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Human Rights Law and Evidence-Based Policy: The Impact of the EU Fundamental Rights Agency

✍ Scribed by Rosemary Byrne, Han Entzinger


Publisher
Routledge
Year
2019
Tongue
English
Leaves
281
Series
Routledge Research in Human Rights Law
Category
Library

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✦ Synopsis


The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles. FRA's experience as the first ‘embedded’ human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the technocratic approach to human rights research that is a hallmark of FRA’s evidence-based policy advice, they also note its constraints. FRA’s policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency’s research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency’s role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future.

✦ Table of Contents


Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Foreword
List of editors and contributors
Introduction
Aims of this collection
The contributors
The structure and logic of the volume
PART I: FRA and its policy environment
1. The genesis of the EU Fundamental Rights Agency: why a think tank rather than a monitoring body
Introduction
Building a new ‘Human Rights Agency’ to succeed to the EU
Monitoring Centre on Racism and Xenophobia (EUMC)
Defining the mandate of the Agency: the initial debate
Conclusion
2. A new agency, and so what? Giving flesh and blood to FRA’s founding Regulation
Introduction
The agency and its mandate
Bodies of the agency
Working on the substance
EU agencies
Conclusion
3. Hand in hand for a better protection of human rights in Europe: the relationship between the Council of Europe and FRA
Overcoming initial mistrust
Together on the same road
Perspectives for the future
Conclusion
4. FRA’s policy impact and future posture: lessons from the perspective of the European Commission
Introduction
The innovative nature of the FRA’s work
FRA’s added value to the work of the Commission
FRA’s work – refined and improved for the future
5.Human rights communicators: FRA’s evolving voice on research, rights and policy
Introduction
Communicating through an established human rights narrative
Communicating across an enlarged Europe
Communicating from an embedded institution
Communicating using evidence-based research
Communicating with changing technology
Communicating to polarized audiences
Communicating as ‘human rights communicators’
Conclusion
6. Exploring the political role of FRA: mandate, resources and opportunities
Introduction
Mandate
Resources
Opportunities
Concluding remarks
PART II: Researching applied rights
7. FRA as a meeting place of law and social sciences
The origins of the philosophy of the ‘law turning outwards’
The rapprochement of disciplines and the added value of FRA
The way a
head
8. A reflection on the quality of FRA’s research and methodology
Types of FRA research
The challenge of collecting and analyzing data where statistical standards are lacking
Quality of research
FRA challenges in research methodology
Conclusions
9. Equality and inclusion: designing research to reconcile rights, ideas and policy practices at FRA
Linking up fundamental rights with inclusion in the EU
FRA’s work on social inclusion
The gap between ideals and policy practices
The cultural dimension
Conclusion
10. FRA’s efforts to combat hatred, xenophobia and racism
A
robust European legal framework
The role of the EU Fundamental Rights Agency
Conclusion
11. Promoting equality: FRA’s work on Roma
Introduction
The international processes on Roma rights
FRA and evidence on Roma exclusion
Discussion on the role of FRA
12. Violence against women: policy impact and FRA’s evidencebased research
Introduction
The flagship: the EU-wide survey on violence against women
FRA and EU policy on violence against women
Applicability of the FRA’s research within other human rights mechanisms
Challenges and potential future tasks
13. Borders and migration control: FRA’s research at protection black spots
The FRA mandate on migration and borders
Border control and access for third-country nationals to the EU territory
Extraterritorial migration control and the principle of non-refoulement
Limitations and potentials: FRA mandate and scope of EU competence
14. Embedded EU research on refugee protection: FRA’s work on asylum and irregular migration
Introduction
FRA and other international and regional actors in asylum
FRA’s multiple approaches to asylum research in the crisis
Conclusion
PART III: Overcoming constraints
15. FRA’s response to the current human rights challenges
The human rights environment ten years ago
The world in turmoil?
So far, so bad?
FRA at the heart of a crisis-ridden Europe?
16. Upholding the rule of law in the EU: what role for FRA?
The rule of law as a
foundational and common value
The rule of law in the FRA’s mandate
The marginal involvement of the FRA in the EU’s rule of law mechanisms
A
new role for the FRA
Concluding remarks
17. Concluding reflections on human rights law and evidence-based policy
FRA’s mandate
Institutional embeddedness
FRA’s technocratic approach
The research agenda
Regionalism and diversity
Conclusion
Index


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