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Charter of Fundamental Rights of the European Union 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 spirituel and moral heritage, the Union is founded on the indivisible, universel values of human dignity, freedom, equality and solidarity it is based on the principles of democracy and the rule of law. It places the individuel at the heart of its activities, by estabhshing the citizenship of the Union and by creating an area of freedom, security and justice. The Union contributes to the préservation 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, g-oods, services and capital, and the freedom of establishment. To this end, it is necessary to strengthen the protection of fondamental 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. Enjoyinent 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 Article 1 Human dignity is inviolable. It must be respected and protected. Article 2 1. Everyone has the right to life. Article 3 1. Everyone has the right to respect for his or her physical and mental integrity.
Article 4 No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 5 1. No one shall be held in slavery or servitude. Chapter II - Freedoms Article 6 Everyone has the right to liberty and security of person. Article 7 Everyone has the right to respect for his or her private and family life, home and communications. Article 8 1. Everyone has the right to the protection of personal data concerning him or her. Article 9 The right to marry and the right to found a family shall be guaranteed in accordance with the Article 10 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. Article 11 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. Article 12 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. Article 13 The arts and scientific research shall be free of constraint. Academic freedom shall be respected. Article 14 1. Everyone has the right to education and to have access to vocational and continuing training. Article 15 1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation. Article 16 The freedom to conduct a business in accordance with Community law and national laws and practices is recognised. Article 17 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 insofar as is necessary for the general interest. Article 18 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 1. Collective expulsions are prohibited. Chapter III - Equality Article 20 Everyone is equal before the law. Article 21 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. Article 22 The Union shall respect cultural, religious and linguistic diversity. Article 23 Equality between men and women must be ensured in all areas, including employment, work and pay. Article 24 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. Article 25 The Union recognises and respects the rights of the elderly to lead a life of dignity and Article 26 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 Article 27 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 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 Everyone has the right of access to a free placement service. Article 30 Every worker has the right to protection against unjustified dismissal, in accordance with Article 31 1. Every worker has the right to working conditions which respect his or her health, safety and dignity. Article 32 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. Article 33 1. The family shall enjoy legal, economic and social protection. Article 34 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 procedures laid down by Community law and national laws and practices. Article 35 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 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 A high level of environmental protection and the improvement of the quality of the environment must be integrated into the polices of the Union and ensured in accordance with the principle of sustainable development. Article 38 Union policies shall ensure a high level of consumer protection. Chapter V - Citizen's Rights Article 39 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. Article 40 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 1. Every person has the right to have his or her affairs handled impartially, fairly and within a
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. Article 42 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 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 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 1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States. Article 46 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 Article 47 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. Article 48 1. Everyone who has been charged shall be presumed innocent until proved guilty according to law. Article 49 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. Article 50 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 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 Dromote the application thereof in accordance with their respective powers.
Article 52 Scope of guaranteed rights 1. Any limitation on the exercise of the rights and freedoms recognised by dits 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 recognized by the Union or the need to protect the rights and freedoms of others. 2. Rights recogrilsed by this Charter which are based on the Community Treaties or the Treaty on European Union shau be exercised under the conditions and within the limits defined by those Treaties. 3. Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Funda,.,nental 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 fondamental 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 almed 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. |
Charter
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