EL BLOG DE LA FIIAPP. Cooperación Española

As a FIIAPP expert, Joaquín Delgado has worked to guarantee access to justice for vulnerable people through the EUROSOCIAL+ programme. 

What has been the greatest achievement of your experience as an expert on the FIIAPP–EUROsociAL+ programme?

Without a doubt, my greatest achievement is the collaboration with FIIAPP/EUROsociAL in the genesis and implementation of the “Brasilia Rules on Access to Justice for Vulnerable People”, which began in 2007 and continues today.  

First, I participated in designing and drafting the so-called 100 Brasilia Rules, through to their approval in the Plenary of the Ibero-American Judicial Summit (CJI) that took place in Brasilia in 2008 at the Ibero-American Judicial Summit, which brings together the presidents of the Supreme Courts and Supreme Courts of Justice and the heads of the Judicial Councils from 23 Ibero-American countries.  

Subsequently, I collaborated with FIIAPP/EUROsociAL in what was a pioneering inter-network action at that time, promoting these Rules to ensure they had the support of the main Ibero-American justice system operators and officials networks:  the Ibero-American Association of Public Ministries (AIAMP), the Inter-American Association of Public Defenders (AIDEF), the Ibero-American Federation of Ombudsman (FIO) and the Ibero-American Union of Lawyers Associations and Groups (UIBA).  

After updating the Rules approved by the CJI in 2018, FIIAPP/EUROsociAL commissioned me to prepare a Practical Guide to the Brasilia Rules, which came out in 2019.  

I am currently collaborating in elaborating and developing a strategy to gain approval for an international treaty or agreement on access to justice for vulnerable people. To this end, a Technical Team has been created in which COMJIB, SEGIB, CJI, the Ibero-American Programme for Access to Justice and the Spanish Ministry of Justice are participating, with technical support from FIIAPP/EUROsociAL.  

What are you most proud of?

I am very proud to have had the opportunity to contribute, through my work and jurisdictional experience, to the creation of an instrument that has proved very useful in improving the judicial protection of the most vulnerable and, therefore, to improve the effectiveness of their rights.  

There is little point in recognising a right that is not fulfilled. It is not enough for the legislation to include rights, but rather it is necessary to create mechanisms that allow them to be respected and for their effective enforcement. And this is the key role for justice in ensuring the effectiveness of both traditional civil and political rights, as well as economic, social and cultural rights.  

Which is especially significant as a consequence of the pandemic, because it disproportionately affects vulnerable populations, which are exactly those who have the greatest obstacles to gaining access to justice:  debt and insolvency problems; people who lose their jobs and/or are forced into the underground or informal economy and/or have difficulties in meeting their financial commitments or housing tenancies; victims of online fraud, or gender violence; inmates in prisons and detention centres; people in informal settlements, etc.  

 How has your assignment helped to improve the lives of people and the planet?

The 100 Brasilia Rules include a series of concrete measures and recommendations to overcome obstacles to judicial protection arising from age (minors and elderly people), victimisation, disability, migration and displacement due to internal conflicts, poverty, gender, belonging to minorities or deprivation of liberty, among other causes.  

They are aimed at those responsible for judicial public policies, in such a way that the content of the Rules is taken into account in their design and implementation, improving the legal and institutional framework for access to justice for the most vulnerable in society. But it is also aimed at the officials and operators of the justice system, so that they are able to grant the most vulnerable better treatment that is appropriate to their particular circumstances.  

Now we have to go one step further: the principles and content of the Brasilia Rules must be included in a binding international instrument (international treaty or agreement) that is configured as a benchmark for the actions taken by public bodies in the design, execution and monitoring of public policies, as well as in the performance by the different people who carry out their functions in the judicial system.   

What is the main value of the public aspect for you?

People are the raison d’être of the public sphere, so meeting their needs must be the end goal for public institutions.  In the field of justice, we must ensure that the judicial system constitutes an effective guarantee of the rights of all people, regardless of their economic, physical-sensory capacities, gender, whether they belong to a minority, etc. in line with the United Nations 2030 Agenda Sustainable Development Goals, where Goal 16 refers to “the provision of access to justice for all”.   

What have you learned from this experience?

The most important lesson I have learned relates to the relevance of establishing mechanisms that enable effective collaboration between the different people and bodies that are involved in a certain action aimed at improving some aspect of the workings of the judicial system (collaboration principle). Which is especially significant in a scenario as complex as justice, in which judges, prosecutors, public defenders, lawyers and other legal professionals are involved; but in which the police, public registries, penitential institutions, experts, etc. and especially companies and citizens also participate and/or collaborate in one way or another, either themselves or through civil society organisations.  

And these collaboration mechanisms must be facilitated not only at the local and national level, but also at the international level in such a way that the judicial systems of different countries can share their experiences and move forward together in designing values-based measures and products that improve access to justice for all people.  

In this context, I want to highlight the work that FIIAPP/EUROsociAL has carried out in recent years, which has provided the necessary support so that the different actors in the Latin American judicial systems have collaborated effectively in improving access to justice for vulnerable people: forums for debate and exchange of experiences, protocols, etc. and especially support in the drafting and effectiveness of the 100 Brasilia Rules. 

What has been the greatest achievement of your experience as an expatriate expert?

 Managing the (CT-Public Spaces) project with repercussions in several African countries (Ghana, Kenya and Senegal), representing an almost 200-year-old institution like the Guardia Civil and succeeding in improving everyone’s security.  

 What are you most proud of?  

Of having been able to convey our way of doing things, seriously and rigorously, to security forces in partner countries, and to have forged links with them that will last beyond the duration of the project.  

 How has your assignment helped to improve the lives of people and the planet?

We contribute to the security of citizens and to the development of their societies. If we succeed, we improve their day-to-day lives and based on this we improve their societies, making them freer and more prosperous.   

 What is the main value of the public aspect for you?

Providing citizens with security is, without a doubt, the legal responsibility of public administrations, but we all have a role in this regard. In our project we set out to involve the private sector. We must all cooperate within our respective skills areas.   

What have you learned from this experience?

You are always learning and it is always possible to do things differently. Each country has its own ways of doing things, times, customs and influences. We must be open to these and we must adapt our procedures to the circumstances, try to collaborate without dictating, inspire trust and establish ties that ensure the continuity of this collaboration, as well as the appropriation of what has been learned by the different security forces of the partner countries. 

Dolores Moreno is a forensic pathologist and has been a member of the National Corps of Forensic Pathologists for over 25 years. She has been director of the National Institute of Toxicology and Forensic Sciences attached to the Ministry of Justice and has worked as a FIIAPP expert in Central America as a participant in the ICRIME project in its fight against organised crime. 

What has been the greatest achievement of your experience as an expatriate expert?  

ICRIME works with twelve forensic organisations in seven countries. After several visits and continuous contact with their workers, having the opportunity to get to know them, understand their needs and drafting the improvement proposals in keeping with project goals has, I think, been one of my greatest work-related achievements.  

What are you most proud of?   

Of having quickly adapted to the central American culture and of having developed a relationship of trust with the directors of forensic institutions in the region.   

I am also proud of having been able to rally high-level experts from our ministries and involve them in our project.   

How has your mission as an aid worker and at the same time a public official contributed to improving the lives of people and/or the planet?   

Cooperation with the public institutions of these countries allows us to share knowledge and the experience acquired in our civil service. We collaborate in making these public institutions more effective and efficient. To do so, we apply management and quality criteria, working on professional training and technological improvement, which results in better service to the public, greater legal security and better management of public resources.   

What is the main value of the public aspect for you?   

Public Administrations don’t try to obtain the maximum profit from the services they provide. Consequently, the parameters to be taken into account when selecting a service will only be those of suitability and the achievement of the expected results. I think this is very important when providing basic services such as those related to security and justice.    

This does not mean that a public service should not be efficient, on the contrary, public officials have become more committed to the administration of resources and are increasingly being trained in efficiency management, albeit never losing sight of social well-being and without putting citizens at risk.   

What have you learned?  

During this time I have had the opportunity to delve into how these organisations operate, which has allowed me to learn from their best practices in management, in the organisation of certain procedures and in the way to solve common problems.   

I have also witnessed the commitment of the staff in these institutions who, despite cultural differences, share a vocation of public service with us. 

Cristina García-Herrera is a specialist in taxation and Director of Studies of the Institute for Tax Studies. In this interview she tells us about her experience as an expert on the programme regarding tax cooperation with Latin America EUROsociAL. 

What has been the greatest achievement of your experience as an expert on the FIIAPP–EUROsociAL+ programme?

My greatest achievement in this project is having helped the Institute for Fiscal Studies to continue to be a key partner in the EUROsocial programme, assisting the IEF in its longstanding work in building stronger public finances in Latin American countries with the support and help of specialists and public employees in Spain.    

What are you most proud of?

I am very proud of the role that the Spanish Ministry of Finance, and the Institute in particular, has played in the EUROsocial project over these years, due to the high degree of involvement of public-sector employees, the enthusiasm that exists about contributing to the improvement, the strengthening of public finances in Latin American countries and about a job well done by the entire team.  

How has your assignment contributed to improving the lives of people and the planet?

I believe that through fiscal policy, the EUROsocial programme contributes from both a tax and budgetary perspective as a key element for the development of countries and the improvement of people’s living conditions. Changes in the structure of public income and expenditure have an impact on the distribution of households’ disposable income, on the securing of the fundamental right to equality, on the improvement of public services and ultimately on the achievement of a solid welfare state that provides a better life for all and, in particular, for the least fortunate.   

What is the main value of the public aspect of this for you?

For me, the main value of the public aspect is the protection of general interests. In times of economic crisis, as is the case with the pandemic that we are still experiencing, the public response from countries has been solid. It has demonstrated the relevance of continuing to be committed to State intervention in the economy to correct market failures.  

What have you learned from this experience?

I have learned a lot, both personally and professionally. I have been able to share and exchange ideas with officials and policy makers from a large number of countries. But, above all, I have learned the importance of peer collaboration. Assistance to Latin America is always a win-win, we receive more than we give, and that improves us, both professionally and personally.   

On the occasion of the Generation Equality Forum, the global meeting held in Paris to promote gender equality after the setbacks of the pandemic, in association with the European Union EUROsociAL+ programme, we interviewed María Eugenia Rodríguez Palop, vice president of the Commission on Women’s Rights and Gender Equality to analyse some of the main challenges. 

Can we be satisfied with the new European Gender Equality Strategy 2020-2025?

This strategy has been a real step forward as it considers violence against women in a very comprehensive way. It has ratified the Istanbul Convention, underscoring the stance of the governments that have not ratified it and that promote disinformation campaigns about this convention in the European Union. I do not think that we are going to see a comprehensive directive that covers all male violence, but steps are definitely being taken in the recognition of gender violence as a European crime. 

It also seeks to put forward specific measures to eliminate all forms of workplace segregation that exist in the employment market. There are completely male and female sectors that include cleaners, supermarket cashiers, health workers and workers in social services. These women are not only underpaid, they are undervalued from a social and cultural point of view. This is one of the questions that the strategy addresses. 

We want care services to be looked after, to be public, accessible and universal. We want working from home not to be used to overload women and for the work of women in the world of care to be valued, as well as attending to their working conditions and health. We also need to ensure that a greater and better representation of women is achieved in the economic space and on the boards of directors. 

Are we moving towards a European Pact for care services?

I would say without any doubt that progress is being made because before they were not even considered whereas now they are.  It should also be pointed out that the social pillar of the European Union, which was the poor relation when compared to EU law and politics, is today much stronger. The minimum wage and wage transparency directive, which is being discussed in the European Parliament, will undoubtedly improve the lives of people and the lives of women in particular because it will expose and hopefully even eliminate the 14% salary gap that exists today between men and women. This gap then translates into a pension gap of 37%, which means that elderly women are far worse off than their male counterparts. 

In addition, the conciliation directive has been strengthened, meaning that more pressure will be placed on countries to implement it. This is very important in the world of care, which is a world of women and which is completely feminised. 

The segregation suffered by women in the public and work space is due to the overload of domestic tasks, making it essential to legislate on the co-responsibility of women and men within the home. 

In short, it seems to me that we are certainly closer to a Europe of care than we were before. 

At FIIAPP we work a lot with Latin America. What challenges do we share with the region in terms of gender issues?

I think there are many challenges that we share with Latin America. First and foremost is the fight against male violence. as well as the fight for sexual and reproductive rights. A week ago, Parliament struggled to draw up a resolution to urge all Member States to guarantee the right to safe and legal abortion. In Latin America, progress has been made in Argentina and hopefully in Chile as well. But the extent to which reproductive rights are violated in some regions like Central America is very worrying. 

I would say that equality between men and women has not been achieved anywhere. Although Europe is moving forward and we must be optimistic, it is moving at a snail’s pace – something that the European Institute for Gender Equality has strived to highlight.  The levels of poverty suffered by women in Latin America are clearly not comparable to what women suffer in the European Union, but, once again, the challenge to achieve equality remains in a number of places. There may be different dimensions, with the problem existing to a varying extent; nevertheless there are objectives that we can absolutely share with Latin American women. In the International Women’s Day strikes on 8 May, this global dimension was evident, as women face very similar problems all  over the world. 

Cristóbal Guzmán coordinates EU support for eGovernment and the digital economy in Ukraine. – a cooperation project financed by the European Union and managed by FIIAPP.  Be part of our #TalentoPublico initiative in more than 100 countries. 

What has been the greatest achievement of your experience as an expatriate expert?   

The achievements of other Twinning telecommunications projects that I have had in the past in Poland, Bulgaria or Turkey have inspired me to achieve the forthcoming Digital Ukraine Project. However, often what you think most about in terms of your experience is the failures, because you learn more from them than from achievements.  

What are you most proud of?   

The most important thing is the people. Creating an environment in which everyone can take part is therefore something that you can be really proud of.  

How does your mission as an aid worker and at the same time a public worker contribute, or how has it contributed, to improving the lives of people and/or the planet?  

That’s a difficult question. I think that the important thing is to carry out the entrusted tasks in line with the planned roles and targets of the administration or institution where you work.  

What is the main value of the public aspect for you?   

Without a doubt, the orientation of our work towards people, companies and institutions. Currently, in the European Union-funded Digital Ukraine project that is overseen by FIIAPP, this means the possibility of promoting digital public services, which help the digital transformation of the public administration, bringing Ukraine closer to the EU Digital Single Market.  

What have you learned?  

I have learned a lot about how professionals from other countries work and how they solve problems, highlighting the many things we have in common.