Ole Meldgaard (EAPN DK) Aiden Lloyd (EAPN IE) Fran McDonnell (IFSW) Amana Ferro (EAPN Europe)

1. TASK FORCE ON HUMAN RIGHTS AND POVERTY Capacity Building for the EU ISG Poverty as a violation of Human Rights Ole Meldgaard (EAPN DK) Aiden Lloyd (EAPN IE) Fran McDonnell (IFSW) Amana Ferro (EAPN Europe) eapn.eu

2. Outline • Reminder of the Task Force mandate and process • Why a Human Rights approach to poverty? (Chapter 1 of the Handbook) • Overview of main Human Rights Instruments (Chapter 2of the Handbook) • Applying the rights-based approach to anti-poverty work (Chapter 3 of the Handbook) • Taking legal action against Governments (Chapter 4 of the Handbook) • Questions for discussion

3. Reminder of the Task Force mandate and process • Aim and Mandate: • elaborate on the relation between poverty and human rights in Europe • deepen our understanding of poverty and social exclusion as a violation of human rights • strengthen our capacity to act against poverty and human rights violations • Deliverable: Handbook on how to use human rights concepts and instruments to combat poverty, and online Annex with further information • Task Force members and contributors: Ole Meldgaard (EAPN DK - Chair), Aiden Lloyd (EAPN IE), Fran McDonnell (IFSW), Natasha Najdenova-Levikj (EAPN MK), andAnja-RiittaKetokoski-Rexed (EAPN FI) + Hilde Linssen (EAPN BE), Amana Ferro & Matteo Mandelli (EAPN Europe), Maria José Aldanas (FEANTSA), George-Konstantinos Charonis (European Youth Forum) Stefan Clauwaert (European Trade Union Institute) + EU ISG members • Meetings: 8 July 2016 ; 7 November 2016 ; 15 May 2017 ; 21 September 2017.

4. Why a Human Rights approach to poverty?(Chapter 1 of the Handbook) Range of reasons: • Shared objectives. Many anti-poverty objectives are also human rights objectives • Necessity. Times of regression - different approach required • Strategist perspective – need new means to overcome massive power differentials in order to eradicate poverty • Post enlightenment jump required by NGOs – away from reason, persuasion

5. Why a Human Rights approach to poverty?(Chapter 1 of the Handbook) What a Human Rights approach is: • Rights that enable people to live a life of dignity • Applying the norms and standards set out in international HR instruments to policies and practices • Human rights law of itself only part of the solution • Shift in understanding

6. Why a Human Rights approach to poverty? (Chapter 1 of the Handbook) Framework: • Poverty matters - should be addressed by the state as a matter of obligation rather than request • NGOs need to embed an understanding of human rights • HR moves us onto the need for affirmative actions to eradicate poverty

7. Overview of main Human Rights instruments(Chapter 2 of the Handbook) Four important websites: • The Office of the United Nations High Commissioner for Human Rights (OHCHR): http://www.ohchr.org/EN/pages/home.aspx • The Council of Europe: http://www.coe.int/en/web/portal/human-rights • European Union Agency for Fundamental Rights: http://fra.europa.eu/en/about-fra • National Human Rights Institutions: http://nhri.ohchr.org/EN/Pages/default.aspx

8. Overview of main Human Rights instruments(Chapter 2 of the Handbook) Chapter 2 also contains information on: • Human Rights development in brief • Progress and Challenges for Human Rights • Universal Periodic Review A comprehensive online Annex also provides additional, detailed information about existing international Human Rights frameworks and processes, and their links to poverty and social exclusion.

9. Applying the rights-based approach to anti-poverty work(Chapter 3 of the Handbook) • Capacity Building • Core principles of a human rights based approach underpin strategy, policy and practice • Empowerment and participation in planning, implementation and monitoring e.g. Our Voices Project - Empowering people to participate in shaping European social policy http://www.atd-fourthworld.org/voices-margins-considering-europe-people-living-poverty • Human rights education - enabling people to learn about their rights and their role is a essential for participatory approaches to social change e.g. Rights Platform Dublin www.therightsplatform.ie • Stakeholders to develop their capacities at an individual, organisational and national level EAPN Portugal have been developing the capacity of people experiencing poverty and their NGOs, to influence policy making over the past few years. In 2016 members took to the National Parliament a set of concerns and questions which they placed directly to political parties.http://participacao.eapn.pt

10. Applying the rights-based approach to anti-poverty work(Chapter 3 of the Handbook) 2. Implementation • Shaping political and socio-economic strategies to combat poverty • Using a human rights based approach in anti- poverty advocacy and lobbying • Embedding a human rights approach in service delivery • Building partnerships across all stakeholders to foster a human rights based approach

11. Applying the rights-based approach to anti-poverty work(Chapter 3 of the Handbook) Example of shaping political and socio-economic strategies to combat poverty Ireland’s Public Sector Duty (2014) demonstrates this shift in focus from servicing needs to empowering and building the capacity of individuals and communities. Public bodies must therefore: • Assess and identify the human rights and equality issues that are relevant to their function; • Identify the policies and practices in place, or to be put in place, to address these issues; • Report in a manner accessible to the public on their developments and achievements • Consultation and participation with key stakeholders, including communities accessing and using the services, is an important part of the Public Service Duty, the implementation of which will be supported by the Irish Human rights and Equality Commission • See more onhttps://www.ihrec.ie/publications/.

12. Applying the rights-based approach to anti-poverty work(Chapter 3 of the Handbook) Example of embedding a rights-based approach in service delivery • FAIR approach – facts, analyse rights, identify responsibilities, review actions www.scottishhumanrights.com/careaboutrights/section1-page03 Human rights approach for regulation of health and social care services – Care Quality Commission (CQC) England • Puts human rights principles and 5 standards at the heart of policy and planning for assessing the standard of providers of services • Empowers staff and people who use services with knowledge and skills, and to provide organisational leadership and commitment to achieve human rights-based approaches. • CQC sees its engagement with people who use services around their human rights approach as mutually beneficial, as part of their core purpose is to encourage services to improve. https://www.cqc.org.uk/sites/default/files/20150416_our_human_rights_approach.pdf

13. Applying the rights-based approach to anti-poverty work(Chapter 3 of the Handbook) Example of building transformative partnerships The Rights Platformsupports 40 community organisations fighting poverty and social exclusion in South Dublin County. • It shifted its focus from requesting social change to demanding that the state delivers on its human rights obligations, especially economic, social and cultural rights. • Building the capacity of community activists to implement a different approach to their work, on the basis that current processes and actions that are not adequately delivering. • The Rights Platform acknowledges that collectively organising, analysing and identifying objectives are still valid but the action bit – the argument, the strategy and the focusing of energy - needs to change.

14. Applying the rights-based approach to anti-poverty work(Chapter 3 of the Handbook) 3. Monitoring and evaluation NGOs have a key role in contributing to participatory monitoring of government strategy, services, budgets and policies to bring about change. How the Danish network (EAPN.dk) contributes to monitoring human rights EAPN.dk works through the Danish Institute for Human Rights and is a member of the Council. • This ensures that EAPN.dk influence and contribute to national strategy • Contributes to reports on human rights based on research • Projects: Homelessness and the right of homeless; housing; Unregistered migrants; Human rights in the municipalities; Human rights of disabled; Human rights in Greenland; Rule of law, human rights and municipal administration of social laws etc. • Makes recommendations to public authorities to change practices in accordance with human rights

15. Applying the rights-based approach to anti-poverty work(Chapter 3 of the Handbook) 4. National campaigns and review • National Action Plans - policy documents in which a State identifies priorities and actions to support the implementation of regional, or national obligations and commitments • Campaigns for ratification of Human Rights Treaties - NGOs will often have to convince governments to ratify and implement different conventions, often through information campaigns based on solid arguments. Example: Achieving decent work for domestic workers, An organizer’s manual to promote ILO convention no. 189 and build domestic workers’ power, ILO 2012 • Involvement in civil society shadow reporting – these reports are usually written by NGO coalitions and presented to the monitoring bodies on international human rights treaties, such as the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

16. Taking legal action against Governments(Chapter 4 of the Handbook) Legal action at the national level When embarking upon a Human Rights issue, organisations need to be clear about: the right; how it is being infringed; what redress mechanisms are available; how progress can be monitored. Legal action at the international level Overview of processes related to human rights complaints against Governments to the United Nations, the European Court of Human Rights, and the European Union. Council of Europe collective complaints EAPN has participatory status with the Council of Europe, which enables it to lodge collective complaints against Governments under the European Social Charter. The process of doing so is detailed in the Handbook.

17. Taking legal action against Governments(Chapter 4 of the Handbook) Lessons learned from social stakeholders about collective complaints with the Council of Europe (FEANTSA, European Youth Forum, European Trade Union Confederation) • How to understand if there is a legal case that can be brought as a collective complaint? • What legal expertise is needed? • What other resources, including staff time, are involved? • What partnerships can be fruitfully established - at national and European level? • Opportunities and benefits in lodging a complaint • Threats and challenges in engaging with a collective action

18. Questions for discussion Please take a moment to discuss with your neighbours: • Were you aware of the link between human rights and poverty, and do you already use such an approach in your work? • If you weren’t, having learned about this approach, what do you think you would now do differently? • Which of the Human Rights – based actions described in Chapter 3 are you already implementing, or you think you could implement in your Network or Organisation? (education and capacity building / shaping political and socio-economic strategies / advocacy and lobbying / service delivery / building partnerships / monitoring and evaluation / shadow civil society processes and campaigns for ratification) • Should EAPN consider the possibility of legal action before the Council of Europe, and is your Network or Organisation prepared to do the ground work for such an action?

19. Thank you for your attention! For more information, please contact: Ole Meldgaard: olemeldgaard1@gmail.com Aiden Lloyd: aidlloyd@gmail.com Fran McDonnel: fran.mcdonnell@btinternet.com Amana Ferro:amana.ferro@eapn.eu