HUMAN RIGHTS LAW AND EVIDENCE-BASED POLICY : the role of the EU Fundamental Rights Agency.

Format:

Book

Contributor:

Byrne, Rosemary.

Entzinger, H. B., 1947-

Series:

Routledge Research in Human Rights Law

Language:

English

Subjects (All):

Fundamental Rights Agency (European Union).

Human rights--European Union countries.

Human rights.

European Union countries.

Physical Description:

1 online resource (281 pages)

Edition:

1st ed.

Place of Publication:

[S.l.] : ROUTLEDGE, 2019.

Summary:

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 howthe Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to monitor', and howits research impacts the delicate equilibrium between these two contesting roles.FRA's experience as thefirst embedded' human rights agency is also highlighted, suggesting a rolefor 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.

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

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

The agency and its mandate

Bodies of the agency

Working on the substance

EU agencies

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

4. FRA's policy impact and future posture: lessons from the perspective of the European Commission

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

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'

6. Exploring the political role of FRA: mandate, resources and opportunities

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

10. FRA's efforts to combat hatred, xenophobia and racism

A robust European legal framework

The role of the EU Fundamental Rights Agency

11. Promoting equality: FRA's work on Roma

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

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

FRA and other international and regional actors in asylum

FRA's multiple approaches to asylum research in the crisis

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

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

Index.

Notes:

Description based on print version record.

ISBN:

0-429-19772-1

0-429-59059-8

9780429197727

OCLC:

1130641713