Human Rights Law and Evidence-Based Policy: The Role of the EU Fundamental Rights Agency, 1st Edition (Hardback) book cover

Human Rights Law and Evidence-Based Policy

The Role of the EU Fundamental Rights Agency, 1st Edition

Edited by Rosemary Byrne, Han Entzinger


296 pages

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Hardback: 9780367186999
pub: 2019-12-31
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The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade. Five core themes emerge from their exploration of FRA’s historical, political and legal foundations and its evolving record across major thematic areas of EU fundamental rights. How does the Agency manage the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how does research impact this delicate equilibrium between contesting roles? What does this first ‘embedded’ human rights agency suggest for alternative, and less oppositional orientations for human rights research? A technocratic approach to human rights research is a hallmark of FRA’s evidence-based policy advice, but what are its benefits and constraints? As an institution whose policy work requires a continued awareness to political realties in Brussels and Member States, but also sensitivity to its stakeholders in civil society, who determines the Agency’s research agenda? Lastly, to what extent do FRA’s strategic choices that shape its research and policy advice reflect the priorities of EU institutions as well as the expectations and sensitivities of the, then, 28 widely diverse Member States? These five themes point to the pioneering position of the Agency in new forms of institutionalized human rights research.

Table of Contents

Part I: FRA and its Policy Environment;

Chapter 1: The Genesis of the EU Fundamental Rights Agency: Why a think tank rather than a monitoring body – Olivier De Schutter;

Chapter 2: A New Agency, and so what? Giving flesh and blood to FRA’s Founding Regulation – Morten Kjaerum;

Chapter 3: Hand in Hand for a Better Protection of Human Rights in Europe: The relationship between the Council of Europe and FRA – Tatiana Termacic;

Chapter 4: FRA’s Policy Impact and Future Posture: Lessons from the perspective of the European Commission – Salla Saastamoinen;

Chapter 5: Human Rights Communicators: FRA’s evolving voice on research, rights and policy – Rosemary Byrne;

Chapter 6: Exploring the Political Role of FRA: Mandate, resources and opportunities – Jan Wouters and Michal Ovádek;

Part II: Researching Applied Rights;

Chapter 7: FRA as a Meeting Place of Law and Social Sciences – Han Entzinger and Gerard Quinn;

Chapter 8: A Reflection on the Quality of FRA’s Research and Methodology – Angela Me;

Chapter 9: Equality and Inclusion: Designing research to reconcile rights, ideals and policy practices at FRA – Han Entzinger;

Chapter 10: FRA’s Efforts to Combat Hatred, Xenophobia and Racism – Françoise Tulkens;

Chapter 11: Promoting Equality: FRA’s work on Roma – José Manuel Fresno and Johanna Niemi;

Chapter 12: Violence against Women: Policy impact and FRA’s evidence-based research – Roman Wieruszewski and Katarzyna Sękowska-Kozłowska;

Chapter 13: Borders and Migration Control: FRA’s research at protection black spots - Jens Vedsted-Hansen;

Chapter 14: Embedded EU Research on Refugees and Asylum: FRA’s work on asylum and irregular migration – Rosemary Byrne;

Part III: Overcoming Constraints;

Chapter 15: FRA’s Response to the Current Human Rights Challenges – Manfred Nowak and Anna Müller-Funk;

Chapter 16: Upholding the Rule of Law in the EU: What role for FRA? – Laurent Pech and Joelle Grogan;

Chapter 17: Evidence-based Advising for Fundamental Rights: Concluding reflections –Rosemary Byrne and Han Entzinger;

About the Editors

Rosemary Byrne is an Associate Professor of International and Human Rights Law at the Law School, Trinity College Dublin, Ireland. She is a former Human Rights Commissioner for the Irish Human Rights Commission and is a member and former chair of the Scientific Committee of the EU Fundamental Rights Agency. She has been a Visiting Professor of International Law at the Paris School of International Affairs, Institut d'Études Politiques (Sciences-Po) since 2011 and has also been a member of the visiting faculty at the China-EU School of Law, China University of Political Science and Law, Beijing, a Human Rights Fellow at Harvard Law School, and a researcher at Jawaharlal Nehru University, New Delhi. A graduate of Columbia University, she earned her JD degree from Harvard Law School.

Han Entzinger was Professor of Migration and Integration Studies at Erasmus University Rotterdam from 2001-2017. From 1986-2001 he held a similar chair at Utrecht University, and before that he worked inter alia for the Scientific Council for Government Policy (WRR), a think tank close to the Prime Minister of the Netherlands, and for the International Labour Office in Geneva.

About the Series

Routledge Research in Human Rights Law

This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Civil Rights
LAW / Comparative
LAW / Constitutional
LAW / International
LAW / Jurisprudence
LAW / Public
LAW / Discrimination
POLITICAL SCIENCE / Political Freedom & Security / Civil Rights
POLITICAL SCIENCE / Political Freedom & Security / Human Rights
POLITICAL SCIENCE / Government / International
POLITICAL SCIENCE / World / European