Preparation Booklet of Rzeszów 2016 - EYP Poland Day at Konarski

N O I T A R A PREP BOOKLET

TABLE OF CONTENTS 3 - MESSAGE FROM THE PRESIDENT 4 - EU EXPLAINED 8 - SESSION PROCEDUER 9 - GA PROCEDURE 12 - THE OFFICIALS 14 - LIBE 20 - AFET 25 - CULT 30 - DROI 35 - ENVI 40 - FEMM

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MESSAGE FROM THE PRESIDENT Dear delegates, We, the chairsteam of RZESZOW 2016 | EYP Poland Day at Konarski are utterly delighted to share with you this piece of our pre-session work. This booklet provides you with all the academic information you will need during the session.

You can find here topic overviews, information on how our sessions work, and on who is responsible for what. With all of that you can expect the best results! We have compiled this Preparation Kit to help you prepare for the exciting discussions and incoming debates. Once prepared, you can discuss different topics much more deeply and see them from really unconventional angles!

The session takes place on 10th December. As you probably know this is International Human Rights Day. I have carefully selected session topics with respect to our challenging times when Europe faces serious threats in terms of human rights. Values like human dignity, freedom, democracy, equality, the rule of law and respect for human rights are embedded in the numerous EU treaties. Yet, fears of terror attacks, slavery, human trafficking, problem of homophobia, and potential impact of refugee influx led to gradual limitation of rights in Europe and other regions. Many countries are afraid that social media may invigorate certain social and political movements. Organisations of this kind can contribute to the new global trend: the adoption of repressive policies targeting civil society. We happen to live in an age of visible violation of human rights.

The European Youth Parliament (EYP) will be a new experience for most of you. It may be safely said that we are acting differently, and that we cover things that you have not done in school. I warmly advise you to embrace every single moment of this experience, as strange as it might initially seem. You will make new friends, discover new aspects of your personality, and challenge your opinions as well as those of others’.

Many people say that we need Europe, and Europe needs us. You will have the chance to come to your own conclusion, finding out what Europe offers you and what you can offer to Europe.

I hope you will enjoy the preparation process. I dream of a session to dream about. This is your key to Rzeszow, unlock all of its potential!

Good luck and see you soon!

President of the session

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EU EXPLAINED Main Institutions of the European Union European Parliament The first part of the EU ́ s legislative branch consists of 751 Members of Parliament elected for 5 years by all EU-citizens. The rst direct election of the EP was held in 1979, the latest in 2014.

The parliament is divided into seven big fractions plus several independent Members of Parliament. It is working either in a big plenary or in its 20 different committees, each responsible for specific issue areas. The Parliament shares its legislative competences with the “Council”.

For legislation covered by Ordinary Legislative Procedure, the European Parliament decides, along with the Council of the European Union, whether to accept, reject or amend proposals by the European Commission. The European Com- mission is accountable to the European Parliament.

European Council (since 1974) The European Council represents the interests of the national governments of each member state. On it sit the heads of state or government of every member state. It holds regular meetings (aka summits, at least four times per year) of the Heads of State/Government + Commission President + President of the European Council + High Representative for Foreign A airs and Security Policy of the European Union. The European Council provides political guidelines, sets general goals and incentives to the further development of the EU. The European Council acts as a collective “head of state” for the EU and its President is the figurative leader of the EU. However, the actual powers of the European Council and its President are very limited. Its main in influences stems from the political power exerted by its members through their role of leading member state governments The European Council acts as the final arbitrator in cases where conflict exists between other institutions.

Council of the European Union (Council of Ministers)

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The Council of the European Union forms the other half of the legislative branch of the EU (alongside the European Parliament). While the Parliament represents the interests of the Citizens of the EU, the Council of the European Union represents the interests of the National Governments of Member States. Also known as “the Council”, it is structured in issue-specific councils with the respective ministers of the Member States (e.g. Council Justice and Home A airs with all ministers of the interior). The issue division in the councils is mirrored in the parliamentary committees (e.g. environment, education, economy, and budget). The council shares its legislative competences with the EP and holds executive powers, too. Italy holds the

current Presidency until December 2015, when Latvia will take over. The Council used to be the most powerful legislative institution within the European Union. However, the Lisbon Treaty made co-decision with the European Parliament “Ordinary Legislative Procedure”.

European Commission The European Commission forms the executive branch of the European Union ‘government’ and represents the interests of the EU as a whole. It is made up of 28 commissioners. (One Commissioner per Member State, with one commissioner being selected as the President of the Commission by the qualified majority of the European Council).

Commissioners are appointed by their nation state, approved by the European Parliament and responsible for one issue area). The Commission monitors the adherence to the EU aquis communautaire, represents the Union in foreign relations and has the exclusive Right to Initiative.

(The right to propose laws. In the EU: right to propose Regulations and Directives to the European Parliament and the Council).

The Commission as a whole is subject to the approval of the European Parliament and represents the interests of the EU as a whole. It is the only institution with the power to initiate laws and oversees implementation of EU legislation.

What does the EU do?

The EU is engaged in many policy areas and tries to implement its goals together with its Member States. The Union can provide money and/or expertise for projects or certain measures, or it can pass regulations that harmonise laws and norms in Europe and/or gives them a new direction. Furthermore, the EU deals with many issue areas, in which it has no competence to regulate, but can nevertheless express visions, requests and warnings in order to provoke the Member States to act. The Union is more and more visible as a single actor and is also able, in case of a consensus, to speak on behalf of Europe within the scope of the CFSP.

How does the EU legislate?

The European Union can issue several legal acts; however, not all are fully binding for its Member States. There are several types of legal acts which are applied in different ways: - A regulation is a law that is applicable and binding in all Member States directly. It does not need to be passed into national law by the Member States although national laws may need to be changed to avoid conflicting with the regulation.

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- A directive is a law that binds the Member States, or a group of Member States, to achieve a particular objective. Usually, directives must be transposed into national law to become effective. Significantly, a directive specifies the result to be achieved: it is up to the Member States individually to decide how this is done.

- A decision can be addressed to Member States, groups of people, or even individuals. It is binding in its entirety. Decisions are used, for example, to rule on proposed mergers between companies.

- Recommendations and opinions have no binding force. When is the EU allowed to act?

When is the EU allowed to act?

Competences of the European Union are grouped into exclusive, shared, supporting, and special competences. The division of competences between the European Union and the Member States is de ned according to three main principles: - The principle of conferral requires the Union to act only in the policy areas and to the extent granted to it by the Treaties.
 - The principle of proportionality ensures that the content and form of the action does not exceed only what is needed to achieve the objectives set by the Treaties.

- The principle of subsidiarity determines that in areas of shared competence, the Union may intervene only if it is capable of acting more effectively than the Member States.

How is legislation passed?

Every European law is based on a specific treaty article, referred to as the ‘legal basis’ of the legislation. This determines which legislative procedure must be followed. The treaty sets out the decision-making process, including Commission proposals, successive readings by the Council and Parliament, and the opinions of the advisory bodies. It also lays down when unanimity is required, and when a qualified majority is sufficient for the Council to adopt legislation.

The great majority of EU legislation is adopted using the Ordinary Legislative Procedure. In this procedure, the Parliament and the Council share legislative power.

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- The European Commission initiates the legislative process by proposing a piece of legislation.

Typically, National Governments, lobbyists and Committees of the European Parliament are consulted by the Commission before such proposals are made.

- The proposed legislation is passed on for viewing by the European Parliament and Council of the European Union. They will consult with each other and make their own decisions on whether to pass the proposed piece of legislation as law, reject or to propose amendments.

- A piece of European Union legislation becomes enacted by European law, under the ordinary legislative procedure, when it is supported by both the European Parliament and the Council of the European Union.

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SESSION PROCEDUER Opening Ceremony The Opening Ceremony is the official opening of the session. During the Opening Ceremony all participants are welcomed and speeches are given by the official representation of the session.

Teambuilding The first element to the session after the opening ceremony will be teambuilding. Depending
on your topic you will be put in a certain committee along with others, and do a lot of group activities. Teambuilding is an established and recognised method to create trust, friendship, and a well functioning group. The purpose of the teambuilding is, among other things, to serve as an ice breaker for the participants, and a way for them to get to know each other. The exercises consist of various communication and problem solving exercises, in which everyone can take part, regardless of physical capability. The teambuilding is led by each Chairperson of the committee.

Committee work After a teambuilding participants will discuss their topics in their committees under the guidance of the Chairperson, who is responsible for leading and organising the discussions in the committees. The Chairperson is also expected to make sure that the committee is making progress, solve problems, mediate when needed, create a good atmosphere, prevent discussions from taking too much time, break deadlocks etc. The Chairperson is to make sure that everyone gets to speak and that the resolution reflects the opinions and ideas of all delegates, but he or she has to remain neutral and objective. During the discussions, delegates will present their opinions to one another, seek support, and compromise to reach a common solution supported by all. Emphasis is on reaching consensus and that solutions are created together, through well supported arguments. During the discussions, notes are taken on what is agreed upon, and in the final stage of the committee work, these are summed up and put together in the form of a resolution from the committee, on the topic the committee has been assigned.

The General Assembly (GA) The General Assembly unites all participants during the final part of the session. All resolutions from the committees are dealt with following the order set by the Board. The General Assembly largely follows the parliamentary procedures. A briefing will be giving by the Chairperson during the session to clarify any uncertainties. Furthermore, the Chairperson will sit with his or her committee during the General Assembly, to assist them in the process.

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GA PROCEDURE The deliberations of the General Assembly are regulated by the rules of procedure contained in this code. There will be seven motions for resolution to be debated. Approximately forty minutes will be devoted to each passage during the Assembly.

The Board of Presidents The President of the Assembly opens and closes the debates. He or she leads the debates, submits the motions for resolution to a vote and announces the results of each vote. The President is assisted by two Vice-Presidents, who are the only ones together with the President permitted to preside over debates. The authority of the President is absolute and delegates are required to respect the President’s decision in order to facilitate the smooth running of the Assembly.

General Rules 1. When addressing the Assembly, delegates should speak distinctly and clearly. Interventions are made while standing.

2.No profane language will be tolerated in the Assembly.

3. No delegate may speak unless called upon to do so by the President. To indicate a wish to speak, the delegate must ask his or her Chairperson to raise the committee sign. After being recognised to make an intervention, the delegate shall speak from his/her place and address the President. An intervention should not exceed ninety seconds, the exception being the proposing Committee when responding to several points.

4. Delegates do not yield the floor to other delegates.

5. Speaking time is limited and is the prerogative of the President. He or she can limit the speaking time as well as granting possible extensions to the debating time.

6. Delegates are expected to behave, at all times, in a professional manner and respect the parliamentary setting.

Procedure and time settings 1. Presenting of the Motion for a Resolution 2. Three minutes to read the Resolution 3. Two minutes to defend the Motion for a Resolution 4. One and a half minute to attack the Motion for a Resolution 5. One minute to respond to the Attack Speech

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6. General debate rounds 7. Three minutes to sum up the debate 8. Voting procedure 9. Announcing the votes

Presentation of the Motion for a Resolution

The President calls upon the proposing committee to present its Motion for a Resolution.

Defence of the Motion for a Resolution

The President calls upon the proposing committee to defend its Motion for a Resolution. A member of the committee is thus called to make a defence speech from the rostrum during a maximum of two minutes. This one aims to show in which way the resolution answers to the question and to emphasise the key points of the resolution.

Attack of the Motion for a Resolution

The President asks the Assembly whether any committee would like to attack the Motion for a Resolution that has been presented and defended. The committee designated by the President to attack the resolution receives the right to speak and a member of that committee makes an attack speech at the rostrum. The time allotted to this speech is a maximum of one and a half minute. Even if several committees would like to attack the same Motion for a Resolution, the total time allotted remains, however, one and a half minute.

Open debate

The President submits the Motion for a Resolution to an open debate for the rest of the time available per resolution. The first committee to speak is the proposing committee as its Motion for a Resolution has just been attacked.

The President will make tours between the proposing committee and other committees. Only the President can grant the right to speak and the right to reply. The debate is devoted for interventions with a constructive aim. The members of the other committees have the opportunity to share their views on the resolution while arguing and bringing in new ideas.

Right to reply

If a delegate wants to reply directly to an immediate previous point made, he or she can raise the placard. Each committee has the right to use the right to reply once per debate. The right of reply is non-transferable, i.e. in case it was unused in a certain debate, it cannot be transferred to the next one.

Sum-up speech

After the open debate is closed, the President asks one or two members of the proposing commit-

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tee to sum up the debate for a maximum of three minutes. The sum-up permits the committee to show what the debate has brought to the resolution and to reaffirm its position.

Voting Procedures

The motion for a resolution is thus submitted to a vote. The vote is done by a show of hands. In the case that the Board of Presidents is unable to determine whether any side is in majority, a roll call procedure is held. During this process the President will read the list of committees and the Chairperson will call out their vote.

The Committee Chairperson is responsible for counting the individual delegates’ votes and submitting the total of votes to the President when asked to do so. The President announces the result immediately.

Placards that can be used during General Assembly Point of Personal Privilege

Request for a Delegate to repeat a point that was inaudible. Failure to understand the language being spoken does not make for a Point of Personal Privilege.

Direct Response

Once per debate, each Committee may use the Direct Response sign. Should a Delegate raise the sign during the open debate, he/she will immediately be recognised by the Board and given the floor as soon as the point being made is concluded. A Direct Response can only be used to refer to and discuss the point made directly beforehand. If two or more Direct Responses are requested at once, the Board will decide which Committee to recognise. In this case, the second Direct Response shall only be held if it can be referred to the first Direct Response, so on and so forth.

Point of Order

These can be raised by the Chairperson if a Delegate feels the Board have not properly followed parliamentary procedure. Ultimately, the authority of the Board is absolute.

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THE OFFICIALS The President The President is the person responsible for the execution of the session. He or she is always an alumnus with extensive experience of the EYP. The President will lead all activities during the session and lead the General Assembly.

Vice Presidents During the General Assembly, the President will chair the debates and the voting, and make sure that the parliamentary procedures are respected. During the General Assembly, the President is aided by two Vice-Presidents, both with experience as Chairpersons during previous sessions. The Board decides which order the various resolutions are to be debated, and is responsible for creating an agenda as well as making sure that it is followed.

Chairpersons The Chairs are responsible for the different committees, which they will lead throughout the session. For guidance during the session feel free to ask your chairs.

Organisers The head organiser has been working on preparing the session for the past few months. Along with a team of organisers they will make sure that the session will run smoothly. All organisers are ready to answer questions and assist if problems arise.

Media Team The media team will consist of one editor, editorial assistant and three journalists. The media team will produce pictures and videos of the session.

Jury Members The jury will be responsible for the school selection to the another sessions. They will observe delegates during the session and together decide on who to send through.

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COMMITTEE TOPICS OVERVIEWS 13

LIBE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS (LIBE) In recent times, especially during the migrant crisis, many European countries have seen a rise in right wing extremism. What measures can Member States implement in order to counter this development and its consequences on society?

1. Key Terms

By Kinga Ścierska (PL) and Marcin Skiba (PL)

Right-wing extremists - while there is no uniform definition, these terms loosely encompass individuals or groups associated with white supremacist, anti-government, sovereign citizen, patriot, militia, or other ideologies that target specific religious, ethnic, or other minority groups. 1 Populism - political doctrine that supports the rights and powers of the common people in their struggle with the privileged elite. 2 Neo-Nazism - any social or political movement seeking to revive National Socialism or a form of Fascism, and which postdates the Second World War. Its core elements include anti-Semitism, racism, and/or xenophobia, and may also include elements such as nationalism, militarism, and homophobia. These groups often draw membership from people who scapegoat their society’s problems, such as the disintegration of national unity and culture. 3 Xenophobia - fear or hatred of foreigners, people from different cultures, or strangers. 4 Racism - Prejudice or discrimination directed against someone of a different race based on the belief that one’s own race is superior. 5 Radicalisation - is a process by which an individual or group comes to adopt increasingly extreme political, social, or religious ideals and aspirations that reject or undermine the status quo (existing state or condition) or undermine contemporary (current) ideas and expressions of freedom of choice. 6 Migrant -a person who moves from one place to another in order to find work or better living conditions.7 European migrant crisis - with the unprecedented volumes of new arrivals, even the best-prepared European countries have reached a breaking point in their ability to meet European Union (EU) standards for receiving and processing applicants. 8 Eurosceptics - is a term used to describe those people who opposed to Treaty on European Union and attempts by the EU to introduce further integration. However, the term is a rather loose concept and Eurosceptics can be divided into “hard” (oppose all steps towards European integration) and “soft” (object http://www.motherjones.com/politics/2015/06/right-wing-extremism-explainer-charleston-mass-shooting-terrorism Ibid.

3 Ibid.

4 Ibid.

5 Ibid.

6 Ibid.

7 https://en.oxforddictionaries.com/definition/migrant 8 http://www.migrationpolicy.org/article/europe-migration-crisis-context-why-now-and-what-next 1

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to certain aspects of the EU)9 . There is a vagueness of the term Euroscepticism and this is partly reflected in the fact that scholars have not as yet identified a precise definition for the phenomenon of party-based opposition to Europe. 10

2. Topic Relevance Over one million refugees and migrants fled to Europe by sea in 201511 . Since that year a migrant crisis has become a major political, economic and most importantly social issue. Some Europeans see refugees as a growing threat to their security, jobs and cultural values. This type of fear and uncertainty is used by populist politicians to gain more support for their radical ideologies. Furthermore, the Brexit referendum also influenced the number of Eurosceptics, as people started to doubt the effectiveness and usefulness of the European Union. For the two recent years, there has been a noticeable rise in the support for populist right-wing parties and generally right wing extremism in countries such as France, Austria, Germany, Poland or Hungary. Extreme right-wing parties often openly support and encourage extreme nationalism, racism and xenophobia. Such ideologies affect whole societies but especially harm religious, ethnic and national minorities in the Member States. Between 2000 and 2014 right wing ‘Ione wolves” killed more people than Islamic terrorists acting alone.12 The most staggering were the two sequential attacks from Norway by Anders Breivik who was heavily motivated by right wing ideologies and identified himself as a fascist and a national socialist. The attacks claimed a total of 77 lives and injured 319. 13 Twice in European history radical nationalism, racism and xenophobia has led to total wars. That is why it is so important not to ignore any radical behaviour that directly violates European values such as democracy, respect towards human rights and solidarity.

A Dictionary of the European Union, Lee McGowan, David Phinnemore ISSN 1815-347X online. Vasilopolou, S. (2009). ‘Varieties of Euroscepticism: The Case of the European Extreme Right’, Journal of Contemporary European Research, Vol. 5, No. 1, pp. 3-23.

11 http://www.unhcr.org/news/latest/2015/12/5683d0b56/million-sea-arrivals-reach-europe-2015.html 12 https://www.theguardian.com/world/2016/jun/22/rightwing-lone-wolves-islamist-extremists-report-thinktank-rusi 13 http://www.nytimes.com/2012/08/25/world/europe/anders-behring-breivik-murder-trial.html 9

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3. Stakeholders European Commission - which is the EU’s politically independent executive arm. It is alone responsible for drawing up proposals for new European legislation, and it implements the decisions of the European Parliament and the Council of the EU. Moreover, one of problems at hand for the Commission, is the rise of extremists in the European Union. They are actively trying to find solutions to this problem such as countering terrorist propaganda and illegal hate speech online, promoting an inclusive, open and resilient society and reaching out to young people and addressing radicalisation in prisons. However, one of their main solutions was setting up the RAN network. 14 The United Nations - The UN works towards a world with peace and to do that, one of their main focus is on violent extremist groups. These groups include the likes of ISIS, Al-Qaeda and Boko Haram but it does not undermine the rising threat of extremist groups in Europe such as the Neo-Nazi parties. They have made Resolution 70/139 against such groups which can be viewed here.

Governments - Both the United nations and the European Union play majors roles on the world’s politics, creating resolutions and legislation but the national governments are the ones who implement these laws and recommendations. 15 Right wing extremist’s groups/right wing parties - many of those parties openly promote radical and extreme ideology including nationalism, xenophobia, racism, complete Euroscepticism and reactionary views. Examples of these groups include the extreme Golden Dawn party in Greece, the National Democratic Party of Germany, Party for Freedom in the Netherlands and the National Front party in France.

4. Main Conflicts: We are in the middle of a migrant crisis, are facing sluggish economic growth and there is a growing disillusionment with the European Union. People want things to get better and believe the current government is not doing enough. They want to see change and the charismatic leaders in the far right parties seem appealing to them. Many voters are uncomfortable with the cultural shifts brought about by an influx of immigrants, particularly those from Arab countries. These voters see immigrants as competition for jobs and entitlements. Therefore, they support right wing populist parties because of their anti immigration policies. 16 The supporters of such parties are also concerned about Euroscepticism. They generally place a strong attachment to their national identity so they are sceptical of any institution that would limit their sovereignty. Right wing parties and their supporters can sometimes create conflict and instability in the Member States. This is chiefly because of violent acts that are committed directly or indirectly by them. For example, in Germany, a recorded 1,40817 violent acts were carried out by right wing supporters last year.

Furthermore, the development of radical ideology is harmful especially to the most vulnerable part of the

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http://europa.eu/rapid/press-release_IP-16-2177_en.htm https://finlandpolitics.org/2015/08/07/neo-nazis-activities-in-finland-the-government-has-to-put-an-end-to-them-and-concentrate-on-finlands-situation/ 16 http://digitalcommons.csbsju.edu/cgi/viewcontent.cgi?article=1044&context=honors_theses 17 http://www.businessinsider.com/germany-is-trying-to-ban-a-far-right-political-party-but-it-cold-backfire-2016-8?r=US&IR=T&IR=T 14 15

society such as racial, ethnic and national minorities. Their rights and security is especially endangered by radical shifts.

These are the reasons why many governments are actively trying to find ways to stop the development and expansion of such parties, but in a democratic society banning a lawful party is against the basic European values of democracy and freedom.

Right-wing populist receive a lot of media attention because of the provocative, emotional and simplified nature of their political communication. Furthermore, media often tend to promote negative portrait of immigrants, as the controversial information cause more sensation and draws more attention of the viewers. This kind of activity is not against the law, but certainly is biased and directly increases the support for radical right-wing parties.

In order to prevent and deter right wing extremists from gaining more popularity and votes, it is crucial to look at who their supporters are and why are they voting for these parties.

source:http://blogs.lse.ac.uk/europpblog/2013/07/08/rising-euroscepticism-is-positively-linked-to-increased-support-for-radical-right-wing-parties/

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The picture above shows the fairly positive correlation between an individual voter’s level of Euroscepticism and the likelihood that he or she will support a right wing populist party.

5. Legislative Background EU Radicalisation Awareness Network (RAN) uses the extensive knowledge of practitioners, researchers and NGOs and to facilitate the exchange of experiences and best practices in the field of preventing and responding to radicalisation. This network is one of the ways the European Union is trying to stop the rise of extremism in Europe. 18 The Europe for Citizens Programme is a project that last from 2014 to 2020. It was established to contribute to citizens’ understanding of the EU, its history and diversity and foster European citizenship and improve conditions for civic and democratic participation at EU level. 19 There is already a broad set of rule established to tackle any forms of racism and xenophobia in media and public life.

Those measures include: - the Framework Decision on combating racism and xenophobia20 - penalising public incitement to violence or hatred on the basis of race, colour, religion, descent or national or ethnic origin; - the Race Equality Directive21 - prohibiting discrimination on the grounds of racial or ethnic origin in several walks of life; - the Audio-visual Media Services Directive22 - banning incitement to hatred in audio-visual media services and the promotion of discrimination in audio-visual commercial communications; Furthermore, European Union provide financial support for various activities: - the Fundamental Rights and Citizenship Programme23 - to fight against racism, xenophobia and antiSemitism; - the Youth in Action24 and the Lifelong Learning25 programmes - to promote cultural diversity , democratic values and respect for human rights; - the Refugee Fund26 and the Integration Fund27 - to facilitate the integration of third-country nationals and to protect the rights of persons requiring international protection in EU countries.

Article 7 of the Treaty of Amsterdam was introduced to reassure the xenophobic and wary alike, at a time when the EU wanted to expand to the east. To join the EU, countries have to meet rules on democratic governance and human rights. It threatened any country that violated EU fundamental values — defined http://ec.europa.eu/dgs/home-affairs/e-library/docs/fight-against-radicalisation/role_of_ran_en.pdf http://ec.europa.eu/citizenship/europe-for-citizens-programme/index_en.htm 20 http://ec.europa.eu/justice/fundamental-rights/racism-xenophobia/framework-decision/index_en.htm 21 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0043:en:HTML 22 http://ec.europa.eu/avpolicy/reg/tvwf/index_en.htm 23 http://ec.europa.eu/justice/grants1/programmes-2007-2013/fundamental-citizenship/index_en.htm 24 http://eacea.ec.europa.eu/youth/index_en.php 25 http://ec.europa.eu/education/lifelong-learning-programme/doc78_en.htm 26 http://ec.europa.eu/home-affairs/funding/refugee/funding_refugee_en.htm 27 http://ec.europa.eu/home-affairs/funding/integration/funding_integration_en.htm 28 http://www.politico.eu/article/hungary-eu-news-article-7-vote-poland-rule-of-law/ 18 19

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as “liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law” — with sanctions. At its most extreme, a country’s voting rights could be suspended. 28

6. Key Questions Despite the fact that extreme right-wing ideology poses a threat to European values and solidarity, many people choose to support them. Some of their supporters may not fully agree with their political programs.

Majority of them choose to vote for them mainly due to the growing fear of immigrants. What should be done in order to tackle this issue and decrease the high levels of immigrant’s angst all over the Europe?

How to protect minorities and immigrants, who remain most vulnerable to xenophobic and racist attacks from extreme right-wing parties?

How to raise awareness among the European voters about the negative impact connected with extreme right-wing ideology?

How to legally and effectively counteract the continuous rise of right-wing extremism and prevent it in the future?

7. Links for further research -http://www.nytimes.com/interactive/2016/05/22/world/europe/europe-right-wing-austria-hungary. html Europe swinging to the right -http://www.spiegel.de/international/world/trump-election-boosts-european-populists-a-1122077.html Trump election boosts European populists -https://www.theguardian.com/world/2016/jun/22/rightwing-lone-wolves-islamist-extremists-report-thinktank-rusi Far-right lone attacks present bigger threat than jihadists -http://digitalcommons.csbsju.edu/cgi/viewcontent.cgi?article=1044&context=honors_theses Analysis of the rise of right wing populist parties in Western Europe Movie materials: -https://www.youtube.com/watch?v=6dj71ywmuOY Voices from Europe’s right -https://www.youtube.com/watch?v=jaWGCaNj1Vw Why right-wing groups are on the rise in Europe

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AFET COMMITTEE ON FOREIGN AFFAIRS (AFET) A Balancing Act on the Border: In light of the findings of the European Commission’s 2015 Annual Progress report on Turkey, how best should the EU address the ongoing violations of human rights and press freedom while maintaining the cooperation required to tackle the refugee crisis?

By Valentina Schutze Sanchez (ES) and Dominik Frej (PL)

1. Key Terms - Human rights: a set of rights that every human being possesses and that should be universally protected, which are set out in The Universal Declaration of Human Rights proclaimed in Paris in 1948.

- Press freedom: the right to propagate information and/or opinions by means of any type of public media without interference or censorship from the government.

- Refugee crisis: a state of crisis in the EU caused by the rising number of refugees and migrants coming to seek asylum in Europe from African war affected zones, particularly, but not exclusively, Northern Africa.

- Principle of non-refoulement: a principle of international law which states that it is forbidden to all States to return a refugee to a territory where they are being persecuted for racial, political or religious reasons.

- Refugee: a person who has escaped their country because of war, persecution or a natural disaster, and has been granted permission to live and work in another country.

- Asylum seeker: a person who seeks the refugee status, but has not been granted it yet, and hence doesn’t have a work permit in the country in which it is seeking refuge.

2. Topic Relevance Bearing in mind that more than one million migrants and refugees came to the EU in 2015, and that most of them did so via Turkey 1, cooperation with the country is vital. Numerous attempts have been made by the two parties to come to a consensus about how to tackle the refugee crisis, which escalates as the situation in Syria and other countries such as Iraq, Afghanistan and Somalia remains unstable.

EU-Turkey relations, however, have not always been on good terms, and discrepancies between the two parties on fundamental governance methods has proved to be an obstacle in their understanding. The European Commission’s 2015 Annual Progress report on Turkey points out that there is a lack of respect

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https://goo.gl/zmxBhx https://goo.gl/mkkWE2

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for the rule of law and fundamental rights, including freedom 2 of expression. Respect for Human Rights is one of the core European values, and forms one of the conditions that Turkey must fulfil in order to obtain visa liberalisation in the EU, and eventually be granted EU Membership 3. Meanwhile, the Turkish government insists that the measures that have been taken which arguably suppress freedom of expression and the press were necessary, and a matter of national safety.

On the 18th of March 2016, progress seemed to had been made when the EU-Turkey Joint Action Plan4 was signed, in the hopes that the measures described in it would successfully deal with the refugee crisis.

Unfortunately, public opinion and third parties such as the UNHCR (United Nations High Commission for Refugees), have been very critical about the Plan and many are sceptical about its effectiveness, arguing that it breaks the principle of non-refoulement and jeopardizes refugee rights. 5

3. Stakeholders - The European Commission and the European Union have set up the ‘Facility for Refugees in Turkey 6 and are committed to providing assistance in dealing with refugees. They have also offered Turkey visa liberalisation for its citizens in exchange for its cooperation on the matter, even reopening the negotiations for Turkey’s accession into the EU, but they do ask for certain conditions to be met, some of them being respect for the rule of law and freedom of expression. Since the 2015 Annual Progress report on Turkey, negotiations have occasionally frozen, and even within the EU there has been reluctance to move on with the process.

- The Turkish Government justifies the violations on freedom of expression as a necessity for the sake of national security, and is explicit about its intention to cease cooperation if visa liberalisation is not granted, despite the conditions set by the EU not being met.

- The Turkish locals have expressed their discontent with the current situation in Turkey, claiming that there has been increased crime in areas of high concentration of refugees. The large numbers of refugees being hosted in the country is also posing great strains to their public services.

- Refugees are not satisfied with the treatment they are receiving neither from Turkey7 nor from hosting EU Member States8. In fact, there have been numerous cases of refugees suing individual Member states as well as the EU as a whole9. The conditions of the Joint Action Plan have also been heavily criticised, particularly the fact that those landing directly on EU territory will most likely be transferred to Turkey.

- Public Opinion as well as that of international entities such as UNHCR (United Nations High Commission for Refugees) or Amnesty International also have a role to play. The UNHCR act as a supervising body in the process of resettling refugees, although it has openly condemned the deal. The Joint Action Plan has met disapproval from the international community, and it has even been claimed that it breaks the principle of non-refoulement. https://goo.gl/lyyHw4 https://goo.gl/qs1dXJ 5 https://goo.gl/xDVK89 6 https://goo.gl/DIJKrb 7 https://goo.gl/VKgIEb 8 https://goo.gl/VOXwyv 9 https://goo.gl/8XfMu4 3 4

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4. Main Conflicts Turkey alone cannot shoulder this heavy responsibility. This should be shared internationally.

UN High Commissioner for Refugees Filippo Grandi There has been great controversy on whether Turkey should join the EU or not. There is support for Turkey’s application both in Europe and in the US for moral and economic reasons, but the continued deterioration of respect for freedom of expression, as well as corruption within the government and oppressive Anti-terrorism laws are proving to be an obstacle in reaching an agreement . The targeting of journalists, political activists and civilians who were critical of government policy on social media, as well as unlawful criminal prosecutions of opposition to the government, has been condemned by the EU as a practice that could potentially nullify the Visa deal. The Turkish government, however, insists that the EU does not have a say on Turkish internal governance laws11.

As of September 2016, there were 3.1 million refugees registered in Turkey, 90% of which were outside camps with limited or no assistance12. For many of them survival has become a struggle, finding it hard to access food and proper shelter. There have been cases of exploitation in the form of underpaid work, and asylum applications for non-Syrians are rarely processed. Amnesty International has been extremely critical with the conditions that refugees are forced to live under, as well as with the deal itself, claiming that the principle of non-refoulement has been broken when Syrians have been pushed back by authorities at the Turkish border13.

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https://goo.gl/jiWSNd https://goo.gl/1c3HeX 13 https://goo.gl/wx7pGx 11

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5. Legislative Background The EU-Turkey Joint Action Plan was developed for the two parties to work together in managing the refugee crisis. The aim of the Plan is to decrease illegal smuggling and irregular migration to the EU, as well as assisting Turkey in dealing with the vast number of refugees it currently hosts. There are two main areas agreed upon:

1. Turkey will protect Syrian refugees, offering them access to public services such as healthcare and education, and the EU will provide assistance for Turkey in the form of funds and infrastructure.

2. Turkey will make an effort to contain migrants within its borders and prevent them from entering to the EU and the EU will transfer irregular migrants arriving into the EU to Turkey. For every migrant Turkey takes, a refugee already in Turkey will be resettled into the EU (the so called ‚one-in, one-out’ deal). In exchange, the visa liberalisation talks will be reopened14.

There are, however, 72 conditions that must be met by Turkey in order for the country to gain visa liberalisation15. Progress has been made, with 65 of those conditions already being fulfilled, but there are some

14 15

https://goo.gl/RBTVmr https://goo.gl/tA3zAr

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areas, such as anti-terrorism and corruption prevention legislation, which are posing real difficulties when it comes to moving forward with the negotiations, since they represent great differences in fundamental governance methods between the two parties.

6. Key Questions - What should the EU respond to the violations of human rights and freedom of speech in Turkey?

- Is the EU in a position to demand a change in Anti-terrorism laws from Turkey?

- How much should the EU concede with regards to the conditions that must be fulfilled for Turkey to obtain visa free travel?

- How should the EU respond to the claims that the EU-Turkey Joint Action Plan violates the principle of non-refoulement?

- What is the most effective way to improve conditions of the refugees in Turkey? How can their rights be ensured?

- What direction should EU-Turkey cooperation move towards, so that European values and the collaboration are not compromised?

7. Links for Further Research Official Links - OECD - How’s Life in Turkey? - https://goo.gl/5PeC8z - UNHCR - Refugees/Migrants Emergency Response - https://goo.gl/PNDwub - UNHCR - Europe - https://goo.gl/bwmRUx - EU - Key findings of the 2015 report on Turkey - https://goo.gl/r6fo3o - EU - Turkey 2016 Report - https://goo.gl/5TQGNY - EU - Turkey Joint Action Plan - https://goo.gl/TcCB5H - EU - Turkey Joint Action Plan: Implementation Report - https://goo.gl/hZPoNj - EU - Turkey Statement: Questions and Answers - https://goo.gl/fxgdR8 - EU - Turkey: Refugee crisis - https://goo.gl/hW72E0 Media Coverage - Financial Times on EU-Turkey Relations - https://goo.gl/QxYSHh - BBC on European migrant crisis - https://goo.gl/jQ9LOm - The Guardian on Turkish Accession - https://goo.gl/WF73wc

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CULT Committee on Culture and Education (CULT) Digital exclusion and cyberbullying: considering that reportedly 6% of kids between age 6 and 16 have been victims of cyberbullying, how can the European Union’s educational systems foster attitudes in students that lead to ethical use of digital technologies?

By Zuzanna Palion (PL) and Kajetan Rachwał (PL)

1. Key Terms - Cyberbullying 1 - A form of bullying; it is a form of aggression (humiliation, harassment, social exclusion, mockery, unpleasant comment, etc.) involving intentional or even harmful behaviour.

- Social network 2 - An online community of people with a common interest who use a website or other forms of technology to communicate with each other and share information, resources, etc.

- Digital exclusion 3 - The lack of technology resources and access for students in poverty, minorities, English language learners, and students with disabilities.

2. Topic Relevance With the 21st century, the digital age came and the level of the technological development that had taken place is indescribably high. Its influence on society plays an important role. Adolescents, in particular, now utilize all the technological facilities to communicate with their peers constantly and instantaneously.

While this has opened new channels of communication for adolescents that can often be advantageous, this has also left many vulnerable to social experiences that are manipulated and meant to hurt. 4 Everything has both sides, so technology has allowed individuals to create another form of bullying called “cyberbullying”. Due to the characteristics of the online environment where the attacks take place, the circle of bystanders witnessing the victim’s shame can be infinitely extended. That environment results in the anonymity and lack of personal contact between the victim and the attacker. It means that the attacks are not limited by empathic reactions to the victim’s suffering, and culprits can go unpunished for long periods of time. 5 According to a survey conducted by BeatBullying and Coface’s #DeleteCyberbullying campaign: - 55% of bullied children in Europe said they have become depressed as a result.

- 35% of bullied children in Europe said they have harmed themselves.

- 38% of bullied children in Europe have suicidal thoughts.

European Commission, Social Networks and Cyberbullying among Teenagers Social Network according to dictionary.com 3 Digital Exclusion according to IGI Global 4 Cyberbullying and the Digital Divide: Student and Teacher Perceptions and Reactions Dissertation, the Ohio State University, 2013 5 Cyberbullying risks permanent harm to European children, 2014 European Platform for Investing in Children, europea.eu 1 2

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As stated in the 2008 Eurobarometer survey, around 54% of European parents are worried that their child could be bullied online 6. Though the rising concern about it is not to be downplayed. There are real consequences of cyberbullying such as suffering from psychological problems, social isolation, feelings of insecurity, suicidal thoughts, attempted suicide.

The lack of harmonisation of law in the EU for punishing cyberbullying needs to be considered, highlighted by the fact that only Belgium, Germany, Italy, Ireland, the UK and Spain have dedicated juvenile courts to try these types of cases. 7 However the problem here is a part of the debate - whether it is right to criminalise and punish children for cyberbullying as it may be the result of their behavioural problems if they are e.g. victims of abuse at home. Additionally, only Spain, Italy, Greece, Finland, Croatia and Belgium require teachers to oversee the process of implementation of early warning systems in schools, with a series of indicators that allow teachers to spot cases of cyberbullying and inform parents or guardians.8 Unethical use of digital technologies by children is a sensitive issue because of their role. Their maturity as well as unawareness of the impact of their actions is often a disputable topic. Schools are not the place where the incidents happen, however their consequences are probably the most visible there and results in students having difficulties there.

Then, there is the digital exclusion. On the one hand it may prevent bullying. On the other it makes being bullied even more harmful due to the unawareness of what was going on on the Internet. As the use of Internet among children is highly increasing, there are still the ones who cannot gain access to it, because of e.g. poverty.

Fig. 1 shows in data how the problem of cyberbullying looks like in the European Union.

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According to the 2008 Eurobarometer survey, (IP/08/1899) Cyberbullying: A creeping phenomenon, only punished by law in Spain, 2016, euractiv.com 8 ibid 6 7

3. Stakeholders CHILDREN They are the main subject in here as the aim is to improve their situation. They should be considered obviously as victims; however, the term is to be defined. Not only harmed children, but also children actually hurting others might be thought about this way. Both sides are required to help eliminate the problem.

SCHOOLS (teachers) The responsibility for action is very split in this case. The schools’ task might be to increase awareness as it is the most direct way. However anti-cyberbullying policy is not specified there and it is believed that school actions can make a change.

PARENTS Parents are legally responsible for their children and they are the ones who raise them. Therefore, their attitude towards the problem is significant. Parents can introduce children to rules and explaining how to use technology in a responsible way from a young age, which can influence the children’s actions in the future.

EUROPEAN UNION The European Union has tried to address the problem as recognized in Member States. An example is the “European Awareness Raising Campaign on Cyberbullying”, or #DeleteCyberbullying.

MEMBER STATES The European Commission thinks that European action is necessary because social networks connect people across borders, making it harder for local or even national measures to tackle this problem alone.

9 Therefore Member States need to be called for cooperation and unification of actions.

NGOs Focusing mainly on awareness and support they are an important tool to tackle the problem, a great example can be the Cybersmile Foundation (international). It is committed to tackling all forms of digital abuse and bullying online, promotes diversity and inclusion by building a safer, more positive digital community, provides support and help for victims, runs an annual “Stop Cyberbullying Day”.

4.Main Conflicts Current analysis based on recent surveys10 show that cyberbullying is increasing everywhere, and touches mainly teenagers (people aged 8 to 17). The main reason why cyberbullying is such a major problem is the fact that it takes on so many different forms. Most of the victims feel hopeless because of the anonymity of the assailant. Anonymous e-mails, text messages or smear campaigns have little chance of being prevented and mentally scar those subjected to these bullying methods. Studies have also shown that many Safer Internet Day 2009: Commission starts campaign against cyberbullying, 2009, European Commission E.g.: Microsoft’s Global Youth Online Behavior Survey, 2012; Pew Internet and American Life project, 2011; EU Kids Online survey, 2011; Associated Press/MTV study, 2011;Cox Communication, 2009.

9

10

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people who describe themselves as ‘cyber bullies’ were, or are, bullied. This is similar to real-life bullying.

On the other hand, teenagers lack knowledge on the topic which leads to unintentional cyberbullying.

Teens simply don’t realize that what they are doing is wrong and harmful. The reason for that is lack of suitable educational measures. Surprisingly, due to digital exclusion many kids are bullied in the internet without knowing about it. This later may be passed on to their everyday life with them being ostracized from their social groups. Yet being digitally excluded also provides them an immunity to various forms of cyberbullying.

Fig. 4 Based on online behaviour survey conducted in 25 countries

5.Legislative Background The EU Agenda for the rights of the Child11 commits EU to the promotion, protection and fulfilment of the rights of the child. It focuses on protection children from violence. This includes cyberbullying. As a result, Member States have created the The Self-regulation for a Better Internet for Kids in order to create a better internet for children. It constitutes of few smaller initiative being: European Framework for Safer Mobile Use by Younger Teenagers and Children12. Its key targets are: - access control for adult content, - awareness raising campaigns for parents and children, - the classification of commercial content according to national standards of decency and appropriateness,

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European Commission - An EU Agenda for the Rights of the Child European Framework for Safer Mobile Use by Younger Teenagers and Children

- the fight against illegal content on mobiles.

The Safer Social Networking Principles for the EU13 - a self-regulatory agreement signed by the major social networking services providers active in Europe. Its most important assets are: - Raising awareness of safety education and acceptable policies - Work towards ensuring services age-appropriate - Empowering users through tools and technology - Provide easy to use reporting mechanism for violating Terms of Service.

CEO coalition to make the Internet a better place for adolescents is a cooperative voluntary intervention designed to respond to emerging challenges arising from the diverse ways in which young Europeans go online. The signatory companies have taken positive action in 5 areas: - Simple and robust reporting tools for users - Age-appropriate privacy settings - Wider use of content classification - Wider availability and use of parental controls - Effective takedown of child sexual abuse material

6. Key Questions - What makes cyberbullying more harmful than the traditional bullying?

- What measures have the EU and NGOs undertaken to tackle the problem?

- Is it appropriate for parents to ban their children from using the Internet in case when they are the bullies?

- Should school take care of showing children the ethical use of Internet or is it up to parents?

- How to address the problem considering the immaturity of children?

- How to deal with the consequences of cyberbullying considering the harm it makes on children?

7. Links for further research Europeans Parliament “Cyberbullying among young people� 2016 Study for the LIBE Committee. http://www.europarl.europa.eu/RegData/etudes/STUD/2016/571367/IPOL_STU(2016)571367_EN.pdf An article about internet usage by young Europeans http://ec.europa.eu/eurostat/statistics-explained/index.php/Being_young_in_Europe_today_-_digital_world European Commission report on Social Networks and Cyber-bullying amongst Teenagers http://ipsc.jrc. ec.europa.eu/fileadmin/repository/trva/sidso/docs/cyber-bullying-MAIN.pdf Article about cyberbullying by Nobullying.com, an NGO aimed to stop bullying https://nobullying.com/ why-is-cyber-bullying-a-problem-and-how-to-stop-it

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Safer Social Networking Principles for the EU

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DROI COMMITTEE ON HUMAN RIGHTS - DROI Despite certain implementations introduced in order to provide LGBT+ people with equal rights in terms of partnership and conditions of living, there are still numerous unrecognised crimes affecting the minority. What amendments can Member States introduce to tackle the problem of aggression towards LGBT+ persons?

1. Key terms

By Sara Fukushima (PL)

- Sexual orientation - romantic or sexual attraction to other people - Gender identity - one’s internal and individual experience of being male, female, combination of both or neither.

- Gender expression - one’s external appearance expressing their gender identity (e.g. through clothing, behaviour etc.)

- LGBT+ - an acronym standing for Lesbian, Gay, Bisexual, Transsexual. The “+” represents other sexual minorities.

Fig. 1 Difference between the 4 aspects of person’s sexuality. 1

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1

Becoming Jordan https://onbecomingjordan.wordpress.com

- Homophobia - aversion, antipathy, contempt or hatred towards homosexuals.

- Hate speech - refers to the incitement and encouragement of hatred, discrimination or hostility towards an individual that is motivated by prejudice against that person because of a particular characteristic, for example, their sexual orientation or gender identity. 2 - Hate crime - a crime motivated by prejudice against the victim because of their race, religion, sexual orientation etc.

2. Topic Relevance Among victims of hate speech, LGBT+ individuals are one of the most frequently targeted group. The fear and sense of shame resulting from acts of both verbal and physical aggression stop LGBT+ persons from fully participating in society, which often leads to mental health disorders such as depression 3. As seen from the graph below, social exclusion of LGBT+ persons also negatively affects economy.

Fig. 2 How homophobia can affect the economy. 4 The extent of hate speech and hate crime towards LGBT+ persons in the EU is not clear because most Member States do not collect data on this issue. 5 Moreover, existing statistics are believed to underrate this problem as more than half of the victims of hate crimes do not report the incident to the authorities, believing they would not be taken seriously. 6 This shows the lack of mutual trust between the police and European Union Agency for Fundamental Rights http://fra.europa.eu/sites/default/files/fra_uploads/1226-Factsheet-homophobia-hate-speech-crime_EN.pdf 3 The Guardian, “Breaking the taboo over the mental health crisis among Britain’s gay men” https://www.theguardian.com/ theobserver/2010/aug/22/gay-attitude-depression-isolation 4 The Huffington Post, “Homophobia is hurting the economy” http://www.huffingtonpost.com/2014/06/13/homophobia-economy-india_n_5488662.html 5 European Union Agency for Fundamental Rights http://fra.europa.eu/sites/default/files/fra_uploads/1226-Factsheet-homophobia-hate-speech-crime_EN.pdf 6 BBC, “EU LGBT survey: Poll on homophobia sparks concern” http://www.bbc.com/news/world-europe-22563843 2

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the victims. Additionally, many of the LGBT+ victims of hate speech admit they have not turned for help to the police as it carried a risk of disclosure of their sexual orientation. 7

3. Stakeholders European Union Agency for Fundamental Rights (FRA) - an EU body tasked to help ensure the protection of the fundamental rights of the citizens in the EU by providing EU institutions with expert analyses, surveys and reports on a range of issues.

Organisation for Security and Co-operation in Europe (OSCE) - the world’s largest regional intergovernmental security organisation. OSCE produces an annual report Hate Crimes in the OSCE Region – Incidents and Responses that include studies on hate crimes towards LGBT+ persons.

The European Region of International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe) - an international non-governmental umbrella organisation that brings together almost 500 organisations from all over Europe. ILGA-Europe represents the LGBT+ movement in negotiations with the European Union, Council of Europe and the Organisation for Security and Co-operation in Europe.

4. Main Conflicts

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Fig. 3 Homophobia-related crimes in Europe. 8 ILGA-Europe, “Hate crime & hate speech” http://www.ilga-europe.org/what-we-do/our-advocacy-work/hate-crime-hate-speech 8 BBC “EU LGBT survey: Poll on homophobia sparks concern” http://www.bbc.com/news/world-europe-22563843 7

In Europe, especially in its eastern region, there is still a strong conviction that romantic and sexual attraction to a person of the same sex is unnatural and morally wrong. The lack of education on issues such as gender identity and sexual orientation results in the social exclusion of LGBT+ persons. Studies have found that LGBT+ youth attempt suicide 3 times more frequently than their heterosexual counterparts. 9 The activities which aim to diminish LGBT+ persons’ rights are undertaken by groups who believe that the traditional family model is under threat. This leads to stigmatisation of sexual minorities and violating their fundamental rights.

5. Legislative Background The rights of LGBT+ individuals are protected by the EU law Article 21 Charter on Fundamental Rights of the EU which states that “any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.” Moreover, the EU’s Directive on the rights of victims recognises the fact that victims of hate crimes (including LGBT+ persons) should be individually evaluated as they may have special protection needs due to the nature of the crime.

When it comes to criminalising hate speech, Member States have adopted different approaches to this issue. In some of them, inciting hatred or violence on grounds of sexual orientation is not specifically defined as a criminal offence. Physical attacks, however, are currently criminalised by all Member States. In most Member States, the penalty for these offences can become more severe if they were motivated by prejudice against e.g. a person’s race or religion (known as an ‘aggravating factor’). However, EU law does not require Member States to include homophobia or transphobia as an ‘aggravating factor’ for criminal offences. 10

6. Key Questions

- How can we educate the society on the nature of homosexuality, bisexuality and transsexuality?

- What can we do to encourage victims of sexual orientation or gender identity related hate crimes to report the incident to the authorities?

- How can we ensure that hate speech and hate crimes related to one’s sexual orientation or gender identity will be adequately penalised?

- How can the fundamental rights of LGBT+ individuals be protected?

7. Links for further research European Union Agency for Fundamental Rights, Protection against discrimination - legal update 2015 http://fra.europa.eu/sites/default/files/fra_uploads/protection_against_discrimination_legal_updasource: healthyplace.com http://www.healthyplace.com/gender/glbt-mental-health/homosexuality-and-suicide-lgbt-suicide-a-serious-issue/ 10 European Union Agency for Fundamental Rights http://fra.europa.eu/sites/default/files/fra_uploads/1226-Factsheet-homophobia-hate-speech-crime_EN.pdf 9

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te_2015.pdf - Chapter 3 The Guardian, Most gay victims fail to report hate crimes to police https://www.theguardian.com/world/2013/oct/15/gay-victims-hate-crime-police The Huffington Post, Many European Doctors Believe Homosexuality Is A Disease http://www.huffingtonpost.co.uk/entry/european-doctors-homosexuality-disease_uk_56f12a1ee4b0fbd4fe088867 Der Spiegel, EU Study Finds Widespread Homophobia in Europe http://www.spiegel.de/international/europe/eu-survey-shows-widespread-homophobia-in-europe-a-900505.html

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ENVI COMMITTEE ON ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (ENVI) Owing to the recent protests in Poland, question of abortion became one of the most striking issues. The debate between pro-life and pro-choice movements is reaching its peak with no consensus.

This moral problem underpins difficulties with creating a comprehensive legislature addressing this matter. How can the European Union react in order to provide a mutually satisfying solution?

By Lesya Pohorila (UA) and Klaudia Mironiuk (PL)

1. Key Terms - Pro-life - belief that the government has an obligation to preserve all human life, regardless of intent, viability or quality-of-life concerns.

- Pro-choice - belief that individuals have unlimited autonomy with respect to their own reproductive systems, as long as they don’t breach the autonomy of others.

- Prenatal examinations/ prenatal tests - various exams, tests and procedures performed on the mother during pregnancy. Some tests check for diseases that the mother may have, other looks for birth defects, to confirm the age, weight and health of the fetus.

- New anti-abortion legislation - (Stop Abortion project) bans every case of abortion, bans prenatal examinations, and puts fetus life over mothers’ health. Proposes to punish women for accidental and intentional miscarriage, punishment from 3 months to 5 years.

- The Family Planning, Human Embryo Protection and Conditions of Permissibility of Abortion Act - since 1932, Polish law has allowed abortions only under the following circumstances: if a woman’s life is in danger, if the fetus is damaged or the pregnancy is the result of rape or incest. It also must be performed within the first 12 weeks of pregnancy. 1 - Black protest - on 24th October, Polish women and men boycotted jobs and universities and went out on the streets to protest against the ratification of the new anti-abortion legislation.

https://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/Polish%20abortion%20act--English%20translation.pdf 1

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2. Topic Relevance In October 2015, Law and Justice (Prawo i Spawiedliwość), the right-wing, national-conservative and Christian-democratic political party in Poland took most of the seats in Sejm after the parliamentary election.

In 2016, it has proposed to fully outlaw all kinds of abortions including medical reasons and the result of unlawful acts.

Black Protest opposing the proposal took place on October 3rd 2016 in 60 cities in Poland and other European countries with around 100,000 participants. Women and men dressed in black protested against the new legislation.

Members of the Parliament rejected both projects and left the legislation in the same form it was. As long as the right-wing political party is in the majority, there is still a possibility that they will propose another legislation which will limit abortion rights and prenatal examinations at the same time. The new proposed legislation in 2016 stated that even in the case of accidental miscarriage, pregnant women would be punished.

Fig. 1. In 2016, according to Newsweek Polska, 74% of Polish citizens supported the existing law compared to 65% in 2014.

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Fig. 2. In 2015, 80 abortions were caused by danger of life or health, 245 caused by handicap of fetus and 14 because pregnancy was caused by rape.

3. Stakeholders The main dispute over the abortion law lays between religious Catholic groups taking the pro-life position and liberal pro-feminist organizations supporting women’s right to their own bodies.

The main pro-choice group, Save the Women, argues that the current law is already extremely restrictive and proposes, along with the aforementioned changes, to establish sexual education courses for children starting from first grade (instead of sixth) and to allow free access to birth control methods to prevent pregnancy. The organization is supported by Poland’s main opposition party, Nowoczesna.

Anti-abortion activists, led mainly by one group called Stop Abortion, demanded what is widely regarded in Poland as a total ban, even in cases of rape and incest. The only exception would have been if the mother’s life was in danger. The proposal for the new law came from an anti-abortion citizens’ initiative that had gathered 450,000 signatures in this nation of 38 million, and is supported by the church. “We will strive to ensure that even in pregnancies which are very difficult, when a child is sure to die, strongly deformed women end up giving birth so that the child can be baptised, buried and have a name,” said Jarosław Kaczyński, the head of Law and Justice, the current ruling party.

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4. Main Conflicts Official figures suggest that around 1,000 legal abortions are performed in Poland each year. However, the available data does not account for backstreet abortions and terminations abroad. Because of the law limiting abortions by choice, the statistics on underground abortions is rising daily. Women’s rights organizations estimate that the true figure may be as high as 150,000. Limiting abortions may cause women to choose to find other ways, such as going abroad where abortion is legal, or conducting illegal and unsafe abortion methods, risking their health or even their lives.

Banning prenatal examination would limit a chance for every pregnant woman to check the condition of her health and prevent possible damages. Banning all prenatal examinations means that there is no possibility to check how fetus is growing, if it is healthy or if there is anything wrong and alarming, which puts women’s lives in danger. Abortions among young women under 20 years old remain high because of increased importance of education and greater centrality of goals other than motherhood and family formation; Beata Szydło, Polish prime-minister, sees the actions of the EU and proposals on domestic matters as attacks to Polish sovereignty. Therefore, the EU-Polish relations are not improving which pushes the EU to adopt the policies close to non-intervention. 2

5. Legislative Background The legal requirements for abortion vary between European countries, because abortion laws are a reflection of religious belief, culture, and economic status. For example, in Malta abortion is completely illegal, while in Poland and Ireland abortion is only allowed if pregnancy physically or mentally threatens the woman’s life. 3 The European states are divided into 3 groups depending on how each country treats abortion: first group is progressive states such as France, Denmark and Netherlands, next group is restrictive states such as Poland or Ireland and the last one is banning states like Malta.

6. Key Questions - Does the EU have enough competences to intervene into the domestic legislature-making process when it comes to the abortion law?

- How can Poland solve the dispute looking at the previous experiences of other EU countries on abortion matters?

- Should the EU be advising Polish government on further actions taken that it strongly supports one side and opposes the other one (biased)4 ?

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http://www.dw.com/en/rule-of-law-under-threat-poland-in-the-eu-pillory/a-19276653 http://worldabortionlaws.com/map/ 4 https://www.youtube.com/watch?v=kv3b2HZzoWM 2 3

7. Links for further research Historical abortion statistics in Poland http://www.johnstonsarchive.net/policy/abortion/ab-poland.html Data on abortion decrease in Poland http://www.johnstonsarchive.net/policy/abortion/polandlaw.html Competences of European Commission http://ec.europa.eu/citizens-initiative/public/competences/faq?lg=en Europe’s abortion rules-no single policy http://www.euronews.com/2016/04/14/europes-abortion-rules---no-single-policy Abortion Laws in EU Countries http://www.astra.org.pl/pdf/publications/abortion.pdf Abortion in Europe http://www.euro.who.int/__data/assets/pdf_file/0004/69763/en59.pdf Opinion of the EU on abortion matters https://www.euractiv.com/section/development-policy/news/eu-divided-over-abortion-in-development-policy/

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FEMM COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY (FEMM) With the appalling results of the EU’s Agency for Fundamental Rights’ study into violence against women, how should the EU encourage Member States to make a marked reduction in physical, mental, and sexual abuse of women?

By Gabriela Motyka (PL) and Michał Szczotka (PL)

1. Key Terms - Violence against women - a violation of human rights and a form of discrimination against women. It comprises of all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. 1 - Glass ceiling effect - an unbreakable barrier, which keeps women from rising to the upper rungs of the corporate ladder, regardless of their achievements.

- Physical Violence: - the term physical violence refers to a bodily harm suffered as a result of the application of immediate and unlawful physical force. It also encompasses violence resulting in the death of the victim.

- Psychological Abuse - psychological abuse, also referred to as emotional abuse or mental abuse, is a form of abuse characterised by a person subjecting or exposing another to behaviour that may result in psychological trauma, including anxiety, and chronic depression, - Sexual Abuse - sexual abuse is unwanted sexual activity, with perpetrators using force, making threats or taking advantage of victims not able to give consent. 2 - Domestic Violence - domestic violence shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or have shared the same residence with the victim.

- Victim - a person who has suffered harm, including physical, mental or emotional harm or economic loss, which was directly caused by a criminal offence.

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the definition established by the 2011 Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).

2 http://www.apa.org/topics/sexual-abuse/ 1

- Perpetrator - a person who commits violent acts against women. Boyfriends and intimate partners are the most common perpetrators of violence against women. Acquaintances, such as friends and co-workers of the victim, are the second most common perpetrator of violence against women.

2. Topic Relevence “Women and girls have to be at the centre of crisis and conflict prevention efforts as well as in development policies because without the empowerment of women and girls, there can be no global culture and practice of peace” says MEP Ulrike Lunacek, Vice-President of the European Parliament. Nowadays, equality and respect for human rights are fundamental democratic values. Although gender discrimination has decreased over the years, the problem of violence against women still remains an important challenge for the EU. It is considered a serious violation on human rights and has impact on all areas of life. Violence may happen everywhere: at work, at school, online 3 and, unfortunately, at home. This results in under-report of the crime - only about one third of women who have been sexually assaulted by their partners contact the authorities 4.

In march 2014, EU’s Agency for Fundamental Rights published a survey on violence against women. The results were following: one in ten women has experienced any type of sexual violence since the age of 15, one in 20 has been raped and only 14% of women has reported violence from their partners 5. The survey was based on interviewing 42,000 of women in 28 Member States of the EU. It also elaborates on the consequences of violence - besides from affecting women’s health, it also has an impact on their position in labour market which, in consequence, affects the economy in general. For example: 75% of women in workforce, especially in top management, have experienced sexual harassment 6. The health and well-being consequences have an impact also on women’s productivity on labour market, thus they create the glass ceiling effect. Respondents were asked whether they have experienced specific incidents, which they considered unwanted and offensive. This included being told sexually suggestive comments or jokes, unwelcome touching or kissing, or receiving sexually explicit emails or text messages.

Through extensive cooperation with national police and intelligence forces, the EU has taken many measures towards violence against women and women trafficking. Victims of women trafficking are eligible for financial assistance from certain EU funds in order to reintegrate into society through education, training and employment.7 Moreover, a number of projects tackling trafficking are also funded under the DAPHNE Financial programme to support NGOs helping victims, awareness campaigns, and law enforcement cooperation.8 Even though there are programmes that fund women’s refuges and health facilities, as well as efforts to change attitudes, little progress has been made in trying to tackle a matter of such importance as this.

To prevent women from the violence and support the victims, 25th of November is the International Day for the Elimination of Violence against Women.

One in ten women in the EU has experienced sexual harassment or stalking through new technologies.

Gender violence 5 FRA survey on violence against women 6 FRA survey on violence against women, main results 7 http://ec.europa.eu/archives/publications/booklets/others/80/en.pdf 8 http://www2.ohchr.org/english/issues/trafficking/docs/Dakar_Protection_Gert_Bogers.pdf 3 4

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3. Stakeholders - Women against violence Europe (WAVE) - formal network NGO9 composed of European women’s NGOs working in the field of combating violence against women and children. It aims at establishing gender equality by eliminating all forms of violence against women. WAVE supports over 100 Members, which work on the national level in 46 European countries10. The WAVE Network aims to empower women’s organizations that also fight for women’s rights and especially organizations that directly provide services to women survivors of violence.

- Directorate General for Justice (JUST) - part of the European Commission, the executive body of the European Union, responsible for the implementation of Strategy for Gender Equality/Strategy for equality between women and men (2010-2015).

- European Institute for Gender Equality (EIGE) - an agency of the EU which supports its Member States to promote gender equality and fight gender-based discrimination.

- The European Union Agency for Fundamental Rights (FRA) - an agenda of the EU which role is to connect the data on fundamental rights.

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9

non-governmental organisation Wave Members

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- European Women’s Lobby (EWL) is the largest umbrella organisation of women’s associations in the EU. They do significant work to promote reducing violence against women and leading campaigns across the continent. The EWL is the largest umbrella organisation of women’s associations in the EU, representing a total of more than 2000 organisations.

- Member States - their responsibility is to implement the EU’s strategies on national level.

4. Main Conflicts Violence against women involves huge economic costs for the society - sexualised work environment (sexual harassment, sexual assault) creates the glass ceiling effect, which leads to isolation of women on labour market, loss of their wages and even poverty. The health effects may also be terrifying. Sexual violence can have fatal outcomes, such as suicides, homicides, alcohol overuse, unintended pregnancies or sexually transmitted infections. For about 25% of victims, not contacting the authorities about the crime was the result of shame, embarrassment or even guilt11. The most common long-term psychological consequences of being affected by violence were: anxiety, loss of self-confidence and feeling vulnerable, most of them strictly caused by “victim blaming”. Women suffer also from physical injuries which vary from bruises and wounds, to broken bones or even miscarriages.

According to the the EU’s Agency on Fundamental Rights survey from 2014, one in three women has experienced physical or/and sexual violence since the age of 15. Children, raised in families which are affected by violence on women, may also suffer from behavioural disturbances12. A woman, who is exposed to violence, is being prevented from fully participating in society, due to the lack of productivity. Violence against women enforces the inequality and is a form of discrimination. Various EU-bodies have called for concrete data on violence against women, and criticised existing discrepancies in data collection. There is an absence of comprehensive data on the extent and the nature of specific types of reported abuse. For this reason, justice systems are having difficulties when they serve the rights and needs of the victims

5. Legislative Background Convention on preventing and combating violence against women and domestic violence (Istanbul convention)13 - mainly focused on 4 areas : - prevention - governments that have agreed on the convention need to do actions like: setting up treatment programmes for perpetrators of domestic violence and for sex offenders; train professionals in close contact with victims, and more.

- protection - examples of measures set forth in the Convention include: granting the police the power to remove a perpetrator of domestic violence from his or her home, making available state-wide 24/7 telephone helplines free of charge, setting-up easily accessible rape crisis or sexual violence referral centres.

- prosecution - state parties have to introduce a number of new offenses where they do not exist. These may include: psychological and physical violence, sexual violence and rape, stalking, female genital mutilation and more.

EU’s Agency on Fundamental Rights survey, 2014 Violence against women - World Health Organisation 13 Chart of signatures and ratifications of Istanbul Convention 11 12

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- integrated policies - the state parties are asked to implement comprehensive and coordinated policies involving government agencies, NGOs as well as national, regional and local parliaments and authorities14.

Victim’s Rights Directive - ensures that in all EU Member States the victims of various crimes, including domestic violence: - are treated with respect and police, prosecutors and judges are trained to properly deal with them; - get information on their rights and their case in a way they understand; - can participate in proceedings if they want and are helped to attend the trial; - are protected while police investigate the crime and during court proceedings.

Strategic engagement for gender equality (2016-2019) - evaluation of the Strategy for equality between women and men.

The Strategy of the Council of Europe on Gender Equality - a strategy which aims at achieving the advancement and empowerment of women through activities around five strategic objectives: - preventing and combating violence against women; - combating gender stereotypes and sexism; - guaranteeing equal access of women to justice; - achieving balanced participation of women and men in political and public decision-making; - achieving gender mainstreaming in all policies and measures.

Daphne Programme provides significant funding for civil society, local authorities and researchers to address violence against women in the EU. Its specific objective is to contribute to the prevention of, and the fight against all forms of violence occurring in the public or the private domain, including sexual exploitation and human trafficking. It aims to take preventive measures and provide support and protection for victims

6. Key Questions - How to fight with wide ignorance of violence against women and even accusation of victims?

- What means should be used to address the misrepresentation, objectification and sexualisation of women in the media?

- How to encourage more countries to sign and ratify the Istanbul Convention, since for now 43 countries have signed it, of which only 22 have ratified it?

- What are the main reasons for underreporting of crimes?

- What impact does the diverse range of cultural background across the EU have on the perception and treatment of women?

- What is or should be a man’s role and responsibility in achieving a reduction in violence against women?


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http://www.coe.int/en/web/istanbul-convention/the-convention-in-brief