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View comments on this itemAdd your comment on this item1 CHARTER OF FUNDAMENTAL RIGHTS

OF THE EUROPEAN UNION

(source: http://db.consilium.eu.int/df/docs/en/CharteEN.pdf)

Add your comment on this item2 PREAMBLE

The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful

future based on common values.

Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of

human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule

of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union

and by creating an area of freedom, security and justice.

The Union contributes to the preservation and to the development of these common values while

respecting the diversity of the cultures and traditions of the peoples of Europe as well as the

national identities of the Member States and the organisation of their public authorities at national,

regional and local levels; it seeks to promote balanced and sustainable development and ensures free

movement of persons, goods, services and capital, and the freedom of establishment.

To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in

society, social progress and scientific and technological developments by making those rights more

visible in a Charter.

This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and

the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and

international obligations common to the Member States, the Treaty on European Union, the Community

Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the

Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court

of Justice of the European Communities and of the European Court of Human Rights.

Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human

community and to future generations.

The Union therefore recognises the rights, freedoms and principles set out hereafter.

 

Add your comment on this item3 CHAPTER I

DIGNITY

Article 1

Add your comment on this item4 Human dignity

Add your comment on this item5 Human dignity is inviolable. It must be respected and protected.

Article 2

Add your comment on this item6 Right to life

Add your comment on this item7 1. Everyone has the right to life.

Add your comment on this item8 2. No one shall be condemned to the death penalty, or executed.

Article 3

Add your comment on this item9 Right to the integrity of the person

Add your comment on this item10 1. Everyone has the right to respect for his or her physical and mental integrity.

Add your comment on this item11 2. In the fields of medicine and biology, the following must be respected in particular:

Add your comment on this item12 -the free and informed consent of the person concerned, according to the procedures laid down by

law,

Add your comment on this item13 -the prohibition of eugenic practices, in particular those aiming at the selection of persons,

Add your comment on this item14 -the prohibition on making the human body and its parts as such a source of financial gain,

Add your comment on this item15 -the prohibition of the reproductive cloning of human beings.

Article 4

Add your comment on this item16 Prohibition of torture and inhuman or degrading treatment or punishment

Add your comment on this item17 No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 5

Add your comment on this item18 Prohibition of slavery and forced labour

Add your comment on this item19 1. No one shall be held in slavery or servitude.

Add your comment on this item20 2. No one shall be required to perform forced or compulsory labour.

Add your comment on this item21 3. Trafficking in human beings is prohibited.

Add your comment on this item22 CHAPTER II

FREEDOMS

Article 6

View comments on this itemAdd your comment on this item23 Right to liberty and security

Add your comment on this item24 Everyone has the right to liberty and security of person.

Article 7

Add your comment on this item25 Respect for private and family life

Add your comment on this item26 Everyone has the right to respect for his or her private and family life, home and communications.

Article 8

Add your comment on this item27 Protection of personal data

Add your comment on this item28 1. Everyone has the right to the protection of personal data concerning him or her.

Add your comment on this item29 2. Such data must be processed fairly for specified purposes and on the basis of the consent of the

person concerned or some other legitimate basis laid down by law. Everyone has the right of access to

data which has been collected concerning him or her, and the right to have it rectified.

Add your comment on this item30 3. Compliance with these rules shall be subject to control by an independent authority.

Article 9

Add your comment on this item31 Right to marry and right to found a family

Add your comment on this item32 The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

Article 10

Add your comment on this item33 Freedom of thought, conscience and religion

Add your comment on this item34 1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom

to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.

Add your comment on this item35 2. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.

Article 11

Add your comment on this item36 Freedom of expression and information

Add your comment on this item37 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

Add your comment on this item38 2. The freedom and pluralism of the media shall be respected.

Article 12

Add your comment on this item39 Freedom of assembly and of association

Add your comment on this item40 1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,

in particular in political, trade union and civic matters, which implies the right of everyone to form and

to join trade unions for the protection of his or her interests.

Add your comment on this item41 2. Political parties at Union level contribute to expressing the political will of the citizens of the

Add your comment on this item42 Union.

Article 13

Add your comment on this item43 Freedom of the arts and sciences

Add your comment on this item44 The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

Add your comment on this item45 Article 14

View comments on this itemAdd your comment on this item46 Right to education

Add your comment on this item47 1. Everyone has the right to education and to have access to vocational and continuing training.

Add your comment on this item48 2. This right includes the possibility to receive free compulsory education.

Add your comment on this item49 3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national

laws governing the exercise of such freedom and right.

Add your comment on this item50 Article 15

Add your comment on this item51 Freedom to choose an occupation and right to engage in work

Add your comment on this item52 1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.

Add your comment on this item53 2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of

establishment and to provide services in any Member State.

Add your comment on this item54 3. Nationals of third countries who are authorised to work in the territories of the Member States are

entitled to working conditions equivalent to those of citizens of the Union.

Article 16

Add your comment on this item55 Freedom to conduct a business

Add your comment on this item56 The freedom to conduct a business in accordance with Community law and national laws and practices is recognised.

Article 17

Add your comment on this item57 Right to property

Add your comment on this item58 1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in

the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

Add your comment on this item59 2. Intellectual property shall be protected.

Article 18

Add your comment on this item60 Right to asylum

Add your comment on this item61 The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community.

Article 19

Add your comment on this item62 Protection in the event of removal, expulsion or extradition

Add your comment on this item63 1. Collective expulsions are prohibited.

Add your comment on this item64 2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

Add your comment on this item65 CHAPTER III

EQUALITY

Article 20

Add your comment on this item66 Equality before the law

Add your comment on this item67 Everyone is equal before the law.

Article 21

Add your comment on this item68 Non-discrimination

Add your comment on this item69 1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic

features, language, religion or belief, political or any other opinion, membership of a national minority,

property, birth, disability, age or sexual orientation shall be prohibited.

Add your comment on this item70 2. Within the scope of application of the Treaty establishing the European Community and of the

Treaty on European Union, and without prejudice to the special provisions of those Treaties, any

discrimination on grounds of nationality shall be prohibited.

Article 22

Add your comment on this item71 Cultural, religious and linguistic diversity

Add your comment on this item72 The Union shall respect cultural, religious and linguistic diversity.

Article 23

Add your comment on this item73 Equality between men and women

Add your comment on this item74 Equality between men and women must be ensured in all areas, including employment, work and pay.

Add your comment on this item75 The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Article 24

Add your comment on this item76 The rights of the child

Add your comment on this item77 1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.

Add your comment on this item78 2. In all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.

Add your comment on this item79 3. Every child shall have the right to maintain on a regular basis a personal relationship and direct

contact with both his or her parents, unless that is contrary to his or her interests.

Article 25

Add your comment on this item80 The rights of the elderly

Add your comment on this item81 The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

Article 26

Add your comment on this item82 Integration of persons with disabilities

Add your comment on this item83 The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

Add your comment on this item84 CHAPTER IV

SOLIDARITY

Article 27

Add your comment on this item85 Workers' right to information and consultation within the undertaking

Add your comment on this item86 Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Community law and national laws and practices.

Article 28

Add your comment on this item87 Right of collective bargaining and action

Add your comment on this item88 Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.

Article 29

Add your comment on this item89 Right of access to placement services

Add your comment on this item90 Everyone has the right of access to a free placement service.

Article 30

Add your comment on this item91 Protection in the event of unjustified dismissal

Add your comment on this item92 Every worker has the right to protection against unjustified dismissal, in accordance with Community law and national laws and practices.

Article 31

Add your comment on this item93 Fair and just working conditions

Add your comment on this item94 1. Every worker has the right to working conditions which respect his or her health, safety and dignity.

Add your comment on this item95 2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.

Article 32

Add your comment on this item96 Prohibition of child labour and protection of young people at work

Add your comment on this item97 The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations. Young people admitted to work must have working conditions appropriate to their age and be protected

against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.

Article 33

Add your comment on this item98 Family and professional life

Add your comment on this item99 1. The family shall enjoy legal, economic and social protection.

Add your comment on this item100 2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.

Article 34

Add your comment on this item101 Social security and social assistance

Add your comment on this item102 1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Community law and national laws and practices.

Add your comment on this item103 2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Community law and national laws and practices.

Add your comment on this item104 3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient

resources, in accordance with the rules laid down by Community law and national laws and practices.

Article 35

Add your comment on this item105 Health care

Add your comment on this item106 Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human

health protection shall be ensured in the definition and implementation of all Union policies and activities.

Article 36

Add your comment on this item107 Access to services of general economic interest

Add your comment on this item108 The Union recognises and respects access to services of general economic interest as provided for in national laws and practices, in accordance with the Treaty establishing the European Community, in order to promote the social and territorial cohesion of the Union.

Article 37

Add your comment on this item109 Environmental protection

Add your comment on this item110 A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.

Article 38

Add your comment on this item111 Consumer protection

Add your comment on this item112 Union policies shall ensure a high level of consumer protection.

Add your comment on this item113 CHAPTER V

CITIZENS' RIGHTS

Article 39

Add your comment on this item114 Right to vote and to stand as a candidate at elections to the European Parliament

Add your comment on this item115 1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the

European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State.

Add your comment on this item116 2. Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.

Article 40

Add your comment on this item117 Right to vote and to stand as a candidate at municipal elections

Add your comment on this item118 Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.

Article 41

Add your comment on this item119 Right to good administration

Add your comment on this item120 1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union.

Add your comment on this item121 2. This right includes:

Add your comment on this item122 -the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;

Add your comment on this item123 -the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;

Add your comment on this item124 -the obligation of the administration to give reasons for its decisions.

Add your comment on this item125 3. Every person has the right to have the Community make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.

Add your comment on this item126 4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.

Article 42

Add your comment on this item127 Right of access to documents

Add your comment on this item128 Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to European Parliament, Council and Commission documents.

Article 43

Add your comment on this item129 Ombudsman

Add your comment on this item130 Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.

Article 44

Add your comment on this item131 Right to petition

Add your comment on this item132 Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to petition the European Parliament.

Article 45

Add your comment on this item133 Freedom of movement and of residence

Add your comment on this item134 1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.

Add your comment on this item135 2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing the European Community, to nationals of third countries legally resident in the territory of a Member State.

Article 46

Add your comment on this item136 Diplomatic and consular protection

Add your comment on this item137 Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.

Add your comment on this item138 CHAPTER VI

JUSTICE

Article 47

Add your comment on this item139 Right to an effective remedy and to a fair trial

Add your comment on this item140 Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

Article 48

Add your comment on this item141 Presumption of innocence and right of defence

Add your comment on this item142 1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.

Add your comment on this item143 2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

Article 49

Add your comment on this item144 Principles of legality and proportionality of criminal offences and penalties

Add your comment on this item145 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was

committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.

Add your comment on this item146 2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.

Add your comment on this item147 3. The severity of penalties must not be disproportionate to the criminal offence.

Article 50

Add your comment on this item148 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

Add your comment on this item149 No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he

or she has already been finally acquitted or convicted within the Union in accordance with the law.

Add your comment on this item150 CHAPTER VII

GENERAL PROVISIONS

Article 51

Add your comment on this item151 Scope

Add your comment on this item152 1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers.

Add your comment on this item153 2. This Charter does not establish any new power or task for the Community or the Union, or modify powers and tasks defined by the Treaties.

Article 52

Add your comment on this item154 Scope of guaranteed rights

Add your comment on this item155 1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.

Add your comment on this item156 2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on European Union shall be exercised under the conditions and within the limits defined by those Treaties.

Add your comment on this item157 3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.

Article 53

Add your comment on this item158 Level of protection

Add your comment on this item159 Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union, the Community or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States' constitutions.

Article 54

Add your comment on this item160 Prohibition of abuse of rights Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their

limitation to a greater extent than is provided for herein.