Mental health policy and practice across Europe: an overview

312 Mental health policy and practice
and Khaliq (2004: 454) point out that given only about a third of the states
which are parties to the Charter have accepted the collective complaints system,
it is still ‘very much a minority option’.
European Union and human rights
The protection and promotion of human rights is described as one of the defining
principles of the European Union (EU) (Council of the European Union
2002: 1). Since the formulation of the ‘Copenhagen Criteria’ for membership
of the EU in 1993, which included ‘stability of institutions guaranteeing democracy,
the rule of law, human rights and protection of minorities’, human
rights issues have been ‘at the forefront of the accession process’ (Williams 2004:
64–5).
Directives on non-discrimination
Article 13 of the Treaty of Amsterdam 1999 authorizes the EU to take action to
combat discrimination based on a range of grounds, including disability. Two
directives to promote equal treatment were adopted in 2000 (see below).
EU Charter of Fundamental Rights 2000
This Charter covers a range of economic, social and cultural rights, and civil and
political rights. Although not legally binding, it is suggested that the European
Court of Justice would be able to use the Charter as a guide to general principles
of Community law ‘thus conferring on it legal status of sorts through the back
door’ (Quinn 2001: 872). If the EU Constitution for Europe (which incorporates
the Charter) comes into force, the Charter will become legally binding. Thus, EU
institutions and bodies will be required to comply with the Charter, as will
member states when implementing EU legislation, while the European Court of
Justice will ensure adherence to the Charter (European Communities 2004: 10).
However, at the time of writing the process of ratification (all member states
must adopt the Constitution) has been, at the very least, delayed in the light of
the results of the referenda in France and the Netherlands, with both countries
rejecting the text of the Constitution.
European Union Agency for Fundamental Rights
In June 2005 the European Commission issued a proposal to establish an EU
Agency for Fundamental Rights. The Agency is to be an independent centre
which can provide assistance and expertise on fundamental rights issues to
EU institutions and the member states: ‘in order to support them when they
take measures or formulate courses of action within their respective spheres of
competence to fully respect fundamental human rights’ (Commission of the
European Communities: 2005). The proposal suggests that the Agency should
become operational on 1 January 2007.