Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2), Article 19(2), Article 21(2), Article 24, Article 167, and Article 168 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

(1) In accordance with Article 2 of the Treaty on European Union (TEU), the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Those values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. Article 3 TEU further specifies that the Union’s aim is to promote peace, its values and the well-being of its peoples and that it is to respect its rich cultural and linguistic diversity, and to ensure that Europe’s cultural heritage is safeguarded and enhanced. Those values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (the ‘Charter’).

(2) It is crucial that those rights and values continue to be actively cultivated, protected, promoted, enforced and shared among the citizens and peoples and that they remain at the heart of the Union project, given that a deterioration in the protection of those rights and values in any Member State can have detrimental effects on the Union as a whole. Provision should therefore be made in the general budget of the Union for a new Justice, Rights and Values Fund, comprising the Citizens, Equality, Rights and Values Programme and the Justice Programme established by Regulation (EU) 2021/693 of the European Parliament and the Council (4). At a time when European societies are confronted with extremism, radicalism and divisions, and space for independent civil society is shrinking, it is more important than ever to promote, strengthen and defend justice, rights and the Union values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. This will have profound and direct implications for political, social, cultural and economic life in the Union. As part of the new Justice, Rights and Values Fund, the Justice Programme, in line with the 2014–2020 Justice Programme established by Regulation (EU) No 1382/2013 of the European Parliament and of the Council (5), will continue to support the further development of a Union area of justice based on the rule of law, the independence and impartiality of the judiciary, mutual recognition and mutual trust, access to justice, and cross-border cooperation. The Citizens, Equality, Rights and Values Programme (the ‘Programme’) will bring together the Rights, Equality and Citizenship Programme for 2014–2020 established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (6) and the ‘Europe for Citizens’ programme established by Council Regulation (EU) No 390/2014 (7) (the ‘predecessor Programmes’).

(3) The Programme should be established for a period of seven years to align its duration with that of the multiannual financial framework laid down in Council Regulation (EU, Euratom) 2020/2093 (8).

(4) The Justice, Rights and Values Fund and its two underlying funding programmes will focus on persons and entities which contribute to making our common values and rich diversity as well as rights and equality alive and vibrant. The ultimate objective is to nurture and sustain a rights-based, equal, open, pluralist, inclusive and democratic society. That includes a vibrant and empowered civil society, encouraging people’s democratic, civic and social participation, and cultivating the rich diversity of European society on the basis of our common values, history and memory. Article 11 TEU requires that the Union institutions maintain an open, transparent and regular dialogue with civil society and, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

(5) An open, transparent and regular dialogue with the beneficiaries of the Programme and other relevant stakeholders should be established by setting up a Civil Dialogue Group. The Civil Dialogue Group should be an open and informal forum for discussion and should contribute to the exchange of experiences and good practices and to the discussion of policy developments within the areas and objectives covered by the Programme and related areas. The Civil Dialogue Group should not have any responsibility regarding the management of the Programme.

(6) By building on and further developing the positive experiences of the predecessor Programmes, the Programme should allow for synergies to be developed in order to tackle the challenges that are common to the promotion and protection of Union values, and in order to reach the critical dimension necessary to have concrete results in the field. This will make it possible to fully exploit the potential for synergies in order to more effectively support the policy areas covered and to increase the potential of the related policies to reach persons and civil society, aiming at a balanced geographical distribution. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made and targeted approaches.

(7) Full respect for and promotion of the rule of law and democracy are fundamental in building citizens’ trust in the Union and in ensuring mutual trust among Member States. By promoting rights and values, the Programme will contribute to the construction of a more democratic Union, respect for the rule of law and democratic dialogue, transparency and good governance, including in cases where space for civil society is shrinking.

(8) In order to bring the Union closer to its citizens and to foster democratic participation, a variety of actions and coordinated efforts are necessary. European citizenship and European identity should be developed and advanced by encouraging citizens’ understanding of the policy-making process, and by promoting civic engagement in the actions of the Union. Furthermore, bringing citizens together through town-twinning projects and networks of towns and supporting civil society organisations at local, regional, national and transnational level in the areas covered by the Programme will contribute to increasing citizens’ engagement in society and ultimately to their active involvement in the democratic life of the Union. At the same time, supporting activities that promote mutual understanding, intercultural dialogue, cultural and linguistic diversity, social inclusion and respect for others fosters a sense of belonging to the Union and of a common citizenship under a European identity, based on a shared understanding of our common European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important among citizens of its outermost regions because of their remoteness and distance from continental Europe.

(9) Remembrance activities and critical reflection on Europe’s historical memory are necessary to make citizens, in particular young persons, aware of their common history and values as the foundation for a common future. Remembrance activities should reflect on the causes of totalitarian regimes in Europe’s modern history, in particular Nazism, which led to the Holocaust; fascism; Stalinism and totalitarian communist regimes, and should commemorate the victims of their crimes. They should also encompass activities concerning other defining moments and reference points in recent European history. The relevance of historical, social, cultural and intercultural factors should also be taken into account in order to create a European identity based on common values and a sense of common belonging.

(10) Citizens should be more aware of their rights deriving from citizenship of the Union and they should feel at ease about living, travelling, studying, working and volunteering in another Member State. They should feel able to enjoy and exercise all of their citizenship rights and to place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. Civil society needs to be supported in promoting, safeguarding and raising awareness of Union values and in contributing to the effective enjoyment of rights under Union law.

(11) Gender equality is a fundamental value and an objective of the Union. Yet overall progress on gender equality has been stagnating. Discrimination against and unequal treatment of women and girls, as well as various forms of violence against them, violate their fundamental rights and prevent their full political, social and economic participation in society. In addition, the existence of political, structural and cultural barriers hinders the achievement of real gender equality. The promotion of gender equality and gender mainstreaming in all activities of the Union is therefore a core task for the Union and a driver for economic growth and social development, and should be supported by the Programme. Actively tackling stereotypes and addressing silent and intersectional discrimination are of particular importance. Equal access to work, equal participation in the labour market and the elimination of barriers to career progression in all sectors, for example the judiciary and sectors related to science, technology, engineering and mathematics, are pillars of gender equality. Focus should also be placed on work-life balance and on the equal sharing between women and men of unpaid household tasks and care for children, the elderly and other dependents, as these are matters which are intrinsically related to the achievement of equal economic independence and participation, and to the achievement of equality between women and men.

(12) Gender-based violence and violence against groups at risk (children, young persons and other groups at risk such as LGBTIQ persons, and persons with disabilities) constitute a serious violation of fundamental rights and persist throughout the Union, in all social and economic contexts, with serious repercussions for victims’ physical, mental and psychological health and for society as a whole. Gender-based violence and harassment in both the domestic and public spheres affect women most significantly. Combating such violence and harassment is therefore a key action in promoting gender equality. The Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) defines violence against women as all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. Combating gender-based violence requires a multi-dimensional approach and includes addressing its legal, economic, educational and health aspects. There is also a need to actively tackle gender stereotypes from an early age, as well as all forms of hate speech and online violence. In this context, it remains essential to support women’s rights organisations and other actors working in this area. Children, young persons and other groups at risk, such as LGBTIQ persons and persons with disabilities, are also at an increased risk of being subject to violence, particularly within the settings of family and intimate relationships. Action should be taken to promote the rights of persons at risk – in particular the rights of children, including those orphaned, whether as a result of domestic crimes or otherwise, and other particularly vulnerable groups of children – and to contribute to their protection and ensure their rights to development and dignity. Combating all forms of violence, in particular gender-based violence, promoting its prevention, and protecting and supporting its victims are Union priorities which help individuals enjoy their fundamental rights and contribute to gender equality. Those priorities should be supported by the Programme. The importance of granting funding under the Programme to civil society organisations promoting gender equality, combating gender-based violence and promoting women’s rights, including sexual and reproductive health and rights and the rights of LGBTIQ persons, in all Member States is emphasised. All those activities seek to promote key values of the Union and ought therefore to be supported throughout the Union, without exception.

(13) Strong political will and coordinated action based on the methods and results of the previous Daphne programmes, the Rights, Equality and Citizenship Programme and the Justice Programme are necessary in order to prevent and combat all forms of violence and to protect victims. In particular, Daphne funding to prevent and combat violence against children, young people and women and to protect victims has, since its launch in 1997, been a genuine success, in terms of both its popularity with stakeholders (public authorities, academic institutions and non-governmental organisations) and the effectiveness of the projects funded. The Daphne programme has funded projects to raise awareness, to provide support services to victims and to support the activities of civil society organisations working on the ground. It has addressed all forms of violence, including domestic violence, sexual violence, trafficking in human beings, stalking, and harmful traditional practices, such as female genital mutilation, as well as newly emerging forms of violence, such as cyber-bullying and online harassment. Considering the still alarming number of victims of gender-based violence, it is important to continue all these actions with an independent budget allocation for the activities implementing the specific objective of preventing and combating all forms of gender-based violence under Daphne, and to take into due consideration in the implementation of the Programme the results and lessons learned from them.

(14) Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union (TFEU) provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the Charter. The specific features of diverse forms of discrimination, including direct, indirect and structural discrimination, should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat all forms of discrimination, racism, xenophobia, afrophobia, anti-Semitism, anti-Gypsyism, anti-Muslim hatred, and allforms of intolerance, including homophobia, biphobia, transphobia, interphobia and intolerance based on gender identity, both online and offline, as well as intolerance of persons belonging to minorities, taking into account multiple discrimination. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as to combating bullying, harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular those referred to in Commission communication of 5 April 2011 entitled ‘An EU Framework for National Roma Integration Strategies up to 2020’ and in Council Recommendation of 9 December 2013 on effective Roma integration measures in the Member States (9).

(15) Social and environmental barriers as well as lack of accessibility hinder the full and effective participation of persons with disabilities in society on an equal basis with others. Persons with disabilities face barriers in relation to, among other things, accessing the labour market, benefiting from an inclusive and quality education, avoiding poverty and social exclusion, enjoying access to cultural initiatives and media, and exercising political rights. As Parties to the United Nations Convention on the Rights of Persons with Disabilities, the Union and all the Member States have undertaken to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. That Convention has become an integral part of the Union legal order.

(16) The right to respect for private and family life, home and communications is a fundamental right enshrined in Article 7 of the Charter. The protection of personal data is a fundamental right enshrined in Article 16 TFEU and Article 8 of the Charter. Compliance with the rules for the protection of personal data is subject to control by independent supervisory authorities. The Union’s legal framework, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (10) and Directive (EU) 2016/680 of the European Parliament and of the Council (11), lays down provisions to ensure that the right to protection of personal data is effectively enforced. Those legal instruments entrust the national data protection supervisory authorities with the task of promoting public awareness and understanding of the risks, rules, safeguards and rights that relate to the processing of personal data. The Union should be able to conduct awareness-raising activities, including through support for civil society organisations advocating for the protection of personal data in line with Union standards, and to carry out studies and other relevant activities, given the importance of the right to the protection of personal data at a time of rapid technological development.

(17) Article 24 TFEU obliges the European Parliament and the Council to adopt provisions for the procedures and conditions required for a citizen’s initiative within the meaning of Article 11 TEU. This has been done by adopting Regulation (EU) 2019/788 of the European Parliament and of the Council (12). The Programme should support the financing of technical and organisational support for the implementation of that Regulation, thereby underpinning the exercise by citizens of the right to launch and support European citizens’ initiatives.