Documents: Fundamental rights - Human rights - Treatment of socially vulnerable and disabled persons and principle of non discrimination

The rule of law principle is one of the core values comprising the foundations of the European Union. It entails that all public powers act within the boundaries set by the law, in accordance with the values of democracy and respect for fundamental rights. While candidate countries must comply with this principle and adapt the functioning of their institutions accordingly, member states of the EU are also not exempt from this obligation, or the consequences arising from non-compliance.

On March 30, 2007 the European Community signed the UN Convention on the Rights of Persons with Disabilities (UNCRPD), which entered into force for the EU on January 22, 2011. UNCRPD recognises that disability is an evolving concept: “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”

Directive 2000/43/EC – the Race Equality Directive addresses direct and indirect discrimination based on racial or ethnic origin, including harassment and sexual harassment. Its scope covers: (a) conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion; (b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience; (c) employment and working conditions, including dismissals and pay; (d) membership of and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations; (e) social protection, including social security and healthcare; (f) social advantages; (g) education; (h) access to an

The EU rejects all forms and manifestations of racism and intolerance as they are incompatible with the values and principles upon which the EU is founded. Legal framework includes: - Minimum standards on racist offences and penalties (hate crime, hate speech); - Rules banning incitement to hatred and the promotion of discrimination in audiovisual media; - Minimum standards on rights, support and protection of victims of crime (including specific attention to hate crime victims); - Legislation in the area of nondiscrimination: Employment Equality Directive, covering discrimination on grounds of religion, age, disability and sexual orientation (2000), Race Equality Directive (2004).

The Charter of Fundamental Rights was formally proclaimed in Nice in December 2000 by the European Parliament, Council and Commission and on 1 December 2009, with the entry into force of the Lisbon Treaty, the Charter was given binding legal effect equal to the Treaties. The Charter entrenches all the rights found in the case law of the Court of Justice of the EU; the rights and freedoms enshrined in the European Convention on Human Rights; other rights and principles resulting from the common, constitutional traditions of EU countries and other international instruments. It creates legal certainty in the EU, by making fundamental rights clearer and more visible.

The pandemic caused by COVID-19 caused a health, economic and social crisis in the Republic of North Macedonia. In response to the pandemic, the government took a number of restrictive measures to prevent people from being exposed to the virus, thus slowing down its spreading, and introduced a set of measures to mitigate the adverse effects of the imposed restrictions. The adopted measures contributed significantly towards restricting citizens’ rights, and included a curfew, maintaining social distance, restricting movement and gathering, closing borders and stopping air traffic, online education, and the like. While such restrictions of the freedoms and rights may have, in part, been necessary to control the pandemic, many of them were too broad or neglected to consider effects on the most vulnerable categories of citizens, not only of the virus, but also of the socio-economic consequences. Hence, the purpose of this public policy paper is to analyze the response of the Gov

The number of detained persons in 2021 (388) is continuously increasing compared to the previous years (2020 – 317, 2019 – 225). There is a slight decrease in the number of detained children in 2021 (55) compared to the same period in 2020 (76). The average period that children spent in detention in RTC Vinojug is 29 days and the maximum is 50 days. In most cases, legal guardian was appointed to the unaccompanied detained children. However sometimes there was a delay in the timely appointment of a guardian. In 2021 the persons were detained at three locations in RC Gazi Baba, RTC Vinojug and RTC Tabanovce. Migrants at RTC Vinojug who were detained as witnesses in the proceedings against the smugglers continued to be held in quarantine before being brought in front of a public prosecutor.