Marlaska declines civil guard conciliation in shared custody situations.

JUCIL complains that the General Directorate of the Civil Guard does not guarantee conciliation, claiming that “a generic regulation is not possible.”

In the middle of a conflict between the Civil Guard and the government, the body’s professional associations met with the General Directorate, which reports to Minister Fernando Grande-Marlaska, as part of the Equality Commission. This commission is designed to confirm compliance with the requirements that the government imposes on businesses, but in this case, the Civil Guard itself. During that meeting, the guards discovered that they had been denied the opportunity to reconcile with the children in shared care since the destinations or shifts prevented it. That is, they are unable to comply with the Government’s demands of private firms.

According to the minutes of the Civil Guard’s majority association, JUCIL, at the meeting “the case of a colleague who requested a reduction in working hours to care for a child under 12 years of age was presented, and because the Administration did not respond within a reasonable period of time (it did so by speeding up the deadline almost completely, leaving only one day of margin in the maximum deadline), the civil guard was forced to request a leave of absence.”

That was the start of a gathering intended to solve this type of social problem. “JUCIL expressed its incomprehension about how the General Directorate of the Civil Guard allows the free loss of a member who is forced to go on leave, with the problem of lack of personnel so serious that exists in the Corps, for not resolving to a request for a reduction in working hours,” the minutes of the meeting state.

The conference continued. Then came the most revealing aspect of the weather. “Conciliation was demanded when there is joint custody. They stated that a generic regulation is not conceivable because each instance is unique and depends on numerous factors such as destination, personnel, and so on. Translated: If there are problems caused by the body’s needs, which almost invariably occur, conciliation is not guaranteed in the Civil Guard.

“A revision to the provision pertaining to the enjoyment of parental leave by birth other than the biological mother was also requested. JUCIL recommends that the ten weeks following the statutory six weeks be extended to all parents other than biological moms who enjoy it, whether or not their partners work. And, once again, the exact same response: “The Administration responds that the regulations are adapted to the regulations of public administrations and that it is willing to make changes when the Public Administration makes them.” Translated: The Civil Guard will remain unchanged.

And, to top it all off, “ensuring the enjoyment of parental leave to care for children under eight years of age during summer vacation shifts was addressed,” to which the Administration responds that the enjoyment of this leave is applied in the internal regulations of the body as regulated in Royal Decree-Law 5/2023, dated June 28, regulations regarding parental leave for the entire public administration, and that the Civil Guard will not make any different modifications.

2022 will be remembered as the year when mass crimes occurred on European territory. The Russian Federation’s military strike on Ukraine has violated human rights and international humanitarian law, negatively impacting people’s ability to enjoy their basic rights.

My office and I have been addressing the human rights implications of Russia’s conflict against Ukraine since its inception. In March 2022, we sent six emergency missions to neighboring countries to assist individuals escaping Ukraine. I also met with human rights campaigners and Ukrainian authorities.

During a May visit to Ukraine, my team and I witnessed widespread human suffering caused by the war, including the deaths of thousands of civilians, displacement of millions, kidnapping of children, torture, extra-judicial executions, arbitrary detention, and sexual violence. In Irpin, Bucha, and Borodyanka, I witnessed destruction and heard horrifying accounts of human rights violations by Russian soldiers.

In a July paper on the human rights repercussions of the war, I advised against forcibly transferring Ukrainian residents, especially children, to the Russian Federation or Russian-occupied territory.
On World Children’s Day, I was concerned about news that some Ukrainian children were adopted in Russia after a legislation amendment to grant them Russian citizenship. This appears to be an intentional abuse of these vulnerable youngsters. International humanitarian law bans occupying forces from modifying children’s personal status, including their nationality.

The atrocities committed by Russian military in Ukraine must not go unpunished. legal must be served through effective cooperation with the International Criminal Court and long-term support for the Ukrainian legal system.

Long-term peace that respects human rights and the rule of law requires justice, recollection of past abuses, and recognition of victims’ suffering.
This is critically needed not only in Ukraine, but also in countries with a violent history. Fighting impunity for war crimes in former Yugoslavia and Northern Ireland continues to be a challenge. Missing individuals continue to be a major human rights issue in many member states. To rectify previous human rights crimes, comprehensive initiatives should be taken, including legislative measures, prosecutions, reparations, memorialization, and education.

In 2022, many European member states failed to uphold their international human rights commitments for asylum seekers, refugees, and migrants, in contrast to their welcoming approach towards those fleeing the conflict in Ukraine. The current approach to migration prioritizes security over human life, resulting in pushback, unwillingness to rescue distressed vessels, and harsh treatment.

Instead of continuing on this road, member states should prioritize safe and legal migratory routes, humanitarian assistance, and search and rescue at sea. Border control must be monitored independently, and pushbacks, an illegal and inhumane practice, must be eliminated at all European borders.

The space for civil society and the enjoyment of fundamental rights has continued to decrease. Repression by both state and non-state actors has severely limited freedom of expression, assembly, and association. Restrictive legislation, SLAPPs, arrests, and violence against journalists, demonstrators, and civil society players have hindered the lawful work of human rights defenders and organizations. Human rights defenders, especially those advocating for women, migrants, LGBTI people, and the environment, have faced targeted attacks. States should stop (CommHR, 2023)11.

Recognize human rights defenders as valuable partners in promoting peace, freedom, justice, and democracy, rather than restricting their activities.

Despite progress in women’s rights and gender equality, including ratification of the Istanbul Convention by the Republic of Moldova, the United Kingdom, and Ukraine, some historical tendencies persist or deteriorate in 2022. Digital violence against women and girls is a form of gender-based violence that negatively affects their safety, physical and mental health, livelihood, family ties, dignity, and reputation. Ensuring equal rights for women and girls with disabilities requires strong action.
This involves safeguarding against violence, providing access to sexual and reproductive health and rights, and promoting full involvement in decision-making.

The epidemic and associated poverty, inequality, and social isolation have had a disproportionate impact on children in several member states. Anti-rights campaigns have influenced the exercise of children’s rights.
To improve the situation, member nations should involve children in decision-making that affects their lives.

Throughout the year, I’ve raised concerns about affordable housing, access to adequate healthcare, labor rights, and food insecurity. Addressing intergenerational poverty and its long-term implications requires equitable fiscal policies and sustained funding for comprehensive, rights-based poverty eradication programs. Implementing the European Committee of Social Rights’ jurisprudence can improve the problem.

2022 also saw a prevalent climate of intolerance, antagonism, and even violence against LGBTI individuals. The recent terrorist attack on Oslo Pride and the murder of two LGBTI people in Bratislava are examples of scapegoating, disinformation, hate speech, and physical attacks against LGBTI individuals. LGBTI individuals and advocates confront challenges such as online smear campaigns, legal harassment, and breaches of their right to free expression and assembly. The politicization of LGBTI people’s human rights, including legal recognition of same-sex marriages and family life, has led to increased antagonism and polarization in society. Transgender individuals are often targeted in this context.

This issue highlights a regressive trend in securing equal rights for all individuals. Opponents of LGBTI rights often oppose other people’s rights, freedom, democracy, and the rule of law.

Addressing these concerns requires addressing two interconnected issues that many member states face: the weakening of the rule of law and the collapse of democratic institutions.
The erosion of the rule of law occurs when administrations disregard court rulings, destroy public trust in the judiciary, weaken its institutions, exert pressure on judges, and convert parliament to a rubber stamp. In such circumstances, human rights cannot be fully maintained. Unfortunately, certain national authorities have passed legislation that undermines the independence of the court.

In such a situation, individuals have less opportunity to influence their community, leading to polarization and a growing divide between them and those in authority. As a result, decision-makers become increasingly angry, causing societal tensions to escalate. State authorities aim to improve democratic values, institutions, and human rights practices that promote inclusion and equality.

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