CHARTER OF
FUNDAMENTAL RIGHTS
OF THE EUROPEAN UNION
CHAPTER I : DIGNITY |
CHAPTER II : FREEDOMS | CHAPTER
III : EQUALITY | CHAPTER
IV : SOLIDARITY | CHAPTER
V : CITIZEN'S RIGHTS | CHAPTER
VI: JUSTICE | CHAPTER
VII : GENERAL PROVISIONS
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.
CHAPTER I : DIGNITY[top]
Article 1: Human dignity
Human dignity is inviolable. It must be respected
and protected.
Article 2: Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
Article 3: Right to the integrity of the person
1. Everyone has the right to respect for his
or her physical and mental integrity.
2. In the fields of medicine and biology, the following must be
respected in particular:
- the free and informed consent of the person concerned, according
to the procedures laid down by law,
- the prohibition of eugenic practices, in particular those aiming
at the selection of persons,
- the prohibition on making the human body and its parts as such
a source of financial gain,
- the prohibition of the reproductive cloning of human beings.
Article 4: Prohibition of torture and inhuman
or degrading treatment or punishment
No one shall be subjected to torture or to inhuman
or degrading treatment or punishment.
Article 5 : Prohibition of slavery and forced
labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. Trafficking in human beings is prohibited.
CHAPTER II : FREEDOMS[top]
Article 6: Right to liberty and security
Everyone has the right to liberty and security
of person.
Article 7: Respect for private and family life
Everyone has the right to respect for his or
her private and family life, home and communications.
Article 8 : Protection of personal data
1. Everyone has the right to the protection of
personal data concerning him or her.
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.
3. Compliance with these rules shall be subject to control by an
independent authority.
Article 9: Right to marry and right to found
a family
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 : Freedom of thought, conscience and
religion
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.
2. The right to conscientious objection is recognised, in accordance
with the national laws governing the exercise of this right.
Article 11: Freedom of expression and information
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.
2. The freedom and pluralism of the media shall be respected.
Article 12 : Freedom of assembly and of association
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.
2. Political parties at Union level contribute to expressing the
political will of the citizens of the Union.
Article 13 : Freedom of the arts and sciences
The arts and scientific research shall be free
of constraint. Academic freedom shall be respected.
Article 14 : Right to education
1. Everyone has the right to education and to
have access to vocational and continuing training.
2. This right includes the possibility to receive free compulsory
education.
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.
Article 15 : Freedom to choose an occupation
and right to engage in work
1. Everyone has the right to engage in work and
to pursue a freely chosen or accepted occupation.
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.
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 : Freedom to conduct
a business
The freedom to conduct a business in accordance
with Community law and national laws and practices is recognised.
Article 17: Right to property
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.
2. Intellectual property shall be protected.
Article 18 : Right to asylum
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 : Protection in the event of removal,
expulsion or extradition
1. Collective expulsions are prohibited.
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.
CHAPTER III : EQUALITY[top]
Article 20 : Equality before the law
Everyone is equal before the law.
Article 21: Non-discrimination
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.
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 : Cultural, religious and linguistic
diversity
The Union shall respect cultural, religious and
linguistic diversity.
Article 23 : Equality between men and women
Equality between men and women must be ensured
in all areas, including employment, work and pay. 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 : The rights of the child
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.
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.
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 : The rights of the elderly
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 : Integration of persons with disabilities
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.
CHAPTER IV : SOLIDARITY[top]
Article 27 : Workers' right to information and
consultation within the undertaking
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 : Right of collective bargaining
and action
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 : Right of access to placement services
Everyone has the right of access to a free placement
service.
Article 30 : Protection in the event of unjustified
dismissal
Every worker has the right to protection against
unjustified dismissal, in accordance with Community law and national
laws and practices.
Article 31: Fair and just working conditions
1. Every worker has the right to working conditions
which respect his or her health, safety and dignity.
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 : Prohibition of child labour and
protection of young people at work
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 : Family and professional life
1. The family shall enjoy legal, economic and
social protection.
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 : Social security and social assistance
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.
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.
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 : Health care
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 : Access to services of general economic
interest
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: Environmental protection
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 : Consumer protection
Union policies shall ensure a high level of consumer
protection.
CHAPTER V : CITIZENS'
RIGHTS[top]
Article 39 : Right to vote and to stand as a
candidate at elections to the European Parliament
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.
2. Members of the European Parliament shall be elected by direct
universal suffrage in a free and secret ballot.
Article 40: Right to vote and to stand as a candidate
at municipal elections
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: Right to good administration
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.
2. This right includes:
- the right of every person to be heard, before any individual measure
which would affect him or her adversely is taken;
- 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;
- the obligation of the administration to give reasons for its decisions.
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.
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: Right of access to documents
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: Ombudsman
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: Right to petition
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: Freedom of movement and of residence
1. Every citizen of the Union has the right to
move and reside freely within the territory of the Member States.
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: Diplomatic and consular protection
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.
CHAPTER VI: JUSTICE[top]
Article 47: Right to an effective remedy and
to a fair trial
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: Presumption of innocence and right
of defence
1. Everyone who has been charged shall be presumed
innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been
charged shall be guaranteed.
Article 49: Principles of legality and proportionality
of criminal offences and penalties
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.
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 recognized
by the community of nations.
3. The severity of penalties must not be disproportionate to the
criminal offence.
Article 50: Right not to be tried or punished
twice in criminal proceedings for the same criminal offence
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.
CHAPTER VII :
GENERAL PROVISIONS[top]
Article 51: Scope
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.
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: Scope of guaranteed rights
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.
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.
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: Level of protection
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: 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.
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