Human rights

The European Union is committed to supporting democracy and human rights in its external relations, in accordance with its founding principles of liberty, democracy and respect for human rights, fundamental freedoms and the rule of law. The EU seeks to mainstream human rights concerns into all its policies and programmes, and has different human rights policy instruments for specific actions — including financing specific projects through its financing instruments.

Legal basis

EU human rights policy

In 2012, the Council adopted a Strategic Framework on Human Rights and Democracy, accompanied by an action plan to implement the framework. The framework defines the principles, objectives and priorities for improving the effectiveness and consistency of EU policy over the next 10 years. These principles include mainstreaming human rights into all EU policies (as a ‘silver thread’), including when internal and external policies overlap, and adopting a more tailored approach. Following a proposal from the Commission and the Vice-President / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), in November 2020 the Council adopted the third EU Action Plan on Human Rights and Democracy. It sets out the EU’s ambitions and priorities for the 2020-2024 period, structured around five main areas of action:

The Council has adopted a series of thematic guidelines on human rights. They provide practical instructions for EU representations around the world on:

The EU’s human rights and democracy country strategies follow a bottom-up approach aimed at integrating EU human rights guidelines and priorities into a single, coherent policy document. They are adapted to each country and establish goals for a period of three years.

The EU regularly includes human rights in political dialogues with non-EU countries or regional organisations. It also holds dialogues and consultations specifically dedicated to human rights with some 60 countries.

Bilateral trade agreements and the various association and cooperation agreements between the EU and non-EU countries or regional organisations include a human rights clause defining respect for human rights as an ‘essential element’. This clause serves as an access point for engagement and dialogue, but also as a basis for imposing appropriate measures, such as reducing or suspending cooperation, in the event of grave violations of human rights and democratic principles. Incentives for ratifying and implementing human rights and labour rights conventions are provided for in the preferential EU trade schemes for developing countries (5.2.3).

A strong conditionality mechanism has been established for enlargement countries (5.5.1). Before joining the EU, these countries have to develop stable institutions guaranteeing democracy, the rule of law, human rights and respect for and the protection of minorities, a process actively supported by the EU. The European Neighbourhood Policy (5.5.5) is also based on common values of democracy, the rule of law and respect for human rights. The EU supports partner countries in implementing reforms and applies a ‘more-for-more’ approach (more integration and money to reward progress).

EU election observation missions also aim to improve human rights by discouraging intimidation and violence during elections and strengthening democratic institutions.

The EU promotes human rights through its participation in multilateral forums such as the UN General Assembly’s Third Committee, the UN Human Rights Council, the Organization for Security and Co-operation in Europe and the Council of Europe. The EU also actively promotes international justice, for example through the International Criminal Court.

With a budget of EUR 1.511 billion allocated for the 2021-2027 period, the thematic programme on human rights and democracy under the Neighbourhood, Development and International Cooperation Instrument – Global Europe mainly supports and protects civil society actors that promote human rights and democracy. An important feature of this instrument is that the consent of the government of the partner country is not necessary. In addition, the EU has committed to progressively integrating a rights-based approach into all its development programmes, based on a toolbox developed by the Commission in 2014, and updated in 2021.

In December 2020, the Council adopted a regulation establishing a global human rights sanction regime. It allows the EU to target individuals, entities and bodies – including state and non-state actors – responsible for, involved in or associated with serious human rights violations and abuses worldwide. On 22 March 2024, in the light of the ongoing Russian war of aggression against Ukraine and the death of Alexei Navalny, the Council imposed restrictive measures against an additional 33 individuals and 2 entities. As of April 2024, the Council has imposed directive on corporate sustainability due diligence. This directive will legally require companies to identify and, where necessary, prevent, end or mitigate adverse impacts of their activities on human rights and the environment. The directive has been formally adopted by Parliament and the Council.

A complementary proposal for a regulation prohibiting products made with forced labour on the EU market has been endorsed by Parliament’s Committees on International Trade and on Internal Market and Consumer Protection, and awaits formal adoption by the EU co-legislators.

An annual report on human rights and democracy in the world, prepared by the VP/HR and adopted by the Council, provides an overview of the human rights situation in the world, as well as of the EU’s actions during the year.

Actors

The European Council defines the EU’s strategic interests and the general guidelines of the common foreign and security policy (CFSP) (5.1.1).

The Foreign Affairs Council generally deals with human rights issues related to the CFSP or the EU’s trade or development policies. The Council’s Human Rights Working Party, which carries out preparatory work for high-level discussions and decisions on human rights issues, is composed of human rights experts from the Member States and representatives from the European External Action Service (EEAS) and the Commission.

Every EU delegation has a human rights ‘focal point’. The EU delegations have a key role in developing and implementing the human rights and democracy strategies for each country, preparing human rights dialogues, engaging with human rights defenders and civil society, and identifying priorities for EU financial assistance.

The Commission negotiates international agreements, oversees the enlargement process and neighbourhood policy, and manages development programmes and financing instruments (in close cooperation with the EEAS).

The role of the EU Special Representative for Human Rights is to enhance the effectiveness and visibility of EU human rights policy. The special representative has a broad, flexible mandate and works closely with the EEAS. The position is currently held by Olof Skoog, who took up his duties on 1 March 2024.

Parliament contributes to the development of the EU’s policies and monitors the work of the other EU institutions.

Under Articles 207 and 218 TFEU, most international agreements need Parliament’s consent to enter into force. For example, in 2011, Parliament blocked the textile protocol to the Partnership and Cooperation Agreement between the EU and Uzbekistan, mainly on the grounds of child labour issues. It only gave its consent in 2016 following significant improvements in the use of child and forced labour.

Article 36 TEU obliges the VP/HR to consult Parliament on the main aspects and basic choices of the CFSP, and to inform it on the evolution of those policies. Parliament may ask questions or make recommendations to the Council or the VP/HR.

Parliament’s resolutions aim to raise awareness of human rights abuses, support human rights defenders and shape the EU’s human rights policy through concrete policy proposals. Resolutions may be a part of the legislative process, an outcome of parliamentary committees’ own-initiative reports, or the result of the urgency debates that usually take place on the Wednesday of each Strasbourg plenary session to highlight flagrant violations of human rights across the world. Parliament’s annual resolution on human rights and democracy in the world and the European Union’s policy on the matter analyses the achievements of the EU’s policy and the challenges facing it.

Parliament’s Subcommittee on Human Rights (DROI), attached to the Committee on Foreign Affairs (AFET), is responsible for issues concerning democracy, the rule of law, human rights – including the rights of minorities – in non-EU countries and the principles of international law, and for ensuring coherence between all the EU’s external policies and its human rights policy. The subcommittee also handles the day-to-day management of human rights dossiers, while its delegations regularly visit relevant countries and institutions. The subcommittee monitors the follow-up to Parliament’s urgency resolutions and holds frequent exchanges with the EEAS about the EU’s human rights dialogues.

Human rights issues in the EU’s external relations are also dealt with by the following committees: the Committee on Foreign Affairs (AFET), the Committee on International Trade (INTA), the Committee on Development (DEVE) and the Committee on Women’s Rights and Gender Equality (FEMM). Human rights are equally an essential element of the work of Parliament’s standing delegations, which interact with non-EU parliaments bilaterally and in the context of parliamentary assemblies.

Thanks to its budgetary powers (under Article 14 TEU and Article 310(1) TFEU), Parliament has a say in the allocation of funds to Global Europe and other financing instruments used for the promotion of human rights. Furthermore, Parliament is co-legislator for the external financing instruments.

Every year, Parliament awards the Sakharov Prize for Freedom of Thought to human rights activists around the world. On 19 October 2023, Jina Mahsa Amini and the Woman, Life, Freedom Movement in Iran won the Sakharov Prize for 2023. The 2022 laureates were the brave people of Ukraine, represented by their president, elected leaders and civil society. Ukrainian President Volodymyr Zelenskyy spoke via video link at the award ceremony on 14 December 2022 in Strasbourg. In 2021, the Sakharov Prize was awarded to Alexei Navalny, Russia’s most prominent opposition figure, known for his fight against corruption and human rights abuses. Navalny died on 16 February 2024 and was commemorated by the President of the European Parliament Roberta Metsola as a fighter whose courage will echo through generations. Previous laureates include Nelson Mandela, Malala Yousafzai, Raif Badawi and the democratic opposition in Belarus. Parliament has created the Sakharov Prize Network to support Sakharov laureates, develop contacts between them and encourage joint activities.

Parliament promotes human rights as part of its broader democracy support activities, which include election observation, pre- and post-election actions, parliamentary capacity building, mediation and dialogue on promoting democracy (5.4.2).

The President of Parliament actively supports human rights through statements and letters and by discussing human rights issues when meeting important actors.

RASMA KASKINA