups. More sustained opposition comes from communication firms uncomfortable with government attempts to access private data.
A series of anti-terrorism acts has equipped the UK government with tools to combat terrorism, some of which impose restrictions on the civil liberties of a small minority of the population. While courts and public pressure have occasionally stopped practices like the indefinite detention of non-nationals, the state has often reintroduced similar measures under different names, such as replacing “control orders” with “terrorism prevention and investigation measures.” These actions occur under intense media scrutiny.
There is also a movement in the UK to advance the human rights-based approach language promoted by the UN Sustainable Development Goals, particularly evident in recent Scottish government initiatives.
A series of anti-terrorism acts has equipped the UK government with tools to combat terrorism, some of which impose restrictions on the civil liberties of a small minority of the population. While courts and public pressure have occasionally stopped practices like the indefinite detention of non-nationals, the state has often reintroduced similar measures under different names, such as replacing “control orders” with “terrorism prevention and investigation measures.” These actions occur under intense media scrutiny.
There is also a movement in the UK to advance the human rights-based approach language promoted by the UN Sustainable Development Goals, particularly evident in recent Scottish government initiatives.
Citations:
https://unsdg.un.org/2030-agenda/universal-values/human-rights-based-approach#:~:text=The%20human%20rights%2Dbased%20approach,promoting%20and%20protecting%20human%20rights
https://unsdg.un.org/2030-agenda/universal-values/human-rights-based-approach#:~:text=The%20human%20rights%2Dbased%20approach,promoting%20and%20protecting%20human%20rights
USA
Since the 1870s, the U.S. federal government has maintained a department dedicated to upholding the fundamental rights of citizens: the Department of Justice (DOJ). The DOJ is one of the most significant institutional actors in the federal government and has played a vital role in U.S. history in pursuing those who seek to infringe upon individual rights, both inside and outside of the government (Foner 1988).
Ultimately, the effectiveness of the DOJ is tied, in part, to the quality of its staff. Generally speaking, the DOJ staff have a high reputation for competence and commitment to the department’s historic mission (Johnson 2019).
The head of the Justice Department is the attorney general, and leadership from attorneys general has varied over the years. There have been instances of attorneys general who appeared to be more committed to the political project of the president in whose Cabinet they served. For example, Alberto Gonzales, attorney general under George W. Bush, was accused of orchestrating the removal of federal prosecutors deemed unfriendly to Republican politicians or failing to pursue Democrats for alleged wrongdoings (Eisenstein 2007).
Individuals who believe their fundamental rights have been violated can pursue their claims through the judicial process. The federal courts have heard various cases relating to sex, gender identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views, or religion. Most of these characteristics are protected by the Constitution – for example, the Equal Protection Clause of the Fourteenth Amendment – or federal statutes such as the Civil Rights Act of 1964 and its subsequent amendments. The Supreme Court has also expanded historic legislation to cover new groups. For instance, the Court recently ruled that the Civil Rights Act protects gay and transgender employees from discrimination, even if this was not part of the original interpretation by the drafters of the legislation in the 1960s (Valenti 2021).
Ultimately, the effectiveness of the DOJ is tied, in part, to the quality of its staff. Generally speaking, the DOJ staff have a high reputation for competence and commitment to the department’s historic mission (Johnson 2019).
The head of the Justice Department is the attorney general, and leadership from attorneys general has varied over the years. There have been instances of attorneys general who appeared to be more committed to the political project of the president in whose Cabinet they served. For example, Alberto Gonzales, attorney general under George W. Bush, was accused of orchestrating the removal of federal prosecutors deemed unfriendly to Republican politicians or failing to pursue Democrats for alleged wrongdoings (Eisenstein 2007).
Individuals who believe their fundamental rights have been violated can pursue their claims through the judicial process. The federal courts have heard various cases relating to sex, gender identity, sexual orientation, physical and mental ability, health, age, ethnic origin, social status, political views, or religion. Most of these characteristics are protected by the Constitution – for example, the Equal Protection Clause of the Fourteenth Amendment – or federal statutes such as the Civil Rights Act of 1964 and its subsequent amendments. The Supreme Court has also expanded historic legislation to cover new groups. For instance, the Court recently ruled that the Civil Rights Act protects gay and transgender employees from discrimination, even if this was not part of the original interpretation by the drafters of the legislation in the 1960s (Valenti 2021).
Citations:
Eric Foner. 1988. Reconstruction: America’s Unfinished Revolution, 1863-1877. New York: HarperCollins.
Richard Johnson. 2019. “Racial Policy Under Trump.” In The Trump Presidency: From Campaign Trail to World Stage, eds. M. Oliva and M. Shanahan. Palgrave.
Alix Valenti. 2021. “LGBT Employment Rights in an Evolving Legal Landscape: The Impact of the Supreme Court’s Decision in Bostock v Clayton County, Georgia.” Employee Responsibilities and Rights Journal.
James Eisenstein. 2007. “The US Attorney Firings of 2006.” Seattle University Law Review.
Eric Foner. 1988. Reconstruction: America’s Unfinished Revolution, 1863-1877. New York: HarperCollins.
Richard Johnson. 2019. “Racial Policy Under Trump.” In The Trump Presidency: From Campaign Trail to World Stage, eds. M. Oliva and M. Shanahan. Palgrave.
Alix Valenti. 2021. “LGBT Employment Rights in an Evolving Legal Landscape: The Impact of the Supreme Court’s Decision in Bostock v Clayton County, Georgia.” Employee Responsibilities and Rights Journal.
James Eisenstein. 2007. “The US Attorney Firings of 2006.” Seattle University Law Review.
6
Australia
Australia does not have a bill of rights. Instead, civil rights are protected through a significant body of legislation and by the constitution, which contains certain implied rights which are subject to interpretation by the High Court. This was perhaps made most clear to the Australian people when state and territory governments imposed severe lockdown restrictions that were ruled by courts to be legal.
Civil rights in areas such as speech, association, political participation, and privacy are generally respected and enforced. However, recent moves in some states to tighten protest laws may limit civil rights necessary for civil disobedience and social movement activism. The political rights of Indigenous Australians remain insufficiently protected, and these communities are overrepresented in prisons and the penal system (Amnesty International 2023). Refugees and migrants face political risks that citizens are protected from.
One of the factors (Factor 4) measured by The World Justice Project tracks the protection of fundamental rights, focusing on rights that are firmly established under the United National Universal Declaration of Human Rights. According to this indicator, Australia is a high performer, ranking 19 out of 140 countries tracked by The World Justice Project. However, the trendline for Australia has been downward since 2015. The fundamental rights protection score recorded in 2023 is 0.78, but in 2020 that score was slightly higher at 0.79, and higher still in 2018 (0.81), and 2015 (0.82) (World Justice Project 2023).
Civil rights in areas such as speech, association, political participation, and privacy are generally respected and enforced. However, recent moves in some states to tighten protest laws may limit civil rights necessary for civil disobedience and social movement activism. The political rights of Indigenous Australians remain insufficiently protected, and these communities are overrepresented in prisons and the penal system (Amnesty International 2023). Refugees and migrants face political risks that citizens are protected from.
One of the factors (Factor 4) measured by The World Justice Project tracks the protection of fundamental rights, focusing on rights that are firmly established under the United National Universal Declaration of Human Rights. According to this indicator, Australia is a high performer, ranking 19 out of 140 countries tracked by The World Justice Project. However, the trendline for Australia has been downward since 2015. The fundamental rights protection score recorded in 2023 is 0.78, but in 2020 that score was slightly higher at 0.79, and higher still in 2018 (0.81), and 2015 (0.82) (World Justice Project 2023).
Citations:
Amnesty International. 2023. “Amnesty International Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/
World Justice Project. 2023. “WJP Rule of Law Index: Countries: Australia.” https://worldjusticeproject.org/rule-of-law-index/country/2022/Australia/Fundamental%20Rights/
Amnesty International. 2023. “Amnesty International Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/
World Justice Project. 2023. “WJP Rule of Law Index: Countries: Australia.” https://worldjusticeproject.org/rule-of-law-index/country/2022/Australia/Fundamental%20Rights/
Italy
The Italian legal system encompasses a comprehensive set of constitutional provisions and ordinary laws that protect a wide range of civil rights. The judiciary’s robust independence ensures the proper enforcement of these rights, at least theoretically. However, in practice, inefficiencies in judicial administration and an excessive backlog of cases lead to lengthy court proceedings. This delays the resolution of penal trials and civil disputes, undermining the effectiveness of personal and property rights protection. The Civil Justice Index by the World Justice Project (2023) ranks Italy 51st out of 141 nations, far below other EU and North American countries.
Overcrowded penitentiaries and the resulting poor living conditions for prisoners, along with their treatment by police officers, frequently draw attention from the Italian media, parliament, and the European Court of Human Rights. The Court has repeatedly condemned the Italian state for failing to adequately protect prisoners’ lives (see, for instance, the ECHR judgment of 14 September 2023).
Amnesty International’s 2023 report raises humanitarian concerns regarding the rights of refugees and migrants. In February 2023, the Italian parliament passed a decree imposing stricter regulations on NGO rescue ships operating in the Mediterranean Sea. Additionally, the Meloni government has strengthened its cooperation with Libyan authorities to control irregular migration flows from Libya, despite documented human rights abuses in Libyan detention centers.
In a further development, Meloni signed an agreement with Albanian Prime Minister Edi Rama in December 2023 to transfer some migrants rescued in the Mediterranean by Italian military ships to Albania. While the implementation of this agreement remains uncertain, concerns have been raised that it could violate the principles of non-discrimination and the right to asylum enshrined in national, EU, and international laws.
While Italy has established a comprehensive legal framework to address discrimination, its implementation remains uneven, particularly in areas of gender, physical and mental abilities, and ethnic minorities. The country’s ranking of 13th on the Gender Equality Index falls below the EU average, highlighting persistent gender disparities. These inequalities are especially pronounced in the labor market, where Italy has consistently ranked last among EU member states since 2010 (Gender Equality Index 2023). Discrimination against immigrants is also prevalent. While immigrants have access to healthcare services, their rights in other spheres, particularly the labor market, are often inadequately protected. The Italian parliament failed to pass a bill that would have ensured effective access to citizenship for children of foreign nationals born or raised in Italy.
In response to the alarming surge in femicides, the Italian parliament swiftly enacted legislation to combat violence against women in November 2023, with notable support from opposition parties. However, parliament was unable to pass legislation to protect LGBTQ+ individuals from hate crimes.
Overcrowded penitentiaries and the resulting poor living conditions for prisoners, along with their treatment by police officers, frequently draw attention from the Italian media, parliament, and the European Court of Human Rights. The Court has repeatedly condemned the Italian state for failing to adequately protect prisoners’ lives (see, for instance, the ECHR judgment of 14 September 2023).
Amnesty International’s 2023 report raises humanitarian concerns regarding the rights of refugees and migrants. In February 2023, the Italian parliament passed a decree imposing stricter regulations on NGO rescue ships operating in the Mediterranean Sea. Additionally, the Meloni government has strengthened its cooperation with Libyan authorities to control irregular migration flows from Libya, despite documented human rights abuses in Libyan detention centers.
In a further development, Meloni signed an agreement with Albanian Prime Minister Edi Rama in December 2023 to transfer some migrants rescued in the Mediterranean by Italian military ships to Albania. While the implementation of this agreement remains uncertain, concerns have been raised that it could violate the principles of non-discrimination and the right to asylum enshrined in national, EU, and international laws.
While Italy has established a comprehensive legal framework to address discrimination, its implementation remains uneven, particularly in areas of gender, physical and mental abilities, and ethnic minorities. The country’s ranking of 13th on the Gender Equality Index falls below the EU average, highlighting persistent gender disparities. These inequalities are especially pronounced in the labor market, where Italy has consistently ranked last among EU member states since 2010 (Gender Equality Index 2023). Discrimination against immigrants is also prevalent. While immigrants have access to healthcare services, their rights in other spheres, particularly the labor market, are often inadequately protected. The Italian parliament failed to pass a bill that would have ensured effective access to citizenship for children of foreign nationals born or raised in Italy.
In response to the alarming surge in femicides, the Italian parliament swiftly enacted legislation to combat violence against women in November 2023, with notable support from opposition parties. However, parliament was unable to pass legislation to protect LGBTQ+ individuals from hate crimes.
Citations:
https://www.amnesty.org/en/documents/pol10/5670/2023/en/
https://worldjusticeproject.org/rule-of-law-index/downloads/WJPIndex2023.pdf
https://eige.europa.eu/modules/custom/eige_gei/app/content/downloads/factsheets/IT_2023_factsheet.pdf
REV: https://europa.camera.it/osservatorio-sentenze-cedu/sentenze
https://www.amnesty.org/en/documents/pol10/5670/2023/en/
https://worldjusticeproject.org/rule-of-law-index/downloads/WJPIndex2023.pdf
https://eige.europa.eu/modules/custom/eige_gei/app/content/downloads/factsheets/IT_2023_factsheet.pdf
REV: https://europa.camera.it/osservatorio-sentenze-cedu/sentenze
Japan
The Japanese constitution guarantees all basic human and civil rights, such as the right to life, liberty, the pursuit of happiness, redress of damages, education, private property, as well as freedom of thought, religion, speech, assembly and association. All people are equal under the law and cannot be discriminated against because of race, sex, creed, social status or family origin. Access to the courts is guaranteed by the constitution. Arrests without a judicial warrant, torture and cruel punishments are prohibited. Confessions made under compulsion are not admitted as evidence.
Maltreatment by the police is still common. Suspects may be detained for 23 days before indictment by a judge, with a risk of rearrest and prolonged detention. The right to access a lawyer and to remain silent is not always respected, as investigators press suspects to confess to alleged crimes. In addition, long pretrial detention is thought to encourage forced confessions (U.S. Department of State 2022). While rarely applied, the death penalty has not been abolished and conditions in prisons are harsh.
Japan has a low litigation rate and the use of alternative conflict resolution models are common. The World Justice Project assesses these to be fairly accessible, impartial and effective.
Despite the government’s efforts to promote the empowerment of women, Japanese society is still largely patriarchal. The revised Labor Policy Comprehensive Promotion Act, which came into effect in 2020, mandates employers to take actions against the harassment of women, but it failed to introduce punishment for non-compliance. Japan ranked 125 out of 146 countries in the Global Gender Gap Index 2023. Only about 10% of members of the House of Representatives are women.
The Act for Eliminating Discrimination against Persons with Disabilities, which entered into force in 2016, prohibited the unfair and discriminatory treatment of persons with disabilities by administrative organizations and private businesses. Nevertheless, Japan has not signed the Optional Protocol to the Convention on the Rights of Persons with Disabilities, which prevents citizens from submitting their complaints to the UN Committee on the Rights of Persons with Disabilities.
A growing number of municipalities are recognizing same-sex partnerships and issuing partnership certificates. However, the legal weight of these certificates is limited and the right to marriage is still not granted. Japan’s legal framework is far less developed than in most other OECD democracies. Although naturalization rules were eased in recent years, some discrimination against Korean and Chinese permanent residents continues. Another discriminated group are refugees. The Japanese government rejects most asylum requests. Foreigners in immigration control facilities are subjected to prolonged detention and inhumane treatment. Foreign workers often face discrimination connected with dangerous working conditions, low wages, and forced overtime work. Since 2021, a smartphone app issued by the Immigration Services Agency of Japan – which is supposed to help verify foreign nationals’ residence cards – has been criticized as discriminating against foreign residents and violating privacy rights. The government has not restricted usage of the app and has even advertised it on public trains.
In Japan, there is no independent agency, such as an ombudsperson, that investigates human rights abuses. Because Japan has not signed the First Optional Protocol to the International Covenant on Civil and Political Rights, Japanese citizens cannot submit their complaints to the UN Human Rights Committee.
Maltreatment by the police is still common. Suspects may be detained for 23 days before indictment by a judge, with a risk of rearrest and prolonged detention. The right to access a lawyer and to remain silent is not always respected, as investigators press suspects to confess to alleged crimes. In addition, long pretrial detention is thought to encourage forced confessions (U.S. Department of State 2022). While rarely applied, the death penalty has not been abolished and conditions in prisons are harsh.
Japan has a low litigation rate and the use of alternative conflict resolution models are common. The World Justice Project assesses these to be fairly accessible, impartial and effective.
Despite the government’s efforts to promote the empowerment of women, Japanese society is still largely patriarchal. The revised Labor Policy Comprehensive Promotion Act, which came into effect in 2020, mandates employers to take actions against the harassment of women, but it failed to introduce punishment for non-compliance. Japan ranked 125 out of 146 countries in the Global Gender Gap Index 2023. Only about 10% of members of the House of Representatives are women.
The Act for Eliminating Discrimination against Persons with Disabilities, which entered into force in 2016, prohibited the unfair and discriminatory treatment of persons with disabilities by administrative organizations and private businesses. Nevertheless, Japan has not signed the Optional Protocol to the Convention on the Rights of Persons with Disabilities, which prevents citizens from submitting their complaints to the UN Committee on the Rights of Persons with Disabilities.
A growing number of municipalities are recognizing same-sex partnerships and issuing partnership certificates. However, the legal weight of these certificates is limited and the right to marriage is still not granted. Japan’s legal framework is far less developed than in most other OECD democracies. Although naturalization rules were eased in recent years, some discrimination against Korean and Chinese permanent residents continues. Another discriminated group are refugees. The Japanese government rejects most asylum requests. Foreigners in immigration control facilities are subjected to prolonged detention and inhumane treatment. Foreign workers often face discrimination connected with dangerous working conditions, low wages, and forced overtime work. Since 2021, a smartphone app issued by the Immigration Services Agency of Japan – which is supposed to help verify foreign nationals’ residence cards – has been criticized as discriminating against foreign residents and violating privacy rights. The government has not restricted usage of the app and has even advertised it on public trains.
In Japan, there is no independent agency, such as an ombudsperson, that investigates human rights abuses. Because Japan has not signed the First Optional Protocol to the International Covenant on Civil and Political Rights, Japanese citizens cannot submit their complaints to the UN Human Rights Committee.
Citations:
Amnesty International. 2023. “Amnesty International Report 2022/2023. The State of the World’s Human Rights.” https://www.amnesty.org/en/wp-content/uploads/2023/04/POL1056702023ENGLISH.pdf
“Concerns raised over residence card checker app released to public.” https://www.city-cost.com/blogs/City-Cost/GbPm2-living
Human Rights Watch. 2023. “Japan: ‘Hostage Justice’ System Violates Rights.” https://www.hrw.org/news/2023/05/25/japan-hostage-justice-system-violates-rights
OECD. 2021. Over the Rainbow? The Road to LGBTI Inclusion. Paris: OECD.
Prime Minister of Japan and His Cabinet. 1946. “The Constitution of Japan.” https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
U.S. Department of State. 2022. “2022 Country Reports on Human Rights Practices: Japan.” https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/japan
World Economic Forum. 2023. “Global Gender Gap Report 2023.” https://www3.weforum.org/docs/WEF_GGGR_2023.pdf
World Justice Project. “Japan, civil justice.” https://worldjusticeproject.org/rule-of-law-index/country/2023/Japan/Civil%20Justice/
Amnesty International. 2023. “Amnesty International Report 2022/2023. The State of the World’s Human Rights.” https://www.amnesty.org/en/wp-content/uploads/2023/04/POL1056702023ENGLISH.pdf
“Concerns raised over residence card checker app released to public.” https://www.city-cost.com/blogs/City-Cost/GbPm2-living
Human Rights Watch. 2023. “Japan: ‘Hostage Justice’ System Violates Rights.” https://www.hrw.org/news/2023/05/25/japan-hostage-justice-system-violates-rights
OECD. 2021. Over the Rainbow? The Road to LGBTI Inclusion. Paris: OECD.
Prime Minister of Japan and His Cabinet. 1946. “The Constitution of Japan.” https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
U.S. Department of State. 2022. “2022 Country Reports on Human Rights Practices: Japan.” https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/japan
World Economic Forum. 2023. “Global Gender Gap Report 2023.” https://www3.weforum.org/docs/WEF_GGGR_2023.pdf
World Justice Project. “Japan, civil justice.” https://worldjusticeproject.org/rule-of-law-index/country/2023/Japan/Civil%20Justice/
Netherlands
Universal civil rights and the rule of law are not in acute danger in the Netherlands. But in a 2015 article “Stress test rule of law Netherlands,” a professor who studies institutional aspects of the rule of law concluded that “especially in the functioning of our democratic system, there are insufficient guarantees that rule of law values are protected adequately and in a timely manner” (Brenninkmeijer 2015). In 2020, the Council for Public Administration (Raad voor het Openbaar Bestuur, ROB) wrote an unsolicited opinion entitled “A Stronger Rule of Law.” For too long, the ROB said, the ideas underlying the rule of law have been neglected through ignorance, clumsiness or indifference. For too long, it added, the rule of law had been taken for granted. Rulings by the Council of State from 2023 show that in the child allowance affair, fundamental rights including the rights to privacy, family life and nondiscrimination, were not sufficiently protected.
A fall 2023 evaluation of party programs by the Dutch Bar Association additionally showed that Dutch politicians no longer unconditionally respect fundamental rights or the Dutch constitution. As many as 10 (out of 18) parties featured proposals that directly violated fundamental rights as guaranteed in the constitution or international treaties signed by the Dutch state. In 2021, seven parties did so. Legal experts see problems especially with proposals for asylum, harsher punishment, rules in prisons and the abolishment of laws. For example, setting a maximum number of asylum-seekers per year, as proposed by parties including the BBB, NSC, PVV, BVNL and FvD, would violate international obligations and treaties. The SGP’s suggestion to reintroduce the death penalty raises similar concerns. DENK, according to lawyers, goes too far in proposing mandatory chemical castration for pedosexuals. The VVD goes too far with the supervision of Islamic weekend schools, they say. Standard prison sentences or minimum sentences (JA21, PVV), the imposition of life sentences after three serious crimes (JA21, BBB) and simply scrapping the nitrogen law (BVNL) would also violate existing legal standards, according to lawyers. Furthermore, according to the lawyers, FvD seeks to restrict freedom of speech with “LGBTI+ propaganda.”
At both the elite and mass level there is clear evidence that the Netherlands is backsliding democratically, with political leaders showing greater tendencies to undermine the rule of law and the constitution, and the public demonstrating lower levels of support for democracy and lower levels of trust in institutions.
A fall 2023 evaluation of party programs by the Dutch Bar Association additionally showed that Dutch politicians no longer unconditionally respect fundamental rights or the Dutch constitution. As many as 10 (out of 18) parties featured proposals that directly violated fundamental rights as guaranteed in the constitution or international treaties signed by the Dutch state. In 2021, seven parties did so. Legal experts see problems especially with proposals for asylum, harsher punishment, rules in prisons and the abolishment of laws. For example, setting a maximum number of asylum-seekers per year, as proposed by parties including the BBB, NSC, PVV, BVNL and FvD, would violate international obligations and treaties. The SGP’s suggestion to reintroduce the death penalty raises similar concerns. DENK, according to lawyers, goes too far in proposing mandatory chemical castration for pedosexuals. The VVD goes too far with the supervision of Islamic weekend schools, they say. Standard prison sentences or minimum sentences (JA21, PVV), the imposition of life sentences after three serious crimes (JA21, BBB) and simply scrapping the nitrogen law (BVNL) would also violate existing legal standards, according to lawyers. Furthermore, according to the lawyers, FvD seeks to restrict freedom of speech with “LGBTI+ propaganda.”
At both the elite and mass level there is clear evidence that the Netherlands is backsliding democratically, with political leaders showing greater tendencies to undermine the rule of law and the constitution, and the public demonstrating lower levels of support for democracy and lower levels of trust in institutions.
Citations:
A. Brenninkmeijer. 2015. “Stresstest rechtsstaat Nederland.” Nederlands Juristenblad 16: April 24.
ROB. 2020. “Een sterkere rechtsstaat. Verbinden en beschermen in een pluriforme samenleving.”
Groene Amsterdammer. 2023. “In de kou.” Tamar de Waal March 15.
Twee uitspraken van de Raad van State inzake de kindertoeslagen tonen opnieuw aan dat de rechtsbescherming van grondrechten niet adequaat is.
NOS. 2023. “Nieuws.” November 5.
Nederlandse Orde van Advocaten. 2023. “NovA-commissie toetst verkiezingsprogramma’s op rechtsstatelijkheid.” Nieuwsoverzicht September 13.
Platform O, Van Ommeren. 2023. “Rechtsstaatagenda en -monitor: zeer noodzakelijk!” 09 augustus.
Groene Amsterdammer. 2023. “Hoe het demonstratierecht steeds meer wordt uitgehold.” March 23.
A. Brenninkmeijer. 2015. “Stresstest rechtsstaat Nederland.” Nederlands Juristenblad 16: April 24.
ROB. 2020. “Een sterkere rechtsstaat. Verbinden en beschermen in een pluriforme samenleving.”
Groene Amsterdammer. 2023. “In de kou.” Tamar de Waal March 15.
Twee uitspraken van de Raad van State inzake de kindertoeslagen tonen opnieuw aan dat de rechtsbescherming van grondrechten niet adequaat is.
NOS. 2023. “Nieuws.” November 5.
Nederlandse Orde van Advocaten. 2023. “NovA-commissie toetst verkiezingsprogramma’s op rechtsstatelijkheid.” Nieuwsoverzicht September 13.
Platform O, Van Ommeren. 2023. “Rechtsstaatagenda en -monitor: zeer noodzakelijk!” 09 augustus.
Groene Amsterdammer. 2023. “Hoe het demonstratierecht steeds meer wordt uitgehold.” March 23.
There are some significant limits or constraints on the realization of civil rights.
5
Israel
Most civil rights in Israel are not constitutionally protected. There are two basic laws that safeguard civil rights – the Basic Law: Human Dignity and Freedom, and the Basic Law: Freedom of Occupation. Other civil rights rely on the court’s interpretation of these laws. Consequently, the protection of civil rights hinges on the Supreme Court.
The right of due process is protected by legislation and overseen by the court.
There is a law against discrimination on the basis of sex, sexual orientation or religion. The current government’s coalition agreement aims to change this law, weakening protections against discrimination. However, this has not materialized yet. In addition, the attorney general is responsible for protecting civil rights in policymaking (legislation and decisions).
Over the past year, efforts to overhaul the judiciary have put civil rights protections at risk. Senior politicians argue there is no need for the court to protect civil rights, claiming politicians would assume this role. Additionally, a clause in the coalition agreement signed by the current government proposes to transfer more responsibilities for family issues from the court to religious courts. Although this change has not yet been legislated, if it is it will affect the rights of women, who face discrimination in religious courts. This proposal also demonstrates the limited commitment of many within the government, especially those belonging to religious parties, to protecting civil rights.
Moreover, the police have begun systematically violating civil rights by preventing protests against the government, using extreme violence and arresting protesters without cause, thereby implying a political motivation.
The policies implemented by the state are generally effective in preventing discrimination. The civil service code of conduct emphasizes the prevention of discrimination and the importance of impartial service provision. Government practices and procedures are also impartial. There is affirmative action for women in the civil service, along with special positions opened for various minorities to increase equity and diversity. Additionally, each ministry should meet a quota for recruiting people with disabilities or an Arab background. According to the State Comptroller (2021), the outcomes of these measures are limited and insufficient. Although more employees come from disadvantaged groups, they are often not recruited to managerial positions. Furthermore, the 10% goal for recruiting Arab employees has not been updated for many years and does not reflect their share in the population or labor force.
There has been significant progress toward equality for same-sex couples and families. Recently, the right to adoption was also expanded to include same-sex couples and there are laws against workplace discrimination.
All individuals have access to the court system and, as mentioned earlier, the ability to petition the Supreme Court was expanded to increase access.
The right of due process is protected by legislation and overseen by the court.
There is a law against discrimination on the basis of sex, sexual orientation or religion. The current government’s coalition agreement aims to change this law, weakening protections against discrimination. However, this has not materialized yet. In addition, the attorney general is responsible for protecting civil rights in policymaking (legislation and decisions).
Over the past year, efforts to overhaul the judiciary have put civil rights protections at risk. Senior politicians argue there is no need for the court to protect civil rights, claiming politicians would assume this role. Additionally, a clause in the coalition agreement signed by the current government proposes to transfer more responsibilities for family issues from the court to religious courts. Although this change has not yet been legislated, if it is it will affect the rights of women, who face discrimination in religious courts. This proposal also demonstrates the limited commitment of many within the government, especially those belonging to religious parties, to protecting civil rights.
Moreover, the police have begun systematically violating civil rights by preventing protests against the government, using extreme violence and arresting protesters without cause, thereby implying a political motivation.
The policies implemented by the state are generally effective in preventing discrimination. The civil service code of conduct emphasizes the prevention of discrimination and the importance of impartial service provision. Government practices and procedures are also impartial. There is affirmative action for women in the civil service, along with special positions opened for various minorities to increase equity and diversity. Additionally, each ministry should meet a quota for recruiting people with disabilities or an Arab background. According to the State Comptroller (2021), the outcomes of these measures are limited and insufficient. Although more employees come from disadvantaged groups, they are often not recruited to managerial positions. Furthermore, the 10% goal for recruiting Arab employees has not been updated for many years and does not reflect their share in the population or labor force.
There has been significant progress toward equality for same-sex couples and families. Recently, the right to adoption was also expanded to include same-sex couples and there are laws against workplace discrimination.
All individuals have access to the court system and, as mentioned earlier, the ability to petition the Supreme Court was expanded to increase access.
Citations:
State Comptroller. 2021. “Inclusive employment of various populations in the civil service.” https://www.mevaker.gov.il/sites/DigitalLibrary/Pages/Reports/7302-8.aspx
State Comptroller. 2021. “Inclusive employment of various populations in the civil service.” https://www.mevaker.gov.il/sites/DigitalLibrary/Pages/Reports/7302-8.aspx
4
Hungary
Generally, civil rights in Hungary are protected by the constitution (Basic Law), but subordinate laws and practical applications often blur these constitutional provisions. During the Orbán era, several severe and systematic issues have arisen, reflecting the illiberal regime’s logic and the democratic decline the government is engaging in to cover and maintain the corrupt practices of the Fidesz elite. Ideologically, same-sex marriages and feminism are incompatible with the conservative, traditional view of society upheld by the regime. Consequently, LGBTQ+ issues are alien to the regime. Provisions in the constitution (e.g., marriage as a bond between men and women, the heteronormative nuclear family model enshrined in the constitution – see Takács et al. 2022) and laws like the Lex NGO and the Sovereignty Protection Act significantly reduce legal certainty for these communities and their ability to organize. Rather than preventing discrimination, the government fosters it in this respect.
Furthermore, the Child Protection Act of 2021 conflated homosexuality with pedophilia and led to absurd measures, such as obliging bookstores to sell LGBTQ+ books in sealed packages (Rédai 2023). Migrants are another group in society that faces legal and practical restrictions. All these groups are subject to othering in the narrative pushed by the populist government. The scapegoating of minority groups for domestic problems and the us-and-them narrative aims to secure power. With checks and balances having largely been removed from the system and the government having secured a two-thirds supermajority in the 2022 parliamentary election, only the EU can prevent the government from continuing and widening its attack on these groups. The former head of state, Katalin Novák (who resigned in February 2024 due to public outrage caused by offering a presidential pardon in a pedophilia case), once turned against the government when vetoing a highly controversial law on whistleblowing that aimed to restrict the rights of homosexual and transgender people. Novák referred to the potential increase in mistrust among community members and criticized the fact that the law did not meet EU requirements. Despite these instances, the government has continued to target these communities.
Furthermore, the Child Protection Act of 2021 conflated homosexuality with pedophilia and led to absurd measures, such as obliging bookstores to sell LGBTQ+ books in sealed packages (Rédai 2023). Migrants are another group in society that faces legal and practical restrictions. All these groups are subject to othering in the narrative pushed by the populist government. The scapegoating of minority groups for domestic problems and the us-and-them narrative aims to secure power. With checks and balances having largely been removed from the system and the government having secured a two-thirds supermajority in the 2022 parliamentary election, only the EU can prevent the government from continuing and widening its attack on these groups. The former head of state, Katalin Novák (who resigned in February 2024 due to public outrage caused by offering a presidential pardon in a pedophilia case), once turned against the government when vetoing a highly controversial law on whistleblowing that aimed to restrict the rights of homosexual and transgender people. Novák referred to the potential increase in mistrust among community members and criticized the fact that the law did not meet EU requirements. Despite these instances, the government has continued to target these communities.
Citations:
Rédai, D. 2023. “Lesbian Resistance Through Fairytales. The Story of a Children’s Book Clashing with an Authoritarian Anti-Gender Regime in Hungary.” Journal of Lesbian Studies (1-17).
Takács, J., Fobear, K., and Schmitsek, S. 2022. “Resisting Genderphobia in Hungary.” Politics and Governance 10(4): 38-48.
Rédai, D. 2023. “Lesbian Resistance Through Fairytales. The Story of a Children’s Book Clashing with an Authoritarian Anti-Gender Regime in Hungary.” Journal of Lesbian Studies (1-17).
Takács, J., Fobear, K., and Schmitsek, S. 2022. “Resisting Genderphobia in Hungary.” Politics and Governance 10(4): 38-48.
Poland
Poland’s national legal and constitutional system formally guarantees the protection of civil rights in connection with health, social status and political opinions. However, this stands in stark contrast to many state policies. In 2022, the UN advocated for Poland to introduce 200 amendments concerning civil rights. Although Polish law bans employment discrimination based on sexual orientation, in 2023 the rights organization ILGA-Europe certified Poland as having the worst record on LGBTQ+ rights in the EU for the fourth time since 2020 (Camut 2023). Civil and criminal proceedings targeted LGBTQ+ rights defenders, and activists, including those responsible for the Hate Atlas map, faced SLAPPs. Additionally, there were instances of local homophobic actions such as “LGBT-free zones” being declared by authorities or the “homobuses.”
Also, sexual and reproductive rights in Poland faced restrictions following the Constitutional Tribunal ruling in January 2021 and subsequent UN calls for decriminalization of abortion in April 2022. The death of a woman who was denied an abortion led to protests. The European Court of Human Rights sought Poland’s response to five cases of abortion denial. Despite the government reporting only 32 abortions in 2021, Abortion Without Borders supported 44,000 women that year, including 1,515 from Ukraine. In 2022, the number of registered abortions grew to 161, but the actual number was likely higher. Some human rights defenders, doctors providing help for women, and even women using the day-after pill faced harassment and legal charges.
Judicial reforms have faced scrutiny, leading to the suspension of judges and disciplinary proceedings. International concerns persisted over attacks on judicial independence, causing the suspension of the Polish Recovery and Resilience Plan from the EU. In October 2022, the ECHR ruled that Judge Paweł Juszczyszyn’s suspension violated his fair trial and privacy rights. Additionally, individual rights have been violated by the misuse of the Pegasus spyware system against lawyers, judges and politicians who criticize the ruling party. Calls from the European Parliament in January 2023 for the Polish prosecutor’s office to initiate investigations and clarify the law have gone unheard.
Concerns have risen about the treatment of refugees. On the one hand, Poland opened its borders to Ukrainians, included them in social and educational systems, and granted them full rights in the labor market. On the other hand, attitudes toward refugees from Asia and the Middle East coming from Belarus since July 2021 have been characterized by hostility from authorities.
Also, sexual and reproductive rights in Poland faced restrictions following the Constitutional Tribunal ruling in January 2021 and subsequent UN calls for decriminalization of abortion in April 2022. The death of a woman who was denied an abortion led to protests. The European Court of Human Rights sought Poland’s response to five cases of abortion denial. Despite the government reporting only 32 abortions in 2021, Abortion Without Borders supported 44,000 women that year, including 1,515 from Ukraine. In 2022, the number of registered abortions grew to 161, but the actual number was likely higher. Some human rights defenders, doctors providing help for women, and even women using the day-after pill faced harassment and legal charges.
Judicial reforms have faced scrutiny, leading to the suspension of judges and disciplinary proceedings. International concerns persisted over attacks on judicial independence, causing the suspension of the Polish Recovery and Resilience Plan from the EU. In October 2022, the ECHR ruled that Judge Paweł Juszczyszyn’s suspension violated his fair trial and privacy rights. Additionally, individual rights have been violated by the misuse of the Pegasus spyware system against lawyers, judges and politicians who criticize the ruling party. Calls from the European Parliament in January 2023 for the Polish prosecutor’s office to initiate investigations and clarify the law have gone unheard.
Concerns have risen about the treatment of refugees. On the one hand, Poland opened its borders to Ukrainians, included them in social and educational systems, and granted them full rights in the labor market. On the other hand, attitudes toward refugees from Asia and the Middle East coming from Belarus since July 2021 have been characterized by hostility from authorities.
Citations:
Amnesty International. 2023. “Poland 2022.” https://www.amnesty.org/en/location/europe-and-central-asia/poland/report-poland
Camut, N. 2023. “Poland Still Worst Country to Be Gay in the EU: Report.” June 5. https://euobserver.com/rule-of-law/157105
Amnesty International. 2023. “Poland 2022.” https://www.amnesty.org/en/location/europe-and-central-asia/poland/report-poland
Camut, N. 2023. “Poland Still Worst Country to Be Gay in the EU: Report.” June 5. https://euobserver.com/rule-of-law/157105
Slovakia
The Slovak constitution and national legal system formally guarantee the protection of civil rights. Section 2 of the constitution states that every person is entitled to their human rights and freedoms, including safeguarding personal liberty against both state and non-state actors, the right to life and security, the prohibition of torture and inhumane treatment or punishment, and the protection of privacy. Section 4 stipulates that membership in any national minority or ethnic group must not be used to the detriment of any individual. Section 7 ensures equality before the law, equal access to justice, and due process under the rule of law, including protection against arbitrary imprisonment without due process. However, the constitution and legal system inadequately address the prevention of discrimination based on factors such as sex, gender identity, and sexual orientation (for further details, see the constitution).
Despite these formal guarantees, practical realization issues are significant. Amnesty International’s 2022/23 report, The State of the World’s Human Rights, is highly critical of Slovakia. The report highlights ongoing discrimination against Roma individuals and human rights violations against Ukrainians arriving in the country due to the war. It also notes the vacancy in the Public Defender of Rights office following the expiry of Mária Patakyová’s term in March. The appointment of Róbert Dobrovodský on 1 December 2022 left the office nonfunctional for several months, leading to increased complaints about human rights violations.
The situation for the Roma minority is particularly problematic. The Roma are the most vulnerable segment of society, frequently subjected to mistreatment by state authorities, including the police, and racial discrimination, especially in the labor market and access to education, where segregation is prevalent. According to an Amnesty International report, there has been no significant effort to improve the living conditions of the Roma community.
In 2022 and 2023, members of parliament from the leading coalition party OĽANO proposed several amendments to restrict abortion, but none of these proposals passed. Slovakia has also made no progress toward ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention).
LGBTQ+ individuals remain stigmatized, and their rights are insufficiently protected. Same-sex marriage is not possible due to a 2014 constitutional amendment defining marriage as “a unique union of a man and a woman” (Guasti & Bustikova, 2020). Registered civil partnerships are not legally recognized. In October 2022, negative attitudes toward the LGBTQ+ community culminated in a terrorist attack in Bratislava, where two gay individuals were shot. The police identified the assailant as a young man with anti-LGBTQ+ and antisemitic views.
Despite these formal guarantees, practical realization issues are significant. Amnesty International’s 2022/23 report, The State of the World’s Human Rights, is highly critical of Slovakia. The report highlights ongoing discrimination against Roma individuals and human rights violations against Ukrainians arriving in the country due to the war. It also notes the vacancy in the Public Defender of Rights office following the expiry of Mária Patakyová’s term in March. The appointment of Róbert Dobrovodský on 1 December 2022 left the office nonfunctional for several months, leading to increased complaints about human rights violations.
The situation for the Roma minority is particularly problematic. The Roma are the most vulnerable segment of society, frequently subjected to mistreatment by state authorities, including the police, and racial discrimination, especially in the labor market and access to education, where segregation is prevalent. According to an Amnesty International report, there has been no significant effort to improve the living conditions of the Roma community.
In 2022 and 2023, members of parliament from the leading coalition party OĽANO proposed several amendments to restrict abortion, but none of these proposals passed. Slovakia has also made no progress toward ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention).
LGBTQ+ individuals remain stigmatized, and their rights are insufficiently protected. Same-sex marriage is not possible due to a 2014 constitutional amendment defining marriage as “a unique union of a man and a woman” (Guasti & Bustikova, 2020). Registered civil partnerships are not legally recognized. In October 2022, negative attitudes toward the LGBTQ+ community culminated in a terrorist attack in Bratislava, where two gay individuals were shot. The police identified the assailant as a young man with anti-LGBTQ+ and antisemitic views.
Citations:
Amnesty International. 2023. “Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/
The Constitution of the Slovak Republic. https://www.prezident.sk/upload-files/46422.pdf
Guasti, P., and L. Bustikova. 2020. “In Europe’s Closet: The Rights of Sexual Minorities in the Czech Republic and Slovakia.” East European Politics 36 (2): 226-246.
DOI: 10.1080/21599165.2019.1705282
Amnesty International. 2023. “Report 2022/23: The State of the World’s Human Rights.” https://www.amnesty.org/en/documents/pol10/5670/2023/en/
The Constitution of the Slovak Republic. https://www.prezident.sk/upload-files/46422.pdf
Guasti, P., and L. Bustikova. 2020. “In Europe’s Closet: The Rights of Sexual Minorities in the Czech Republic and Slovakia.” East European Politics 36 (2): 226-246.
DOI: 10.1080/21599165.2019.1705282
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There are multiple significant limits or constraints on the realization of civil rights.
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