Keep in Mind

Keep in Mind A quick guide to European Institutions and EU policy-making relevant to mental health and people with mental health problems

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Table of contents 1. The European Institutions......................................................................................2 The European Council.............................................................................................................. 2 The Council of the European Union......................................................................... 3 The EPSCO Council........................................................................................................... 4 The European Commission................................................................................................ 4 The European Parliament.................................................................................................... 5 The Court of Justice of the European Union................................................. 8 The Committee of the Regions...................................................................................... 9 The European Economic and Social Committee......................................... 9

2. The EU decision-making process................................................................10 3. Th e EU policy-making process of relevance to mental health and people with mental health problems..........................................................................13 The EU 2020 Strategy...........................................................................................................13 The Social Open Method of Coordination..................................................... 14 The Social Protection Committee.................................................................. 15 The European Semester: Annual Growth Survey and National Reform Programmes........................................................................ 16 The European Semester of Policy Coordination...................................... 17 The European Years................................................................................................................. 18 Public Health.................................................................................................................................. 19 Fundamental Rights in the EU................................................................................... 21

4. Useful websites.....................................................................................................................27

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The European Institutions A brief description of the EU Institutions The European Union is managed by six institutions: the European Council, the European Parliament, the Council of the European Union, the European Commission, the Court of Justice and the Court of Auditors, their powers and responsibilities stemming from the European Treaties. Several other institutions, such as the European economic and Social committee and the Committee of Regions act as advisory bodies.

The European Council The European Council brings together heads of states and governments from all EU member states. The European Council meets at least once every six months. The current President of the European Council is Herman Van Rompuy, who will chair the institution until May 31, 2012.

It’s main purpose is to set the EU general political direction and priorities.

As such, it can vote on changing EU Treaties, or accepting new countries as members. However, although influential in setting the EU agenda, the European Council has no powers to pass laws.

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Therefore, there is no practical reason for lobbying the European Council.

The Council of the European Union The Council of the European Union (formerly known as the Council of Ministers, and not to be confused with the European Council) brings together ministers of EU member states in charge of different policy areas.

Therefore, the composition of the Council depends on the issues at hand, and there are ten Council configurations overall.

Seen as the main EU legislative body, the work of the Council is manifold.

Together with the European Parliament, it adopts legislative acts and the Union’s budget, while also developing the common foreign and security policy, and concluding international agreements.

Each Member State, according to a predefined rotation, chairs the Council for six months. Along with the President of the Council, the country holding the Presidency organizes and chairs meetings and draws up agreements. Three Presidencies together form a “Trio Presidency” which means that they cooperate with each other in drafting an overall program for an 18-month period.

Time schedule for EU Presidencies: January-June

2012: Denmark July-December 2012: Cyprus January-June

2013: Ireland 2013: Lithuania

July-December January-June

2014: Greece July-December 2014: Italy January-June

2015: Latvia July-December 2015: Luxemburg

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If

your country will be holding the EU Presidency in the near future, please contact your ministries and try to bring mental health on the agenda, or to co-organize a conference or seminar.

The EPSCO Council For policy-makers in the health field, the configuration they need to focus on is the EPSCO Council. The Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) is composed of employment, social protection, consumer protection, health and equal opportunities ministers, who meet around four times per year.

The Council adopts European rules that harmonize or coordinate national laws, on topics such as working conditions, strengthening of national policies to prevent illness and combat major health scourges, and protection of consumers’ rights.

However, as employment and social protection policies are the responsibility of the Member States themselves, the EU can only adopt nonbinding recommendations, or set common objectives for Member States.

Check

what is on the agenda: www.consilium.europa.eu/press/councilmeetings.aspx?lang=en.

Bring own proposals by addressing your competent national ministry.

The European Commission

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The European Commission is a politically independent institution, representing the European Union’s general interest. As the executive body of the European Union, it initiates legislation, implements decisions and upholds the EU treaties.

The European Commission is comprised of 27 European Commissioners, one per Member State, chosen from the list of candidates put forward by EU countries. Commissioners must act independently, representing the European Union and not their individual member states. The College of Commissioners meets once a week, usually on Wednesdays, in Brussels.

The work of the Commission relies on administrative departments called DGs (directorate generals). The DGs are responsible for particular policy areas, drafting laws which become official after the College of Commissioners adopts them during its weekly meeting.

Write a position paper, press release or open letter, send it to the Presi-

dent of the European Commission and/or the competent Commissioner, e.g. Commissioner for Health, Employment & Social Affairs etc.

List of European Commissioners: http://ec.europa.eu/commission_ 20102014/index_en.htm.

Reply to open consultations about legislative proposals; link: http://ec.europa.eu/yourvoice/consultations/links/index_en.htm.

The European Parliament The European Parliament is the only institution of the European Union whose members are directly elected by EU citizens. Currently, it is made up of 736 Members of the European Parliament (MEPs), and shares equal legislative and budgetary powers with the Council of the European Union. As an institution representing the European citizens, it is one of the main democratic foundations of the EU. Elections take place every five years, and seats are shared out in proportion to the population of each Member State. The current President of the European Parliament is Jerzy Buzek.

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The Parliament is organized by political groups. A political group should have at least 20 MEP from at least 6 EU Member States. There are seven political groups in the European Parliament: The European People’s Party (Christian Democrats).

The Progressive Alliance of Socialists and Democrats in the European Parliament.

The Alliance of the Democrats and Liberals for Europe.

The Greens/ European Free Alliance.

The European Conservatives and Reformists Group.

The European United Left / Nordic Green Left.

The Europe of Freedom and Democracy Group.

The European Parliament contributes to drawing up European legislation and to ensuring the smooth functioning of the European Union, along with the Council of the European Union and the Commission. The European Parliament’s role has increased since the entry into force of the Lisbon Treaty, which, in many areas, places the European Parliament (EP) on an equal footing as lawmaker with the Council, notably in setting the EU budget, agriculture policy and justice and home affairs.

Members of the European Parliament carry out their work through a system of specialized committees, three of these of particular interest to MHE members.

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The committee on Employment and Social Affairs (EMPL) The committee is responsible for: Employment policy and all aspects of social policy such as working conditions, social security and social protection.

Health and safety measures at the workplace.

The European Social Fund.

Vocational training policy, including professional qualifications; Free movement of workers and pensioners.

Social dialogue.

All forms of discrimination at the workplace and in the labor market,

except those based on gender.

Committee on Environment, Public Health and Food Safety (ENVI) The committee is responsible for: Environmental policy and environmental protection measures.

Public health, in particular: a. programs and specific actions in the field of public health; b. pharmaceutical and cosmetic products; c. health aspects of bioterrorism; d. the European Agency for the Evaluation of Medicinal Products and the European Centre of Disease Prevention and Control.

Food safety issues.

Committee on Civil Liberties, Justice and Home Affairs (LIBE) The committee is responsible for: The protection of EU citizens’ rights, human rights and fundamental rights, including the protection of minorities, as laid down in the Treaties and in the Charter of Fundamental Rights of the EU. Measures needed to combat all forms of discrimination, other than those based on gender or those occurring at the workplace and in the labor market.

Establishment and development of an area of freedom, security and justice (asylum, migration, border issues, police cooperation); The European Monitoring Centre for Drugs and Drug Addiction.

Identify

MEPs who have an interest in mental health issues.

Keep regular contacts with your country’s MEPs, in particular those involved in committees that have a link to mental health, for example EMPL, ENVI, LIBE. Maintain regular contacts with your national members of parliament as the national parliaments are consulted on certain legislative drafts.

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The Court of Justice of the European Union The Court of Justice of the European Union has its headquarters in Luxembourg. The role of the Court of Justice is to ensure that European law is respected, and that the treaties are correctly interpreted and applied.

After the entry into force of the Lisbon Treaty, the Court of Justice has gained increased jurisdictional scope. The Court of Justice has three branches: the Court of Justice, the General Court and the Civil Service Tribunal.

The Civil Service Tribunal is dealing with certain cases regarding labor relations and social security between the EU and its civil servants, as well as disputes between certain EU bodies. The General Court has jurisdiction to hear actions brought by natural or legal persons against acts or omissions of the institutions, bodies, offices or agencies of the EU, actions brought by the Member States against the Commission, actions seeking compensation for damage caused by EU institutions, actions relating to Community trademarks, and appeals from the decisions of the Civil Service Tribunal. The Court of Justice make preliminary rulings and take appeals from the General Court. The Court of Justice will also judge issues arising from the Charter of Fundamental Rights which sets out basic human rights for all Member States’ citizens.

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Judges are appointed by common accord of the governments of Member States The current number of Advocates General (court advisors who issue public, non-binding legal opinions) is 11.

Other institutions and bodies of the European Union The Committee of the Regions The Committee of the Regions is the EU’s assembly of regional and local representatives. It was implemented by the Treaty on the European Union and is made up of representatives from regional and local governments.

The mission of its members is to involve regional and local authorities, and the communities they represent, in the EU’s decision-making process and to inform them about EU policies.

The European Commission, the European Parliament and the Council are obliged to consult the Committee in policy areas affecting regions and cities. The Committee of Regions can appeal to the EU Court of Justice if its rights are infringed or it believes that an EU law violates the subsidiarity principle or fails to respect regional or local powers. The Committee of the Regions may also give opinions of its own accord and submit them to the Commission, Parliament and the Council.

The European Economic and Social Committee The European Economic and Social Committee (EESC) is a consultative body, representing the various organizations concerned with economic and social life, such as employers, trade unions or consumers.

The EESC defends the interests of the civil society in political discussions held with the Council, Parliament and the Commission. It is an integral part of the European decision-making process: it must be consulted prior to any decision regarding social and economic policies. It may also give opinions on other subjects, either of its own accord, or at the request of other EU institutions.

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The EU decision-making process In the Council of the European Union, qualified majority voting (QMV) became the general rule according to the Lisbon Treaty. For any measure to pass, a double majority of 55% of the EU states representing 65% of the Union’s population is needed. Forty significant items moved from unanimity to QMV, including the whole of justice and interior affairs.

Only the most sensitive areas remain subject to unanimity: tax, social security, citizens’ rights, languages, seats of the institutions and the main lines of common foreign, security and defence policies.

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The legislative power of the European Parliament is used in accordance with four different procedures, depending on the type of proposal in question: Consultation: it gives a consultative opinion, but this opinion is not legally binding.

Co-decision procedure: if the Council has not taken into consideration the Parliament’s position in its common position, the latter may prevent the proposal from being adopted.

Assent or Consent (since entry into force of the Lisbon Treaty): in this case, the Parliament’s opinion is legally binding and must therefore be respected.

The co-decision procedure takes place in the following way: The European Commission presents a legislative proposal.

The European Parliament gives a first opinion, by simple majority vote, on the basis of a report prepared by one of its parliamentary commissions. The Commission may modify its proposal to take into account the parliamentary amendments.

The Council of the European Union gives a first opinion. If the Council approves all of the European Parliament’s amendments, or if the Parliament has not proposed any amendment, the act may be adopted. Otherwise, the Council adopts a “common position” in accordance with the qualified majority rules (except in certain cases such as the free movement of people or culture, where a unanimous vote is required). The Commission gives its opinion on this common position.

The European Parliament gives a second opinion.

There are several possibilities: the European Parliament accepts the common position of the Council and the act is adopted; the European Parliament amends the common position, which then returns to the Council; the European Parliament rejects the common position and the proposal is not adopted.

The Council of the European Union gives a second opinion on the Parliament’s amendments. If it approves them, the act is adopted; otherwise, the Conciliation committee is convened.

If a disagreement persists, the act is studied by a conciliation committee.

The conciliation committee brings together members of the Council and Parliament, in the presence of the Commission. If it reaches a compromise, the act is submitted to the Parliament and the Council for approval.

Otherwise, it is abandoned.

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An act is adopted when the Council and the Parliament have accepted it in the same terms. It enters into force upon its publication in the Official Journal of the European Union.

If it is a regulation, it is legally binding and it applies immediately to all Member States.

If it is a directive, it is also legally binding, but Member States have a time frame in which to include it in their national legal system.

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If it is a decision, it is addressed to a specific case only, and it is binding only to the institution it is addressed to (for example a member state, or an individual company).

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The EU policy-making processes relevant to mental health and people with mental health problems The EU 2020 Strategy The EU 2020 “Strategy for Smart, Sustainable and Inclusive Growth” was launched in 2010 and is the European strategy leading up to the year 2020. The strategy brings about some changes in the priorities and proceedings in the field of social inclusion and social protection. According to the European Commission’s Communication on “A European Strategy for smart, sustainable and integrative growth” and the European Council meeting on 26 March 2010, the outline of the strategy translates into 7 “flagship initiatives”: The seven flagship initiatives relate in different degrees to the field of mental health and social inclusion: 1. “Innovation Union” to improve conditions and access to finance for research and innovation turning into products and services that create growth and jobs.

Innovation Partnership on Active Ageing, social innovation.

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2. “Youth on the move” to enhance the performance of education systems and to facilitate the entry of young people to the labor market.

3. “A digital agenda for Europe” (high-speed internet) e-health.

4. “Resource efficient Europe” to help decouple economic growth from the use of resources, increase the use of renewable energy sources.

5. “An industrial policy for the globalization era” to improve the business environment, notably for SMEs, increase global competitiveness.

6. “An agenda for new skills and jobs” to modernize labor markets and empower people by developing their skills, increase labor participation, better match labor supply and demand, including through labor mobility. Inclusion of people with mental health problems into the labor market.

7. “European platform against poverty” to ensure social and territorial cohesion, people experiencing poverty and social exclusion to be enabled to live in dignity and take an active part in society. Social inclusion and cohesion, wellbeing.

The Social Open Method of Coordination

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Under the Open Method of Coordination (OMC), Member States voluntarily coordinate their policies and good practices on social protection and social inclusion including pensions, health and long-term care, involving local and regional authorities as well as social partners and NGOs. The Commission will also prepare its position on the future of the social OMC.

Peer Reviews Peer Reviews on Social Protection and Social Inclusion are a key instrument of the Social Open Method of Coordination (OMC).

They boost cooperation in modernizing social protection and in combating poverty and social exclusion in the European Union by voluntary mutual learning process among countries.

The host country presents its policy approach, aim: learning from “good practices” in other countries – and to determine whether it could be effectively transferred to other Member States.

The host country can also use the Peer Review meetings to gather expert advice from other countries in order to inform the process of preparation of a major policy reform in the field of social protection and social inclusion (or new programme or institutional arrangement). The aim would be to take advantage of “good practices” existing in other EU countries to improve the efficiency of their reforms.

Peer Reviews take place in the form of expert workshops where primarily government specialists from selected participating countries exchange best practices in policy formulation and reforms.

An essential part of the Open Method of Coordination is the exchange of information, experience, and examples of best practice. The Employment Committee (EMCO) and Social Protection Committee (SPC) serve as platforms for discussion between member states.

The Social Protection Committee Monitors

the implementation of the Open Method of Coordination; Evaluates the effectiveness of ongoing reforms; Responds to Commission initiatives and Council requests, as it has an advisory function; Adopts the Joint Reports on Social Protection and Social Inclusion; Decides of peer reviews.

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Contact the SPC member(s) from your country and inform them regularly about mental health and increase their awareness and sensitivity for mental health related issues.

Approach your national SPC member(s) and encourage them to bring in a proposal for a peer review on mental health (to obtain information on previous peer reviews, consult: www.peer-review-social-inclusion.eu).

The European Semester: Annual Growth Survey and National Reform Programmes

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After the adoption of the EU 2020 Strategy for Smart, Sustainable and Inclusive Growth, the European Union is applying a new reporting mechanism for EU Member States. One important change is that the Member States do not submit separate National Strategy Reports on Social Protection and Social Inclusion to the European Commission any more.

These reports reports are now incorporated into broader National Reform Programmes which EU member states are writing every year since 2011.

The National Reform Programmes include a social and employment strand. In previous years, MHE members have been involved in advocacy activities for the better incorporation of mental health and social inclusion aspects in the National Strategy Reports for Social Protection and Social Inclusion; current and future lobbying strategies now have to relate to the National Reform Programmes. The new policy cycle, the so-called “European Semester”, functions as follows: The new six-month cycle will start each year in January when the Commission publishes the Annual Growth Survey (AGS), to be discussed by Council formations and the European Parliament ahead of the Spring meeting of the European Council in March.

At the Spring Council, Member States, essentially on the basis of the Annual Growth Survey, will identify the main challenges facing the EU and give strategic advice on policies.

Taking

this guidance into account, the Member States will present and discuss their medium-term budgetary strategies through Stability and Convergence Programmes and, at the same time, draw up National Reform Programmes setting out the action they will undertake in areas such as employment, research, innovation, energy or social inclusion. These two documents will be then sent in April to the European Commission for assessment.

Based on the Commission’s assessment, the Council will issue country-specific guidance and each July, the European Council and the Council of ministers will provide policy advice before Member States finalise their draft budgets for the following year.

The European Semester of Policy Coordination Jan Feb Mar Apr May Jun Jul

European Commission

Annual Growth Survey

Policy Guidance including possible recommendations

Council of Ministers

Debate & orientations

European Parliament

Debate & orientations

European Council

Annual economic & social summit

Endorsement of guidance

Adoption of National Reform Programmes (NRPs) & Stability and Convergence Programmes (SCPs)

http://ec.europa.eu/economy_finance/articles/euro/documents/com_367_european_semester_en.pdf

Autumn: Follow-up at national level

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Member States

Finalisation & adoption of guidance

Autumn: Thematic peer review at EU level

Try

to get involved in the drafting process in the frame of a formal or informal consultation process in your country.

Try to influence the draft National Reform Program that is submitted by your government to the EU before mid-April each year, by making recommendations.

The European Years The European Years are called upon by the EU to raise awareness on a particular topic, very often in a social context. In the frame of the European Years, several events are organized at the national level in cooperation with the national ministries. NGOs have the opportunity to play an active role too and can bring the concerns of their respective clientele into the spotlight. These are a few examples of previous and upcoming European Years: 2010 Year for Combating Poverty and Social Exclusion.

2011 Year of Volunteering.

2012 Year of Active Ageing and Intergenerational Solidarity.

Overview of European Years: www.europarl.europa.eu/parliament/archive/ staticDisplay.do?language=EN&id=1005.

A European Year topic has to be officially proposed by the European Commission, the European Parliament or European Council. To influence them to propose a specific topic:

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A- Convince a country that is currently or soon holding the Council Presidency. It is however important to have the backing of several EU member states and should therefore ideally be pursued by an alliance of several countries.

B- From the side of the European Parliament: approach your countries’ MEPs.

C- Convince the European Commission (DG EMPL or DG SANCO): MHE members could approach their ministries, among others the Social Protection Committee members who could bring the proposal forward.

Public Health Even though EU competence to legislate in the area of Public Health is limited, there are two documents that try to forge a European health policy: The common Health Strategy entitled Together for Health: A Strategic Approach for the EU (2008-2013) and the Second Programme of Community Action in the field of public Health (2008–2013), which provides the financial instrument to implement EU goals in this area.

The EU Public Health Programme is based on Article 168 of the Lisbon Treaty and is an instrument for action at Community level in the field of mental health.

The objectives of the EU Public Health Programme are: to improve citizens’ health security; to promote health and reduce health inequalities; to generate and disseminate health information and knowledge.

Although mental health issues became more important within the Community’s health and other policies after 1997, it was only after the WHO Ministerial Conference on Mental Health in 2005, that the European Commission published a Green Paper: ‘Improving the Mental Health of the Population – Towards a Strategy on Mental Health for the European Union’.

The European Commission launched an open consultation that would lead to a debate on the possible development of a European Commission proposal for an EU-Strategy on Mental Health.

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The process led to the launch of a European Pact for Mental Health and Well-being. The Pact was launched at a High-Level Conference on Mental Health and Well-being on 13 June 2008, led by the European Commission in collaboration with the Slovenian Presidency and the World Health Organisation Regional Office for Europe.

The main aim of the Pact is to raise awareness on mental health issues and to enhance a partnership between Member States and stakeholders from the health, education, workplace, social affairs and civil society sectors. Five thematic conferences were held that highlighted the five different key areas of the Pact.

The five key areas of the European Pact for Mental Health and Well-being are: Prevention of suicide and depression.

Mental health in youth and education.

Mental health in workplace settings.

Mental health of older people.

Combating stigma and social exclusion.

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The Pact has set up a mechanism for the exchange of information, the EU Compass for action on Mental Health and Well-being, and set up a list of priorities, recommendations and action plans.

The Hungarian Presidency adopted Council Conclusions on the European Pact for Mental Health and Well-being presenting conclusions and a request to set up a Joint Action on Mental Health and Well-being under the EU Public Health Programme 2008-2013.

The Joint Action on Mental Health and Well-being should cover the following areas: Tackling mental disorders through health and social systems.

Taking evidence based measures against depression.

Building innovative partnerships between health and other relevant sectors.

Managing

the evaluation of community-based and socially-inclusive approaches to mental health.

Improve data and evidence on the mental health status in populations.

Check the specific documents on mental health in the public health field: http://ec.europa.eu/health/mental_health/policy/index_en.htm.

And/or bring in own good practices to the European Compass for Action on Mental Health and Well-being: http://ec.europa.eu/health/mental_ health/eu_compass/index_en.htm.

Fundamental Rights in the EU European Charter of Fundamental Rights The European Charter of Fundamental Rights provides a legal framework for ensuring the whole range of civil, political, economic and social rights of European citizens and third country nationals who reside officially in the EU. The rights in the Charter are divided into six chapters: dignity, freedom, equality, solidarity, citizens’ rights and justice.

The Charter functions as a guideline for EU actions as the EU institutions and the Member States will have to respect all these rights when they are applying EU law. The European Court of Justice is in charge of ensuring that the provisions of the Charter are respected. The Charter complements other international instruments such as the European Convention on Human Rights.

European Union Agency on Fundamental Rights The European Union Agency on Fundamental Rights (FRA) is an agency of the European Union which was launched in Vienna on 1 March 2007.

It is a centre of expertise on fundamental rights issues and its four main tasks are information gathering, analysis, provision of advice, and information and communication.

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FRA carries out its tasks independently. It has the right to formulate opinions to the EU institutions and to Member States when implementing Community law, either on its own initiative or at the request of the European Parliament, the Council of the European Union or the European Commission. It does not have the mandate to examine individual complaints, nor does it have regulatory decision-making powers. The Fundamental Rights Agency set up the Fundamental Rights Platform, composed of civil society organizations in order to give civil society a voice to assess the Agency work and programme.

Equality Bodies The equality bodies are specialized national bodies for the promotion of equal treatment. They are charged with promoting equal treatment on one or more of the following grounds: religion and belief, racial or ethnic origin, age, disability, sex, sexual orientation, social origin, nationality and others. They have a critical role in assuring the effective implementation of non-discrimination law by providing assistance to victims and monitoring and reporting on discrimination issues.

Co-operation and information exchange between the equality bodies across Europe is facilitated by Equinet. This network aims to help the equality bodies fulfill their mandates by establishing a sustainable network and resource base for the exchange of legal expertise, enforcement strategies, training and best practice as well as provide a platform for dialogue with the European institutions. This is done in order to support the uniform implementation of EU non-discrimination law and the leveling up of legal protection for victims of discrimination.

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Council of Europe The Council of Europe is an international organization which was founded in the post-war era in 1949 with the aim to promote democratic principles throughout the continent based on the European Convention on Human Rights. By now it has 47 member countries, which means basically all countries in the European continent with the only exception of Belorussia.

Its main target is to create a common legal area in Europe where fundamental values are respected: human rights, democracy and the rule of law.

The Council of Europe is not to be confused with bodies of the European Union, like the Council of the European Union.

The Council of Europe cannot make legally binding laws. It is based in Strasbourg, where the secretariat of the organization works and where the meetings of the Committee of Ministers (the foreign minister of each member state) and the Parliamentary Assembly (composed of MPs of the Parliament of each member state) take place. Important bodies of the Council of Europe are the European Court of Human Rights and the conference of I-NGOs, which is a platform to involve the civil society into the work of the organization.

The Commissioner for Human Rights is an independent institution within the Council of Europe. The mandate of the Commissioner (who is elected for six years) is to foster the observance of human rights, to facilitate national ombudsperson institutions, to promote awareness and education in the human rights field and to provide advice.

The European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe. It was drafted in 1950 and entered into force in 1953. All Council of Europe member states are parties to the Convention and expected to ratify it in due course after their joining the Council of Europe. The Convention secures the right to life, the freedom from inhuman treatment, the right to liberty, freedom, privacy, freedom of expression, prohibits discrimination.

Most of the contracting parties to the European Convention on Human Rights have incorporated the Convention into their own national legislation, either through constitutional provision, statute or judicial decisions.

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The European Court of Human Rights is a supra-national court and is composed of 47 judges from each member state of the Council of Europe.

It is based in Strasbourg since its establishment in 1959. Based on the European Convention on Human Rights any individual can take cases to the European Court of Human Rights, if he/she feels that the member state violated a right provided by the Convention. The court has delivered more than 10.000 judgements in its fifty-year history. These judgements are binding on the countries concerned and have led to important changes in policies and legislation. In the past the Court has delivered a few very important judgements in the mental health field.

For example in 2010 following in the case of Alajos Kiss vs. Hungary the Court decided that no blanket ban on voting rights on the basis of guardianship is in line with the European Convention on Human Rights – and the Hungarian government changed its legislation according to the judgement.

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The Venice Commission is an advisory body of the Council of Europe and its primary task is to assist and advise individual countries in constitutional matters in order to improve functioning of democratic institutions and the protection of human rights. The Commission is composed of independent experts, in 2011 it has 57 members (47 members from the member states of the Council of Europe and 10 experts coming from different countries from South-America, Africa and Asia. The Commission’s working method is based on giving opinions and not directives.

The Commission also carries out studies, publishes reports and organizes seminars.

The UNCRPD The United Nation’s (UN) Convention on the Rights of Persons with Disabilities (CRPD) was adopted by the UN General Assembly on 13th December 2006 and came into force on 3rd May 2008. Until mid-2011 more than 100 countries in the world have signed and ratified the CRPD. The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. It declares obligations on governments to respect and enforce the human rights of persons with disabilities. The CRPD is considered to be the most important human rights instrument which takes important steps forward in many areas of life.

Under the CRPD people with mental health problems should enjoy similar rights with those who belong to the “traditional” disability groups hence its provisions are applicable to mental health legislations and policies.

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Among others, provisions of the CRPD include: Article 4: guarantee of all human rights and fundamental freedoms to people with disabilities without discrimination and a requirement that governments should closely consult organizations of disabled people when implementing the CRPD. Article 5: prohibits discrimination based on disability and requires reasonable accommodation to be provided.

Article 6-7: guarantee of the equality of women and children.

Article 10: right to life.

Article 12: the right to legal capacity and need for support in exercising legal capacity for those who require such help with appropriate safeguards.

Article 13: access to justice.

Article 14: right to liberty and security of the person on an equal basis with others. Persons with deprived liberty are entitled to human rights and reasonable accommodation.

Article

15: prohibition of torture and cruel, inhuman treatment, including medical experimentation without consent.

Article 16: prevention from exploitation, violence or abuse.

Article 17: right to physical and mental integrity.

Article 19: right to live in the community with choices equal to others.

Article 22: right to privacy.

Article 23: right to family, parenthood, marriage and relationships.

Article 24: inclusive education at all levels.

Article 25: equality in health care and services, including the requirement to free and informed consent.

Article 27: guarantee of non-discrimination and reasonable accommodation in the right to work.

Article 29: equality in the participation in political and public participation, the right of persons with disabilities to vote and to be elected.

Article 31-33: in order to enhance the implementation of the CRPD, governments should collect information and use statistics, engage in international and cross-sectoral cooperation, and set up separate mechanisms for the implementation and the monitoring of the Convention.

With a unique reporting system where states parties and civil societies are both expected and encouraged to submit their report on the implementation of the Convention, the CRPD remains to be the most important international human rights instrument in the mental health field.

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The CRPD is also highly relevant in the EU-arena as it is the first international human rights treaty which the European Union itself has signed and ratified.

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Useful websites Mental Health Europe (MHE): www.mhe-sme.org

Other European NGOs with whom MHE works closely AGE: www.age-platform.org Autism Europe: www.autismeurope.org Eurochild: www.eurochild.org European Anti-Poverty Network (EAPN): www.eapn.org European Coalition for Community Living (ECCL): www.community-living.info European Disability Forum (EDF): www.edf-feph.org European Federation of National Organisations Working with the Homeless (FEANTSA): www.feantsa.org European Network of (ex-)Users and Survivors of Psychiatry (ENUSP): www.enusp.org European Network Against Racism (ENAR): www.enar-eu.org European Network on Independent Living (ENIL): www.enil.eu European Public Health Alliance (EPHA): www.epha.org European Women’s Lobby (EWL): www.womenlobby.org European Youth Forum (EYF): www.youthforum.org ILGA-Europe – the European Region of the International Lesbian and Gay Association (ILGA): www.ilga-europe.org

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Inclusion Europe: www.inclusion-europe.org Mental Disability Advocacy Center: www.mdac.info OSI – Open Society Mental Health Initiative: www.soros.org/initiatives/health/focus/mhi/about Platform of European Social NGOs (Social Platform): www.socialplatform.org Social Firms Europe: www.socialfirmseurope.org

European Union Institutions Europa – Gateway to the European Union: http://europa.eu European Parliament: www.europarl.europa.eu European Council: http://consilium.europa.eu European Commission: http://ec.europa.eu Court of Justice of the European Communities: http://curia.europa.eu European Court of Auditors: http://eca.europa.eu/portal/page/portal/eca_main_pages/home European Ombudsman: http://ombudsman.europa.eu Eurofound: www.eurofound.europa.eu

Financial bodies European Central Bank: www.ecb.eu/home/html/index.en.html European Investment Bank: www.eib.org

Advisory bodies

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European Economic and Social Committee: www.eesc.europa.eu Committee of Regions: www.cor.europa.eu

Useful links on EU law EU Treaties and law: http://europa.eu/abc/treaties/index_en.htm Consolidated texts of the Lisbon Treaty: www.statewatch.org/news/2008/jan/eu-lisbon-treaty-consilidated.pdf Summaries of legislation: http://europa.eu/scadplus/scad_en.htm EUR-LEX – the portal to European Union law: http://eur-lex.europa.eu/en/index.htm Access to EU case law: http://curia.europa.eu/en/content/juris/index.htm PreLex – the database on inter-institutional procedures: http://ec.europa.eu/prelex/apcnet.cfm?CL=en Legislative Observatory of the European Parliament (OEIL): www.europarl.europa.eu/oeil A plain language guide to Eurojargon: http://europa.eu/abc/eurojargon/index_en.htm EUROVOC – a multilingual thesaurus on the EU: http://europa.eu/eurovoc Europe 2020 Strategy: http://ec.europa.eu/eu2020/index_en.htm

Social policy DG Employment, Social Affairs and Equal Opportunities: http://ec.europa.eu/social DG Employment, Social Affairs and Equal Opportunities site on social inclusion and social protection: http://ec.europa.eu/social/main.jsp?langId=en&catId=750 PROGRESS Program: http://ec.europa.eu/social/main.jsp?catId=327&langId=en Peer Reviews in Social Protection and Social Inclusion: www.peer-review-social-inclusion.eu European Year 2010 for Combating Poverty and Social Exclusion: http://ec.europa.eu/social/main.jsp?catId=637&langId=en

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Health

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DG Health and Consumer Protection: http://ec.europa.eu/health/index_en.htm European Union activities on public health: http://europa.eu/pol/health/index_en.htm White Paper on EU Health Strategy 2008-2013: http://ec.europa.eu/health/ph_overview/Documents/strategy_wp_en.pdf Second Programme of Community Action in the Field of Health 20082013: http://ec.europa.eu/health/ph_overview/pgm2008_2013_en.htm Public Health Portal of the European Union – Mental Health: http://ec.europa.eu/health-eu/health_problems/mental_health/index_en.htm Green Paper on Mental Health: http://ec.europa.eu/health/ph_ determinants/life_style/mental/green_paper/consultation_en.htm European Pact for Mental Health and Wellbeing: www.ec-mental-health-process.net/index.html Mental Health Compass with Good Practices database: https://webgate.ec.europa.eu/sanco_mental_health/public/form/list.html Council Conclusions on “The European Pact for Mental Health and Wellbeing: Results and Future Action”: www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/122389.pdf

Anti-discrimination Action against discrimination and civil society: http://ec.europa.eu/employment_social/fundamental_rights/index_en.htm 2007 European Year of Equal Opportunities for All: http://ec.europa.eu/employment_social/eyeq/index.cfm?cat_id=SPLASH EU legislation to combat discrimination: http://ec.europa.eu/employment_social/fundamental_rights/legis/legln_en.htm Employment Equality Directive: http://eur-lex.europa.eu/LexUriServ/ LexUriServ.do?uri=CELEX:32000L0078:EN:HTML Race Directive: http://ec.europa.eu/employment_social/fundamental_ rights/pdf/legisln/2000_43_en.pdf

Disability People with Disabilities: http://ec.europa.eu/social/main.jsp?catId=429&langId=en The European Union Disability Strategy: http://ec.europa.eu/employment_social/soc-prot/disable/strategy_en.htm The European Union Disability Action: http://ec.europa.eu/social/main.jsp?catId=430&langId=en The UN Convention on the Rights of Persons with Disabilities: www.un.org/disabilities/

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Fundamental Rights European Charter of Fundamental Rights: http://eurlex.europa.eu/ LexUriServ/site/en/oj/2007/c_303/c_30320071214en00010016.pdf European Union Agency on Fundamental Rights: http://fra.europa.eu/fra/index.php Equinet: www.equineteurope.org Equality bodies: www.migpolgroup.com/topics/2078.html

Other European Institutions

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Council of Europe: www.coe.int World Health Organization – Regional Office for Europe: www.euro.who.int

This publication was developed with the support of PROGRESS, the European Community Programme for Employment and Social Solidarity (2007-2013).

December 2011

MENTAL HEALTH EUROPE aisbl Boulevard Clovis 7, B-1000 Brussels Tel: +32 2 280 04 68 Fax: +32 2 280 16 04 Email: info@mhe-sme.org Website: www.mhe-sme.org