HANDILEX NETWORK. FRANCE.

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Access to Justice : founded in February 2017, the French HANDILEX Network brings together Lawyers and Experts around a mission : to help persons with disabilities to enforce their rights.

Actually, its mission is to relieve persons with disabilities and those around them from the administrative and legal disability management, from their accident, so that they can rebuild themselves in peace.

  • Jean-Armand MEGGLE, founder of Handilex, said : “We want to break down the barriers between the world of disability and the world of Law.”
  • Astrid Ronzel, Lawyer, said : “In Law, private property is better protected than the human body… Some practices have to Change”.
  • Antoine Cressaty, Business Manager:  “When you become disabled, you  face a monstrous administrative maze “.

Learn more : Solidarity with persons with disabilities – HandiLex – French Newspaper “La Vie” 

#OENDDF #HANDILEX #droitsfondamentaux #fundamentalrights #humanrights #handicap #inclusion #droit #justice #solidarité #nondiscrimination #égalité #equality

Access to social rights and social benefits. Judgment of the Court of Cassation dated June 21, 2018.

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Access to care for the poorest persons. 

The Defender of Rights, Jacques Toubon, takes note with satisfaction of the Judgment of the Court of Cassation dated June 21, 2018 which states that the granting of a social benefit or a social right can not be subordinated to the production of a bank account statement (RIB) and a bank account.

The Defender of Rights submitted observations to the Court of Appeal in 2015 and to the Court of Cassation in 2017 (decision no. 2007-217) following a referral to the impediments to insurance affiliation. illness – and therefore access to care – opposed by the Mayotte Social Security Fund to insured persons who do not have a bank account.

This decision came at a time when the Social Security Court (TASS) and the Court of Appeal had ruled in favor of the Mahoran Social Security Fund.

In his submissions, the Defender of Rights argued that:

  • no text provides for an obligation to hold a bank account and a bank account in order to receive social benefits;
  • holding a bank account is a right, not an obligation ; social organizations have other means – money orders, cash – to pay the benefits due;
  • this illegal requirement further impedes the access of vulnerable persons to the social benefits to which they are entitled, especially as the system of the right to the account may be ineffective;
  • these practices are finally likely to be discriminatory when the opening of bank accounts is refused more to foreigners whose administrative situation does not appear to be sufficiently solid;
  • in the case in point, this requirement was tantamount to depriving a disabled child in great need (nursing care, medical transport) and thus undermined the best interests of the child as enshrined in Article 3.1 of the International Convention of the Rights of the Child.

If the Court of Cassation does not rule on the discriminatory aspect of such a practice, however, it settles the case on the merits by granting the Claimant’s application for affiliation to health insurance with retroactive effect to the April 4, 2014.

This decision may be opposed to the funds (Family Allowance Fund, Primary Health Insurance Fund, etc.) using such practices with regard to any user anywhere in France.

Learn more : Defender of Rights – Judgment of the Court of Cassation dated 21 June 2018

Who are the Refugees ? 

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Who are the Refugees ? 

The rights of third-country nationals entering or staying in the European Union are often not respected.

This is sometimes because of :

  • insufficient implementation of legislation ;
  • poor knowledge of fundamental rights ;
  •  inadequately trained civil servants ;
  • and sometimes simply due to discrimination and xenophobia.

Picture below : the causes of migrations, explained in French, for children. 

More news ? Our Platform and N.G.O. is on social networks :

#streetwork #solidarity #homelessness  #foodaid #asylumseekers

 

The causes of migrations - Who are the Refugees ?

Homelessness in European Union : the hidden side of the European Union.

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I. HOMELESSNESS IN EUROPEAN UNION 

In the European Union, according to a study by the Abbé-Pierre Foundation and the European Federation of National Associations working with the homeless, nearly 11 million households out of 220 million households do not have personal housing. These 11 million households are in a state of severe deprivation of housing : on the street, hosted by a third party, in a accommodation center, in a shelter, in a social hotel.

The crisis of poor housing in the In European Union calls for an urgent and profound strategy, in consultation with local associations, and public subsidies easily obtainable for them, without going through technocratic projects and far from the field.

Learn more : Le Monde : more and more homeless persons everywhere in Europe 

II. LEASE EVICTIONS IN FRANCE

In FRANCE, lease eviction figures show that successive governments are unable to put in place for years a plan of action and a strategy that has been adapted to solve evictions linked to extreme poverty.

End of the winter break : 15,000 forced evictions, up 50% since 2013.  Lease evictions, prohibited during the winter, are daily occurrences from April 1st. Every year, more than 155,000 unpaid rent procedures are launched.

Successive governments must fight with force the roots of homelessness instead of fighting homeless persons. 

Learn more : Le Monde – 15.000 forced evictions, up to 50 % since 2013.

 

Homelessness in European Union : the hidden side of the European Union. Another Europe. Learn more : Abbé Pierre Fundation and FEANTSA.

Homelessness in European Union : the hidden side of the European Union. Two homeless persons in Paris, 24th December 2017. Stéphane de SAKUTIN / AFP.

HAND 4 BURMA e. V – An N.G.O. to support the Rohingya minority.

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PERSECUTION OF THE ROHINGYAS – PLIGHT OF THE REFUGEES

The Rohingya minority is one of the most persecuted minorities in the world.

Myanmar’s treatment of the Rohingya community is an unmistakable and serious breach of international Human Rights Laws. Successive Burmese military governments have since early 1970s viewed the Rohingya Muslim minority, who live on their ancestral borderlands between the Islamic country of Bangladesh and Buddhist Myanmar, as “a threat to Myanmar’s national security and local Buddhist culture”.

The Rohingya persecution by the Myanmar military began in 1978 under the pretext of a crackdown on the illegal Bengali immigration into Western Myanmar from the then newly independent Bangladesh. The military used the Rohingya as a proxy population against the extremely nationalistic and anti-Myanmar Rakhine people, who resent Myanmar rule as a colonial occupation of their once sovereign nation.

The United Nations has repeatedly referred to human rights violations in the region, but the government of State Councilor Aung San Suu Kyi systematically refutes these reports.

On the ground, the soldiers and policemen, who are deployed in western Burma, obey the army chief, not the Aung San Suu Kyi government.

HAND 4 BURMA e. V – AN N.G.O. TO SUPPORT THE ROHINGYA MINORITY

Hand 4 Burma e. V is registered under German court n° VR 5730. Hand 4 Burma e. V has been helping the poor and needy in Bangladesh & Myanmar unregistered refugee camps since 2016 after Genocide begun in Arakan State in Myanmar. Hand 4 Burma e. V is an N.G.O. registered in GERMANY and is a professional group comprised of the Rohingya community. Its aim is to lead the path for effective change in the Rakhine state of Myanmar and Rohingya diaspora, where persons belonging to the Rohingya community are being persecuted daily.

Access to international aid workers and journalists is severely restricted in this area.

Hand 4 Burma e.V is actively seeking partnerships and associations with other development organisations for the following purposes :

  • Technical assistance and training support ;
  • Humanitarian aid ;
  • Community based organizations for self help initiatives ;
  • Community service organizations for identifying working opportunities ;
  • Emergency healthcare through mobile clinics, food and water and medicine.

HAND 4 BURMA e. V has become a Member and a Partner of the European Observatory for Non-Discrimination and Fundamental Rights.

HAND 4 BURMA E.V.

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Yazda – An International Yazidi Organization to support the Yazidi ethno-religious minority group.

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YAZDA – An International Yazidi Organization

Yazda Organization is a US-based, 501 (c) (3) non-profit organization, established to support the Yazidi ethno-religious minority group in the United States and the Yazidi homeland in northern Iraq and northeastern Syria. Yazda’s mission is to support the Yazidi community in the aftermath of the August 2014 genocide, committed by the so-called “Islamic State”, that resulted in the death of three to five thousand civilians ; abduction of five to seven thousand, mostly woman and children; and the displacement of 400,000 people from the Yazidi homelands in Sinjar, the Nineveh plain, and Syria.

OENDDF’s social networks (Facebook, Twitter, Instagram) : “Yazidi genocide is a reality. Yazda organisation is now established to prevent future genocides”.

Yazda Organisation has become a partner and a Member of the The European Observatory for Non-Discrimination and Fundamental Rights.

 

Yazda Organisation is now established to prevent future genocides.


Sources : the recognition of the Yazidi Genocide – Yazda Organisation (https://www.yazda.org/the-recognition-of-the-yazidi-genocide/)

“The Yazidi people are undergoing a genocide. 85% of the Yazidi population is displaced and over 3,000 women and children remain the captives of ISIS, continually raped and forced to work as slaves.

The international community has produced a definition of genocide, which has been used previously in International Criminal Tribunals for Rwanda and former Yugoslavia (i.e., there is a precedent, and the International Criminal Court must recognize the horrors taking place in Iraq and take immediate action):

1) The mental element, meaning the “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”, and

2) The physical element which includes five acts described in sections a, b, c, d and e. A crime must include both elements to be called “genocide.”
Article II: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III: The following acts shall be punishable:

(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Yazidis have been treated as lesser citizens in Iraq, adding to their difficulties in obtaining legal assistance. Historically, there have been misunderstandings regarding the Yazidi religion, which celebrates God and seven angels. One of these angels has a name which falls close to the devil in Islam. Thus the ethno-religious minority group, the Yazidi, have been massacred dozens of times over the past millennium. Yet today they are being captured and slaughtered by a known and recognized terrorist group, one opposed globally, while the international community makes no strides to assist them.
Multiple United Nations reports have classified ISIS’ attacks on the Yazidi people as genocide, and recognize it as an ongoing problem.

We have seen such ethnic “cleansings” before. The Jewish people, historically persecuted time and again, were killed by the millions in the Holocaust before the international community began to provide assistance. Between 500,000 and 1,000,000 Tutsi were killed in Rwanda in a matter of months. The Yazidi population is already low: estimated at a mere 700,000.

The Yazidi men are being slaughtered, the women and children captured and enslaved. The women and girls are subject to rape (including girls as young as 6, and if the rape is followed by pregnancy, forcible abortions as well), torture, and forced religious conversion. The captured boys were also forcibly converted and indoctrinated with the extremist views of ISIS to serve as soldiers. ISIS is killing both the people and the Yazidi culture.

Seniors members of Yazda and human rights advocates have been pleading the case of the Yazidi people, but thus far to little avail. Most recently, Nadia Murad, herself a survivor of ISIS enslavement, participated in an event in Australia to address the crimes ISIS has committed against minorities in Syria and Iraq and attempts to have the ISIS survivors relocated to Australia.

Increased international attention, both on the slaughter of the Yazidi and the plight of the remaining survivors (current slaves, escaped slaves, and relocated refugees), is a step towards holding ISIS accountable for their heinous and inhumane actions. While last year the UN was dragging its feet on recognizing this crisis as a genocide, based on the definitions accepted in the past courts and ongoing situation, it is clear what is happening in Iraq.

Yet it is clear that the ongoing crisis in Iraq and Syria involving the systemic decimation of the Yazidi people falls under the jurisdiction of the ICC and that ISIS is in the process of committing genocide against them.

ISIS has stated outright that they aim to eliminate the Yazidi population. Those who are captured are forced to convert, those who will not convert are killed. By destroying the homes and communities as well, surviving Yazidi can never return to their homes.

Without help from the international community, the Yazidi people may never recover. Not only do they need aid in defense from ISIS attacks, but also resources. The majority of these people have been relocated to refugee camps (and in many of these are still targets of violence) without adequate supplies. The women and children who have escaped the slavery of ISIS need counseling and support to begin to come to terms with the awful events that have befallen them.

For those who have already been killed in ISIS attacks, Yazda is attempting to document the bodies remaining in mass graves to provide closure to families. Those who still live in Iraq and in unsafe refugee camps need resettlement options, but the ICC is refusing to hear these cases for a minimum of six years. Six more years living under the constant threat of extermination in Iraq and Kurdistan, or without adequate food and shelter in a refugee camp. This is unacceptable.

Yazda further seeks assistance once the Yazidi people have been liberated from Iraq. Not only do the victims of ISIS deserve justice, but there need be new international measures that prevent such genocide from once again befalling the Yazidi.

For over a year, Yazda has been struggling to force recognition of the genocide beyond merest lip service to action. It is the most basic, humanitarian responsibility of the international community to provide assistance. The Yazidi people are dying. They need help”.


 

10th European Union Anti-Trafficking Day. Access to justice for all.

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Access to justice for all those who are victims of trafficking in human beings must be a priority of the Member States of the European Union.

1. EU POLICY

On the 10th october 2016, the European Commission reports on Member States measures to combat trafficking in human beings

The European Commission has adopted today two Reports on the prevention and combating of trafficking in human beings and the protection of victims of trafficking. This Report responds to the requirements of Article 23 of the Directive and aims to effectively promote the objectives of the Directive.

10th October 2016 : 10th EU Anti-Trafficking Day – European Commission calls for intensified efforts to address new challenges

The European Commission marks the 10th EU Anti-Trafficking Day today urging a reinvigoration of joint efforts across the Union to eradicate trafficking in human beings. On the occasion of the 10th EU Anti-Trafficking Day, the European Commission is presenting a comprehensive policy review of anti-trafficking projects funded by the Commission between 2004 and 2015, while public authorities, civil society and citizens organise and participate in events all across Europe to mobilize social awareness.

First Report on the progress made in the fight against trafficking in human beings

First Report on the progress made in the fight against trafficking in human beings (2016) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.

This is the first Commission report on trafficking in human beings since the adoption of the anti-trafficking Directive.

Comprehensive Policy Review of Anti-Trafficking Projects

The Comprehensive Policy Review of Anti-Trafficking Projects, a study completed as a deliverable of the EU Strategy towards the Eradication of Trafficking in Human Beings (2012-2016).

The Study examined how the projects contributed to the work against trafficking in human beings at the EU level and more precisely to the priorities of the Commission in this area, projects contributed to the work against trafficking in human beings at the EU level and more precisely to the priorities of the Commission in this area.

Study on the gender dimension of trafficking in human beings

The purpose of this study is to contribute to the identification and understanding of what it means to be “taking into account the gender perspective, to strengthen the prevention of this crime and protection of the victims thereof”, as required in Article 1 of the European Union Directive – EU Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings and Protecting its Victims in the context of the EU Strategy (COM(2012) 286 final – towards the eradication of Trafficking in Human Beings.

3. LEGISLATION AND CASE LAW

Directive 2011/36/EU

The European Commission welcomed the publication on 5 April 2011 of the EU directive 2011/36/EU on prevention and combating trafficking in human beings and protecting its victims in the Official Journal of the European Union (OJ L 101, 1 15.4.2011). The adoption followed a Commission Directive proposal, with binding legislation to prevent trafficking, to effectively prosecute criminals, and to better protect the victims, in line with the highest European standards.

 

European campaign against hate crime and for access to justice.

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Objective : To carry out a european campaign against hate crime and for access to justice for all. 

Location of the action : European Union. 

Means and resources deployed :

During the year 2016 : Our Association has started a European campaign against hate crime and for access to justice, with posters recalling the importance of the European Charter for Fundamental Rights in the European Union. 

Posters are translated into English, French, Turkish and Dutch language.

European Union Agency for Fundamental Rights :  Violence and offences motivated by racism, xenophobia, religious intolerance, or by bias against a person’s disability, sexual orientation or gender identity are all examples of hate crime” (learn more : http://fra.europa.eu/en/theme/hate-crime).


“HAVE YOU BEEN THE VICTIM OF A HATE CRIME?

Whether you are a disabled person, a migrant, a homeless person or someone living in temporary accommodation suffering from social exclusion, a person practising a religion, a person with a sexual or gender personal orientation, whether you are a member of an ethnic minority or a national minority of the European Union (Roma, Romanians, Turks, Surinamese, Albanians, Serbs, Bosnians, Somalians, Russians, etc.):

YOU ALL HAVE ACCESS TO JUSTICE AND TO THE LAW!

Our Association, the EUROPEAN OBSERVATORY FOR NON-DISCRIMINATION AND FUNDAMENTAL RIGHTS works to guarantee non-discrimination and fundamental rights, with the aim of promoting these and making everyone aware of them.

The Charter of Fundamental Rights of the European Union guarantees the right to effective legal redress and the right to access an independent and impartial court within a reasonable period of time, including the entitlement to legal aid for those who do not possess the necessary resources.

Article 21 of the Charter of Fundamental Rights of the European Union moreover states that: “1. 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”.

Article 22 of the Charter of Fundamental Rights of the European Union also states that: “The Union shall respect cultural, religious and linguistic diversity”.

TOGETHER WE CAN COMBAT HATE CRIMES AND ALL FORMS OF DISCRIMINATION”.

European campaign in english language

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European campaign in french language

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European campaign in dutch language

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European campaign in turkish language

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ACCESS TO JUSTICE

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Our Association collects good practices to improve the reporting and the recording of Access to Justice in the Member States of the European Union, especially for children, homeless persons, migrants or disabled persons.

The cooperation between Associations and NGOs can be highly useful.

If you are an Association, a Fundation or a NGO, and if you have an experience or good practices to share, about access to Justice, you can contact us.


Extract :

“Access to justice is a core fundamental right and a central concept in the broader field of justice. However, it is a right that faces a number of challenges throughout the EU.

While access to justice typically means having a case heard in a court of law, it can more broadly be achieved or supported through mechanisms such as national human rights institutions, equality bodies and ombudsman institutions, as well as the European Ombudsman at EU level. Yet, FRA research shows that access to justice is problematic in a number of EU Member States. This is due to several factors, including a lack of rights awareness and poor knowledge about the tools that are available to access justice.

Drawing on its research findings, the Agency seeks to provide evidence-based advice to policy makers at EU and national level in order to improve awareness of and access to justice. This includes the provision of information about how to remove existing obstacles that hinder people’s ability to access justice, including groups such as children and migrants.

The Charter of Fundamental Rights of the European Union guarantees the right to an effective remedy and to a fair trial, including legal aid to those who lack sufficient resources. At the same time, access to justice is also an enabling  right that allows those who perceive their rights as having been violated to enforce them and seek redress”.

Learn more : European Union Agency for fundamental rights (FRA) : http://fra.europa.eu/en/theme/access-justice

National campaign to help students facing a situation of prostitution. Focus on violence prevention and access to Justice in FRANCE.

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The DIRECTIVE 2011/36 / EU OF THE EUROPEAN PARLIAMENT AND OF THE EUROPEAN COUNCIL, April 5, 2011, “recognizes that human trafficking has a dimension related to gender equality and that, in many cases, women and men are not victims of human trafficking for the same reasons. It is therefore appropriate that assistance and support measures are also, if necessary, adapted to this dimension related to gender equality”.

Objective : To help students who don’t have enough financial resources or material resources, who turn to prostitution to pay for their rent or to pay for their studies and who need access to justice. To create mutual confidence through confidential meals. To develop an upstream prevention of situations of prostitution. To raise public awareness to this situation.

Location of the action : National Campaign. Main focus Cities : PARIS, NANTES (LOIRE-ATLANTIQUE), RENNES (ILLE ET VILLAINE), ANGERS (MAINE ET LOIRE).

Means and resources deployed :

November – December 2015: after a poster campaign, we send out a Team of volunteers of our Association to meet students, who have contacted us, and who are facing a situation of prostitution.

  • Field for intervention targeted by the European Commission : Europe 2020 Strategy. European Platform against Poverty and Social Exclusion.
  • Field for intervention targeted by the European Parliament and the European Council : DIRECTIVE 2011/36 / EU OF THE EUROPEAN PARLIAMENT AND OF THE EUROPEAN COUNCIL, April 5, 2011, on preventing trafficking in human beings and the fight against this phenomenon and protecting victims (http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:32011L0036).
  • Field for intervention targeted by the European Union Agency for fundamental Rights : Gender issues :Equality is a core component of fundamental rights protection. Gender inequalities, nevertheless, persist in today’s society and are often compounded by other forms of discrimination, preventing women from enjoying their full rights”.
  • On 25 November 2015, the International Day for the Elimination of Violence against Women, the European Union Agency for fundamental Rights reiterates its call for EU Member States to focus more on violence prevention against women (http://fra.europa.eu/en/news/2015/more-emphasis-prevention-needed-combat-violence-against-women).

Poster campaign - Students in a situation of prostitution (young women)

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Poster campaign - Students in a situation of prostitution (young men)

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