https://defensewiki.ibj.org/api.php?action=feedcontributions&user=Cmattesich&feedformat=atomCriminal Defense Wiki - User contributions [en]2024-03-19T04:59:38ZUser contributionsMediaWiki 1.34.1https://defensewiki.ibj.org/index.php?title=Mexico&diff=7380Mexico2010-11-19T15:53:25Z<p>Cmattesich: </p>
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<div>{{Languages|Mexico}}<br />
<!-- TODAY'S FEATURED ARTICLE; DID YOU KNOW --><br />
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Mexico is a federal republic which has three levels of government: federal, local (state) and municipal. There are also three levels of criminal systems. The federal system governs certain crimes, including “crimes against the health”, or narcotics, all other crimes where the victim is the federal government, and other crimes established in special laws, such as fiscal crimes. There are 32 different local systems, one for every state. The municipal systems only govern minor infractions, felonies, and others. There are also three different jail systems. All municipalities have a smaller jail in the police departments and some municipalities have CERESO's (Centro de Readaptacion Social, Center for Social re Adaptation). The states have the well-known CERESOs. Lastly, the federation has CEFERESOs (Centro Federal de readaptacion social) These are, typically, jails of maximum security.<br />
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All the jails of Mexico have are overcrowded. Some of those, as in the case of municipal CERESO of Juarez, Chihuahua, is as much as 200% capacity. Typically, the jails are overpopulated by 30%. Some jails, like the ones of Mexico, D.F. have up to 10 detainees in a room meant for 4 people. These prisonders have to pay cash in exchange for a space to sleep or, if do not have money, are forced to sleep along the walls. All things in jail can be bought for a price. For example, one can purchase 5 minutes in a restroom (community), cigars, a pillow, etc. Of the prison population, 40% are non-yet-sentenced detainees. For the above reasons, Mexican jails have been named “crime schools” or “crime university”.<br />
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In order to address these problems, there is currently a “criminal reform” in progress that moves the criminal justice system from an inquisitor-accusatory to a 90% accusatory system. This reform, known as the “2008 reform” (started in the Federal Constitution in June 2008) is slated to take 8 years to complete. Some progress has been made in the state of Chihuahua, where there is a 100% implementation rate. For more information, see http://www.juiciosorales.com/avances.htm <br />
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However, most of the people do not like the idea of "criminals" in the streets and want to see them in jail so the “contrarreforma” (back reform) is currently underway, and thus the system is in reality back to the preventative prison. It seems that the social pressure is too much for the government. (See Chihuahua as example: in October-November it was included in the criminal code the “cadena perpetua” jail for whole life).<br />
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*Mexico has a current prison population of 224,74 or 204 prisoners for every 100,000 citizens.<br />
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<!-- IN THE NEWS; ON THIS DAY --><br />
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== Codes ==<br />
*[http://www.ordenjuridico.gob.mx Codes of Mexico]<br />
*[http://www.stj.gob.mx/biblioteca/legislacion.php Codes of Chihuahua]<br />
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== Legal Training Resource Center ==<br />
[http://elearning.ibj.org eLearning Courses for lawyers]<br />
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__NOTOC__</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Standards_of_Proof&diff=7163Standards of Proof2010-11-17T10:37:34Z<p>Cmattesich: /* Proof Beyond a Reasonable Doubt */</p>
<hr />
<div>=Background=<br />
<br />
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.<br />
<br />
Burdens are allocated in shift risk of error from one party to the other. <br />
<br />
==Types of Burdens==<br />
A criminal defense attorney should keep in mind that there are generally two kinds of burdens in a criminal trial: burdens of production and burdens of proof or persuasion.<br />
<br />
The burden of proof or persuasion is the burden of convincing a factfinder that a given factual claim is true or false to a given degree of probability. <br />
<br />
In contrast, the burden of production, requires the prosecution or defense lawyer to produce some quantum of evidence in order to raise an issue before the fact finder.<br />
<br />
=Various Standards of Proof=<br />
<br />
[[File:standardsofproof.jpg]]<br />
<br />
==Scintilla==<br />
<br />
A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.<br />
<br />
==Air of Reality==<br />
In a criminal trial, a defendant may be required to provide evidence sufficient to raise an issue -- such as the defendant's sanity at the time of alleged offense -- at trial. However, typically courts will require some evidence before they will permit the issue to be raised a trial. Typically, this quantum is more than a scintilla, but something less than reasonable suspicion. Some courts have characterized the evidentiary requirement as the "Air of Reality."<br />
<br />
==Reasonable Suspicion==<br />
Reasonable suspicion is the standard required before a police officer may stop and question or frisk an individual against their will. In Terry v. Ohio <ref> ''Terry v. Ohio,'' 392 U.S. 1 (1968)</ref> the court stated that reasonable suspicion meant that the police officer:<br />
<br />
<blockquote>''...observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled (for the protection of himself and others in the area) to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be useful to assault him"''</blockquote><br />
<br />
==Probable Cause==<br />
In the United States, probable cause is the standard required to effect a constitutional arrest or issue a valid search warrant. <br />
<br />
Probable cause is an objective legal standard that balances effective law enforcement against an individual's freedom from unwarranted invasion into their privacy. Whether or not probable cause exists or not will depend all the facts.<br />
<br />
Traditionally probable cause has been determined by a "totality of the circumstances" test. In Illinois v. Gates <ref> Illinois v. Gates, 462 U.S. 213 (1983)</ref>, a case involving probable cause based on an informant the court phrased the magistrate's task this way:<br />
<br />
<blockquote>''The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of the reviewing court is simply to ensure that the magistrate has a "substantial basis for ... conclud[ing] that probable cause existed.''</blockquote><br />
<br />
==Preponderance of the Evidence==<br />
Preponderance of the evidence, the standard used in civil cases in the United States and in criminal cases in some countries, is the standard of proof that requires the bearer show that the evidence shows a fact is more likely than not to have occurred. The standard is satisfied by a showing that the likelihood of occurrence is more than 50 percent.<br />
<br />
==Clear and Convincing Evidence==<br />
Clear and convincing evidence is a standard employed in both criminal and civil courts. It is higher than the preponderance standard and yet falls short of proof beyond a reasonable doubt. Clear and convincing evidence is the standard used by the United States Supreme Court in Calderon v. Thompson, <Ref>Calderon v. Thompson, 523 U.S. 538 (1998)</ref> where they concluded that a defendant who has been convicted but alleges factual innocence in a habeas motion must demonstrate by clear and convincing evidence that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence”. Other courts have concluded that the standard requires the proof that a fact is substantially more likely than not to be true.<br />
<br />
==Proof Beyond a Reasonable Doubt==<br />
Proof Beyond a Reasonable Doubt is the standard required in the United States for conviction of a criminal charge. The standard is generally not quantifiable as a percentage probability. The exact formulation of reasonable doubt has never been determined.<br />
<br />
Chief Justice Shaw of the Massachusetts Supreme Judicial Court made this observation about the reasonable doubt standard in 1850:<br />
<br />
<Blockquote>"[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal. For it is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth of the fact to a reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. This we take to be proof beyond reasonable doubt." <ref>Commonwealth v. Webster, 59 Mass. 295, 320 (1850)</ref> </blockquote><br />
<br />
In the U.S. Supreme Court case of Victor v. Nebraska <ref>Victor v. Nebraska, 511 U.S. 1 (1994)</ref>, the court held a similar jury instruction on reasonable doubt unconstitutional:<br />
<br />
<blockquote>" `[A reasonable doubt] is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. '''It must be such doubt as would give rise to a grave uncertainty''', raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. '''It is an actual substantial doubt.''' It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a '''moral certainty'''.' " </blockquote><br />
<br />
The court held that the portions of the instruction in '''bold''' rendered it unconstitutional. The court has never fully approved an instruction.<br />
<br />
==Proof Beyond a Shadow of a Doubt==<br />
Proof Beyond a Shadow of a Doubt is rarely recognized as a legal standard because it presents a standard that may be legally impossible to achieve.<br />
----<br />
See [[Defenses]]<br />
<br />
=Notes=<br />
<references/></div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Standards_of_Proof&diff=7160Standards of Proof2010-11-17T10:23:52Z<p>Cmattesich: /* Clear and Convincing Evidence */</p>
<hr />
<div>=Background=<br />
<br />
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.<br />
<br />
Burdens are allocated in shift risk of error from one party to the other. <br />
<br />
==Types of Burdens==<br />
A criminal defense attorney should keep in mind that there are generally two kinds of burdens in a criminal trial: burdens of production and burdens of proof or persuasion.<br />
<br />
The burden of proof or persuasion is the burden of convincing a factfinder that a given factual claim is true or false to a given degree of probability. <br />
<br />
In contrast, the burden of production, requires the prosecution or defense lawyer to produce some quantum of evidence in order to raise an issue before the fact finder.<br />
<br />
=Various Standards of Proof=<br />
<br />
[[File:standardsofproof.jpg]]<br />
<br />
==Scintilla==<br />
<br />
A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.<br />
<br />
==Air of Reality==<br />
In a criminal trial, a defendant may be required to provide evidence sufficient to raise an issue -- such as the defendant's sanity at the time of alleged offense -- at trial. However, typically courts will require some evidence before they will permit the issue to be raised a trial. Typically, this quantum is more than a scintilla, but something less than reasonable suspicion. Some courts have characterized the evidentiary requirement as the "Air of Reality."<br />
<br />
==Reasonable Suspicion==<br />
Reasonable suspicion is the standard required before a police officer may stop and question or frisk an individual against their will. In Terry v. Ohio <ref> ''Terry v. Ohio,'' 392 U.S. 1 (1968)</ref> the court stated that reasonable suspicion meant that the police officer:<br />
<br />
<blockquote>''...observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled (for the protection of himself and others in the area) to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be useful to assault him"''</blockquote><br />
<br />
==Probable Cause==<br />
In the United States, probable cause is the standard required to effect a constitutional arrest or issue a valid search warrant. <br />
<br />
Probable cause is an objective legal standard that balances effective law enforcement against an individual's freedom from unwarranted invasion into their privacy. Whether or not probable cause exists or not will depend all the facts.<br />
<br />
Traditionally probable cause has been determined by a "totality of the circumstances" test. In Illinois v. Gates <ref> Illinois v. Gates, 462 U.S. 213 (1983)</ref>, a case involving probable cause based on an informant the court phrased the magistrate's task this way:<br />
<br />
<blockquote>''The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of the reviewing court is simply to ensure that the magistrate has a "substantial basis for ... conclud[ing] that probable cause existed.''</blockquote><br />
<br />
==Preponderance of the Evidence==<br />
Preponderance of the evidence, the standard used in civil cases in the United States and in criminal cases in some countries, is the standard of proof that requires the bearer show that the evidence shows a fact is more likely than not to have occurred. The standard is satisfied by a showing that the likelihood of occurrence is more than 50 percent.<br />
<br />
==Clear and Convincing Evidence==<br />
Clear and convincing evidence is a standard employed in both criminal and civil courts. It is higher than the preponderance standard and yet falls short of proof beyond a reasonable doubt. Clear and convincing evidence is the standard used by the United States Supreme Court in Calderon v. Thompson, <Ref>Calderon v. Thompson, 523 U.S. 538 (1998)</ref> where they concluded that a defendant who has been convicted but alleges factual innocence in a habeas motion must demonstrate by clear and convincing evidence that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence”. Other courts have concluded that the standard requires the proof that a fact is substantially more likely than not to be true.<br />
<br />
==Proof Beyond a Reasonable Doubt==<br />
Proof Beyond a Reasonable Doubt is the standard required in the United States for conviction of a criminal charge. The standard is generally not quantifiable as a percentage probability. The exact formulation of reasonable doubt has never been determined.<br />
<br />
Chief Justice Shaw of the Massachusetts Supreme Judicial Court made this observation about the reasonable doubt standard in 1850:<br />
<br />
<Blockquote>"[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of allthe evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal. For it is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth of the fact to a reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. This we take to be proof beyond reasonable doubt." <ref>Commonwealth v. Webster, 59 Mass. 295, 320 (1850)</ref> </blockquote><br />
<br />
In the U.S. Supreme Court case of Victor v. Nebraska <ref>Victor v. Nebraska, 511 U.S. 1 (1994)</ref>, the court held a similar jury instruction on reasonable doubt unconstitutional:<br />
<br />
<blockquote>" `[A reasonable doubt] is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. '''It must be such doubt as would give rise to a grave uncertainty''', raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. '''It is an actual substantial doubt.''' It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a '''moral certainty'''.' " </blockquote><br />
<br />
The court held that the portions of the instruction in '''bold''' rendered it unconstitutional. The court has never fully approved an instruction.<br />
<br />
==Proof Beyond a Shadow of a Doubt==<br />
Proof Beyond a Shadow of a Doubt is rarely recognized as a legal standard because it presents a standard that may be legally impossible to achieve.<br />
----<br />
See [[Defenses]]<br />
<br />
=Notes=<br />
<references/></div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Standards_of_Proof&diff=7159Standards of Proof2010-11-17T10:22:56Z<p>Cmattesich: /* Preponderance of the Evidence */</p>
<hr />
<div>=Background=<br />
<br />
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.<br />
<br />
Burdens are allocated in shift risk of error from one party to the other. <br />
<br />
==Types of Burdens==<br />
A criminal defense attorney should keep in mind that there are generally two kinds of burdens in a criminal trial: burdens of production and burdens of proof or persuasion.<br />
<br />
The burden of proof or persuasion is the burden of convincing a factfinder that a given factual claim is true or false to a given degree of probability. <br />
<br />
In contrast, the burden of production, requires the prosecution or defense lawyer to produce some quantum of evidence in order to raise an issue before the fact finder.<br />
<br />
=Various Standards of Proof=<br />
<br />
[[File:standardsofproof.jpg]]<br />
<br />
==Scintilla==<br />
<br />
A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.<br />
<br />
==Air of Reality==<br />
In a criminal trial, a defendant may be required to provide evidence sufficient to raise an issue -- such as the defendant's sanity at the time of alleged offense -- at trial. However, typically courts will require some evidence before they will permit the issue to be raised a trial. Typically, this quantum is more than a scintilla, but something less than reasonable suspicion. Some courts have characterized the evidentiary requirement as the "Air of Reality."<br />
<br />
==Reasonable Suspicion==<br />
Reasonable suspicion is the standard required before a police officer may stop and question or frisk an individual against their will. In Terry v. Ohio <ref> ''Terry v. Ohio,'' 392 U.S. 1 (1968)</ref> the court stated that reasonable suspicion meant that the police officer:<br />
<br />
<blockquote>''...observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled (for the protection of himself and others in the area) to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be useful to assault him"''</blockquote><br />
<br />
==Probable Cause==<br />
In the United States, probable cause is the standard required to effect a constitutional arrest or issue a valid search warrant. <br />
<br />
Probable cause is an objective legal standard that balances effective law enforcement against an individual's freedom from unwarranted invasion into their privacy. Whether or not probable cause exists or not will depend all the facts.<br />
<br />
Traditionally probable cause has been determined by a "totality of the circumstances" test. In Illinois v. Gates <ref> Illinois v. Gates, 462 U.S. 213 (1983)</ref>, a case involving probable cause based on an informant the court phrased the magistrate's task this way:<br />
<br />
<blockquote>''The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of the reviewing court is simply to ensure that the magistrate has a "substantial basis for ... conclud[ing] that probable cause existed.''</blockquote><br />
<br />
==Preponderance of the Evidence==<br />
Preponderance of the evidence, the standard used in civil cases in the United States and in criminal cases in some countries, is the standard of proof that requires the bearer show that the evidence shows a fact is more likely than not to have occurred. The standard is satisfied by a showing that the likelihood of occurrence is more than 50 percent.<br />
<br />
==Clear and Convincing Evidence==<br />
Clear and Convincing Evidence is a standard employed in both criminal and civil courts. It is higher than the Preponderance standard and yet falls short of Proof Beyond a Reasonable Doubt. Clear and Convincing Evidence is the standard used by the United States Supreme Court in Calderon v. Thompson, <Ref>Calderon v. Thompson, 523 U.S. 538 (1998)</ref> where they concluded that a defendant who has been convicted but alleges factual innocence in a habeas motion must demonstrate by Clear and Convinving Evidence that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence”. Other courts have concluded that the standard requires the proof that a fact is substantially more likely than not to be true.<br />
<br />
==Proof Beyond a Reasonable Doubt==<br />
Proof Beyond a Reasonable Doubt is the standard required in the United States for conviction of a criminal charge. The standard is generally not quantifiable as a percentage probability. The exact formulation of reasonable doubt has never been determined.<br />
<br />
Chief Justice Shaw of the Massachusetts Supreme Judicial Court made this observation about the reasonable doubt standard in 1850:<br />
<br />
<Blockquote>"[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of allthe evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal. For it is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth of the fact to a reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. This we take to be proof beyond reasonable doubt." <ref>Commonwealth v. Webster, 59 Mass. 295, 320 (1850)</ref> </blockquote><br />
<br />
In the U.S. Supreme Court case of Victor v. Nebraska <ref>Victor v. Nebraska, 511 U.S. 1 (1994)</ref>, the court held a similar jury instruction on reasonable doubt unconstitutional:<br />
<br />
<blockquote>" `[A reasonable doubt] is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. '''It must be such doubt as would give rise to a grave uncertainty''', raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. '''It is an actual substantial doubt.''' It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a '''moral certainty'''.' " </blockquote><br />
<br />
The court held that the portions of the instruction in '''bold''' rendered it unconstitutional. The court has never fully approved an instruction.<br />
<br />
==Proof Beyond a Shadow of a Doubt==<br />
Proof Beyond a Shadow of a Doubt is rarely recognized as a legal standard because it presents a standard that may be legally impossible to achieve.<br />
----<br />
See [[Defenses]]<br />
<br />
=Notes=<br />
<references/></div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Standards_of_Proof&diff=7156Standards of Proof2010-11-17T10:05:45Z<p>Cmattesich: /* Probable Cause */</p>
<hr />
<div>=Background=<br />
<br />
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.<br />
<br />
Burdens are allocated in shift risk of error from one party to the other. <br />
<br />
==Types of Burdens==<br />
A criminal defense attorney should keep in mind that there are generally two kinds of burdens in a criminal trial: burdens of production and burdens of proof or persuasion.<br />
<br />
The burden of proof or persuasion is the burden of convincing a factfinder that a given factual claim is true or false to a given degree of probability. <br />
<br />
In contrast, the burden of production, requires the prosecution or defense lawyer to produce some quantum of evidence in order to raise an issue before the fact finder.<br />
<br />
=Various Standards of Proof=<br />
<br />
[[File:standardsofproof.jpg]]<br />
<br />
==Scintilla==<br />
<br />
A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.<br />
<br />
==Air of Reality==<br />
In a criminal trial, a defendant may be required to provide evidence sufficient to raise an issue -- such as the defendant's sanity at the time of alleged offense -- at trial. However, typically courts will require some evidence before they will permit the issue to be raised a trial. Typically, this quantum is more than a scintilla, but something less than reasonable suspicion. Some courts have characterized the evidentiary requirement as the "Air of Reality."<br />
<br />
==Reasonable Suspicion==<br />
Reasonable suspicion is the standard required before a police officer may stop and question or frisk an individual against their will. In Terry v. Ohio <ref> ''Terry v. Ohio,'' 392 U.S. 1 (1968)</ref> the court stated that reasonable suspicion meant that the police officer:<br />
<br />
<blockquote>''...observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled (for the protection of himself and others in the area) to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be useful to assault him"''</blockquote><br />
<br />
==Probable Cause==<br />
In the United States, probable cause is the standard required to effect a constitutional arrest or issue a valid search warrant. <br />
<br />
Probable cause is an objective legal standard that balances effective law enforcement against an individual's freedom from unwarranted invasion into their privacy. Whether or not probable cause exists or not will depend all the facts.<br />
<br />
Traditionally probable cause has been determined by a "totality of the circumstances" test. In Illinois v. Gates <ref> Illinois v. Gates, 462 U.S. 213 (1983)</ref>, a case involving probable cause based on an informant the court phrased the magistrate's task this way:<br />
<br />
<blockquote>''The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of the reviewing court is simply to ensure that the magistrate has a "substantial basis for ... conclud[ing] that probable cause existed.''</blockquote><br />
<br />
==Preponderance of the Evidence==<br />
Preponderance of the Evidence, the standard used in civil cases in the United States and in criminal cases in some countries, is the standard of proof that requires the bearer show that the evidence shows a fact is more likely than not to have occured. The standard is satisfied by a showing that the likelihood of occurance is more than 50 percent.<br />
<br />
==Clear and Convincing Evidence==<br />
Clear and Convincing Evidence is a standard employed in both criminal and civil courts. It is higher than the Preponderance standard and yet falls short of Proof Beyond a Reasonable Doubt. Clear and Convincing Evidence is the standard used by the United States Supreme Court in Calderon v. Thompson, <Ref>Calderon v. Thompson, 523 U.S. 538 (1998)</ref> where they concluded that a defendant who has been convicted but alleges factual innocence in a habeas motion must demonstrate by Clear and Convinving Evidence that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence”. Other courts have concluded that the standard requires the proof that a fact is substantially more likely than not to be true.<br />
<br />
==Proof Beyond a Reasonable Doubt==<br />
Proof Beyond a Reasonable Doubt is the standard required in the United States for conviction of a criminal charge. The standard is generally not quantifiable as a percentage probability. The exact formulation of reasonable doubt has never been determined.<br />
<br />
Chief Justice Shaw of the Massachusetts Supreme Judicial Court made this observation about the reasonable doubt standard in 1850:<br />
<br />
<Blockquote>"[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of allthe evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal. For it is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth of the fact to a reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. This we take to be proof beyond reasonable doubt." <ref>Commonwealth v. Webster, 59 Mass. 295, 320 (1850)</ref> </blockquote><br />
<br />
In the U.S. Supreme Court case of Victor v. Nebraska <ref>Victor v. Nebraska, 511 U.S. 1 (1994)</ref>, the court held a similar jury instruction on reasonable doubt unconstitutional:<br />
<br />
<blockquote>" `[A reasonable doubt] is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. '''It must be such doubt as would give rise to a grave uncertainty''', raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. '''It is an actual substantial doubt.''' It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a '''moral certainty'''.' " </blockquote><br />
<br />
The court held that the portions of the instruction in '''bold''' rendered it unconstitutional. The court has never fully approved an instruction.<br />
<br />
==Proof Beyond a Shadow of a Doubt==<br />
Proof Beyond a Shadow of a Doubt is rarely recognized as a legal standard because it presents a standard that may be legally impossible to achieve.<br />
----<br />
See [[Defenses]]<br />
<br />
=Notes=<br />
<references/></div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Standards_of_Proof&diff=7152Standards of Proof2010-11-17T09:59:47Z<p>Cmattesich: /* Reasonable Suspicion */</p>
<hr />
<div>=Background=<br />
<br />
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.<br />
<br />
Burdens are allocated in shift risk of error from one party to the other. <br />
<br />
==Types of Burdens==<br />
A criminal defense attorney should keep in mind that there are generally two kinds of burdens in a criminal trial: burdens of production and burdens of proof or persuasion.<br />
<br />
The burden of proof or persuasion is the burden of convincing a factfinder that a given factual claim is true or false to a given degree of probability. <br />
<br />
In contrast, the burden of production, requires the prosecution or defense lawyer to produce some quantum of evidence in order to raise an issue before the fact finder.<br />
<br />
=Various Standards of Proof=<br />
<br />
[[File:standardsofproof.jpg]]<br />
<br />
==Scintilla==<br />
<br />
A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.<br />
<br />
==Air of Reality==<br />
In a criminal trial, a defendant may be required to provide evidence sufficient to raise an issue -- such as the defendant's sanity at the time of alleged offense -- at trial. However, typically courts will require some evidence before they will permit the issue to be raised a trial. Typically, this quantum is more than a scintilla, but something less than reasonable suspicion. Some courts have characterized the evidentiary requirement as the "Air of Reality."<br />
<br />
==Reasonable Suspicion==<br />
Reasonable suspicion is the standard required before a police officer may stop and question or frisk an individual against their will. In Terry v. Ohio <ref> ''Terry v. Ohio,'' 392 U.S. 1 (1968)</ref> the court stated that reasonable suspicion meant that the police officer:<br />
<br />
<blockquote>''...observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled (for the protection of himself and others in the area) to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be useful to assault him"''</blockquote><br />
<br />
==Probable Cause==<br />
In the United States, Probable Cause is the standard required to effect a constitutional arrest or issue a valid search warrant. <br />
<br />
Probable Cause is an objective legal standard that balances effective law enforcement against an individual's freedom from unwarranted invasion into their privacy. Whether or not probable cause exists or not will depend all the facts.<br />
<br />
Traditionally probable cause has been determined by a "totality of the circumstances" test. In Illinois v. Gates <ref> Illinois v. Gates, 462 U.S. 213 (1983)</ref>, a case involving probable cause based on an informant the court phrased the magistrate's task this way:<br />
<br />
<blockquote>''The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of the reviewing court is simply to ensure that the magistrate has a "substantial basis for ... conclud[ing] that probable cause existed.''</blockquote><br />
<br />
==Preponderance of the Evidence==<br />
Preponderance of the Evidence, the standard used in civil cases in the United States and in criminal cases in some countries, is the standard of proof that requires the bearer show that the evidence shows a fact is more likely than not to have occured. The standard is satisfied by a showing that the likelihood of occurance is more than 50 percent.<br />
<br />
==Clear and Convincing Evidence==<br />
Clear and Convincing Evidence is a standard employed in both criminal and civil courts. It is higher than the Preponderance standard and yet falls short of Proof Beyond a Reasonable Doubt. Clear and Convincing Evidence is the standard used by the United States Supreme Court in Calderon v. Thompson, <Ref>Calderon v. Thompson, 523 U.S. 538 (1998)</ref> where they concluded that a defendant who has been convicted but alleges factual innocence in a habeas motion must demonstrate by Clear and Convinving Evidence that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence”. Other courts have concluded that the standard requires the proof that a fact is substantially more likely than not to be true.<br />
<br />
==Proof Beyond a Reasonable Doubt==<br />
Proof Beyond a Reasonable Doubt is the standard required in the United States for conviction of a criminal charge. The standard is generally not quantifiable as a percentage probability. The exact formulation of reasonable doubt has never been determined.<br />
<br />
Chief Justice Shaw of the Massachusetts Supreme Judicial Court made this observation about the reasonable doubt standard in 1850:<br />
<br />
<Blockquote>"[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of allthe evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal. For it is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth of the fact to a reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. This we take to be proof beyond reasonable doubt." <ref>Commonwealth v. Webster, 59 Mass. 295, 320 (1850)</ref> </blockquote><br />
<br />
In the U.S. Supreme Court case of Victor v. Nebraska <ref>Victor v. Nebraska, 511 U.S. 1 (1994)</ref>, the court held a similar jury instruction on reasonable doubt unconstitutional:<br />
<br />
<blockquote>" `[A reasonable doubt] is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. '''It must be such doubt as would give rise to a grave uncertainty''', raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. '''It is an actual substantial doubt.''' It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a '''moral certainty'''.' " </blockquote><br />
<br />
The court held that the portions of the instruction in '''bold''' rendered it unconstitutional. The court has never fully approved an instruction.<br />
<br />
==Proof Beyond a Shadow of a Doubt==<br />
Proof Beyond a Shadow of a Doubt is rarely recognized as a legal standard because it presents a standard that may be legally impossible to achieve.<br />
----<br />
See [[Defenses]]<br />
<br />
=Notes=<br />
<references/></div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Standards_of_Proof&diff=7150Standards of Proof2010-11-17T09:58:50Z<p>Cmattesich: /* Air of Reality */</p>
<hr />
<div>=Background=<br />
<br />
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.<br />
<br />
Burdens are allocated in shift risk of error from one party to the other. <br />
<br />
==Types of Burdens==<br />
A criminal defense attorney should keep in mind that there are generally two kinds of burdens in a criminal trial: burdens of production and burdens of proof or persuasion.<br />
<br />
The burden of proof or persuasion is the burden of convincing a factfinder that a given factual claim is true or false to a given degree of probability. <br />
<br />
In contrast, the burden of production, requires the prosecution or defense lawyer to produce some quantum of evidence in order to raise an issue before the fact finder.<br />
<br />
=Various Standards of Proof=<br />
<br />
[[File:standardsofproof.jpg]]<br />
<br />
==Scintilla==<br />
<br />
A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.<br />
<br />
==Air of Reality==<br />
In a criminal trial, a defendant may be required to provide evidence sufficient to raise an issue -- such as the defendant's sanity at the time of alleged offense -- at trial. However, typically courts will require some evidence before they will permit the issue to be raised a trial. Typically, this quantum is more than a scintilla, but something less than reasonable suspicion. Some courts have characterized the evidentiary requirement as the "Air of Reality."<br />
<br />
==Reasonable Suspicion==<br />
Reasonable suspicion is the standard required before a police officer may stop and question or frisk an individual against their will. In Terry v. Ohio <ref> Terry v. Ohio, 392 U.S. 1 (1968)</ref> the court stated that reasonable suspicion meant that the police officer:<br />
<br />
<blockquote>''...observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitlted for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be useful to assault him"''</blockquote><br />
<br />
==Probable Cause==<br />
In the United States, Probable Cause is the standard required to effect a constitutional arrest or issue a valid search warrant. <br />
<br />
Probable Cause is an objective legal standard that balances effective law enforcement against an individual's freedom from unwarranted invasion into their privacy. Whether or not probable cause exists or not will depend all the facts.<br />
<br />
Traditionally probable cause has been determined by a "totality of the circumstances" test. In Illinois v. Gates <ref> Illinois v. Gates, 462 U.S. 213 (1983)</ref>, a case involving probable cause based on an informant the court phrased the magistrate's task this way:<br />
<br />
<blockquote>''The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of the reviewing court is simply to ensure that the magistrate has a "substantial basis for ... conclud[ing] that probable cause existed.''</blockquote><br />
<br />
==Preponderance of the Evidence==<br />
Preponderance of the Evidence, the standard used in civil cases in the United States and in criminal cases in some countries, is the standard of proof that requires the bearer show that the evidence shows a fact is more likely than not to have occured. The standard is satisfied by a showing that the likelihood of occurance is more than 50 percent.<br />
<br />
==Clear and Convincing Evidence==<br />
Clear and Convincing Evidence is a standard employed in both criminal and civil courts. It is higher than the Preponderance standard and yet falls short of Proof Beyond a Reasonable Doubt. Clear and Convincing Evidence is the standard used by the United States Supreme Court in Calderon v. Thompson, <Ref>Calderon v. Thompson, 523 U.S. 538 (1998)</ref> where they concluded that a defendant who has been convicted but alleges factual innocence in a habeas motion must demonstrate by Clear and Convinving Evidence that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence”. Other courts have concluded that the standard requires the proof that a fact is substantially more likely than not to be true.<br />
<br />
==Proof Beyond a Reasonable Doubt==<br />
Proof Beyond a Reasonable Doubt is the standard required in the United States for conviction of a criminal charge. The standard is generally not quantifiable as a percentage probability. The exact formulation of reasonable doubt has never been determined.<br />
<br />
Chief Justice Shaw of the Massachusetts Supreme Judicial Court made this observation about the reasonable doubt standard in 1850:<br />
<br />
<Blockquote>"[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of allthe evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal. For it is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth of the fact to a reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. This we take to be proof beyond reasonable doubt." <ref>Commonwealth v. Webster, 59 Mass. 295, 320 (1850)</ref> </blockquote><br />
<br />
In the U.S. Supreme Court case of Victor v. Nebraska <ref>Victor v. Nebraska, 511 U.S. 1 (1994)</ref>, the court held a similar jury instruction on reasonable doubt unconstitutional:<br />
<br />
<blockquote>" `[A reasonable doubt] is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. '''It must be such doubt as would give rise to a grave uncertainty''', raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. '''It is an actual substantial doubt.''' It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a '''moral certainty'''.' " </blockquote><br />
<br />
The court held that the portions of the instruction in '''bold''' rendered it unconstitutional. The court has never fully approved an instruction.<br />
<br />
==Proof Beyond a Shadow of a Doubt==<br />
Proof Beyond a Shadow of a Doubt is rarely recognized as a legal standard because it presents a standard that may be legally impossible to achieve.<br />
----<br />
See [[Defenses]]<br />
<br />
=Notes=<br />
<references/></div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Standards_of_Proof&diff=7148Standards of Proof2010-11-17T09:58:02Z<p>Cmattesich: /* Types of Burdens */</p>
<hr />
<div>=Background=<br />
<br />
A criminal case involves shifting obligations between the prosecution and the defendant. In systems where the defendant is given the presumption of innoccence, the prosecution has the burden of proof in demonstrating the crime was committed by the defendant.<br />
<br />
Burdens are allocated in shift risk of error from one party to the other. <br />
<br />
==Types of Burdens==<br />
A criminal defense attorney should keep in mind that there are generally two kinds of burdens in a criminal trial: burdens of production and burdens of proof or persuasion.<br />
<br />
The burden of proof or persuasion is the burden of convincing a factfinder that a given factual claim is true or false to a given degree of probability. <br />
<br />
In contrast, the burden of production, requires the prosecution or defense lawyer to produce some quantum of evidence in order to raise an issue before the fact finder.<br />
<br />
=Various Standards of Proof=<br />
<br />
[[File:standardsofproof.jpg]]<br />
<br />
==Scintilla==<br />
<br />
A scintilla is the smallest amount of evidence possible. Rarely used in criminal law, scintilla is the standard used in some courts for denying the plaintiff a restraining order.<br />
<br />
==Air of Reality==<br />
In a criminal trial a defendant may be required to provide evividence sufficient to raise an issue -- such as the defendant's sanity at the time of alleged offense -- at trial. However, typically courts will require some evidence before they will permit the issue to be raised a trial. Typically, this quantum is more than a scintilla, but something less than reasonable suspicion. Some courts have characterized the evidentiary requirement as "Air of Reality."<br />
<br />
==Reasonable Suspicion==<br />
Reasonable suspicion is the standard required before a police officer may stop and question or frisk an individual against their will. In Terry v. Ohio <ref> Terry v. Ohio, 392 U.S. 1 (1968)</ref> the court stated that reasonable suspicion meant that the police officer:<br />
<br />
<blockquote>''...observed unusual conduct which lead him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries and nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitlted for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be useful to assault him"''</blockquote><br />
<br />
==Probable Cause==<br />
In the United States, Probable Cause is the standard required to effect a constitutional arrest or issue a valid search warrant. <br />
<br />
Probable Cause is an objective legal standard that balances effective law enforcement against an individual's freedom from unwarranted invasion into their privacy. Whether or not probable cause exists or not will depend all the facts.<br />
<br />
Traditionally probable cause has been determined by a "totality of the circumstances" test. In Illinois v. Gates <ref> Illinois v. Gates, 462 U.S. 213 (1983)</ref>, a case involving probable cause based on an informant the court phrased the magistrate's task this way:<br />
<br />
<blockquote>''The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of the reviewing court is simply to ensure that the magistrate has a "substantial basis for ... conclud[ing] that probable cause existed.''</blockquote><br />
<br />
==Preponderance of the Evidence==<br />
Preponderance of the Evidence, the standard used in civil cases in the United States and in criminal cases in some countries, is the standard of proof that requires the bearer show that the evidence shows a fact is more likely than not to have occured. The standard is satisfied by a showing that the likelihood of occurance is more than 50 percent.<br />
<br />
==Clear and Convincing Evidence==<br />
Clear and Convincing Evidence is a standard employed in both criminal and civil courts. It is higher than the Preponderance standard and yet falls short of Proof Beyond a Reasonable Doubt. Clear and Convincing Evidence is the standard used by the United States Supreme Court in Calderon v. Thompson, <Ref>Calderon v. Thompson, 523 U.S. 538 (1998)</ref> where they concluded that a defendant who has been convicted but alleges factual innocence in a habeas motion must demonstrate by Clear and Convinving Evidence that “it is more likely than not that no reasonable juror would have convicted him in light of the new evidence”. Other courts have concluded that the standard requires the proof that a fact is substantially more likely than not to be true.<br />
<br />
==Proof Beyond a Reasonable Doubt==<br />
Proof Beyond a Reasonable Doubt is the standard required in the United States for conviction of a criminal charge. The standard is generally not quantifiable as a percentage probability. The exact formulation of reasonable doubt has never been determined.<br />
<br />
Chief Justice Shaw of the Massachusetts Supreme Judicial Court made this observation about the reasonable doubt standard in 1850:<br />
<br />
<Blockquote>"[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of allthe evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of innocence; and every person is presumed to be innocent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal. For it is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth of the fact to a reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. This we take to be proof beyond reasonable doubt." <ref>Commonwealth v. Webster, 59 Mass. 295, 320 (1850)</ref> </blockquote><br />
<br />
In the U.S. Supreme Court case of Victor v. Nebraska <ref>Victor v. Nebraska, 511 U.S. 1 (1994)</ref>, the court held a similar jury instruction on reasonable doubt unconstitutional:<br />
<br />
<blockquote>" `[A reasonable doubt] is one that is founded upon a real tangible substantial basis and not upon mere caprice and conjecture. '''It must be such doubt as would give rise to a grave uncertainty''', raised in your mind by reasons of the unsatisfactory character of the evidence or lack thereof. A reasonable doubt is not a mere possible doubt. '''It is an actual substantial doubt.''' It is a doubt that a reasonable man can seriously entertain. What is required is not an absolute or mathematical certainty, but a '''moral certainty'''.' " </blockquote><br />
<br />
The court held that the portions of the instruction in '''bold''' rendered it unconstitutional. The court has never fully approved an instruction.<br />
<br />
==Proof Beyond a Shadow of a Doubt==<br />
Proof Beyond a Shadow of a Doubt is rarely recognized as a legal standard because it presents a standard that may be legally impossible to achieve.<br />
----<br />
See [[Defenses]]<br />
<br />
=Notes=<br />
<references/></div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=United_Nations_Convention_on_the_Rights_of_the_Child&diff=6829United Nations Convention on the Rights of the Child2010-11-10T15:39:12Z<p>Cmattesich: </p>
<hr />
<div>'''Convention on the Rights of the Child'''<br />
<br />
<br />
Adopted and opened for signature, ratification and accession by General Assembly<br />
resolution 44/25 of 20 November 1989<br />
entry into force 2 September 1990, in accordance with article 49<br />
<br />
Preamble<br />
The States Parties to the present Convention,<br />
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,<br />
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human<br />
family is the foundation of freedom, justice and peace in the world,<br />
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in<br />
fundamental human rights and in the dignity and worth of the human person, and have determined to<br />
promote social progress and better standards of life in larger freedom,<br />
Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the<br />
International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the<br />
rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex,<br />
language, religion, political or other opinion, national or social origin, property, birth or other status,<br />
Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that<br />
childhood is entitled to special care and assistance,<br />
Convinced that the family, as the fundamental group of society and the natural environment for the<br />
growth and well-being of all its members and particularly children, should be afforded the necessary<br />
protection and assistance so that it can fully assume its responsibilities within the community,<br />
Recognizing that the child, for the full and harmonious development of his or her personality, should<br />
grow up in a family environment, in an atmosphere of happiness, love and understanding,<br />
Considering that the child should be fully prepared to live an individual life in society, and brought up<br />
in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit<br />
of peace, dignity, tolerance, freedom, equality and solidarity,<br />
Bearing in mind that the need to extend particular care to the child has been stated in the Geneva<br />
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted<br />
by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human<br />
Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in<br />
the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in<br />
the statutes and relevant instruments of specialized agencies and international organizations<br />
concerned with the welfare of children,<br />
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of<br />
his physical and mental immaturity, needs special safeguards and care, including appropriate legal<br />
protection, before as well as after birth",<br />
Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and<br />
Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and<br />
Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice<br />
(The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and<br />
Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally<br />
difficult conditions, and that such children need special consideration,<br />
2<br />
Taking due account of the importance of the traditions and cultural values of each people for the<br />
protection and harmonious development of the child, Recognizing the importance of international cooperation<br />
for improving the living conditions of children in every country, in particular in the<br />
developing countries,<br />
Have agreed as follows:<br />
'''<br />
PART I<br />
<br />
Article 1'''<br />
For the purposes of the present Convention, a child means every human being below the age of<br />
eighteen years unless under the law applicable to the child, majority is attained earlier.<br />
<br />
'''Article 2'''<br />
<br />
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child<br />
within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her<br />
parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national,<br />
ethnic or social origin, property, disability, birth or other status.<br />
<br />
2. States Parties shall take all appropriate measures to ensure that the child is protected against all<br />
forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or<br />
beliefs of the child's parents, legal guardians, or family members.<br />
<br />
'''Article 3'''<br />
<br />
1. In all actions concerning children, whether undertaken by public or private social welfare<br />
institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child<br />
shall be a primary consideration.<br />
<br />
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her<br />
well-being, taking into account the rights and duties of his or her parents, legal guardians, or other<br />
individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and<br />
administrative measures.<br />
<br />
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or<br />
protection of children shall conform with the standards established by competent authorities,<br />
particularly in the areas of safety, health, in the number and suitability of their staff, as well as<br />
competent supervision.<br />
<br />
'''Article 4'''<br />
<br />
States Parties shall undertake all appropriate legislative, administrative, and other measures for the<br />
implementation of the rights recognized in the present Convention. With regard to economic, social<br />
and cultural rights, States Parties shall undertake such measures to the maximum extent of their<br />
available resources and, where needed, within the framework of international co-operation.<br />
<br />
'''Article 5'''<br />
<br />
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the<br />
members of the extended family or community as provided for by local custom, legal guardians or<br />
other persons legally responsible for the child, to provide, in a manner consistent with the evolving<br />
capacities of the child, appropriate direction and guidance in the exercise by the child of the rights<br />
recognized in the present Convention.<br />
<br />
'''Article 6'''<br />
<br />
<br />
1. States Parties recognize that every child has the inherent right to life. <br />
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.<br />
'''<br />
Article 7'''<br />
1. The child shall be registered immediately after birth and shall have the right from birth to a name,<br />
the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or<br />
her parents.<br />
2. States Parties shall ensure the implementation of these rights in accordance with their national law<br />
and their obligations under the relevant international instruments in this field, in particular where the<br />
child would otherwise be stateless.<br />
<br />
'''Article 8'''<br />
1. States Parties undertake to respect the right of the child to preserve his or her identity, including<br />
nationality, name and family relations as recognized by law without unlawful interference.<br />
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties<br />
shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her<br />
identity.<br />
<br />
'''Article 9'''<br />
1. States Parties shall ensure that a child shall not be separated from his or her parents against their<br />
will, except when competent authorities subject to judicial review determine, in accordance with<br />
applicable law and procedures, that such separation is necessary for the best interests of the child.<br />
Such determination may be necessary in a particular case such as one involving abuse or neglect of<br />
the child by the parents, or one where the parents are living separately and a decision must be made<br />
as to the child's place of residence.<br />
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be<br />
given an opportunity to participate in the proceedings and make their views known.<br />
3. States Parties shall respect the right of the child who is separated from one or both parents to<br />
maintain personal relations and direct contact with both parents on a regular basis, except if it is<br />
contrary to the child's best interests.<br />
4. Where such separation results from any action initiated by a State Party, such as the detention,<br />
imprisonment, exile, deportation or death (including death arising from any cause while the person is<br />
in the custody of the State) of one or both parents or of the child, that State Party shall, upon request,<br />
provide the parents, the child or, if appropriate, another member of the family with the essential<br />
information concerning the whereabouts of the absent member(s) of the family unless the provision of<br />
the information would be detrimental to the well-being of the child. States Parties shall further ensure<br />
that the submission of such a request shall of itself entail no adverse consequences for the person(s)<br />
concerned.<br />
<br />
'''Article 10'''<br />
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a<br />
child or his or her parents to enter or leave a State Party for the purpose of family reunification shall<br />
be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall<br />
further ensure that the submission of such a request shall entail no adverse consequences for the<br />
applicants and for the members of their family.<br />
2. A child whose parents reside in different States shall have the right to maintain on a regular basis,<br />
save in exceptional circumstances personal relations and direct contacts with both parents. Towards<br />
that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States<br />
Parties shall respect the right of the child and his or her parents to leave any country, including their<br />
4<br />
own, and to enter their own country. The right to leave any country shall be subject only to such<br />
restrictions as are prescribed by law and which are necessary to protect the national security, public<br />
order (ordre public), public health or morals or the rights and freedoms of others and are consistent<br />
with the other rights recognized in the present Convention.<br />
<br />
'''Article 11'''<br />
1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.<br />
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or<br />
accession to existing agreements.<br />
<br />
'''Article 12'''<br />
1. States Parties shall assure to the child who is capable of forming his or her own views the right to<br />
express those views freely in all matters affecting the child, the views of the child being given due<br />
weight in accordance with the age and maturity of the child.<br />
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial<br />
and administrative proceedings affecting the child, either directly, or through a representative or an<br />
appropriate body, in a manner consistent with the procedural rules of national law.<br />
<br />
'''Article 13'''<br />
1. The child shall have the right to freedom of expression; this right shall include freedom to seek,<br />
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or<br />
in print, in the form of art, or through any other media of the child's choice.<br />
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are<br />
provided by law and are necessary:<br />
(a) For respect of the rights or reputations of others; or<br />
(b) For the protection of national security or of public order (ordre public), or of public health or<br />
morals.<br />
'''<br />
Article 14'''<br />
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.<br />
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal<br />
guardians, to provide direction to the child in the exercise of his or her right in a manner consistent<br />
with the evolving capacities of the child.<br />
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are<br />
prescribed by law and are necessary to protect public safety, order, health or morals, or the<br />
fundamental rights and freedoms of others.<br />
<br />
'''Article 15'''<br />
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful<br />
assembly.<br />
2. No restrictions may be placed on the exercise of these rights other than those imposed in<br />
conformity with the law and which are necessary in a democratic society in the interests of national<br />
security or public safety, public order (ordre public), the protection of public health or morals or the<br />
protection of the rights and freedoms of others.<br />
<br />
'''Article 16'''<br />
5<br />
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home<br />
or correspondence, nor to unlawful attacks on his or her honour and reputation.<br />
2. The child has the right to the protection of the law against such interference or attacks.<br />
<br />
'''Article 17'''<br />
States Parties recognize the important function performed by the mass media and shall ensure that the<br />
child has access to information and material from a diversity of national and international sources,<br />
especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical<br />
and mental health.<br />
To this end, States Parties shall:<br />
(a) Encourage the mass media to disseminate information and material of social and cultural benefit to<br />
the child and in accordance with the spirit of article 29;<br />
(b) Encourage international co-operation in the production, exchange and dissemination of such<br />
information and material from a diversity of cultural, national and international sources;<br />
(c) Encourage the production and dissemination of children's books;<br />
(d) Encourage the mass media to have particular regard to the linguistic needs of the child who<br />
belongs to a minority group or who is indigenous;<br />
(e) Encourage the development of appropriate guidelines for the protection of the child from<br />
information and material injurious to his or her well-being, bearing in mind the provisions of articles 13<br />
and 18.<br />
<br />
'''Article 18'''<br />
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents<br />
have common responsibilities for the upbringing and development of the child. Parents or, as the case<br />
may be, legal guardians, have the primary responsibility for the upbringing and development of the<br />
child. The best interests of the child will be their basic concern.<br />
2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention,<br />
States Parties shall render appropriate assistance to parents and legal guardians in the performance of<br />
their child-rearing responsibilities and shall ensure the development of institutions, facilities and<br />
services for the care of children.<br />
3. States Parties shall take all appropriate measures to ensure that children of working parents have<br />
the right to benefit from child-care services and facilities for which they are eligible.<br />
'''<br />
Article 19'''<br />
1. States Parties shall take all appropriate legislative, administrative, social and educational measures<br />
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent<br />
treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal<br />
guardian(s) or any other person who has the care of the child.<br />
2. Such protective measures should, as appropriate, include effective procedures for the establishment<br />
of social programmes to provide necessary support for the child and for those who have the care of the<br />
child, as well as for other forms of prevention and for identification, reporting, referral, investigation,<br />
treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,<br />
for judicial involvement.<br />
<br />
'''Article 20'''<br />
6<br />
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best<br />
interests cannot be allowed to remain in that environment, shall be entitled to special protection and<br />
assistance provided by the State.<br />
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.<br />
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary<br />
placement in suitable institutions for the care of children. When considering solutions, due regard shall<br />
be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious,<br />
cultural and linguistic background.<br />
<br />
'''Article 21'''<br />
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests<br />
of the child shall be the paramount consideration and they shall:<br />
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in<br />
accordance with applicable law and procedures and on the basis of all pertinent and reliable<br />
information, that the adoption is permissible in view of the child's status concerning parents, relatives<br />
and legal guardians and that, if required, the persons concerned have given their informed consent to<br />
the adoption on the basis of such counselling as may be necessary;<br />
(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if<br />
the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared<br />
for in the child's country of origin;<br />
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards<br />
equivalent to those existing in the case of national adoption;<br />
(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not<br />
result in improper financial gain for those involved in it;<br />
(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or<br />
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the<br />
placement of the child in another country is carried out by competent authorities or organs.<br />
<br />
'''Article 22'''<br />
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status<br />
or who is considered a refugee in accordance with applicable international or domestic law and<br />
procedures shall, whether unaccompanied or accompanied by his or her parents or by any other<br />
person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable<br />
rights set forth in the present Convention and in other international human rights or humanitarian<br />
instruments to which the said States are Parties.<br />
2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any<br />
efforts by the United Nations and other competent intergovernmental organizations or nongovernmental<br />
organizations co-operating with the United Nations to protect and assist such a child and<br />
to trace the parents or other members of the family of any refugee child in order to obtain information<br />
necessary for reunification with his or her family. In cases where no parents or other members of the<br />
family can be found, the child shall be accorded the same protection as any other child permanently or<br />
temporarily deprived of his or her family environment for any reason , as set forth in the present<br />
Convention.<br />
<br />
'''Article 23'''<br />
7<br />
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent<br />
life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active<br />
participation in the community.<br />
2. States Parties recognize the right of the disabled child to special care and shall encourage and<br />
ensure the extension, subject to available resources, to the eligible child and those responsible for his<br />
or her care, of assistance for which application is made and which is appropriate to the child's condition<br />
and to the circumstances of the parents or others caring for the child.<br />
3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph<br />
2 of the present article shall be provided free of charge, whenever possible, taking into account the<br />
financial resources of the parents or others caring for the child, and shall be designed to ensure that<br />
the disabled child has effective access to and receives education, training, health care services,<br />
rehabilitation services, preparation for employment and recreation opportunities in a manner conducive<br />
to the child's achieving the fullest possible social integration and individual development, including his<br />
or her cultural and spiritual development<br />
4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate<br />
information in the field of preventive health care and of medical, psychological and functional<br />
treatment of disabled children, including dissemination of and access to information concerning<br />
methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to<br />
improve their capabilities and skills and to widen their experience in these areas. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
<br />
'''Article 24'''<br />
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of<br />
health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall<br />
strive to ensure that no child is deprived of his or her right of access to such health care services.<br />
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate<br />
measures:<br />
(a) To diminish infant and child mortality;<br />
(b) To ensure the provision of necessary medical assistance and health care to all children with<br />
emphasis on the development of primary health care;<br />
(c) To combat disease and malnutrition, including within the framework of primary health care,<br />
through, inter alia, the application of readily available technology and through the provision of<br />
adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of<br />
environmental pollution;<br />
(d) To ensure appropriate pre-natal and post-natal health care for mothers;<br />
(e) To ensure that all segments of society, in particular parents and children, are informed, have<br />
access to education and are supported in the use of basic knowledge of child health and nutrition, the<br />
advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;<br />
(f) To develop preventive health care, guidance for parents and family planning education and<br />
services.<br />
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional<br />
practices prejudicial to the health of children.<br />
4. States Parties undertake to promote and encourage international co-operation with a view to<br />
achieving progressively the full realization of the right recognized in the present article. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
8<br />
<br />
'''Article 25'''<br />
States Parties recognize the right of a child who has been placed by the competent authorities for the<br />
purposes of care, protection or treatment of his or her physical or mental health, to a periodic review<br />
of the treatment provided to the child and all other circumstances relevant to his or her placement.<br />
<br />
'''Article 26'''<br />
1. States Parties shall recognize for every child the right to benefit from social security, including social<br />
insurance, and shall take the necessary measures to achieve the full realization of this right in<br />
accordance with their national law.<br />
2. The benefits should, where appropriate, be granted, taking into account the resources and the<br />
circumstances of the child and persons having responsibility for the maintenance of the child, as well<br />
as any other consideration relevant to an application for benefits made by or on behalf of the child.<br />
<br />
'''Article 27'''<br />
1. States Parties recognize the right of every child to a standard of living adequate for the child's<br />
physical, mental, spiritual, moral and social development.<br />
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within<br />
their abilities and financial capacities, the conditions of living necessary for the child's development.<br />
3. States Parties, in accordance with national conditions and within their means, shall take appropriate<br />
measures to assist parents and others responsible for the child to implement this right and shall in<br />
case of need provide material assistance and support programmes, particularly with regard to<br />
nutrition, clothing and housing.<br />
4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the<br />
child from the parents or other persons having financial responsibility for the child, both within the<br />
State Party and from abroad. In particular, where the person having financial responsibility for the<br />
child lives in a State different from that of the child, States Parties shall promote the accession to<br />
international agreements or the conclusion of such agreements, as well as the making of other<br />
appropriate arrangements.<br />
<br />
'''Article 28'''<br />
1. States Parties recognize the right of the child to education, and with a view to achieving this right<br />
progressively and on the basis of equal opportunity, they shall, in particular:<br />
(a) Make primary education compulsory and available free to all;<br />
(b) Encourage the development of different forms of secondary education, including general and<br />
vocational education, make them available and accessible to every child, and take appropriate<br />
measures such as the introduction of free education and offering financial assistance in case of need;<br />
(c) Make higher education accessible to all on the basis of capacity by every appropriate means;<br />
(d) Make educational and vocational information and guidance available and accessible to all children;<br />
(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.<br />
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in<br />
a manner consistent with the child's human dignity and in conformity with the present Convention.<br />
3. States Parties shall promote and encourage international cooperation in matters relating to<br />
education, in particular with a view to contributing to the elimination of ignorance and illiteracy<br />
9<br />
throughout the world and facilitating access to scientific and technical knowledge and modern teaching<br />
methods. In this regard, particular account shall be taken of the needs of developing countries.<br />
<br />
'''Article 29'''<br />
1. States Parties agree that the education of the child shall be directed to:<br />
(a) The development of the child's personality, talents and mental and physical abilities to their fullest<br />
potential;<br />
(b) The development of respect for human rights and fundamental freedoms, and for the principles<br />
enshrined in the Charter of the United Nations;<br />
(c) The development of respect for the child's parents, his or her own cultural identity, language and<br />
values, for the national values of the country in which the child is living, the country from which he or<br />
she may originate, and for civilizations different from his or her own;<br />
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding,<br />
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious<br />
groups and persons of indigenous origin;<br />
(e) The development of respect for the natural environment.<br />
2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of<br />
individuals and bodies to establish and direct educational institutions, subject always to the observance<br />
of the principle set forth in paragraph 1 of the present article and to the requirements that the<br />
education given in such institutions shall conform to such minimum standards as may be laid down by<br />
the State.<br />
<br />
'''Article 30'''<br />
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a<br />
child belonging to such a minority or who is indigenous shall not be denied the right, in community<br />
with other members of his or her group, to enjoy his or her own culture, to profess and practise his or<br />
her own religion, or to use his or her own language.<br />
<br />
'''Article 31'''<br />
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational<br />
activities appropriate to the age of the child and to participate freely in cultural life and the arts.<br />
2. States Parties shall respect and promote the right of the child to participate fully in cultural and<br />
artistic life and shall encourage the provision of appropriate and equal opportunities for cultural,<br />
artistic, recreational and leisure activity.<br />
<br />
'''Article 32'''<br />
1. States Parties recognize the right of the child to be protected from economic exploitation and from<br />
performing any work that is likely to be hazardous or to interfere with the child's education, or to be<br />
harmful to the child's health or physical, mental, spiritual, moral or social development.<br />
2. States Parties shall take legislative, administrative, social and educational measures to ensure the<br />
implementation of the present article. To this end, and having regard to the relevant provisions of<br />
other international instruments, States Parties shall in particular:<br />
(a) Provide for a minimum age or minimum ages for admission to employment;<br />
(b) Provide for appropriate regulation of the hours and conditions of employment;<br />
10<br />
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the<br />
present article.<br />
<br />
'''Article 33'''<br />
States Parties shall take all appropriate measures, including legislative, administrative, social and<br />
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic<br />
substances as defined in the relevant international treaties, and to prevent the use of children in the<br />
illicit production and trafficking of such substances.<br />
<br />
'''Article 34'''<br />
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.<br />
For these purposes, States Parties shall in particular take all appropriate national, bilateral and<br />
multilateral measures to prevent:<br />
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;<br />
(b) The exploitative use of children in prostitution or other unlawful sexual practices;<br />
(c) The exploitative use of children in pornographic performances and materials.<br />
<br />
'''Article 35'''<br />
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the<br />
abduction of, the sale of or traffic in children for any purpose or in any form.<br />
<br />
'''Article 36'''<br />
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of<br />
the child's welfare.<br />
<br />
'''Article 37'''<br />
States Parties shall ensure that:<br />
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or<br />
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be<br />
imposed for offences committed by persons below eighteen years of age;<br />
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or<br />
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last<br />
resort and for the shortest appropriate period of time;<br />
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of<br />
the human person, and in a manner which takes into account the needs of persons of his or her age.<br />
In particular, every child deprived of liberty shall be separated from adults unless it is considered in<br />
the child's best interest not to do so and shall have the right to maintain contact with his or her family<br />
through correspondence and visits, save in exceptional circumstances;<br />
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other<br />
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her<br />
liberty before a court or other competent, independent and impartial authority, and to a prompt<br />
decision on any such action.<br />
<br />
'''Article 38'''<br />
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law<br />
applicable to them in armed conflicts which are relevant to the child.<br />
11<br />
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age<br />
of fifteen years do not take a direct part in hostilities.<br />
3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years<br />
into their armed forces. In recruiting among those persons who have attained the age of fifteen years<br />
but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to<br />
those who are oldest.<br />
4. In accordance with their obligations under international humanitarian law to protect the civilian<br />
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and<br />
care of children who are affected by an armed conflict.<br />
<br />
'''Article 39'''<br />
States Parties shall take all appropriate measures to promote physical and psychological recovery and<br />
social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any<br />
other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery<br />
and reintegration shall take place in an environment which fosters the health, self-respect and dignity<br />
of the child.<br />
<br />
'''Article 40'''<br />
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having<br />
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of<br />
dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms<br />
of others and which takes into account the child's age and the desirability of promoting the child's<br />
reintegration and the child's assuming a constructive role in society.<br />
2. To this end, and having regard to the relevant provisions of international instruments, States Parties<br />
shall, in particular, ensure that:<br />
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by<br />
reason of acts or omissions that were not prohibited by national or international law at the time they<br />
were committed;<br />
(b) Every child alleged as or accused of having infringed the penal law has at least the following<br />
guarantees:<br />
(i) To be presumed innocent until proven guilty according to law;<br />
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,<br />
through his or her parents or legal guardians, and to have legal or other appropriate assistance in the<br />
preparation and presentation of his or her defence;<br />
(iii) To have the matter determined without delay by a competent, independent and impartial authority<br />
or judicial body in a fair hearing according to law, in the presence of legal or other appropriate<br />
assistance and, unless it is considered not to be in the best interest of the child, in particular, taking<br />
into account his or her age or situation, his or her parents or legal guardians;<br />
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse<br />
witnesses and to obtain the participation and examination of witnesses on his or her behalf under<br />
conditions of equality;<br />
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in<br />
consequence thereof reviewed by a higher competent, independent and impartial authority or judicial<br />
body according to law;<br />
12<br />
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language<br />
used;<br />
(vii) To have his or her privacy fully respected at all stages of the proceedings.<br />
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and<br />
institutions specifically applicable to children alleged as, accused of, or recognized as having infringed<br />
the penal law, and, in particular:<br />
(a) The establishment of a minimum age below which children shall be presumed not to have the<br />
capacity to infringe the penal law;<br />
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to<br />
judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety<br />
of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care;<br />
education and vocational training programmes and other alternatives to institutional care shall be<br />
available to ensure that children are dealt with in a manner appropriate to their well-being and<br />
proportionate both to their circumstances and the offence.<br />
<br />
'''Article 41'''<br />
Nothing in the present Convention shall affect any provisions which are more conducive to the<br />
realization of the rights of the child and which may be contained in:<br />
(a) The law of a State party; or<br />
(b) International law in force for that State.<br />
<br />
'''PART II<br />
Article 42'''<br />
States Parties undertake to make the principles and provisions of the Convention widely known, by<br />
appropriate and active means, to adults and children alike.<br />
<br />
'''Article 43'''<br />
1. For the purpose of examining the progress made by States Parties in achieving the realization of the<br />
obligations undertaken in the present Convention, there shall be established a Committee on the<br />
Rights of the Child, which shall carry out the functions hereinafter provided.<br />
2. The Committee shall consist of ten experts of high moral standing and recognized competence in<br />
the field covered by this Convention. The members of the Committee shall be elected by States Parties<br />
from among their nationals and shall serve in their personal capacity, consideration being given to<br />
equitable geographical distribution, as well as to the principal legal systems.<br />
3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by<br />
States Parties. Each State Party may nominate one person from among its own nationals.<br />
4. The initial election to the Committee shall be held no later than six months after the date of the<br />
entry into force of the present Convention and thereafter every second year. At least four months<br />
before the date of each election, the Secretary-General of the United Nations shall address a letter to<br />
States Parties inviting them to submit their nominations within two months. The Secretary-General<br />
shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States<br />
Parties which have nominated them, and shall submit it to the States Parties to the present<br />
Convention.<br />
5. The elections shall be held at meetings of States Parties convened by the Secretary-General at<br />
United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute<br />
13<br />
a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes<br />
and an absolute majority of the votes of the representatives of States Parties present and voting.<br />
6. The members of the Committee shall be elected for a term of four years. They shall be eligible for<br />
re-election if renominated. The term of five of the members elected at the first election shall expire at<br />
the end of two years; immediately after the first election, the names of these five members shall be<br />
chosen by lot by the Chairman of the meeting.<br />
7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no<br />
longer perform the duties of the Committee, the State Party which nominated the member shall<br />
appoint another expert from among its nationals to serve for the remainder of the term, subject to the<br />
approval of the Committee.<br />
8. The Committee shall establish its own rules of procedure.<br />
9. The Committee shall elect its officers for a period of two years.<br />
10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any<br />
other convenient place as determined by the Committee. The Committee shall normally meet annually.<br />
The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a<br />
meeting of the States Parties to the present Convention, subject to the approval of the General<br />
Assembly.<br />
11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the<br />
effective performance of the functions of the Committee under the present Convention.<br />
12. With the approval of the General Assembly, the members of the Committee established under the<br />
present Convention shall receive emoluments from United Nations resources on such terms and<br />
conditions as the Assembly may decide.<br />
<br />
'''Article 44'''<br />
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United<br />
Nations, reports on the measures they have adopted which give effect to the rights recognized herein<br />
and on the progress made on the enjoyment of those rights<br />
(a) Within two years of the entry into force of the Convention for the State Party concerned;<br />
(b) Thereafter every five years.<br />
2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the<br />
degree of fulfillment of the obligations under the present Convention. Reports shall also contain<br />
sufficient information to provide the Committee with a comprehensive understanding of the<br />
implementation of the Convention in the country concerned.<br />
3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its<br />
subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic<br />
information previously provided.<br />
4. The Committee may request from States Parties further information relevant to the implementation<br />
of the Convention.<br />
5. The Committee shall submit to the General Assembly, through the Economic and Social Council,<br />
every two years, reports on its activities.<br />
6. States Parties shall make their reports widely available to the public in their own countries.<br />
<br />
'''Article 45'''<br />
14<br />
In order to foster the effective implementation of the Convention and to encourage international cooperation<br />
in the field covered by the Convention:<br />
(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall<br />
be entitled to be represented at the consideration of the implementation of such provisions of the<br />
present Convention as fall within the scope of their mandate. The Committee may invite the<br />
specialized agencies, the United Nations Children's Fund and other competent bodies as it may<br />
consider appropriate to provide expert advice on the implementation of the Convention in areas falling<br />
within the scope of their respective mandates. The Committee may invite the specialized agencies, the<br />
United Nations Children's Fund, and other United Nations organs to submit reports on the<br />
implementation of the Convention in areas falling within the scope of their activities;<br />
(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the<br />
United Nations Children's Fund and other competent bodies, any reports from States Parties that<br />
contain a request, or indicate a need, for technical advice or assistance, along with the Committee's<br />
observations and suggestions, if any, on these requests or indications;<br />
(c) The Committee may recommend to the General Assembly to request the Secretary-General to<br />
undertake on its behalf studies on specific issues relating to the rights of the child;<br />
(d) The Committee may make suggestions and general recommendations based on information<br />
received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general<br />
recommendations shall be transmitted to any State Party concerned and reported to the General<br />
Assembly, together with comments, if any, from States Parties.<br />
<br />
'''PART III<br />
Article 46'''<br />
The present Convention shall be open for signature by all States.<br />
<br />
'''Article 47'''<br />
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the<br />
Secretary-General of the United Nations.<br />
'''<br />
Article 48'''<br />
The present Convention shall remain open for accession by any State. The instruments of accession<br />
shall be deposited with the Secretary-General of the United Nations.<br />
<br />
'''Article 49'''<br />
1. The present Convention shall enter into force on the thirtieth day following the date of deposit with<br />
the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.<br />
2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument<br />
of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit<br />
by such State of its instrument of ratification or accession.<br />
<br />
'''Article 50'''<br />
1. Any State Party may propose an amendment and file it with the Secretary-General of the United<br />
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States<br />
Parties, with a request that they indicate whether they favour a conference of States Parties for the<br />
purpose of considering and voting upon the proposals. In the event that, within four months from the<br />
date of such communication, at least one third of the States Parties favour such a conference, the<br />
Secretary-General shall convene the conference under the auspices of the United Nations. Any<br />
15<br />
amendment adopted by a majority of States Parties present and voting at the conference shall be<br />
submitted to the General Assembly for approval.<br />
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force<br />
when it has been approved by the General Assembly of the United Nations and accepted by a twothirds<br />
majority of States Parties.<br />
3. When an amendment enters into force, it shall be binding on those States Parties which have<br />
accepted it, other States Parties still being bound by the provisions of the present Convention and any<br />
earlier amendments which they have accepted.<br />
<br />
'''Article 51'''<br />
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of<br />
reservations made by States at the time of ratification or accession.<br />
2. A reservation incompatible with the object and purpose of the present Convention shall not be<br />
permitted.<br />
3. Reservations may be withdrawn at any time by notification to that effect addressed to the<br />
Secretary-General of the United Nations, who shall then inform all States. Such notification shall take<br />
effect on the date on which it is received by the Secretary-General<br />
<br />
'''Article 52'''<br />
A State Party may denounce the present Convention by written notification to the Secretary-General of<br />
the United Nations. Denunciation becomes effective one year after the date of receipt of the<br />
notification by the Secretary-General.<br />
'''<br />
Article 53'''<br />
The Secretary-General of the United Nations is designated as the depositary of the present<br />
Convention.<br />
<br />
'''Article 54'''<br />
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and<br />
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United<br />
Nations. <br />
<br />
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by<br />
their respective governments, have signed the present Convention.<br />
<br />
See [[International Law]]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=United_Nations_Convention_on_the_Rights_of_the_Child&diff=6828United Nations Convention on the Rights of the Child2010-11-10T15:12:04Z<p>Cmattesich: </p>
<hr />
<div>'''Convention on the Rights of the Child'''<br />
<br />
<br />
Adopted and opened for signature, ratification and accession by General Assembly<br />
resolution 44/25 of 20 November 1989<br />
entry into force 2 September 1990, in accordance with article 49<br />
<br />
Preamble<br />
The States Parties to the present Convention,<br />
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,<br />
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human<br />
family is the foundation of freedom, justice and peace in the world,<br />
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in<br />
fundamental human rights and in the dignity and worth of the human person, and have determined to<br />
promote social progress and better standards of life in larger freedom,<br />
Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the<br />
International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the<br />
rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex,<br />
language, religion, political or other opinion, national or social origin, property, birth or other status,<br />
Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that<br />
childhood is entitled to special care and assistance,<br />
Convinced that the family, as the fundamental group of society and the natural environment for the<br />
growth and well-being of all its members and particularly children, should be afforded the necessary<br />
protection and assistance so that it can fully assume its responsibilities within the community,<br />
Recognizing that the child, for the full and harmonious development of his or her personality, should<br />
grow up in a family environment, in an atmosphere of happiness, love and understanding,<br />
Considering that the child should be fully prepared to live an individual life in society, and brought up<br />
in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit<br />
of peace, dignity, tolerance, freedom, equality and solidarity,<br />
Bearing in mind that the need to extend particular care to the child has been stated in the Geneva<br />
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted<br />
by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human<br />
Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in<br />
the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in<br />
the statutes and relevant instruments of specialized agencies and international organizations<br />
concerned with the welfare of children,<br />
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of<br />
his physical and mental immaturity, needs special safeguards and care, including appropriate legal<br />
protection, before as well as after birth",<br />
Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and<br />
Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and<br />
Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice<br />
(The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and<br />
Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally<br />
difficult conditions, and that such children need special consideration,<br />
2<br />
Taking due account of the importance of the traditions and cultural values of each people for the<br />
protection and harmonious development of the child, Recognizing the importance of international cooperation<br />
for improving the living conditions of children in every country, in particular in the<br />
developing countries,<br />
Have agreed as follows:<br />
'''<br />
PART I<br />
<br />
Article 1'''<br />
For the purposes of the present Convention, a child means every human being below the age of<br />
eighteen years unless under the law applicable to the child, majority is attained earlier.<br />
<br />
'''Article 2'''<br />
<br />
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child<br />
within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her<br />
parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national,<br />
ethnic or social origin, property, disability, birth or other status.<br />
<br />
2. States Parties shall take all appropriate measures to ensure that the child is protected against all<br />
forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or<br />
beliefs of the child's parents, legal guardians, or family members.<br />
<br />
'''Article 3'''<br />
<br />
1. In all actions concerning children, whether undertaken by public or private social welfare<br />
institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child<br />
shall be a primary consideration.<br />
<br />
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her<br />
well-being, taking into account the rights and duties of his or her parents, legal guardians, or other<br />
individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and<br />
administrative measures.<br />
<br />
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or<br />
protection of children shall conform with the standards established by competent authorities,<br />
particularly in the areas of safety, health, in the number and suitability of their staff, as well as<br />
competent supervision.<br />
<br />
'''Article 4'''<br />
<br />
States Parties shall undertake all appropriate legislative, administrative, and other measures for the<br />
implementation of the rights recognized in the present Convention. With regard to economic, social<br />
and cultural rights, States Parties shall undertake such measures to the maximum extent of their<br />
available resources and, where needed, within the framework of international co-operation.<br />
<br />
'''Article 5'''<br />
<br />
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the<br />
members of the extended family or community as provided for by local custom, legal guardians or<br />
other persons legally responsible for the child, to provide, in a manner consistent with the evolving<br />
capacities of the child, appropriate direction and guidance in the exercise by the child of the rights<br />
recognized in the present Convention.<br />
<br />
'''Article 6'''<br />
<br />
<br />
1. States Parties recognize that every child has the inherent right to life. <br />
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.<br />
'''<br />
Article 7'''<br />
1. The child shall be registered immediately after birth and shall have the right from birth to a name,<br />
the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or<br />
her parents.<br />
2. States Parties shall ensure the implementation of these rights in accordance with their national law<br />
and their obligations under the relevant international instruments in this field, in particular where the<br />
child would otherwise be stateless.<br />
<br />
'''Article 8'''<br />
1. States Parties undertake to respect the right of the child to preserve his or her identity, including<br />
nationality, name and family relations as recognized by law without unlawful interference.<br />
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties<br />
shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her<br />
identity.<br />
<br />
'''Article 9'''<br />
1. States Parties shall ensure that a child shall not be separated from his or her parents against their<br />
will, except when competent authorities subject to judicial review determine, in accordance with<br />
applicable law and procedures, that such separation is necessary for the best interests of the child.<br />
Such determination may be necessary in a particular case such as one involving abuse or neglect of<br />
the child by the parents, or one where the parents are living separately and a decision must be made<br />
as to the child's place of residence.<br />
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be<br />
given an opportunity to participate in the proceedings and make their views known.<br />
3. States Parties shall respect the right of the child who is separated from one or both parents to<br />
maintain personal relations and direct contact with both parents on a regular basis, except if it is<br />
contrary to the child's best interests.<br />
4. Where such separation results from any action initiated by a State Party, such as the detention,<br />
imprisonment, exile, deportation or death (including death arising from any cause while the person is<br />
in the custody of the State) of one or both parents or of the child, that State Party shall, upon request,<br />
provide the parents, the child or, if appropriate, another member of the family with the essential<br />
information concerning the whereabouts of the absent member(s) of the family unless the provision of<br />
the information would be detrimental to the well-being of the child. States Parties shall further ensure<br />
that the submission of such a request shall of itself entail no adverse consequences for the person(s)<br />
concerned.<br />
<br />
'''Article 10'''<br />
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a<br />
child or his or her parents to enter or leave a State Party for the purpose of family reunification shall<br />
be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall<br />
further ensure that the submission of such a request shall entail no adverse consequences for the<br />
applicants and for the members of their family.<br />
2. A child whose parents reside in different States shall have the right to maintain on a regular basis,<br />
save in exceptional circumstances personal relations and direct contacts with both parents. Towards<br />
that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States<br />
Parties shall respect the right of the child and his or her parents to leave any country, including their<br />
4<br />
own, and to enter their own country. The right to leave any country shall be subject only to such<br />
restrictions as are prescribed by law and which are necessary to protect the national security, public<br />
order (ordre public), public health or morals or the rights and freedoms of others and are consistent<br />
with the other rights recognized in the present Convention.<br />
<br />
'''Article 11'''<br />
1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.<br />
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or<br />
accession to existing agreements.<br />
<br />
'''Article 12'''<br />
1. States Parties shall assure to the child who is capable of forming his or her own views the right to<br />
express those views freely in all matters affecting the child, the views of the child being given due<br />
weight in accordance with the age and maturity of the child.<br />
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial<br />
and administrative proceedings affecting the child, either directly, or through a representative or an<br />
appropriate body, in a manner consistent with the procedural rules of national law.<br />
<br />
'''Article 13'''<br />
1. The child shall have the right to freedom of expression; this right shall include freedom to seek,<br />
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or<br />
in print, in the form of art, or through any other media of the child's choice.<br />
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are<br />
provided by law and are necessary:<br />
(a) For respect of the rights or reputations of others; or<br />
(b) For the protection of national security or of public order (ordre public), or of public health or<br />
morals.<br />
'''<br />
Article 14'''<br />
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.<br />
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal<br />
guardians, to provide direction to the child in the exercise of his or her right in a manner consistent<br />
with the evolving capacities of the child.<br />
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are<br />
prescribed by law and are necessary to protect public safety, order, health or morals, or the<br />
fundamental rights and freedoms of others.<br />
<br />
'''Article 15'''<br />
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful<br />
assembly.<br />
2. No restrictions may be placed on the exercise of these rights other than those imposed in<br />
conformity with the law and which are necessary in a democratic society in the interests of national<br />
security or public safety, public order (ordre public), the protection of public health or morals or the<br />
protection of the rights and freedoms of others.<br />
<br />
'''Article 16'''<br />
5<br />
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home<br />
or correspondence, nor to unlawful attacks on his or her honour and reputation.<br />
2. The child has the right to the protection of the law against such interference or attacks.<br />
<br />
'''Article 17'''<br />
States Parties recognize the important function performed by the mass media and shall ensure that the<br />
child has access to information and material from a diversity of national and international sources,<br />
especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical<br />
and mental health.<br />
To this end, States Parties shall:<br />
(a) Encourage the mass media to disseminate information and material of social and cultural benefit to<br />
the child and in accordance with the spirit of article 29;<br />
(b) Encourage international co-operation in the production, exchange and dissemination of such<br />
information and material from a diversity of cultural, national and international sources;<br />
(c) Encourage the production and dissemination of children's books;<br />
(d) Encourage the mass media to have particular regard to the linguistic needs of the child who<br />
belongs to a minority group or who is indigenous;<br />
(e) Encourage the development of appropriate guidelines for the protection of the child from<br />
information and material injurious to his or her well-being, bearing in mind the provisions of articles 13<br />
and 18.<br />
<br />
'''Article 18'''<br />
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents<br />
have common responsibilities for the upbringing and development of the child. Parents or, as the case<br />
may be, legal guardians, have the primary responsibility for the upbringing and development of the<br />
child. The best interests of the child will be their basic concern.<br />
2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention,<br />
States Parties shall render appropriate assistance to parents and legal guardians in the performance of<br />
their child-rearing responsibilities and shall ensure the development of institutions, facilities and<br />
services for the care of children.<br />
3. States Parties shall take all appropriate measures to ensure that children of working parents have<br />
the right to benefit from child-care services and facilities for which they are eligible.<br />
'''<br />
Article 19'''<br />
1. States Parties shall take all appropriate legislative, administrative, social and educational measures<br />
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent<br />
treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal<br />
guardian(s) or any other person who has the care of the child.<br />
2. Such protective measures should, as appropriate, include effective procedures for the establishment<br />
of social programmes to provide necessary support for the child and for those who have the care of the<br />
child, as well as for other forms of prevention and for identification, reporting, referral, investigation,<br />
treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,<br />
for judicial involvement.<br />
<br />
'''Article 20'''<br />
6<br />
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best<br />
interests cannot be allowed to remain in that environment, shall be entitled to special protection and<br />
assistance provided by the State.<br />
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.<br />
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary<br />
placement in suitable institutions for the care of children. When considering solutions, due regard shall<br />
be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious,<br />
cultural and linguistic background.<br />
<br />
'''Article 21'''<br />
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests<br />
of the child shall be the paramount consideration and they shall:<br />
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in<br />
accordance with applicable law and procedures and on the basis of all pertinent and reliable<br />
information, that the adoption is permissible in view of the child's status concerning parents, relatives<br />
and legal guardians and that, if required, the persons concerned have given their informed consent to<br />
the adoption on the basis of such counselling as may be necessary;<br />
(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if<br />
the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared<br />
for in the child's country of origin;<br />
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards<br />
equivalent to those existing in the case of national adoption;<br />
(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not<br />
result in improper financial gain for those involved in it;<br />
(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or<br />
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the<br />
placement of the child in another country is carried out by competent authorities or organs.<br />
<br />
'''Article 22'''<br />
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status<br />
or who is considered a refugee in accordance with applicable international or domestic law and<br />
procedures shall, whether unaccompanied or accompanied by his or her parents or by any other<br />
person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable<br />
rights set forth in the present Convention and in other international human rights or humanitarian<br />
instruments to which the said States are Parties.<br />
2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any<br />
efforts by the United Nations and other competent intergovernmental organizations or nongovernmental<br />
organizations co-operating with the United Nations to protect and assist such a child and<br />
to trace the parents or other members of the family of any refugee child in order to obtain information<br />
necessary for reunification with his or her family. In cases where no parents or other members of the<br />
family can be found, the child shall be accorded the same protection as any other child permanently or<br />
temporarily deprived of his or her family environment for any reason , as set forth in the present<br />
Convention.<br />
<br />
'''Article 23'''<br />
7<br />
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent<br />
life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active<br />
participation in the community.<br />
2. States Parties recognize the right of the disabled child to special care and shall encourage and<br />
ensure the extension, subject to available resources, to the eligible child and those responsible for his<br />
or her care, of assistance for which application is made and which is appropriate to the child's condition<br />
and to the circumstances of the parents or others caring for the child.<br />
3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph<br />
2 of the present article shall be provided free of charge, whenever possible, taking into account the<br />
financial resources of the parents or others caring for the child, and shall be designed to ensure that<br />
the disabled child has effective access to and receives education, training, health care services,<br />
rehabilitation services, preparation for employment and recreation opportunities in a manner conducive<br />
to the child's achieving the fullest possible social integration and individual development, including his<br />
or her cultural and spiritual development<br />
4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate<br />
information in the field of preventive health care and of medical, psychological and functional<br />
treatment of disabled children, including dissemination of and access to information concerning<br />
methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to<br />
improve their capabilities and skills and to widen their experience in these areas. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
<br />
'''Article 24'''<br />
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of<br />
health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall<br />
strive to ensure that no child is deprived of his or her right of access to such health care services.<br />
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate<br />
measures:<br />
(a) To diminish infant and child mortality;<br />
(b) To ensure the provision of necessary medical assistance and health care to all children with<br />
emphasis on the development of primary health care;<br />
(c) To combat disease and malnutrition, including within the framework of primary health care,<br />
through, inter alia, the application of readily available technology and through the provision of<br />
adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of<br />
environmental pollution;<br />
(d) To ensure appropriate pre-natal and post-natal health care for mothers;<br />
(e) To ensure that all segments of society, in particular parents and children, are informed, have<br />
access to education and are supported in the use of basic knowledge of child health and nutrition, the<br />
advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;<br />
(f) To develop preventive health care, guidance for parents and family planning education and<br />
services.<br />
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional<br />
practices prejudicial to the health of children.<br />
4. States Parties undertake to promote and encourage international co-operation with a view to<br />
achieving progressively the full realization of the right recognized in the present article. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
8<br />
<br />
'''Article 25'''<br />
States Parties recognize the right of a child who has been placed by the competent authorities for the<br />
purposes of care, protection or treatment of his or her physical or mental health, to a periodic review<br />
of the treatment provided to the child and all other circumstances relevant to his or her placement.<br />
<br />
'''Article 26'''<br />
1. States Parties shall recognize for every child the right to benefit from social security, including social<br />
insurance, and shall take the necessary measures to achieve the full realization of this right in<br />
accordance with their national law.<br />
2. The benefits should, where appropriate, be granted, taking into account the resources and the<br />
circumstances of the child and persons having responsibility for the maintenance of the child, as well<br />
as any other consideration relevant to an application for benefits made by or on behalf of the child.<br />
<br />
'''Article 27'''<br />
1. States Parties recognize the right of every child to a standard of living adequate for the child's<br />
physical, mental, spiritual, moral and social development.<br />
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within<br />
their abilities and financial capacities, the conditions of living necessary for the child's development.<br />
3. States Parties, in accordance with national conditions and within their means, shall take appropriate<br />
measures to assist parents and others responsible for the child to implement this right and shall in<br />
case of need provide material assistance and support programmes, particularly with regard to<br />
nutrition, clothing and housing.<br />
4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the<br />
child from the parents or other persons having financial responsibility for the child, both within the<br />
State Party and from abroad. In particular, where the person having financial responsibility for the<br />
child lives in a State different from that of the child, States Parties shall promote the accession to<br />
international agreements or the conclusion of such agreements, as well as the making of other<br />
appropriate arrangements.<br />
<br />
'''Article 28'''<br />
1. States Parties recognize the right of the child to education, and with a view to achieving this right<br />
progressively and on the basis of equal opportunity, they shall, in particular:<br />
(a) Make primary education compulsory and available free to all;<br />
(b) Encourage the development of different forms of secondary education, including general and<br />
vocational education, make them available and accessible to every child, and take appropriate<br />
measures such as the introduction of free education and offering financial assistance in case of need;<br />
(c) Make higher education accessible to all on the basis of capacity by every appropriate means;<br />
(d) Make educational and vocational information and guidance available and accessible to all children;<br />
(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.<br />
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in<br />
a manner consistent with the child's human dignity and in conformity with the present Convention.<br />
3. States Parties shall promote and encourage international cooperation in matters relating to<br />
education, in particular with a view to contributing to the elimination of ignorance and illiteracy<br />
9<br />
throughout the world and facilitating access to scientific and technical knowledge and modern teaching<br />
methods. In this regard, particular account shall be taken of the needs of developing countries.<br />
<br />
'''Article 29'''<br />
1. States Parties agree that the education of the child shall be directed to:<br />
(a) The development of the child's personality, talents and mental and physical abilities to their fullest<br />
potential;<br />
(b) The development of respect for human rights and fundamental freedoms, and for the principles<br />
enshrined in the Charter of the United Nations;<br />
(c) The development of respect for the child's parents, his or her own cultural identity, language and<br />
values, for the national values of the country in which the child is living, the country from which he or<br />
she may originate, and for civilizations different from his or her own;<br />
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding,<br />
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious<br />
groups and persons of indigenous origin;<br />
(e) The development of respect for the natural environment.<br />
2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of<br />
individuals and bodies to establish and direct educational institutions, subject always to the observance<br />
of the principle set forth in paragraph 1 of the present article and to the requirements that the<br />
education given in such institutions shall conform to such minimum standards as may be laid down by<br />
the State.<br />
<br />
'''Article 30'''<br />
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a<br />
child belonging to such a minority or who is indigenous shall not be denied the right, in community<br />
with other members of his or her group, to enjoy his or her own culture, to profess and practise his or<br />
her own religion, or to use his or her own language.<br />
<br />
'''Article 31'''<br />
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational<br />
activities appropriate to the age of the child and to participate freely in cultural life and the arts.<br />
2. States Parties shall respect and promote the right of the child to participate fully in cultural and<br />
artistic life and shall encourage the provision of appropriate and equal opportunities for cultural,<br />
artistic, recreational and leisure activity.<br />
<br />
'''Article 32'''<br />
1. States Parties recognize the right of the child to be protected from economic exploitation and from<br />
performing any work that is likely to be hazardous or to interfere with the child's education, or to be<br />
harmful to the child's health or physical, mental, spiritual, moral or social development.<br />
2. States Parties shall take legislative, administrative, social and educational measures to ensure the<br />
implementation of the present article. To this end, and having regard to the relevant provisions of<br />
other international instruments, States Parties shall in particular:<br />
(a) Provide for a minimum age or minimum ages for admission to employment;<br />
(b) Provide for appropriate regulation of the hours and conditions of employment;<br />
10<br />
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the<br />
present article.<br />
<br />
'''Article 33'''<br />
States Parties shall take all appropriate measures, including legislative, administrative, social and<br />
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic<br />
substances as defined in the relevant international treaties, and to prevent the use of children in the<br />
illicit production and trafficking of such substances.<br />
<br />
'''Article 34'''<br />
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.<br />
For these purposes, States Parties shall in particular take all appropriate national, bilateral and<br />
multilateral measures to prevent:<br />
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;<br />
(b) The exploitative use of children in prostitution or other unlawful sexual practices;<br />
(c) The exploitative use of children in pornographic performances and materials.<br />
<br />
'''Article 35'''<br />
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the<br />
abduction of, the sale of or traffic in children for any purpose or in any form.<br />
<br />
'''Article 36'''<br />
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of<br />
the child's welfare.<br />
<br />
'''Article 37'''<br />
States Parties shall ensure that:<br />
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or<br />
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be<br />
imposed for offences committed by persons below eighteen years of age;<br />
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or<br />
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last<br />
resort and for the shortest appropriate period of time;<br />
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of<br />
the human person, and in a manner which takes into account the needs of persons of his or her age.<br />
In particular, every child deprived of liberty shall be separated from adults unless it is considered in<br />
the child's best interest not to do so and shall have the right to maintain contact with his or her family<br />
through correspondence and visits, save in exceptional circumstances;<br />
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other<br />
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her<br />
liberty before a court or other competent, independent and impartial authority, and to a prompt<br />
decision on any such action.<br />
<br />
'''Article 38'''<br />
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law<br />
applicable to them in armed conflicts which are relevant to the child.<br />
11<br />
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age<br />
of fifteen years do not take a direct part in hostilities.<br />
3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years<br />
into their armed forces. In recruiting among those persons who have attained the age of fifteen years<br />
but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to<br />
those who are oldest.<br />
4. In accordance with their obligations under international humanitarian law to protect the civilian<br />
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and<br />
care of children who are affected by an armed conflict.<br />
<br />
'''Article 39'''<br />
States Parties shall take all appropriate measures to promote physical and psychological recovery and<br />
social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any<br />
other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery<br />
and reintegration shall take place in an environment which fosters the health, self-respect and dignity<br />
of the child.<br />
<br />
'''Article 40'''<br />
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having<br />
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of<br />
dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms<br />
of others and which takes into account the child's age and the desirability of promoting the child's<br />
reintegration and the child's assuming a constructive role in society.<br />
2. To this end, and having regard to the relevant provisions of international instruments, States Parties<br />
shall, in particular, ensure that:<br />
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by<br />
reason of acts or omissions that were not prohibited by national or international law at the time they<br />
were committed;<br />
(b) Every child alleged as or accused of having infringed the penal law has at least the following<br />
guarantees:<br />
(i) To be presumed innocent until proven guilty according to law;<br />
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,<br />
through his or her parents or legal guardians, and to have legal or other appropriate assistance in the<br />
preparation and presentation of his or her defence;<br />
(iii) To have the matter determined without delay by a competent, independent and impartial authority<br />
or judicial body in a fair hearing according to law, in the presence of legal or other appropriate<br />
assistance and, unless it is considered not to be in the best interest of the child, in particular, taking<br />
into account his or her age or situation, his or her parents or legal guardians;<br />
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse<br />
witnesses and to obtain the participation and examination of witnesses on his or her behalf under<br />
conditions of equality;<br />
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in<br />
consequence thereof reviewed by a higher competent, independent and impartial authority or judicial<br />
body according to law;<br />
12<br />
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language<br />
used;<br />
(vii) To have his or her privacy fully respected at all stages of the proceedings.<br />
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and<br />
institutions specifically applicable to children alleged as, accused of, or recognized as having infringed<br />
the penal law, and, in particular:<br />
(a) The establishment of a minimum age below which children shall be presumed not to have the<br />
capacity to infringe the penal law;<br />
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to<br />
judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety<br />
of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care;<br />
education and vocational training programmes and other alternatives to institutional care shall be<br />
available to ensure that children are dealt with in a manner appropriate to their well-being and<br />
proportionate both to their circumstances and the offence.<br />
<br />
'''Article 41'''<br />
Nothing in the present Convention shall affect any provisions which are more conducive to the<br />
realization of the rights of the child and which may be contained in:<br />
(a) The law of a State party; or<br />
(b) International law in force for that State.<br />
<br />
'''PART II<br />
Article 42'''<br />
States Parties undertake to make the principles and provisions of the Convention widely known, by<br />
appropriate and active means, to adults and children alike.<br />
<br />
'''Article 43'''<br />
1. For the purpose of examining the progress made by States Parties in achieving the realization of the<br />
obligations undertaken in the present Convention, there shall be established a Committee on the<br />
Rights of the Child, which shall carry out the functions hereinafter provided.<br />
2. The Committee shall consist of ten experts of high moral standing and recognized competence in<br />
the field covered by this Convention. The members of the Committee shall be elected by States Parties<br />
from among their nationals and shall serve in their personal capacity, consideration being given to<br />
equitable geographical distribution, as well as to the principal legal systems.<br />
3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by<br />
States Parties. Each State Party may nominate one person from among its own nationals.<br />
4. The initial election to the Committee shall be held no later than six months after the date of the<br />
entry into force of the present Convention and thereafter every second year. At least four months<br />
before the date of each election, the Secretary-General of the United Nations shall address a letter to<br />
States Parties inviting them to submit their nominations within two months. The Secretary-General<br />
shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States<br />
Parties which have nominated them, and shall submit it to the States Parties to the present<br />
Convention.<br />
5. The elections shall be held at meetings of States Parties convened by the Secretary-General at<br />
United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute<br />
13<br />
a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes<br />
and an absolute majority of the votes of the representatives of States Parties present and voting.<br />
6. The members of the Committee shall be elected for a term of four years. They shall be eligible for<br />
re-election if renominated. The term of five of the members elected at the first election shall expire at<br />
the end of two years; immediately after the first election, the names of these five members shall be<br />
chosen by lot by the Chairman of the meeting.<br />
7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no<br />
longer perform the duties of the Committee, the State Party which nominated the member shall<br />
appoint another expert from among its nationals to serve for the remainder of the term, subject to the<br />
approval of the Committee.<br />
8. The Committee shall establish its own rules of procedure.<br />
9. The Committee shall elect its officers for a period of two years.<br />
10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any<br />
other convenient place as determined by the Committee. The Committee shall normally meet annually.<br />
The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a<br />
meeting of the States Parties to the present Convention, subject to the approval of the General<br />
Assembly.<br />
11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the<br />
effective performance of the functions of the Committee under the present Convention.<br />
12. With the approval of the General Assembly, the members of the Committee established under the<br />
present Convention shall receive emoluments from United Nations resources on such terms and<br />
conditions as the Assembly may decide.<br />
<br />
'''Article 44'''<br />
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United<br />
Nations, reports on the measures they have adopted which give effect to the rights recognized herein<br />
and on the progress made on the enjoyment of those rights<br />
(a) Within two years of the entry into force of the Convention for the State Party concerned;<br />
(b) Thereafter every five years.<br />
2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the<br />
degree of fulfillment of the obligations under the present Convention. Reports shall also contain<br />
sufficient information to provide the Committee with a comprehensive understanding of the<br />
implementation of the Convention in the country concerned.<br />
3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its<br />
subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic<br />
information previously provided.<br />
4. The Committee may request from States Parties further information relevant to the implementation<br />
of the Convention.<br />
5. The Committee shall submit to the General Assembly, through the Economic and Social Council,<br />
every two years, reports on its activities.<br />
6. States Parties shall make their reports widely available to the public in their own countries.<br />
<br />
'''Article 45'''<br />
14<br />
In order to foster the effective implementation of the Convention and to encourage international cooperation<br />
in the field covered by the Convention:<br />
(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall<br />
be entitled to be represented at the consideration of the implementation of such provisions of the<br />
present Convention as fall within the scope of their mandate. The Committee may invite the<br />
specialized agencies, the United Nations Children's Fund and other competent bodies as it may<br />
consider appropriate to provide expert advice on the implementation of the Convention in areas falling<br />
within the scope of their respective mandates. The Committee may invite the specialized agencies, the<br />
United Nations Children's Fund, and other United Nations organs to submit reports on the<br />
implementation of the Convention in areas falling within the scope of their activities;<br />
(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the<br />
United Nations Children's Fund and other competent bodies, any reports from States Parties that<br />
contain a request, or indicate a need, for technical advice or assistance, along with the Committee's<br />
observations and suggestions, if any, on these requests or indications;<br />
(c) The Committee may recommend to the General Assembly to request the Secretary-General to<br />
undertake on its behalf studies on specific issues relating to the rights of the child;<br />
(d) The Committee may make suggestions and general recommendations based on information<br />
received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general<br />
recommendations shall be transmitted to any State Party concerned and reported to the General<br />
Assembly, together with comments, if any, from States Parties.<br />
<br />
'''PART III<br />
Article 46'''<br />
The present Convention shall be open for signature by all States.<br />
<br />
'''Article 47'''<br />
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the<br />
Secretary-General of the United Nations.<br />
'''<br />
Article 48'''<br />
The present Convention shall remain open for accession by any State. The instruments of accession<br />
shall be deposited with the Secretary-General of the United Nations.<br />
<br />
'''Article 49'''<br />
1. The present Convention shall enter into force on the thirtieth day following the date of deposit with<br />
the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.<br />
2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument<br />
of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit<br />
by such State of its instrument of ratification or accession.<br />
<br />
'''Article 50'''<br />
1. Any State Party may propose an amendment and file it with the Secretary-General of the United<br />
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States<br />
Parties, with a request that they indicate whether they favour a conference of States Parties for the<br />
purpose of considering and voting upon the proposals. In the event that, within four months from the<br />
date of such communication, at least one third of the States Parties favour such a conference, the<br />
Secretary-General shall convene the conference under the auspices of the United Nations. Any<br />
15<br />
amendment adopted by a majority of States Parties present and voting at the conference shall be<br />
submitted to the General Assembly for approval.<br />
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force<br />
when it has been approved by the General Assembly of the United Nations and accepted by a twothirds<br />
majority of States Parties.<br />
3. When an amendment enters into force, it shall be binding on those States Parties which have<br />
accepted it, other States Parties still being bound by the provisions of the present Convention and any<br />
earlier amendments which they have accepted.<br />
<br />
'''Article 51'''<br />
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of<br />
reservations made by States at the time of ratification or accession.<br />
2. A reservation incompatible with the object and purpose of the present Convention shall not be<br />
permitted.<br />
3. Reservations may be withdrawn at any time by notification to that effect addressed to the<br />
Secretary-General of the United Nations, who shall then inform all States. Such notification shall take<br />
effect on the date on which it is received by the Secretary-General<br />
<br />
'''Article 52'''<br />
A State Party may denounce the present Convention by written notification to the Secretary-General of<br />
the United Nations. Denunciation becomes effective one year after the date of receipt of the<br />
notification by the Secretary-General.<br />
'''<br />
Article 53'''<br />
The Secretary-General of the United Nations is designated as the depositary of the present<br />
Convention.<br />
<br />
'''Article 54'''<br />
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and<br />
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United<br />
Nations. <br />
<br />
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by<br />
their respective governments, have signed the present Convention.</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=United_Nations_Convention_on_the_Rights_of_the_Child&diff=6827United Nations Convention on the Rights of the Child2010-11-10T14:51:53Z<p>Cmattesich: </p>
<hr />
<div>'''Convention on the Rights of the Child'''<br />
<br />
<br />
Adopted and opened for signature, ratification and accession by General Assembly<br />
resolution 44/25 of 20 November 1989<br />
entry into force 2 September 1990, in accordance with article 49<br />
<br />
Preamble<br />
The States Parties to the present Convention,<br />
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,<br />
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human<br />
family is the foundation of freedom, justice and peace in the world,<br />
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in<br />
fundamental human rights and in the dignity and worth of the human person, and have determined to<br />
promote social progress and better standards of life in larger freedom,<br />
Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the<br />
International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the<br />
rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex,<br />
language, religion, political or other opinion, national or social origin, property, birth or other status,<br />
Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that<br />
childhood is entitled to special care and assistance,<br />
Convinced that the family, as the fundamental group of society and the natural environment for the<br />
growth and well-being of all its members and particularly children, should be afforded the necessary<br />
protection and assistance so that it can fully assume its responsibilities within the community,<br />
Recognizing that the child, for the full and harmonious development of his or her personality, should<br />
grow up in a family environment, in an atmosphere of happiness, love and understanding,<br />
Considering that the child should be fully prepared to live an individual life in society, and brought up<br />
in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit<br />
of peace, dignity, tolerance, freedom, equality and solidarity,<br />
Bearing in mind that the need to extend particular care to the child has been stated in the Geneva<br />
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted<br />
by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human<br />
Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in<br />
the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in<br />
the statutes and relevant instruments of specialized agencies and international organizations<br />
concerned with the welfare of children,<br />
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of<br />
his physical and mental immaturity, needs special safeguards and care, including appropriate legal<br />
protection, before as well as after birth",<br />
Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and<br />
Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and<br />
Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice<br />
(The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and<br />
Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally<br />
difficult conditions, and that such children need special consideration,<br />
2<br />
Taking due account of the importance of the traditions and cultural values of each people for the<br />
protection and harmonious development of the child, Recognizing the importance of international cooperation<br />
for improving the living conditions of children in every country, in particular in the<br />
developing countries,<br />
Have agreed as follows:<br />
'''<br />
PART I<br />
Article 1'''<br />
For the purposes of the present Convention, a child means every human being below the age of<br />
eighteen years unless under the law applicable to the child, majority is attained earlier.<br />
<br />
'''Article 2'''<br />
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child<br />
within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her<br />
parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national,<br />
ethnic or social origin, property, disability, birth or other status.<br />
2. States Parties shall take all appropriate measures to ensure that the child is protected against all<br />
forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or<br />
beliefs of the child's parents, legal guardians, or family members.<br />
<br />
'''Article 3'''<br />
1. In all actions concerning children, whether undertaken by public or private social welfare<br />
institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child<br />
shall be a primary consideration.<br />
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her<br />
well-being, taking into account the rights and duties of his or her parents, legal guardians, or other<br />
individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and<br />
administrative measures.<br />
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or<br />
protection of children shall conform with the standards established by competent authorities,<br />
particularly in the areas of safety, health, in the number and suitability of their staff, as well as<br />
competent supervision.<br />
<br />
'''Article 4'''<br />
States Parties shall undertake all appropriate legislative, administrative, and other measures for the<br />
implementation of the rights recognized in the present Convention. With regard to economic, social<br />
and cultural rights, States Parties shall undertake such measures to the maximum extent of their<br />
available resources and, where needed, within the framework of international co-operation.<br />
<br />
'''Article 5'''<br />
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the<br />
members of the extended family or community as provided for by local custom, legal guardians or<br />
other persons legally responsible for the child, to provide, in a manner consistent with the evolving<br />
capacities of the child, appropriate direction and guidance in the exercise by the child of the rights<br />
recognized in the present Convention.<br />
<br />
'''Article 6'''<br />
3<br />
1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure<br />
to the maximum extent possible the survival and development of the child.<br />
'''<br />
Article 7'''<br />
1. The child shall be registered immediately after birth and shall have the right from birth to a name,<br />
the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or<br />
her parents.<br />
2. States Parties shall ensure the implementation of these rights in accordance with their national law<br />
and their obligations under the relevant international instruments in this field, in particular where the<br />
child would otherwise be stateless.<br />
<br />
'''Article 8'''<br />
1. States Parties undertake to respect the right of the child to preserve his or her identity, including<br />
nationality, name and family relations as recognized by law without unlawful interference.<br />
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties<br />
shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her<br />
identity.<br />
<br />
'''Article 9'''<br />
1. States Parties shall ensure that a child shall not be separated from his or her parents against their<br />
will, except when competent authorities subject to judicial review determine, in accordance with<br />
applicable law and procedures, that such separation is necessary for the best interests of the child.<br />
Such determination may be necessary in a particular case such as one involving abuse or neglect of<br />
the child by the parents, or one where the parents are living separately and a decision must be made<br />
as to the child's place of residence.<br />
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be<br />
given an opportunity to participate in the proceedings and make their views known.<br />
3. States Parties shall respect the right of the child who is separated from one or both parents to<br />
maintain personal relations and direct contact with both parents on a regular basis, except if it is<br />
contrary to the child's best interests.<br />
4. Where such separation results from any action initiated by a State Party, such as the detention,<br />
imprisonment, exile, deportation or death (including death arising from any cause while the person is<br />
in the custody of the State) of one or both parents or of the child, that State Party shall, upon request,<br />
provide the parents, the child or, if appropriate, another member of the family with the essential<br />
information concerning the whereabouts of the absent member(s) of the family unless the provision of<br />
the information would be detrimental to the well-being of the child. States Parties shall further ensure<br />
that the submission of such a request shall of itself entail no adverse consequences for the person(s)<br />
concerned.<br />
<br />
'''Article 10'''<br />
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a<br />
child or his or her parents to enter or leave a State Party for the purpose of family reunification shall<br />
be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall<br />
further ensure that the submission of such a request shall entail no adverse consequences for the<br />
applicants and for the members of their family.<br />
2. A child whose parents reside in different States shall have the right to maintain on a regular basis,<br />
save in exceptional circumstances personal relations and direct contacts with both parents. Towards<br />
that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States<br />
Parties shall respect the right of the child and his or her parents to leave any country, including their<br />
4<br />
own, and to enter their own country. The right to leave any country shall be subject only to such<br />
restrictions as are prescribed by law and which are necessary to protect the national security, public<br />
order (ordre public), public health or morals or the rights and freedoms of others and are consistent<br />
with the other rights recognized in the present Convention.<br />
<br />
'''Article 11'''<br />
1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.<br />
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or<br />
accession to existing agreements.<br />
<br />
'''Article 12'''<br />
1. States Parties shall assure to the child who is capable of forming his or her own views the right to<br />
express those views freely in all matters affecting the child, the views of the child being given due<br />
weight in accordance with the age and maturity of the child.<br />
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial<br />
and administrative proceedings affecting the child, either directly, or through a representative or an<br />
appropriate body, in a manner consistent with the procedural rules of national law.<br />
<br />
'''Article 13'''<br />
1. The child shall have the right to freedom of expression; this right shall include freedom to seek,<br />
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or<br />
in print, in the form of art, or through any other media of the child's choice.<br />
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are<br />
provided by law and are necessary:<br />
(a) For respect of the rights or reputations of others; or<br />
(b) For the protection of national security or of public order (ordre public), or of public health or<br />
morals.<br />
'''<br />
Article 14'''<br />
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.<br />
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal<br />
guardians, to provide direction to the child in the exercise of his or her right in a manner consistent<br />
with the evolving capacities of the child.<br />
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are<br />
prescribed by law and are necessary to protect public safety, order, health or morals, or the<br />
fundamental rights and freedoms of others.<br />
<br />
'''Article 15'''<br />
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful<br />
assembly.<br />
2. No restrictions may be placed on the exercise of these rights other than those imposed in<br />
conformity with the law and which are necessary in a democratic society in the interests of national<br />
security or public safety, public order (ordre public), the protection of public health or morals or the<br />
protection of the rights and freedoms of others.<br />
<br />
'''Article 16'''<br />
5<br />
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home<br />
or correspondence, nor to unlawful attacks on his or her honour and reputation.<br />
2. The child has the right to the protection of the law against such interference or attacks.<br />
<br />
'''Article 17'''<br />
States Parties recognize the important function performed by the mass media and shall ensure that the<br />
child has access to information and material from a diversity of national and international sources,<br />
especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical<br />
and mental health.<br />
To this end, States Parties shall:<br />
(a) Encourage the mass media to disseminate information and material of social and cultural benefit to<br />
the child and in accordance with the spirit of article 29;<br />
(b) Encourage international co-operation in the production, exchange and dissemination of such<br />
information and material from a diversity of cultural, national and international sources;<br />
(c) Encourage the production and dissemination of children's books;<br />
(d) Encourage the mass media to have particular regard to the linguistic needs of the child who<br />
belongs to a minority group or who is indigenous;<br />
(e) Encourage the development of appropriate guidelines for the protection of the child from<br />
information and material injurious to his or her well-being, bearing in mind the provisions of articles 13<br />
and 18.<br />
<br />
'''Article 18'''<br />
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents<br />
have common responsibilities for the upbringing and development of the child. Parents or, as the case<br />
may be, legal guardians, have the primary responsibility for the upbringing and development of the<br />
child. The best interests of the child will be their basic concern.<br />
2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention,<br />
States Parties shall render appropriate assistance to parents and legal guardians in the performance of<br />
their child-rearing responsibilities and shall ensure the development of institutions, facilities and<br />
services for the care of children.<br />
3. States Parties shall take all appropriate measures to ensure that children of working parents have<br />
the right to benefit from child-care services and facilities for which they are eligible.<br />
'''<br />
Article 19'''<br />
1. States Parties shall take all appropriate legislative, administrative, social and educational measures<br />
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent<br />
treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal<br />
guardian(s) or any other person who has the care of the child.<br />
2. Such protective measures should, as appropriate, include effective procedures for the establishment<br />
of social programmes to provide necessary support for the child and for those who have the care of the<br />
child, as well as for other forms of prevention and for identification, reporting, referral, investigation,<br />
treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,<br />
for judicial involvement.<br />
<br />
'''Article 20'''<br />
6<br />
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best<br />
interests cannot be allowed to remain in that environment, shall be entitled to special protection and<br />
assistance provided by the State.<br />
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.<br />
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary<br />
placement in suitable institutions for the care of children. When considering solutions, due regard shall<br />
be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious,<br />
cultural and linguistic background.<br />
<br />
'''Article 21'''<br />
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests<br />
of the child shall be the paramount consideration and they shall:<br />
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in<br />
accordance with applicable law and procedures and on the basis of all pertinent and reliable<br />
information, that the adoption is permissible in view of the child's status concerning parents, relatives<br />
and legal guardians and that, if required, the persons concerned have given their informed consent to<br />
the adoption on the basis of such counselling as may be necessary;<br />
(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if<br />
the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared<br />
for in the child's country of origin;<br />
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards<br />
equivalent to those existing in the case of national adoption;<br />
(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not<br />
result in improper financial gain for those involved in it;<br />
(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or<br />
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the<br />
placement of the child in another country is carried out by competent authorities or organs.<br />
<br />
'''Article 22'''<br />
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status<br />
or who is considered a refugee in accordance with applicable international or domestic law and<br />
procedures shall, whether unaccompanied or accompanied by his or her parents or by any other<br />
person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable<br />
rights set forth in the present Convention and in other international human rights or humanitarian<br />
instruments to which the said States are Parties.<br />
2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any<br />
efforts by the United Nations and other competent intergovernmental organizations or nongovernmental<br />
organizations co-operating with the United Nations to protect and assist such a child and<br />
to trace the parents or other members of the family of any refugee child in order to obtain information<br />
necessary for reunification with his or her family. In cases where no parents or other members of the<br />
family can be found, the child shall be accorded the same protection as any other child permanently or<br />
temporarily deprived of his or her family environment for any reason , as set forth in the present<br />
Convention.<br />
<br />
'''Article 23'''<br />
7<br />
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent<br />
life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active<br />
participation in the community.<br />
2. States Parties recognize the right of the disabled child to special care and shall encourage and<br />
ensure the extension, subject to available resources, to the eligible child and those responsible for his<br />
or her care, of assistance for which application is made and which is appropriate to the child's condition<br />
and to the circumstances of the parents or others caring for the child.<br />
3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph<br />
2 of the present article shall be provided free of charge, whenever possible, taking into account the<br />
financial resources of the parents or others caring for the child, and shall be designed to ensure that<br />
the disabled child has effective access to and receives education, training, health care services,<br />
rehabilitation services, preparation for employment and recreation opportunities in a manner conducive<br />
to the child's achieving the fullest possible social integration and individual development, including his<br />
or her cultural and spiritual development<br />
4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate<br />
information in the field of preventive health care and of medical, psychological and functional<br />
treatment of disabled children, including dissemination of and access to information concerning<br />
methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to<br />
improve their capabilities and skills and to widen their experience in these areas. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
<br />
'''Article 24'''<br />
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of<br />
health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall<br />
strive to ensure that no child is deprived of his or her right of access to such health care services.<br />
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate<br />
measures:<br />
(a) To diminish infant and child mortality;<br />
(b) To ensure the provision of necessary medical assistance and health care to all children with<br />
emphasis on the development of primary health care;<br />
(c) To combat disease and malnutrition, including within the framework of primary health care,<br />
through, inter alia, the application of readily available technology and through the provision of<br />
adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of<br />
environmental pollution;<br />
(d) To ensure appropriate pre-natal and post-natal health care for mothers;<br />
(e) To ensure that all segments of society, in particular parents and children, are informed, have<br />
access to education and are supported in the use of basic knowledge of child health and nutrition, the<br />
advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;<br />
(f) To develop preventive health care, guidance for parents and family planning education and<br />
services.<br />
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional<br />
practices prejudicial to the health of children.<br />
4. States Parties undertake to promote and encourage international co-operation with a view to<br />
achieving progressively the full realization of the right recognized in the present article. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
8<br />
<br />
'''Article 25'''<br />
States Parties recognize the right of a child who has been placed by the competent authorities for the<br />
purposes of care, protection or treatment of his or her physical or mental health, to a periodic review<br />
of the treatment provided to the child and all other circumstances relevant to his or her placement.<br />
<br />
'''Article 26'''<br />
1. States Parties shall recognize for every child the right to benefit from social security, including social<br />
insurance, and shall take the necessary measures to achieve the full realization of this right in<br />
accordance with their national law.<br />
2. The benefits should, where appropriate, be granted, taking into account the resources and the<br />
circumstances of the child and persons having responsibility for the maintenance of the child, as well<br />
as any other consideration relevant to an application for benefits made by or on behalf of the child.<br />
<br />
'''Article 27'''<br />
1. States Parties recognize the right of every child to a standard of living adequate for the child's<br />
physical, mental, spiritual, moral and social development.<br />
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within<br />
their abilities and financial capacities, the conditions of living necessary for the child's development.<br />
3. States Parties, in accordance with national conditions and within their means, shall take appropriate<br />
measures to assist parents and others responsible for the child to implement this right and shall in<br />
case of need provide material assistance and support programmes, particularly with regard to<br />
nutrition, clothing and housing.<br />
4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the<br />
child from the parents or other persons having financial responsibility for the child, both within the<br />
State Party and from abroad. In particular, where the person having financial responsibility for the<br />
child lives in a State different from that of the child, States Parties shall promote the accession to<br />
international agreements or the conclusion of such agreements, as well as the making of other<br />
appropriate arrangements.<br />
<br />
'''Article 28'''<br />
1. States Parties recognize the right of the child to education, and with a view to achieving this right<br />
progressively and on the basis of equal opportunity, they shall, in particular:<br />
(a) Make primary education compulsory and available free to all;<br />
(b) Encourage the development of different forms of secondary education, including general and<br />
vocational education, make them available and accessible to every child, and take appropriate<br />
measures such as the introduction of free education and offering financial assistance in case of need;<br />
(c) Make higher education accessible to all on the basis of capacity by every appropriate means;<br />
(d) Make educational and vocational information and guidance available and accessible to all children;<br />
(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.<br />
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in<br />
a manner consistent with the child's human dignity and in conformity with the present Convention.<br />
3. States Parties shall promote and encourage international cooperation in matters relating to<br />
education, in particular with a view to contributing to the elimination of ignorance and illiteracy<br />
9<br />
throughout the world and facilitating access to scientific and technical knowledge and modern teaching<br />
methods. In this regard, particular account shall be taken of the needs of developing countries.<br />
<br />
'''Article 29'''<br />
1. States Parties agree that the education of the child shall be directed to:<br />
(a) The development of the child's personality, talents and mental and physical abilities to their fullest<br />
potential;<br />
(b) The development of respect for human rights and fundamental freedoms, and for the principles<br />
enshrined in the Charter of the United Nations;<br />
(c) The development of respect for the child's parents, his or her own cultural identity, language and<br />
values, for the national values of the country in which the child is living, the country from which he or<br />
she may originate, and for civilizations different from his or her own;<br />
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding,<br />
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious<br />
groups and persons of indigenous origin;<br />
(e) The development of respect for the natural environment.<br />
2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of<br />
individuals and bodies to establish and direct educational institutions, subject always to the observance<br />
of the principle set forth in paragraph 1 of the present article and to the requirements that the<br />
education given in such institutions shall conform to such minimum standards as may be laid down by<br />
the State.<br />
<br />
'''Article 30'''<br />
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a<br />
child belonging to such a minority or who is indigenous shall not be denied the right, in community<br />
with other members of his or her group, to enjoy his or her own culture, to profess and practise his or<br />
her own religion, or to use his or her own language.<br />
<br />
'''Article 31'''<br />
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational<br />
activities appropriate to the age of the child and to participate freely in cultural life and the arts.<br />
2. States Parties shall respect and promote the right of the child to participate fully in cultural and<br />
artistic life and shall encourage the provision of appropriate and equal opportunities for cultural,<br />
artistic, recreational and leisure activity.<br />
<br />
'''Article 32'''<br />
1. States Parties recognize the right of the child to be protected from economic exploitation and from<br />
performing any work that is likely to be hazardous or to interfere with the child's education, or to be<br />
harmful to the child's health or physical, mental, spiritual, moral or social development.<br />
2. States Parties shall take legislative, administrative, social and educational measures to ensure the<br />
implementation of the present article. To this end, and having regard to the relevant provisions of<br />
other international instruments, States Parties shall in particular:<br />
(a) Provide for a minimum age or minimum ages for admission to employment;<br />
(b) Provide for appropriate regulation of the hours and conditions of employment;<br />
10<br />
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the<br />
present article.<br />
<br />
'''Article 33'''<br />
States Parties shall take all appropriate measures, including legislative, administrative, social and<br />
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic<br />
substances as defined in the relevant international treaties, and to prevent the use of children in the<br />
illicit production and trafficking of such substances.<br />
<br />
'''Article 34'''<br />
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.<br />
For these purposes, States Parties shall in particular take all appropriate national, bilateral and<br />
multilateral measures to prevent:<br />
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;<br />
(b) The exploitative use of children in prostitution or other unlawful sexual practices;<br />
(c) The exploitative use of children in pornographic performances and materials.<br />
<br />
'''Article 35'''<br />
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the<br />
abduction of, the sale of or traffic in children for any purpose or in any form.<br />
<br />
'''Article 36'''<br />
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of<br />
the child's welfare.<br />
<br />
'''Article 37'''<br />
States Parties shall ensure that:<br />
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or<br />
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be<br />
imposed for offences committed by persons below eighteen years of age;<br />
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or<br />
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last<br />
resort and for the shortest appropriate period of time;<br />
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of<br />
the human person, and in a manner which takes into account the needs of persons of his or her age.<br />
In particular, every child deprived of liberty shall be separated from adults unless it is considered in<br />
the child's best interest not to do so and shall have the right to maintain contact with his or her family<br />
through correspondence and visits, save in exceptional circumstances;<br />
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other<br />
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her<br />
liberty before a court or other competent, independent and impartial authority, and to a prompt<br />
decision on any such action.<br />
<br />
'''Article 38'''<br />
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law<br />
applicable to them in armed conflicts which are relevant to the child.<br />
11<br />
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age<br />
of fifteen years do not take a direct part in hostilities.<br />
3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years<br />
into their armed forces. In recruiting among those persons who have attained the age of fifteen years<br />
but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to<br />
those who are oldest.<br />
4. In accordance with their obligations under international humanitarian law to protect the civilian<br />
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and<br />
care of children who are affected by an armed conflict.<br />
<br />
'''Article 39'''<br />
States Parties shall take all appropriate measures to promote physical and psychological recovery and<br />
social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any<br />
other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery<br />
and reintegration shall take place in an environment which fosters the health, self-respect and dignity<br />
of the child.<br />
<br />
'''Article 40'''<br />
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having<br />
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of<br />
dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms<br />
of others and which takes into account the child's age and the desirability of promoting the child's<br />
reintegration and the child's assuming a constructive role in society.<br />
2. To this end, and having regard to the relevant provisions of international instruments, States Parties<br />
shall, in particular, ensure that:<br />
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by<br />
reason of acts or omissions that were not prohibited by national or international law at the time they<br />
were committed;<br />
(b) Every child alleged as or accused of having infringed the penal law has at least the following<br />
guarantees:<br />
(i) To be presumed innocent until proven guilty according to law;<br />
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,<br />
through his or her parents or legal guardians, and to have legal or other appropriate assistance in the<br />
preparation and presentation of his or her defence;<br />
(iii) To have the matter determined without delay by a competent, independent and impartial authority<br />
or judicial body in a fair hearing according to law, in the presence of legal or other appropriate<br />
assistance and, unless it is considered not to be in the best interest of the child, in particular, taking<br />
into account his or her age or situation, his or her parents or legal guardians;<br />
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse<br />
witnesses and to obtain the participation and examination of witnesses on his or her behalf under<br />
conditions of equality;<br />
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in<br />
consequence thereof reviewed by a higher competent, independent and impartial authority or judicial<br />
body according to law;<br />
12<br />
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language<br />
used;<br />
(vii) To have his or her privacy fully respected at all stages of the proceedings.<br />
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and<br />
institutions specifically applicable to children alleged as, accused of, or recognized as having infringed<br />
the penal law, and, in particular:<br />
(a) The establishment of a minimum age below which children shall be presumed not to have the<br />
capacity to infringe the penal law;<br />
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to<br />
judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety<br />
of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care;<br />
education and vocational training programmes and other alternatives to institutional care shall be<br />
available to ensure that children are dealt with in a manner appropriate to their well-being and<br />
proportionate both to their circumstances and the offence.<br />
<br />
'''Article 41'''<br />
Nothing in the present Convention shall affect any provisions which are more conducive to the<br />
realization of the rights of the child and which may be contained in:<br />
(a) The law of a State party; or<br />
(b) International law in force for that State.<br />
<br />
'''PART II<br />
Article 42'''<br />
States Parties undertake to make the principles and provisions of the Convention widely known, by<br />
appropriate and active means, to adults and children alike.<br />
<br />
'''Article 43'''<br />
1. For the purpose of examining the progress made by States Parties in achieving the realization of the<br />
obligations undertaken in the present Convention, there shall be established a Committee on the<br />
Rights of the Child, which shall carry out the functions hereinafter provided.<br />
2. The Committee shall consist of ten experts of high moral standing and recognized competence in<br />
the field covered by this Convention. The members of the Committee shall be elected by States Parties<br />
from among their nationals and shall serve in their personal capacity, consideration being given to<br />
equitable geographical distribution, as well as to the principal legal systems.<br />
3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by<br />
States Parties. Each State Party may nominate one person from among its own nationals.<br />
4. The initial election to the Committee shall be held no later than six months after the date of the<br />
entry into force of the present Convention and thereafter every second year. At least four months<br />
before the date of each election, the Secretary-General of the United Nations shall address a letter to<br />
States Parties inviting them to submit their nominations within two months. The Secretary-General<br />
shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States<br />
Parties which have nominated them, and shall submit it to the States Parties to the present<br />
Convention.<br />
5. The elections shall be held at meetings of States Parties convened by the Secretary-General at<br />
United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute<br />
13<br />
a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes<br />
and an absolute majority of the votes of the representatives of States Parties present and voting.<br />
6. The members of the Committee shall be elected for a term of four years. They shall be eligible for<br />
re-election if renominated. The term of five of the members elected at the first election shall expire at<br />
the end of two years; immediately after the first election, the names of these five members shall be<br />
chosen by lot by the Chairman of the meeting.<br />
7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no<br />
longer perform the duties of the Committee, the State Party which nominated the member shall<br />
appoint another expert from among its nationals to serve for the remainder of the term, subject to the<br />
approval of the Committee.<br />
8. The Committee shall establish its own rules of procedure.<br />
9. The Committee shall elect its officers for a period of two years.<br />
10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any<br />
other convenient place as determined by the Committee. The Committee shall normally meet annually.<br />
The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a<br />
meeting of the States Parties to the present Convention, subject to the approval of the General<br />
Assembly.<br />
11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the<br />
effective performance of the functions of the Committee under the present Convention.<br />
12. With the approval of the General Assembly, the members of the Committee established under the<br />
present Convention shall receive emoluments from United Nations resources on such terms and<br />
conditions as the Assembly may decide.<br />
<br />
'''Article 44'''<br />
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United<br />
Nations, reports on the measures they have adopted which give effect to the rights recognized herein<br />
and on the progress made on the enjoyment of those rights<br />
(a) Within two years of the entry into force of the Convention for the State Party concerned;<br />
(b) Thereafter every five years.<br />
2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the<br />
degree of fulfillment of the obligations under the present Convention. Reports shall also contain<br />
sufficient information to provide the Committee with a comprehensive understanding of the<br />
implementation of the Convention in the country concerned.<br />
3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its<br />
subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic<br />
information previously provided.<br />
4. The Committee may request from States Parties further information relevant to the implementation<br />
of the Convention.<br />
5. The Committee shall submit to the General Assembly, through the Economic and Social Council,<br />
every two years, reports on its activities.<br />
6. States Parties shall make their reports widely available to the public in their own countries.<br />
<br />
'''Article 45'''<br />
14<br />
In order to foster the effective implementation of the Convention and to encourage international cooperation<br />
in the field covered by the Convention:<br />
(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall<br />
be entitled to be represented at the consideration of the implementation of such provisions of the<br />
present Convention as fall within the scope of their mandate. The Committee may invite the<br />
specialized agencies, the United Nations Children's Fund and other competent bodies as it may<br />
consider appropriate to provide expert advice on the implementation of the Convention in areas falling<br />
within the scope of their respective mandates. The Committee may invite the specialized agencies, the<br />
United Nations Children's Fund, and other United Nations organs to submit reports on the<br />
implementation of the Convention in areas falling within the scope of their activities;<br />
(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the<br />
United Nations Children's Fund and other competent bodies, any reports from States Parties that<br />
contain a request, or indicate a need, for technical advice or assistance, along with the Committee's<br />
observations and suggestions, if any, on these requests or indications;<br />
(c) The Committee may recommend to the General Assembly to request the Secretary-General to<br />
undertake on its behalf studies on specific issues relating to the rights of the child;<br />
(d) The Committee may make suggestions and general recommendations based on information<br />
received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general<br />
recommendations shall be transmitted to any State Party concerned and reported to the General<br />
Assembly, together with comments, if any, from States Parties.<br />
<br />
'''PART III<br />
Article 46'''<br />
The present Convention shall be open for signature by all States.<br />
<br />
'''Article 47'''<br />
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the<br />
Secretary-General of the United Nations.<br />
'''<br />
Article 48'''<br />
The present Convention shall remain open for accession by any State. The instruments of accession<br />
shall be deposited with the Secretary-General of the United Nations.<br />
<br />
'''Article 49'''<br />
1. The present Convention shall enter into force on the thirtieth day following the date of deposit with<br />
the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.<br />
2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument<br />
of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit<br />
by such State of its instrument of ratification or accession.<br />
<br />
'''Article 50'''<br />
1. Any State Party may propose an amendment and file it with the Secretary-General of the United<br />
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States<br />
Parties, with a request that they indicate whether they favour a conference of States Parties for the<br />
purpose of considering and voting upon the proposals. In the event that, within four months from the<br />
date of such communication, at least one third of the States Parties favour such a conference, the<br />
Secretary-General shall convene the conference under the auspices of the United Nations. Any<br />
15<br />
amendment adopted by a majority of States Parties present and voting at the conference shall be<br />
submitted to the General Assembly for approval.<br />
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force<br />
when it has been approved by the General Assembly of the United Nations and accepted by a twothirds<br />
majority of States Parties.<br />
3. When an amendment enters into force, it shall be binding on those States Parties which have<br />
accepted it, other States Parties still being bound by the provisions of the present Convention and any<br />
earlier amendments which they have accepted.<br />
<br />
'''Article 51'''<br />
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of<br />
reservations made by States at the time of ratification or accession.<br />
2. A reservation incompatible with the object and purpose of the present Convention shall not be<br />
permitted.<br />
3. Reservations may be withdrawn at any time by notification to that effect addressed to the<br />
Secretary-General of the United Nations, who shall then inform all States. Such notification shall take<br />
effect on the date on which it is received by the Secretary-General<br />
<br />
'''Article 52'''<br />
A State Party may denounce the present Convention by written notification to the Secretary-General of<br />
the United Nations. Denunciation becomes effective one year after the date of receipt of the<br />
notification by the Secretary-General.<br />
'''<br />
Article 53'''<br />
The Secretary-General of the United Nations is designated as the depositary of the present<br />
Convention.<br />
<br />
'''Article 54'''<br />
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and<br />
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United<br />
Nations. <br />
<br />
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by<br />
their respective governments, have signed the present Convention.</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=United_Nations_Convention_on_the_Rights_of_the_Child&diff=6826United Nations Convention on the Rights of the Child2010-11-10T14:36:19Z<p>Cmattesich: </p>
<hr />
<div>'''Convention on the Rights of the Child'''<br />
<br />
<br />
Adopted and opened for signature, ratification and accession by General Assembly<br />
resolution 44/25 of 20 November 1989<br />
entry into force 2 September 1990, in accordance with article 49<br />
Preamble<br />
The States Parties to the present Convention,<br />
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,<br />
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human<br />
family is the foundation of freedom, justice and peace in the world,<br />
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in<br />
fundamental human rights and in the dignity and worth of the human person, and have determined to<br />
promote social progress and better standards of life in larger freedom,<br />
Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the<br />
International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the<br />
rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex,<br />
language, religion, political or other opinion, national or social origin, property, birth or other status,<br />
Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that<br />
childhood is entitled to special care and assistance,<br />
Convinced that the family, as the fundamental group of society and the natural environment for the<br />
growth and well-being of all its members and particularly children, should be afforded the necessary<br />
protection and assistance so that it can fully assume its responsibilities within the community,<br />
Recognizing that the child, for the full and harmonious development of his or her personality, should<br />
grow up in a family environment, in an atmosphere of happiness, love and understanding,<br />
Considering that the child should be fully prepared to live an individual life in society, and brought up<br />
in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit<br />
of peace, dignity, tolerance, freedom, equality and solidarity,<br />
Bearing in mind that the need to extend particular care to the child has been stated in the Geneva<br />
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted<br />
by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human<br />
Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in<br />
the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in<br />
the statutes and relevant instruments of specialized agencies and international organizations<br />
concerned with the welfare of children,<br />
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of<br />
his physical and mental immaturity, needs special safeguards and care, including appropriate legal<br />
protection, before as well as after birth",<br />
Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and<br />
Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and<br />
Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice<br />
(The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and<br />
Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally<br />
difficult conditions, and that such children need special consideration,<br />
2<br />
Taking due account of the importance of the traditions and cultural values of each people for the<br />
protection and harmonious development of the child, Recognizing the importance of international cooperation<br />
for improving the living conditions of children in every country, in particular in the<br />
developing countries,<br />
Have agreed as follows:<br />
PART I<br />
Article 1<br />
For the purposes of the present Convention, a child means every human being below the age of<br />
eighteen years unless under the law applicable to the child, majority is attained earlier.<br />
Article 2<br />
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child<br />
within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her<br />
parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national,<br />
ethnic or social origin, property, disability, birth or other status.<br />
2. States Parties shall take all appropriate measures to ensure that the child is protected against all<br />
forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or<br />
beliefs of the child's parents, legal guardians, or family members.<br />
Article 3<br />
1. In all actions concerning children, whether undertaken by public or private social welfare<br />
institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child<br />
shall be a primary consideration.<br />
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her<br />
well-being, taking into account the rights and duties of his or her parents, legal guardians, or other<br />
individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and<br />
administrative measures.<br />
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or<br />
protection of children shall conform with the standards established by competent authorities,<br />
particularly in the areas of safety, health, in the number and suitability of their staff, as well as<br />
competent supervision.<br />
Article 4<br />
States Parties shall undertake all appropriate legislative, administrative, and other measures for the<br />
implementation of the rights recognized in the present Convention. With regard to economic, social<br />
and cultural rights, States Parties shall undertake such measures to the maximum extent of their<br />
available resources and, where needed, within the framework of international co-operation.<br />
Article 5<br />
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the<br />
members of the extended family or community as provided for by local custom, legal guardians or<br />
other persons legally responsible for the child, to provide, in a manner consistent with the evolving<br />
capacities of the child, appropriate direction and guidance in the exercise by the child of the rights<br />
recognized in the present Convention.<br />
Article 6<br />
3<br />
1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure<br />
to the maximum extent possible the survival and development of the child.<br />
Article 7<br />
1. The child shall be registered immediately after birth and shall have the right from birth to a name,<br />
the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or<br />
her parents.<br />
2. States Parties shall ensure the implementation of these rights in accordance with their national law<br />
and their obligations under the relevant international instruments in this field, in particular where the<br />
child would otherwise be stateless.<br />
Article 8<br />
1. States Parties undertake to respect the right of the child to preserve his or her identity, including<br />
nationality, name and family relations as recognized by law without unlawful interference.<br />
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties<br />
shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her<br />
identity.<br />
Article 9<br />
1. States Parties shall ensure that a child shall not be separated from his or her parents against their<br />
will, except when competent authorities subject to judicial review determine, in accordance with<br />
applicable law and procedures, that such separation is necessary for the best interests of the child.<br />
Such determination may be necessary in a particular case such as one involving abuse or neglect of<br />
the child by the parents, or one where the parents are living separately and a decision must be made<br />
as to the child's place of residence.<br />
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be<br />
given an opportunity to participate in the proceedings and make their views known.<br />
3. States Parties shall respect the right of the child who is separated from one or both parents to<br />
maintain personal relations and direct contact with both parents on a regular basis, except if it is<br />
contrary to the child's best interests.<br />
4. Where such separation results from any action initiated by a State Party, such as the detention,<br />
imprisonment, exile, deportation or death (including death arising from any cause while the person is<br />
in the custody of the State) of one or both parents or of the child, that State Party shall, upon request,<br />
provide the parents, the child or, if appropriate, another member of the family with the essential<br />
information concerning the whereabouts of the absent member(s) of the family unless the provision of<br />
the information would be detrimental to the well-being of the child. States Parties shall further ensure<br />
that the submission of such a request shall of itself entail no adverse consequences for the person(s)<br />
concerned.<br />
Article 10<br />
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a<br />
child or his or her parents to enter or leave a State Party for the purpose of family reunification shall<br />
be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall<br />
further ensure that the submission of such a request shall entail no adverse consequences for the<br />
applicants and for the members of their family.<br />
2. A child whose parents reside in different States shall have the right to maintain on a regular basis,<br />
save in exceptional circumstances personal relations and direct contacts with both parents. Towards<br />
that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States<br />
Parties shall respect the right of the child and his or her parents to leave any country, including their<br />
4<br />
own, and to enter their own country. The right to leave any country shall be subject only to such<br />
restrictions as are prescribed by law and which are necessary to protect the national security, public<br />
order (ordre public), public health or morals or the rights and freedoms of others and are consistent<br />
with the other rights recognized in the present Convention.<br />
Article 11<br />
1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.<br />
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or<br />
accession to existing agreements.<br />
Article 12<br />
1. States Parties shall assure to the child who is capable of forming his or her own views the right to<br />
express those views freely in all matters affecting the child, the views of the child being given due<br />
weight in accordance with the age and maturity of the child.<br />
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial<br />
and administrative proceedings affecting the child, either directly, or through a representative or an<br />
appropriate body, in a manner consistent with the procedural rules of national law.<br />
Article 13<br />
1. The child shall have the right to freedom of expression; this right shall include freedom to seek,<br />
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or<br />
in print, in the form of art, or through any other media of the child's choice.<br />
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are<br />
provided by law and are necessary:<br />
(a) For respect of the rights or reputations of others; or<br />
(b) For the protection of national security or of public order (ordre public), or of public health or<br />
morals.<br />
Article 14<br />
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.<br />
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal<br />
guardians, to provide direction to the child in the exercise of his or her right in a manner consistent<br />
with the evolving capacities of the child.<br />
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are<br />
prescribed by law and are necessary to protect public safety, order, health or morals, or the<br />
fundamental rights and freedoms of others.<br />
Article 15<br />
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful<br />
assembly.<br />
2. No restrictions may be placed on the exercise of these rights other than those imposed in<br />
conformity with the law and which are necessary in a democratic society in the interests of national<br />
security or public safety, public order (ordre public), the protection of public health or morals or the<br />
protection of the rights and freedoms of others.<br />
Article 16<br />
5<br />
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home<br />
or correspondence, nor to unlawful attacks on his or her honour and reputation.<br />
2. The child has the right to the protection of the law against such interference or attacks.<br />
Article 17<br />
States Parties recognize the important function performed by the mass media and shall ensure that the<br />
child has access to information and material from a diversity of national and international sources,<br />
especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical<br />
and mental health.<br />
To this end, States Parties shall:<br />
(a) Encourage the mass media to disseminate information and material of social and cultural benefit to<br />
the child and in accordance with the spirit of article 29;<br />
(b) Encourage international co-operation in the production, exchange and dissemination of such<br />
information and material from a diversity of cultural, national and international sources;<br />
(c) Encourage the production and dissemination of children's books;<br />
(d) Encourage the mass media to have particular regard to the linguistic needs of the child who<br />
belongs to a minority group or who is indigenous;<br />
(e) Encourage the development of appropriate guidelines for the protection of the child from<br />
information and material injurious to his or her well-being, bearing in mind the provisions of articles 13<br />
and 18.<br />
Article 18<br />
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents<br />
have common responsibilities for the upbringing and development of the child. Parents or, as the case<br />
may be, legal guardians, have the primary responsibility for the upbringing and development of the<br />
child. The best interests of the child will be their basic concern.<br />
2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention,<br />
States Parties shall render appropriate assistance to parents and legal guardians in the performance of<br />
their child-rearing responsibilities and shall ensure the development of institutions, facilities and<br />
services for the care of children.<br />
3. States Parties shall take all appropriate measures to ensure that children of working parents have<br />
the right to benefit from child-care services and facilities for which they are eligible.<br />
Article 19<br />
1. States Parties shall take all appropriate legislative, administrative, social and educational measures<br />
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent<br />
treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal<br />
guardian(s) or any other person who has the care of the child.<br />
2. Such protective measures should, as appropriate, include effective procedures for the establishment<br />
of social programmes to provide necessary support for the child and for those who have the care of the<br />
child, as well as for other forms of prevention and for identification, reporting, referral, investigation,<br />
treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,<br />
for judicial involvement.<br />
Article 20<br />
6<br />
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best<br />
interests cannot be allowed to remain in that environment, shall be entitled to special protection and<br />
assistance provided by the State.<br />
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.<br />
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary<br />
placement in suitable institutions for the care of children. When considering solutions, due regard shall<br />
be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious,<br />
cultural and linguistic background.<br />
Article 21<br />
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests<br />
of the child shall be the paramount consideration and they shall:<br />
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in<br />
accordance with applicable law and procedures and on the basis of all pertinent and reliable<br />
information, that the adoption is permissible in view of the child's status concerning parents, relatives<br />
and legal guardians and that, if required, the persons concerned have given their informed consent to<br />
the adoption on the basis of such counselling as may be necessary;<br />
(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if<br />
the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared<br />
for in the child's country of origin;<br />
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards<br />
equivalent to those existing in the case of national adoption;<br />
(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not<br />
result in improper financial gain for those involved in it;<br />
(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or<br />
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the<br />
placement of the child in another country is carried out by competent authorities or organs.<br />
Article 22<br />
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status<br />
or who is considered a refugee in accordance with applicable international or domestic law and<br />
procedures shall, whether unaccompanied or accompanied by his or her parents or by any other<br />
person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable<br />
rights set forth in the present Convention and in other international human rights or humanitarian<br />
instruments to which the said States are Parties.<br />
2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any<br />
efforts by the United Nations and other competent intergovernmental organizations or nongovernmental<br />
organizations co-operating with the United Nations to protect and assist such a child and<br />
to trace the parents or other members of the family of any refugee child in order to obtain information<br />
necessary for reunification with his or her family. In cases where no parents or other members of the<br />
family can be found, the child shall be accorded the same protection as any other child permanently or<br />
temporarily deprived of his or her family environment for any reason , as set forth in the present<br />
Convention.<br />
Article 23<br />
7<br />
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent<br />
life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active<br />
participation in the community.<br />
2. States Parties recognize the right of the disabled child to special care and shall encourage and<br />
ensure the extension, subject to available resources, to the eligible child and those responsible for his<br />
or her care, of assistance for which application is made and which is appropriate to the child's condition<br />
and to the circumstances of the parents or others caring for the child.<br />
3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph<br />
2 of the present article shall be provided free of charge, whenever possible, taking into account the<br />
financial resources of the parents or others caring for the child, and shall be designed to ensure that<br />
the disabled child has effective access to and receives education, training, health care services,<br />
rehabilitation services, preparation for employment and recreation opportunities in a manner conducive<br />
to the child's achieving the fullest possible social integration and individual development, including his<br />
or her cultural and spiritual development<br />
4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate<br />
information in the field of preventive health care and of medical, psychological and functional<br />
treatment of disabled children, including dissemination of and access to information concerning<br />
methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to<br />
improve their capabilities and skills and to widen their experience in these areas. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
Article 24<br />
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of<br />
health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall<br />
strive to ensure that no child is deprived of his or her right of access to such health care services.<br />
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate<br />
measures:<br />
(a) To diminish infant and child mortality;<br />
(b) To ensure the provision of necessary medical assistance and health care to all children with<br />
emphasis on the development of primary health care;<br />
(c) To combat disease and malnutrition, including within the framework of primary health care,<br />
through, inter alia, the application of readily available technology and through the provision of<br />
adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of<br />
environmental pollution;<br />
(d) To ensure appropriate pre-natal and post-natal health care for mothers;<br />
(e) To ensure that all segments of society, in particular parents and children, are informed, have<br />
access to education and are supported in the use of basic knowledge of child health and nutrition, the<br />
advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;<br />
(f) To develop preventive health care, guidance for parents and family planning education and<br />
services.<br />
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional<br />
practices prejudicial to the health of children.<br />
4. States Parties undertake to promote and encourage international co-operation with a view to<br />
achieving progressively the full realization of the right recognized in the present article. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
8<br />
Article 25<br />
States Parties recognize the right of a child who has been placed by the competent authorities for the<br />
purposes of care, protection or treatment of his or her physical or mental health, to a periodic review<br />
of the treatment provided to the child and all other circumstances relevant to his or her placement.<br />
Article 26<br />
1. States Parties shall recognize for every child the right to benefit from social security, including social<br />
insurance, and shall take the necessary measures to achieve the full realization of this right in<br />
accordance with their national law.<br />
2. The benefits should, where appropriate, be granted, taking into account the resources and the<br />
circumstances of the child and persons having responsibility for the maintenance of the child, as well<br />
as any other consideration relevant to an application for benefits made by or on behalf of the child.<br />
Article 27<br />
1. States Parties recognize the right of every child to a standard of living adequate for the child's<br />
physical, mental, spiritual, moral and social development.<br />
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within<br />
their abilities and financial capacities, the conditions of living necessary for the child's development.<br />
3. States Parties, in accordance with national conditions and within their means, shall take appropriate<br />
measures to assist parents and others responsible for the child to implement this right and shall in<br />
case of need provide material assistance and support programmes, particularly with regard to<br />
nutrition, clothing and housing.<br />
4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the<br />
child from the parents or other persons having financial responsibility for the child, both within the<br />
State Party and from abroad. In particular, where the person having financial responsibility for the<br />
child lives in a State different from that of the child, States Parties shall promote the accession to<br />
international agreements or the conclusion of such agreements, as well as the making of other<br />
appropriate arrangements.<br />
Article 28<br />
1. States Parties recognize the right of the child to education, and with a view to achieving this right<br />
progressively and on the basis of equal opportunity, they shall, in particular:<br />
(a) Make primary education compulsory and available free to all;<br />
(b) Encourage the development of different forms of secondary education, including general and<br />
vocational education, make them available and accessible to every child, and take appropriate<br />
measures such as the introduction of free education and offering financial assistance in case of need;<br />
(c) Make higher education accessible to all on the basis of capacity by every appropriate means;<br />
(d) Make educational and vocational information and guidance available and accessible to all children;<br />
(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.<br />
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in<br />
a manner consistent with the child's human dignity and in conformity with the present Convention.<br />
3. States Parties shall promote and encourage international cooperation in matters relating to<br />
education, in particular with a view to contributing to the elimination of ignorance and illiteracy<br />
9<br />
throughout the world and facilitating access to scientific and technical knowledge and modern teaching<br />
methods. In this regard, particular account shall be taken of the needs of developing countries.<br />
Article 29<br />
1. States Parties agree that the education of the child shall be directed to:<br />
(a) The development of the child's personality, talents and mental and physical abilities to their fullest<br />
potential;<br />
(b) The development of respect for human rights and fundamental freedoms, and for the principles<br />
enshrined in the Charter of the United Nations;<br />
(c) The development of respect for the child's parents, his or her own cultural identity, language and<br />
values, for the national values of the country in which the child is living, the country from which he or<br />
she may originate, and for civilizations different from his or her own;<br />
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding,<br />
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious<br />
groups and persons of indigenous origin;<br />
(e) The development of respect for the natural environment.<br />
2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of<br />
individuals and bodies to establish and direct educational institutions, subject always to the observance<br />
of the principle set forth in paragraph 1 of the present article and to the requirements that the<br />
education given in such institutions shall conform to such minimum standards as may be laid down by<br />
the State.<br />
Article 30<br />
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a<br />
child belonging to such a minority or who is indigenous shall not be denied the right, in community<br />
with other members of his or her group, to enjoy his or her own culture, to profess and practise his or<br />
her own religion, or to use his or her own language.<br />
Article 31<br />
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational<br />
activities appropriate to the age of the child and to participate freely in cultural life and the arts.<br />
2. States Parties shall respect and promote the right of the child to participate fully in cultural and<br />
artistic life and shall encourage the provision of appropriate and equal opportunities for cultural,<br />
artistic, recreational and leisure activity.<br />
Article 32<br />
1. States Parties recognize the right of the child to be protected from economic exploitation and from<br />
performing any work that is likely to be hazardous or to interfere with the child's education, or to be<br />
harmful to the child's health or physical, mental, spiritual, moral or social development.<br />
2. States Parties shall take legislative, administrative, social and educational measures to ensure the<br />
implementation of the present article. To this end, and having regard to the relevant provisions of<br />
other international instruments, States Parties shall in particular:<br />
(a) Provide for a minimum age or minimum ages for admission to employment;<br />
(b) Provide for appropriate regulation of the hours and conditions of employment;<br />
10<br />
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the<br />
present article.<br />
Article 33<br />
States Parties shall take all appropriate measures, including legislative, administrative, social and<br />
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic<br />
substances as defined in the relevant international treaties, and to prevent the use of children in the<br />
illicit production and trafficking of such substances.<br />
Article 34<br />
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.<br />
For these purposes, States Parties shall in particular take all appropriate national, bilateral and<br />
multilateral measures to prevent:<br />
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;<br />
(b) The exploitative use of children in prostitution or other unlawful sexual practices;<br />
(c) The exploitative use of children in pornographic performances and materials.<br />
Article 35<br />
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the<br />
abduction of, the sale of or traffic in children for any purpose or in any form.<br />
Article 36<br />
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of<br />
the child's welfare.<br />
Article 37<br />
States Parties shall ensure that:<br />
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or<br />
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be<br />
imposed for offences committed by persons below eighteen years of age;<br />
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or<br />
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last<br />
resort and for the shortest appropriate period of time;<br />
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of<br />
the human person, and in a manner which takes into account the needs of persons of his or her age.<br />
In particular, every child deprived of liberty shall be separated from adults unless it is considered in<br />
the child's best interest not to do so and shall have the right to maintain contact with his or her family<br />
through correspondence and visits, save in exceptional circumstances;<br />
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other<br />
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her<br />
liberty before a court or other competent, independent and impartial authority, and to a prompt<br />
decision on any such action.<br />
Article 38<br />
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law<br />
applicable to them in armed conflicts which are relevant to the child.<br />
11<br />
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age<br />
of fifteen years do not take a direct part in hostilities.<br />
3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years<br />
into their armed forces. In recruiting among those persons who have attained the age of fifteen years<br />
but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to<br />
those who are oldest.<br />
4. In accordance with their obligations under international humanitarian law to protect the civilian<br />
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and<br />
care of children who are affected by an armed conflict.<br />
Article 39<br />
States Parties shall take all appropriate measures to promote physical and psychological recovery and<br />
social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any<br />
other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery<br />
and reintegration shall take place in an environment which fosters the health, self-respect and dignity<br />
of the child.<br />
Article 40<br />
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having<br />
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of<br />
dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms<br />
of others and which takes into account the child's age and the desirability of promoting the child's<br />
reintegration and the child's assuming a constructive role in society.<br />
2. To this end, and having regard to the relevant provisions of international instruments, States Parties<br />
shall, in particular, ensure that:<br />
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by<br />
reason of acts or omissions that were not prohibited by national or international law at the time they<br />
were committed;<br />
(b) Every child alleged as or accused of having infringed the penal law has at least the following<br />
guarantees:<br />
(i) To be presumed innocent until proven guilty according to law;<br />
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,<br />
through his or her parents or legal guardians, and to have legal or other appropriate assistance in the<br />
preparation and presentation of his or her defence;<br />
(iii) To have the matter determined without delay by a competent, independent and impartial authority<br />
or judicial body in a fair hearing according to law, in the presence of legal or other appropriate<br />
assistance and, unless it is considered not to be in the best interest of the child, in particular, taking<br />
into account his or her age or situation, his or her parents or legal guardians;<br />
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse<br />
witnesses and to obtain the participation and examination of witnesses on his or her behalf under<br />
conditions of equality;<br />
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in<br />
consequence thereof reviewed by a higher competent, independent and impartial authority or judicial<br />
body according to law;<br />
12<br />
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language<br />
used;<br />
(vii) To have his or her privacy fully respected at all stages of the proceedings.<br />
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and<br />
institutions specifically applicable to children alleged as, accused of, or recognized as having infringed<br />
the penal law, and, in particular:<br />
(a) The establishment of a minimum age below which children shall be presumed not to have the<br />
capacity to infringe the penal law;<br />
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to<br />
judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety<br />
of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care;<br />
education and vocational training programmes and other alternatives to institutional care shall be<br />
available to ensure that children are dealt with in a manner appropriate to their well-being and<br />
proportionate both to their circumstances and the offence.<br />
Article 41<br />
Nothing in the present Convention shall affect any provisions which are more conducive to the<br />
realization of the rights of the child and which may be contained in:<br />
(a) The law of a State party; or<br />
(b) International law in force for that State.<br />
PART II<br />
Article 42<br />
States Parties undertake to make the principles and provisions of the Convention widely known, by<br />
appropriate and active means, to adults and children alike.<br />
Article 43<br />
1. For the purpose of examining the progress made by States Parties in achieving the realization of the<br />
obligations undertaken in the present Convention, there shall be established a Committee on the<br />
Rights of the Child, which shall carry out the functions hereinafter provided.<br />
2. The Committee shall consist of ten experts of high moral standing and recognized competence in<br />
the field covered by this Convention. The members of the Committee shall be elected by States Parties<br />
from among their nationals and shall serve in their personal capacity, consideration being given to<br />
equitable geographical distribution, as well as to the principal legal systems.<br />
3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by<br />
States Parties. Each State Party may nominate one person from among its own nationals.<br />
4. The initial election to the Committee shall be held no later than six months after the date of the<br />
entry into force of the present Convention and thereafter every second year. At least four months<br />
before the date of each election, the Secretary-General of the United Nations shall address a letter to<br />
States Parties inviting them to submit their nominations within two months. The Secretary-General<br />
shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States<br />
Parties which have nominated them, and shall submit it to the States Parties to the present<br />
Convention.<br />
5. The elections shall be held at meetings of States Parties convened by the Secretary-General at<br />
United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute<br />
13<br />
a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes<br />
and an absolute majority of the votes of the representatives of States Parties present and voting.<br />
6. The members of the Committee shall be elected for a term of four years. They shall be eligible for<br />
re-election if renominated. The term of five of the members elected at the first election shall expire at<br />
the end of two years; immediately after the first election, the names of these five members shall be<br />
chosen by lot by the Chairman of the meeting.<br />
7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no<br />
longer perform the duties of the Committee, the State Party which nominated the member shall<br />
appoint another expert from among its nationals to serve for the remainder of the term, subject to the<br />
approval of the Committee.<br />
8. The Committee shall establish its own rules of procedure.<br />
9. The Committee shall elect its officers for a period of two years.<br />
10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any<br />
other convenient place as determined by the Committee. The Committee shall normally meet annually.<br />
The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a<br />
meeting of the States Parties to the present Convention, subject to the approval of the General<br />
Assembly.<br />
11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the<br />
effective performance of the functions of the Committee under the present Convention.<br />
12. With the approval of the General Assembly, the members of the Committee established under the<br />
present Convention shall receive emoluments from United Nations resources on such terms and<br />
conditions as the Assembly may decide.<br />
Article 44<br />
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United<br />
Nations, reports on the measures they have adopted which give effect to the rights recognized herein<br />
and on the progress made on the enjoyment of those rights<br />
(a) Within two years of the entry into force of the Convention for the State Party concerned;<br />
(b) Thereafter every five years.<br />
2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the<br />
degree of fulfilment of the obligations under the present Convention. Reports shall also contain<br />
sufficient information to provide the Committee with a comprehensive understanding of the<br />
implementation of the Convention in the country concerned.<br />
3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its<br />
subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic<br />
information previously provided.<br />
4. The Committee may request from States Parties further information relevant to the implementation<br />
of the Convention.<br />
5. The Committee shall submit to the General Assembly, through the Economic and Social Council,<br />
every two years, reports on its activities.<br />
6. States Parties shall make their reports widely available to the public in their own countries.<br />
Article 45<br />
14<br />
In order to foster the effective implementation of the Convention and to encourage international cooperation<br />
in the field covered by the Convention:<br />
(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall<br />
be entitled to be represented at the consideration of the implementation of such provisions of the<br />
present Convention as fall within the scope of their mandate. The Committee may invite the<br />
specialized agencies, the United Nations Children's Fund and other competent bodies as it may<br />
consider appropriate to provide expert advice on the implementation of the Convention in areas falling<br />
within the scope of their respective mandates. The Committee may invite the specialized agencies, the<br />
United Nations Children's Fund, and other United Nations organs to submit reports on the<br />
implementation of the Convention in areas falling within the scope of their activities;<br />
(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the<br />
United Nations Children's Fund and other competent bodies, any reports from States Parties that<br />
contain a request, or indicate a need, for technical advice or assistance, along with the Committee's<br />
observations and suggestions, if any, on these requests or indications;<br />
(c) The Committee may recommend to the General Assembly to request the Secretary-General to<br />
undertake on its behalf studies on specific issues relating to the rights of the child;<br />
(d) The Committee may make suggestions and general recommendations based on information<br />
received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general<br />
recommendations shall be transmitted to any State Party concerned and reported to the General<br />
Assembly, together with comments, if any, from States Parties.<br />
PART III<br />
Article 46<br />
The present Convention shall be open for signature by all States.<br />
Article 47<br />
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the<br />
Secretary-General of the United Nations.<br />
Article 48<br />
The present Convention shall remain open for accession by any State. The instruments of accession<br />
shall be deposited with the Secretary-General of the United Nations.<br />
Article 49<br />
1. The present Convention shall enter into force on the thirtieth day following the date of deposit with<br />
the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.<br />
2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument<br />
of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit<br />
by such State of its instrument of ratification or accession.<br />
Article 50<br />
1. Any State Party may propose an amendment and file it with the Secretary-General of the United<br />
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States<br />
Parties, with a request that they indicate whether they favour a conference of States Parties for the<br />
purpose of considering and voting upon the proposals. In the event that, within four months from the<br />
date of such communication, at least one third of the States Parties favour such a conference, the<br />
Secretary-General shall convene the conference under the auspices of the United Nations. Any<br />
15<br />
amendment adopted by a majority of States Parties present and voting at the conference shall be<br />
submitted to the General Assembly for approval.<br />
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force<br />
when it has been approved by the General Assembly of the United Nations and accepted by a twothirds<br />
majority of States Parties.<br />
3. When an amendment enters into force, it shall be binding on those States Parties which have<br />
accepted it, other States Parties still being bound by the provisions of the present Convention and any<br />
earlier amendments which they have accepted.<br />
Article 51<br />
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of<br />
reservations made by States at the time of ratification or accession.<br />
2. A reservation incompatible with the object and purpose of the present Convention shall not be<br />
permitted.<br />
3. Reservations may be withdrawn at any time by notification to that effect addressed to the<br />
Secretary-General of the United Nations, who shall then inform all States. Such notification shall take<br />
effect on the date on which it is received by the Secretary-General<br />
Article 52<br />
A State Party may denounce the present Convention by written notification to the Secretary-General of<br />
the United Nations. Denunciation becomes effective one year after the date of receipt of the<br />
notification by the Secretary-General.<br />
Article 53<br />
The Secretary-General of the United Nations is designated as the depositary of the present<br />
Convention.<br />
Article 54<br />
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and<br />
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United<br />
Nations. IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by<br />
their respective governments, have signed the present Convention.</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=United_Nations_Convention_on_the_Rights_of_the_Child&diff=6825United Nations Convention on the Rights of the Child2010-11-10T14:07:19Z<p>Cmattesich: Created page with "Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 Sep..."</p>
<hr />
<div>Convention on the Rights of the Child<br />
Adopted and opened for signature, ratification and accession by General Assembly<br />
resolution 44/25 of 20 November 1989<br />
entry into force 2 September 1990, in accordance with article 49<br />
Preamble<br />
The States Parties to the present Convention,<br />
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,<br />
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human<br />
family is the foundation of freedom, justice and peace in the world,<br />
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in<br />
fundamental human rights and in the dignity and worth of the human person, and have determined to<br />
promote social progress and better standards of life in larger freedom,<br />
Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the<br />
International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the<br />
rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex,<br />
language, religion, political or other opinion, national or social origin, property, birth or other status,<br />
Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that<br />
childhood is entitled to special care and assistance,<br />
Convinced that the family, as the fundamental group of society and the natural environment for the<br />
growth and well-being of all its members and particularly children, should be afforded the necessary<br />
protection and assistance so that it can fully assume its responsibilities within the community,<br />
Recognizing that the child, for the full and harmonious development of his or her personality, should<br />
grow up in a family environment, in an atmosphere of happiness, love and understanding,<br />
Considering that the child should be fully prepared to live an individual life in society, and brought up<br />
in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit<br />
of peace, dignity, tolerance, freedom, equality and solidarity,<br />
Bearing in mind that the need to extend particular care to the child has been stated in the Geneva<br />
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted<br />
by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human<br />
Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in<br />
the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in<br />
the statutes and relevant instruments of specialized agencies and international organizations<br />
concerned with the welfare of children,<br />
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of<br />
his physical and mental immaturity, needs special safeguards and care, including appropriate legal<br />
protection, before as well as after birth",<br />
Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and<br />
Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and<br />
Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice<br />
(The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and<br />
Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally<br />
difficult conditions, and that such children need special consideration,<br />
2<br />
Taking due account of the importance of the traditions and cultural values of each people for the<br />
protection and harmonious development of the child, Recognizing the importance of international cooperation<br />
for improving the living conditions of children in every country, in particular in the<br />
developing countries,<br />
Have agreed as follows:<br />
PART I<br />
Article 1<br />
For the purposes of the present Convention, a child means every human being below the age of<br />
eighteen years unless under the law applicable to the child, majority is attained earlier.<br />
Article 2<br />
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child<br />
within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her<br />
parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national,<br />
ethnic or social origin, property, disability, birth or other status.<br />
2. States Parties shall take all appropriate measures to ensure that the child is protected against all<br />
forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or<br />
beliefs of the child's parents, legal guardians, or family members.<br />
Article 3<br />
1. In all actions concerning children, whether undertaken by public or private social welfare<br />
institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child<br />
shall be a primary consideration.<br />
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her<br />
well-being, taking into account the rights and duties of his or her parents, legal guardians, or other<br />
individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and<br />
administrative measures.<br />
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or<br />
protection of children shall conform with the standards established by competent authorities,<br />
particularly in the areas of safety, health, in the number and suitability of their staff, as well as<br />
competent supervision.<br />
Article 4<br />
States Parties shall undertake all appropriate legislative, administrative, and other measures for the<br />
implementation of the rights recognized in the present Convention. With regard to economic, social<br />
and cultural rights, States Parties shall undertake such measures to the maximum extent of their<br />
available resources and, where needed, within the framework of international co-operation.<br />
Article 5<br />
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the<br />
members of the extended family or community as provided for by local custom, legal guardians or<br />
other persons legally responsible for the child, to provide, in a manner consistent with the evolving<br />
capacities of the child, appropriate direction and guidance in the exercise by the child of the rights<br />
recognized in the present Convention.<br />
Article 6<br />
3<br />
1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure<br />
to the maximum extent possible the survival and development of the child.<br />
Article 7<br />
1. The child shall be registered immediately after birth and shall have the right from birth to a name,<br />
the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or<br />
her parents.<br />
2. States Parties shall ensure the implementation of these rights in accordance with their national law<br />
and their obligations under the relevant international instruments in this field, in particular where the<br />
child would otherwise be stateless.<br />
Article 8<br />
1. States Parties undertake to respect the right of the child to preserve his or her identity, including<br />
nationality, name and family relations as recognized by law without unlawful interference.<br />
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties<br />
shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her<br />
identity.<br />
Article 9<br />
1. States Parties shall ensure that a child shall not be separated from his or her parents against their<br />
will, except when competent authorities subject to judicial review determine, in accordance with<br />
applicable law and procedures, that such separation is necessary for the best interests of the child.<br />
Such determination may be necessary in a particular case such as one involving abuse or neglect of<br />
the child by the parents, or one where the parents are living separately and a decision must be made<br />
as to the child's place of residence.<br />
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be<br />
given an opportunity to participate in the proceedings and make their views known.<br />
3. States Parties shall respect the right of the child who is separated from one or both parents to<br />
maintain personal relations and direct contact with both parents on a regular basis, except if it is<br />
contrary to the child's best interests.<br />
4. Where such separation results from any action initiated by a State Party, such as the detention,<br />
imprisonment, exile, deportation or death (including death arising from any cause while the person is<br />
in the custody of the State) of one or both parents or of the child, that State Party shall, upon request,<br />
provide the parents, the child or, if appropriate, another member of the family with the essential<br />
information concerning the whereabouts of the absent member(s) of the family unless the provision of<br />
the information would be detrimental to the well-being of the child. States Parties shall further ensure<br />
that the submission of such a request shall of itself entail no adverse consequences for the person(s)<br />
concerned.<br />
Article 10<br />
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a<br />
child or his or her parents to enter or leave a State Party for the purpose of family reunification shall<br />
be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall<br />
further ensure that the submission of such a request shall entail no adverse consequences for the<br />
applicants and for the members of their family.<br />
2. A child whose parents reside in different States shall have the right to maintain on a regular basis,<br />
save in exceptional circumstances personal relations and direct contacts with both parents. Towards<br />
that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States<br />
Parties shall respect the right of the child and his or her parents to leave any country, including their<br />
4<br />
own, and to enter their own country. The right to leave any country shall be subject only to such<br />
restrictions as are prescribed by law and which are necessary to protect the national security, public<br />
order (ordre public), public health or morals or the rights and freedoms of others and are consistent<br />
with the other rights recognized in the present Convention.<br />
Article 11<br />
1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.<br />
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or<br />
accession to existing agreements.<br />
Article 12<br />
1. States Parties shall assure to the child who is capable of forming his or her own views the right to<br />
express those views freely in all matters affecting the child, the views of the child being given due<br />
weight in accordance with the age and maturity of the child.<br />
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial<br />
and administrative proceedings affecting the child, either directly, or through a representative or an<br />
appropriate body, in a manner consistent with the procedural rules of national law.<br />
Article 13<br />
1. The child shall have the right to freedom of expression; this right shall include freedom to seek,<br />
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or<br />
in print, in the form of art, or through any other media of the child's choice.<br />
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are<br />
provided by law and are necessary:<br />
(a) For respect of the rights or reputations of others; or<br />
(b) For the protection of national security or of public order (ordre public), or of public health or<br />
morals.<br />
Article 14<br />
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.<br />
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal<br />
guardians, to provide direction to the child in the exercise of his or her right in a manner consistent<br />
with the evolving capacities of the child.<br />
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are<br />
prescribed by law and are necessary to protect public safety, order, health or morals, or the<br />
fundamental rights and freedoms of others.<br />
Article 15<br />
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful<br />
assembly.<br />
2. No restrictions may be placed on the exercise of these rights other than those imposed in<br />
conformity with the law and which are necessary in a democratic society in the interests of national<br />
security or public safety, public order (ordre public), the protection of public health or morals or the<br />
protection of the rights and freedoms of others.<br />
Article 16<br />
5<br />
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home<br />
or correspondence, nor to unlawful attacks on his or her honour and reputation.<br />
2. The child has the right to the protection of the law against such interference or attacks.<br />
Article 17<br />
States Parties recognize the important function performed by the mass media and shall ensure that the<br />
child has access to information and material from a diversity of national and international sources,<br />
especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical<br />
and mental health.<br />
To this end, States Parties shall:<br />
(a) Encourage the mass media to disseminate information and material of social and cultural benefit to<br />
the child and in accordance with the spirit of article 29;<br />
(b) Encourage international co-operation in the production, exchange and dissemination of such<br />
information and material from a diversity of cultural, national and international sources;<br />
(c) Encourage the production and dissemination of children's books;<br />
(d) Encourage the mass media to have particular regard to the linguistic needs of the child who<br />
belongs to a minority group or who is indigenous;<br />
(e) Encourage the development of appropriate guidelines for the protection of the child from<br />
information and material injurious to his or her well-being, bearing in mind the provisions of articles 13<br />
and 18.<br />
Article 18<br />
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents<br />
have common responsibilities for the upbringing and development of the child. Parents or, as the case<br />
may be, legal guardians, have the primary responsibility for the upbringing and development of the<br />
child. The best interests of the child will be their basic concern.<br />
2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention,<br />
States Parties shall render appropriate assistance to parents and legal guardians in the performance of<br />
their child-rearing responsibilities and shall ensure the development of institutions, facilities and<br />
services for the care of children.<br />
3. States Parties shall take all appropriate measures to ensure that children of working parents have<br />
the right to benefit from child-care services and facilities for which they are eligible.<br />
Article 19<br />
1. States Parties shall take all appropriate legislative, administrative, social and educational measures<br />
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent<br />
treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal<br />
guardian(s) or any other person who has the care of the child.<br />
2. Such protective measures should, as appropriate, include effective procedures for the establishment<br />
of social programmes to provide necessary support for the child and for those who have the care of the<br />
child, as well as for other forms of prevention and for identification, reporting, referral, investigation,<br />
treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,<br />
for judicial involvement.<br />
Article 20<br />
6<br />
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best<br />
interests cannot be allowed to remain in that environment, shall be entitled to special protection and<br />
assistance provided by the State.<br />
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.<br />
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary<br />
placement in suitable institutions for the care of children. When considering solutions, due regard shall<br />
be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious,<br />
cultural and linguistic background.<br />
Article 21<br />
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests<br />
of the child shall be the paramount consideration and they shall:<br />
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in<br />
accordance with applicable law and procedures and on the basis of all pertinent and reliable<br />
information, that the adoption is permissible in view of the child's status concerning parents, relatives<br />
and legal guardians and that, if required, the persons concerned have given their informed consent to<br />
the adoption on the basis of such counselling as may be necessary;<br />
(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if<br />
the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared<br />
for in the child's country of origin;<br />
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards<br />
equivalent to those existing in the case of national adoption;<br />
(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not<br />
result in improper financial gain for those involved in it;<br />
(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or<br />
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the<br />
placement of the child in another country is carried out by competent authorities or organs.<br />
Article 22<br />
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status<br />
or who is considered a refugee in accordance with applicable international or domestic law and<br />
procedures shall, whether unaccompanied or accompanied by his or her parents or by any other<br />
person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable<br />
rights set forth in the present Convention and in other international human rights or humanitarian<br />
instruments to which the said States are Parties.<br />
2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any<br />
efforts by the United Nations and other competent intergovernmental organizations or nongovernmental<br />
organizations co-operating with the United Nations to protect and assist such a child and<br />
to trace the parents or other members of the family of any refugee child in order to obtain information<br />
necessary for reunification with his or her family. In cases where no parents or other members of the<br />
family can be found, the child shall be accorded the same protection as any other child permanently or<br />
temporarily deprived of his or her family environment for any reason , as set forth in the present<br />
Convention.<br />
Article 23<br />
7<br />
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent<br />
life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active<br />
participation in the community.<br />
2. States Parties recognize the right of the disabled child to special care and shall encourage and<br />
ensure the extension, subject to available resources, to the eligible child and those responsible for his<br />
or her care, of assistance for which application is made and which is appropriate to the child's condition<br />
and to the circumstances of the parents or others caring for the child.<br />
3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph<br />
2 of the present article shall be provided free of charge, whenever possible, taking into account the<br />
financial resources of the parents or others caring for the child, and shall be designed to ensure that<br />
the disabled child has effective access to and receives education, training, health care services,<br />
rehabilitation services, preparation for employment and recreation opportunities in a manner conducive<br />
to the child's achieving the fullest possible social integration and individual development, including his<br />
or her cultural and spiritual development<br />
4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate<br />
information in the field of preventive health care and of medical, psychological and functional<br />
treatment of disabled children, including dissemination of and access to information concerning<br />
methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to<br />
improve their capabilities and skills and to widen their experience in these areas. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
Article 24<br />
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of<br />
health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall<br />
strive to ensure that no child is deprived of his or her right of access to such health care services.<br />
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate<br />
measures:<br />
(a) To diminish infant and child mortality;<br />
(b) To ensure the provision of necessary medical assistance and health care to all children with<br />
emphasis on the development of primary health care;<br />
(c) To combat disease and malnutrition, including within the framework of primary health care,<br />
through, inter alia, the application of readily available technology and through the provision of<br />
adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of<br />
environmental pollution;<br />
(d) To ensure appropriate pre-natal and post-natal health care for mothers;<br />
(e) To ensure that all segments of society, in particular parents and children, are informed, have<br />
access to education and are supported in the use of basic knowledge of child health and nutrition, the<br />
advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;<br />
(f) To develop preventive health care, guidance for parents and family planning education and<br />
services.<br />
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional<br />
practices prejudicial to the health of children.<br />
4. States Parties undertake to promote and encourage international co-operation with a view to<br />
achieving progressively the full realization of the right recognized in the present article. In this regard,<br />
particular account shall be taken of the needs of developing countries.<br />
8<br />
Article 25<br />
States Parties recognize the right of a child who has been placed by the competent authorities for the<br />
purposes of care, protection or treatment of his or her physical or mental health, to a periodic review<br />
of the treatment provided to the child and all other circumstances relevant to his or her placement.<br />
Article 26<br />
1. States Parties shall recognize for every child the right to benefit from social security, including social<br />
insurance, and shall take the necessary measures to achieve the full realization of this right in<br />
accordance with their national law.<br />
2. The benefits should, where appropriate, be granted, taking into account the resources and the<br />
circumstances of the child and persons having responsibility for the maintenance of the child, as well<br />
as any other consideration relevant to an application for benefits made by or on behalf of the child.<br />
Article 27<br />
1. States Parties recognize the right of every child to a standard of living adequate for the child's<br />
physical, mental, spiritual, moral and social development.<br />
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within<br />
their abilities and financial capacities, the conditions of living necessary for the child's development.<br />
3. States Parties, in accordance with national conditions and within their means, shall take appropriate<br />
measures to assist parents and others responsible for the child to implement this right and shall in<br />
case of need provide material assistance and support programmes, particularly with regard to<br />
nutrition, clothing and housing.<br />
4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the<br />
child from the parents or other persons having financial responsibility for the child, both within the<br />
State Party and from abroad. In particular, where the person having financial responsibility for the<br />
child lives in a State different from that of the child, States Parties shall promote the accession to<br />
international agreements or the conclusion of such agreements, as well as the making of other<br />
appropriate arrangements.<br />
Article 28<br />
1. States Parties recognize the right of the child to education, and with a view to achieving this right<br />
progressively and on the basis of equal opportunity, they shall, in particular:<br />
(a) Make primary education compulsory and available free to all;<br />
(b) Encourage the development of different forms of secondary education, including general and<br />
vocational education, make them available and accessible to every child, and take appropriate<br />
measures such as the introduction of free education and offering financial assistance in case of need;<br />
(c) Make higher education accessible to all on the basis of capacity by every appropriate means;<br />
(d) Make educational and vocational information and guidance available and accessible to all children;<br />
(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.<br />
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in<br />
a manner consistent with the child's human dignity and in conformity with the present Convention.<br />
3. States Parties shall promote and encourage international cooperation in matters relating to<br />
education, in particular with a view to contributing to the elimination of ignorance and illiteracy<br />
9<br />
throughout the world and facilitating access to scientific and technical knowledge and modern teaching<br />
methods. In this regard, particular account shall be taken of the needs of developing countries.<br />
Article 29<br />
1. States Parties agree that the education of the child shall be directed to:<br />
(a) The development of the child's personality, talents and mental and physical abilities to their fullest<br />
potential;<br />
(b) The development of respect for human rights and fundamental freedoms, and for the principles<br />
enshrined in the Charter of the United Nations;<br />
(c) The development of respect for the child's parents, his or her own cultural identity, language and<br />
values, for the national values of the country in which the child is living, the country from which he or<br />
she may originate, and for civilizations different from his or her own;<br />
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding,<br />
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious<br />
groups and persons of indigenous origin;<br />
(e) The development of respect for the natural environment.<br />
2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of<br />
individuals and bodies to establish and direct educational institutions, subject always to the observance<br />
of the principle set forth in paragraph 1 of the present article and to the requirements that the<br />
education given in such institutions shall conform to such minimum standards as may be laid down by<br />
the State.<br />
Article 30<br />
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a<br />
child belonging to such a minority or who is indigenous shall not be denied the right, in community<br />
with other members of his or her group, to enjoy his or her own culture, to profess and practise his or<br />
her own religion, or to use his or her own language.<br />
Article 31<br />
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational<br />
activities appropriate to the age of the child and to participate freely in cultural life and the arts.<br />
2. States Parties shall respect and promote the right of the child to participate fully in cultural and<br />
artistic life and shall encourage the provision of appropriate and equal opportunities for cultural,<br />
artistic, recreational and leisure activity.<br />
Article 32<br />
1. States Parties recognize the right of the child to be protected from economic exploitation and from<br />
performing any work that is likely to be hazardous or to interfere with the child's education, or to be<br />
harmful to the child's health or physical, mental, spiritual, moral or social development.<br />
2. States Parties shall take legislative, administrative, social and educational measures to ensure the<br />
implementation of the present article. To this end, and having regard to the relevant provisions of<br />
other international instruments, States Parties shall in particular:<br />
(a) Provide for a minimum age or minimum ages for admission to employment;<br />
(b) Provide for appropriate regulation of the hours and conditions of employment;<br />
10<br />
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the<br />
present article.<br />
Article 33<br />
States Parties shall take all appropriate measures, including legislative, administrative, social and<br />
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic<br />
substances as defined in the relevant international treaties, and to prevent the use of children in the<br />
illicit production and trafficking of such substances.<br />
Article 34<br />
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.<br />
For these purposes, States Parties shall in particular take all appropriate national, bilateral and<br />
multilateral measures to prevent:<br />
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;<br />
(b) The exploitative use of children in prostitution or other unlawful sexual practices;<br />
(c) The exploitative use of children in pornographic performances and materials.<br />
Article 35<br />
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the<br />
abduction of, the sale of or traffic in children for any purpose or in any form.<br />
Article 36<br />
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of<br />
the child's welfare.<br />
Article 37<br />
States Parties shall ensure that:<br />
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or<br />
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be<br />
imposed for offences committed by persons below eighteen years of age;<br />
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or<br />
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last<br />
resort and for the shortest appropriate period of time;<br />
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of<br />
the human person, and in a manner which takes into account the needs of persons of his or her age.<br />
In particular, every child deprived of liberty shall be separated from adults unless it is considered in<br />
the child's best interest not to do so and shall have the right to maintain contact with his or her family<br />
through correspondence and visits, save in exceptional circumstances;<br />
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other<br />
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her<br />
liberty before a court or other competent, independent and impartial authority, and to a prompt<br />
decision on any such action.<br />
Article 38<br />
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law<br />
applicable to them in armed conflicts which are relevant to the child.<br />
11<br />
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age<br />
of fifteen years do not take a direct part in hostilities.<br />
3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years<br />
into their armed forces. In recruiting among those persons who have attained the age of fifteen years<br />
but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to<br />
those who are oldest.<br />
4. In accordance with their obligations under international humanitarian law to protect the civilian<br />
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and<br />
care of children who are affected by an armed conflict.<br />
Article 39<br />
States Parties shall take all appropriate measures to promote physical and psychological recovery and<br />
social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any<br />
other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery<br />
and reintegration shall take place in an environment which fosters the health, self-respect and dignity<br />
of the child.<br />
Article 40<br />
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having<br />
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of<br />
dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms<br />
of others and which takes into account the child's age and the desirability of promoting the child's<br />
reintegration and the child's assuming a constructive role in society.<br />
2. To this end, and having regard to the relevant provisions of international instruments, States Parties<br />
shall, in particular, ensure that:<br />
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by<br />
reason of acts or omissions that were not prohibited by national or international law at the time they<br />
were committed;<br />
(b) Every child alleged as or accused of having infringed the penal law has at least the following<br />
guarantees:<br />
(i) To be presumed innocent until proven guilty according to law;<br />
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate,<br />
through his or her parents or legal guardians, and to have legal or other appropriate assistance in the<br />
preparation and presentation of his or her defence;<br />
(iii) To have the matter determined without delay by a competent, independent and impartial authority<br />
or judicial body in a fair hearing according to law, in the presence of legal or other appropriate<br />
assistance and, unless it is considered not to be in the best interest of the child, in particular, taking<br />
into account his or her age or situation, his or her parents or legal guardians;<br />
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse<br />
witnesses and to obtain the participation and examination of witnesses on his or her behalf under<br />
conditions of equality;<br />
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in<br />
consequence thereof reviewed by a higher competent, independent and impartial authority or judicial<br />
body according to law;<br />
12<br />
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language<br />
used;<br />
(vii) To have his or her privacy fully respected at all stages of the proceedings.<br />
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and<br />
institutions specifically applicable to children alleged as, accused of, or recognized as having infringed<br />
the penal law, and, in particular:<br />
(a) The establishment of a minimum age below which children shall be presumed not to have the<br />
capacity to infringe the penal law;<br />
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to<br />
judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety<br />
of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care;<br />
education and vocational training programmes and other alternatives to institutional care shall be<br />
available to ensure that children are dealt with in a manner appropriate to their well-being and<br />
proportionate both to their circumstances and the offence.<br />
Article 41<br />
Nothing in the present Convention shall affect any provisions which are more conducive to the<br />
realization of the rights of the child and which may be contained in:<br />
(a) The law of a State party; or<br />
(b) International law in force for that State.<br />
PART II<br />
Article 42<br />
States Parties undertake to make the principles and provisions of the Convention widely known, by<br />
appropriate and active means, to adults and children alike.<br />
Article 43<br />
1. For the purpose of examining the progress made by States Parties in achieving the realization of the<br />
obligations undertaken in the present Convention, there shall be established a Committee on the<br />
Rights of the Child, which shall carry out the functions hereinafter provided.<br />
2. The Committee shall consist of ten experts of high moral standing and recognized competence in<br />
the field covered by this Convention. The members of the Committee shall be elected by States Parties<br />
from among their nationals and shall serve in their personal capacity, consideration being given to<br />
equitable geographical distribution, as well as to the principal legal systems.<br />
3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by<br />
States Parties. Each State Party may nominate one person from among its own nationals.<br />
4. The initial election to the Committee shall be held no later than six months after the date of the<br />
entry into force of the present Convention and thereafter every second year. At least four months<br />
before the date of each election, the Secretary-General of the United Nations shall address a letter to<br />
States Parties inviting them to submit their nominations within two months. The Secretary-General<br />
shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States<br />
Parties which have nominated them, and shall submit it to the States Parties to the present<br />
Convention.<br />
5. The elections shall be held at meetings of States Parties convened by the Secretary-General at<br />
United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute<br />
13<br />
a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes<br />
and an absolute majority of the votes of the representatives of States Parties present and voting.<br />
6. The members of the Committee shall be elected for a term of four years. They shall be eligible for<br />
re-election if renominated. The term of five of the members elected at the first election shall expire at<br />
the end of two years; immediately after the first election, the names of these five members shall be<br />
chosen by lot by the Chairman of the meeting.<br />
7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no<br />
longer perform the duties of the Committee, the State Party which nominated the member shall<br />
appoint another expert from among its nationals to serve for the remainder of the term, subject to the<br />
approval of the Committee.<br />
8. The Committee shall establish its own rules of procedure.<br />
9. The Committee shall elect its officers for a period of two years.<br />
10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any<br />
other convenient place as determined by the Committee. The Committee shall normally meet annually.<br />
The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a<br />
meeting of the States Parties to the present Convention, subject to the approval of the General<br />
Assembly.<br />
11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the<br />
effective performance of the functions of the Committee under the present Convention.<br />
12. With the approval of the General Assembly, the members of the Committee established under the<br />
present Convention shall receive emoluments from United Nations resources on such terms and<br />
conditions as the Assembly may decide.<br />
Article 44<br />
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United<br />
Nations, reports on the measures they have adopted which give effect to the rights recognized herein<br />
and on the progress made on the enjoyment of those rights<br />
(a) Within two years of the entry into force of the Convention for the State Party concerned;<br />
(b) Thereafter every five years.<br />
2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the<br />
degree of fulfilment of the obligations under the present Convention. Reports shall also contain<br />
sufficient information to provide the Committee with a comprehensive understanding of the<br />
implementation of the Convention in the country concerned.<br />
3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its<br />
subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic<br />
information previously provided.<br />
4. The Committee may request from States Parties further information relevant to the implementation<br />
of the Convention.<br />
5. The Committee shall submit to the General Assembly, through the Economic and Social Council,<br />
every two years, reports on its activities.<br />
6. States Parties shall make their reports widely available to the public in their own countries.<br />
Article 45<br />
14<br />
In order to foster the effective implementation of the Convention and to encourage international cooperation<br />
in the field covered by the Convention:<br />
(a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall<br />
be entitled to be represented at the consideration of the implementation of such provisions of the<br />
present Convention as fall within the scope of their mandate. The Committee may invite the<br />
specialized agencies, the United Nations Children's Fund and other competent bodies as it may<br />
consider appropriate to provide expert advice on the implementation of the Convention in areas falling<br />
within the scope of their respective mandates. The Committee may invite the specialized agencies, the<br />
United Nations Children's Fund, and other United Nations organs to submit reports on the<br />
implementation of the Convention in areas falling within the scope of their activities;<br />
(b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the<br />
United Nations Children's Fund and other competent bodies, any reports from States Parties that<br />
contain a request, or indicate a need, for technical advice or assistance, along with the Committee's<br />
observations and suggestions, if any, on these requests or indications;<br />
(c) The Committee may recommend to the General Assembly to request the Secretary-General to<br />
undertake on its behalf studies on specific issues relating to the rights of the child;<br />
(d) The Committee may make suggestions and general recommendations based on information<br />
received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general<br />
recommendations shall be transmitted to any State Party concerned and reported to the General<br />
Assembly, together with comments, if any, from States Parties.<br />
PART III<br />
Article 46<br />
The present Convention shall be open for signature by all States.<br />
Article 47<br />
The present Convention is subject to ratification. Instruments of ratification shall be deposited with the<br />
Secretary-General of the United Nations.<br />
Article 48<br />
The present Convention shall remain open for accession by any State. The instruments of accession<br />
shall be deposited with the Secretary-General of the United Nations.<br />
Article 49<br />
1. The present Convention shall enter into force on the thirtieth day following the date of deposit with<br />
the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.<br />
2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument<br />
of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit<br />
by such State of its instrument of ratification or accession.<br />
Article 50<br />
1. Any State Party may propose an amendment and file it with the Secretary-General of the United<br />
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States<br />
Parties, with a request that they indicate whether they favour a conference of States Parties for the<br />
purpose of considering and voting upon the proposals. In the event that, within four months from the<br />
date of such communication, at least one third of the States Parties favour such a conference, the<br />
Secretary-General shall convene the conference under the auspices of the United Nations. Any<br />
15<br />
amendment adopted by a majority of States Parties present and voting at the conference shall be<br />
submitted to the General Assembly for approval.<br />
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force<br />
when it has been approved by the General Assembly of the United Nations and accepted by a twothirds<br />
majority of States Parties.<br />
3. When an amendment enters into force, it shall be binding on those States Parties which have<br />
accepted it, other States Parties still being bound by the provisions of the present Convention and any<br />
earlier amendments which they have accepted.<br />
Article 51<br />
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of<br />
reservations made by States at the time of ratification or accession.<br />
2. A reservation incompatible with the object and purpose of the present Convention shall not be<br />
permitted.<br />
3. Reservations may be withdrawn at any time by notification to that effect addressed to the<br />
Secretary-General of the United Nations, who shall then inform all States. Such notification shall take<br />
effect on the date on which it is received by the Secretary-General<br />
Article 52<br />
A State Party may denounce the present Convention by written notification to the Secretary-General of<br />
the United Nations. Denunciation becomes effective one year after the date of receipt of the<br />
notification by the Secretary-General.<br />
Article 53<br />
The Secretary-General of the United Nations is designated as the depositary of the present<br />
Convention.<br />
Article 54<br />
The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and<br />
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United<br />
Nations. IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by<br />
their respective governments, have signed the present Convention.</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=International_Law&diff=6814International Law2010-11-10T13:26:21Z<p>Cmattesich: </p>
<hr />
<div>==Courts==<br />
*[[International Court of Justice]] (The Hague, Netherlands)<br />
**ICJ Rules of Court<br />
*[[International Criminal Court]] (The Hague, Netherlands)<br />
**[[Rome Statute of the International Criminal Court]]<br />
*[[International Criminal Tribunal for the Former Yugoslavia]] (The Hague, Netherlands)<br />
*[[International Criminal Tribunal for Rwanda]] (Arusha, Tanzania)<br />
*[[Special Court for Sierra Leone]] (Freetown, Sierra Leone)<br />
<br />
==Treaties==<br />
===Background===<br />
Since the United Nations was founded in 1945, the various states have drafted several tools to facilitate international law. Several of those international tools are listed here, with a focus on criminal justice and prisoners' rights. Some of these tools are called "basic principals" while others are called "covenants". Generally speaking, principals are advisory, while covenants are binding on the states. The [[International Court of Justice]] provides remedies for violations of some of these covenants.<br />
<br />
===Torture===<br />
<br />
* [[Convention Against Torture]] and Other Cruel Inhuman or Degrading Treatment or Punishment<br />
* [[Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]]<br />
* [[Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]]<br />
* [[Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment]]<br />
* [[Inter-American Convention to Prevent and Punish the Crime of Torture]]<br />
<br />
===Prisoners' Rights and Sentencing Standards===<br />
<br />
* [[Basic Principles for the Treatment of Prisoners]]<br />
* [[Standard Minimum Rules for Treatment of Prisoners]]<br />
* [[United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)]]<br />
* [[Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment]]<br />
<br />
===Children's Rights===<br />
* [[United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)]]<br />
* [[United Nations Rules for the Protection of Juveniles Deprived of their Liberty]]<br />
* [[Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules)]]<br />
* [[United Nations Convention on the Rights of the Child]]<br />
<br />
===Other Important Treaties===<br />
* [[Convention on the Prevention and Punishment of the Crime of Genocide]]<br />
* [[International Covenant on Civil and Political Rights]]<br />
* [[American Convention on Human Rights]]<br />
* [[Second Optional Protocol to the International Covenant on Civil and Political Rights]]<br />
* [[Universal Declaration of Human Rights]]<br />
* [[United Nations Basic Principles on the Independence of the Judiciary Power]]<br />
* [[Convention for the Protection of Human Rights and Fundamental Freedoms]]<br />
* [[United Nations Code of Conduct for Law Enforcement Officials]]<br />
* [[Code of Conduct for Law Enforcement Officials]]<br />
* [[Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power]]<br />
* [[Basic Principles on the Role of Lawyers]]<br />
* [[Guidelines on the Role of Prosecutors]]<br />
* [[Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions]]<br />
* [[International Covenant for the Protection of All Persons from Enforced Disappearance]]<br />
* [[Basic Principles on the Use of Force and Firearms by Law Enforcement Officials]]<br />
* [[Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care]]<br />
* [[Common Article 3 of the four Geneva Conventions of 1949 and Additional Protocols I and II]]<br />
* [[Charter of Fundamental Rights of the European Union]]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6799Criminal Defense Resources on the Web2010-11-10T10:38:10Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.innocenceproject.org/ The Innocence Project]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.soros.org/initiatives/justice/ Open Society Justice Initiative]<br />
*[http://www.sentencingproject.org/template/index.cfm/ The Sentencing Project]<br />
*[http://www.unafei.or.jp/english/index.htm/ United Nations Asia and Far East Institute for the Prevention of Crimes and Treatment of Offenders]<br />
*[http://www.uncjin.org/ United Nations Crime and Justice Information Network]<br />
*[http://www.unicri.it/ United Nations Interregional Crime and Justice Research Institute]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]<br />
*[http://www.vera.org/topics/international/ Vera Institute of Justice]<br />
*[http://andromeda.rutgers.edu/~wcjlen/WCJ/index.htm/ World Criminal Justice Library Electronic Network]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6798Criminal Defense Resources on the Web2010-11-10T10:36:52Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.soros.org/initiatives/justice/ Open Society Justice Initiative]<br />
*[http://www.sentencingproject.org/template/index.cfm/ The Sentencing Project]<br />
*[http://www.unafei.or.jp/english/index.htm/ United Nations Asia and Far East Institute for the Prevention of Crimes and Treatment of Offenders]<br />
*[http://www.uncjin.org/ United Nations Crime and Justice Information Network]<br />
*[http://www.unicri.it/ United Nations Interregional Crime and Justice Research Institute]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]<br />
*[http://www.vera.org/topics/international/ Vera Institute of Justice]<br />
*[http://andromeda.rutgers.edu/~wcjlen/WCJ/index.htm/ World Criminal Justice Library Electronic Network]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6797Criminal Defense Resources on the Web2010-11-10T10:32:49Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.soros.org/initiatives/justice/ Open Society Justice Initiative]<br />
*[http://www.sentencingproject.org/template/index.cfm/ The Sentencing Project]<br />
*[http://www.unafei.or.jp/english/index.htm/ United Nations Asia and Far East Institute for the Prevention of Crimes and Treatment of Offenders]<br />
*[http://www.uncjin.org/ United Nations Crime and Justice Information Network]<br />
*[http://www.unicri.it/ United Nations Interregional Crime and Justice Research Institute]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]<br />
*[http://www.vera.org/topics/international/ Vera Institute of Justice]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6796Criminal Defense Resources on the Web2010-11-10T10:26:49Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.soros.org/initiatives/justice/ Open Society Justice Initiative]<br />
*[http://www.sentencingproject.org/template/index.cfm/ The Sentencing Project]<br />
*[http://www.unafei.or.jp/english/index.htm/ United Nations Asia and Far East Institute for the Prevention of Crimes and Treatment of Offenders]<br />
*[http://www.uncjin.org/ United Nations Crime and Justice Information Network]<br />
*[http://www.unicri.it/ United Nations Interregional Crime and Justice Research Institute]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6795Criminal Defense Resources on the Web2010-11-10T10:23:14Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.soros.org/initiatives/justice/ Open Society Justice Initiative]<br />
*[http://www.sentencingproject.org/template/index.cfm/ The Sentencing Project]<br />
*[http://www.unafei.or.jp/english/index.htm/ United Nations Asia and Far East Institute for the Prevention of Crimes and Treatment of Offenders]<br />
*[http://www.uncjin.org/ United Nations Crime and Justice Information Network]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6794Criminal Defense Resources on the Web2010-11-10T10:21:29Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.soros.org/initiatives/justice/ Open Society Justice Initiative]<br />
*[http://www.sentencingproject.org/template/index.cfm/ The Sentencing Project]<br />
*[http://www.uncjin.org/ United Nations Crime and Justice Information Network]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6793Criminal Defense Resources on the Web2010-11-10T10:18:45Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.soros.org/initiatives/justice/ Open Society Justice Initiative]<br />
*[http://www.sentencingproject.org/template/index.cfm/ The Sentencing Project]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6792Criminal Defense Resources on the Web2010-11-10T10:15:02Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.oicj.org/ Office of International Criminal Justice]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6791Criminal Defense Resources on the Web2010-11-10T10:11:00Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut Für Ausländisches und Internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6790Criminal Defense Resources on the Web2010-11-10T10:02:03Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.isrcl.org/ International Society for the Reform of Criminal Law]<br />
*[http://www.mpicc.de/ww/de/pub/home.cfm/ Max-Planck-Institut für ausländisches und internationales Strafrecht]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6789Criminal Defense Resources on the Web2010-11-10T09:59:56Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.isisc.org/ISISChome.asp/ International Institute of Higher Studies in Criminal Sciences]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6788Criminal Defense Resources on the Web2010-11-10T09:58:32Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.icclr.law.ubc.ca/ International Centre for Criminal Law Reform and Criminal Justice Policy]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6787Criminal Defense Resources on the Web2010-11-10T09:56:40Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/CDPC/ European Committee on Crime Problems]<br />
*[http://www.heuni.fi/ European Institute for Crime Prevention and Control]<br />
*[http://www.crim.cam.ac.uk/ Institute of Criminology]<br />
*[http://www.ifk.jura.uni-tuebingen.de/krimdok/index.html/ Institute for Kriminologie]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6786Criminal Defense Resources on the Web2010-11-10T09:52:56Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.coe.int/t/e/legal_affairs/legal_co-operation/conferences_and_high-level_meetings/european_public_prosecutors/ Conference on Prosecutors General of Europe]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6785Criminal Defense Resources on the Web2010-11-10T09:44:46Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.law.strath.ac.uk/CSR/ Centre for Sentencing Research]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6784Criminal Defense Resources on the Web2010-11-10T09:44:02Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.law.strath.ac.uk/CSR/Centre for Sentencing Research]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Criminal_Defense_Resources_on_the_Web&diff=6783Criminal Defense Resources on the Web2010-11-10T09:40:34Z<p>Cmattesich: </p>
<hr />
<div>*[http://www.aic.gov.au/ Australian Institute of Criminology (AIC)]<br />
*[http://www.bcli.org/bclrg/law-reform/ British Columbia Law Institute]<br />
*[http://wings.buffalo.edu/law/bclc/resource Buffalo Criminal Law Center]<br />
*[http://www.crim.ox.ac.uk/ Centre for Criminology (University of Oxford)]<br />
*[http://www.ncjrs.gov National Criminal Justice Reference Service]<br />
*[http://www.nlada.org/Defender National Legal Aid & Defender Association (NLADA)Defender Resources]<br />
*[http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx United Nations Publications and Resources on Training and Education in International Human Rights]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6497Charter of Fundamental Rights of the European Union2010-10-27T10:03:24Z<p>Cmattesich: /* CHAPTER II */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
'''Article 1''' <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
'''Article 2'''<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
<br />
'''Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
<br />
'''Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
<br />
'''Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== CHAPTER V ==<br />
<br />
<br />
Citizen's Rights<br />
<br />
'''Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6496Charter of Fundamental Rights of the European Union2010-10-27T10:02:58Z<p>Cmattesich: /* CHAPTER V */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
'''Article 1''' <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
'''Article 2'''<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
<br />
'''Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
<br />
'''Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
<br />
'''Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== CHAPTER V ==<br />
<br />
<br />
Citizen's Rights<br />
<br />
'''Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6495Charter of Fundamental Rights of the European Union2010-10-27T10:02:41Z<p>Cmattesich: /* CHAPTER V */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
'''Article 1''' <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
'''Article 2'''<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
<br />
'''Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
<br />
'''Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
<br />
'''Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== CHAPTER V ==<br />
<br />
<br />
Citizen's Rights<br />
<br />
'''Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6494Charter of Fundamental Rights of the European Union2010-10-27T10:02:31Z<p>Cmattesich: /* CHAPTER V */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
'''Article 1''' <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
'''Article 2'''<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
<br />
'''Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
<br />
'''Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
<br />
'''Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== CHAPTER V ==<br />
<br />
<br />
Citizen's Rights<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6493Charter of Fundamental Rights of the European Union2010-10-27T10:02:13Z<p>Cmattesich: </p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
'''Article 1''' <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
'''Article 2'''<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
<br />
'''Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
<br />
'''Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
<br />
'''Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6492Charter of Fundamental Rights of the European Union2010-10-27T10:01:06Z<p>Cmattesich: /* CHAPTER I DIGNITY */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
'''Article 1''' <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
'''Article 2'''<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
<br />
'''Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
<br />
'''Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
<br />
'''Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6491Charter of Fundamental Rights of the European Union2010-10-27T10:00:36Z<p>Cmattesich: /* Article 2 */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
Article 1 <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
Article 2<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6490Charter of Fundamental Rights of the European Union2010-10-27T10:00:20Z<p>Cmattesich: /* Article 1 */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
Article 1 <br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6489Charter of Fundamental Rights of the European Union2010-10-27T09:59:45Z<p>Cmattesich: /* CHAPTER II */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
== Article 1 ==<br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
<br />
'''Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
<br />
'''Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
<br />
'''Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER III ==<br />
<br />
Equality<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER IV ==<br />
<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
<br />
'''Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
<br />
'''Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
<br />
'''Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
<br />
'''Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6488Charter of Fundamental Rights of the European Union2010-10-27T09:57:39Z<p>Cmattesich: /* CHAPTER VI */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
== Article 1 ==<br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
'''<br />
Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
'''<br />
Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
'''<br />
Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER III<br />
EQUALITY<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
[[CHAPTER IV]]<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
'''<br />
Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
'''<br />
Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
'''<br />
Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
'''<br />
Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
Justice<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6487Charter of Fundamental Rights of the European Union2010-10-27T09:57:24Z<p>Cmattesich: /* CHAPTER VII */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
== Article 1 ==<br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
'''<br />
Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
'''<br />
Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
'''<br />
Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER III<br />
EQUALITY<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
[[CHAPTER IV]]<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
'''<br />
Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
'''<br />
Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
'''<br />
Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
'''<br />
Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
JUSTICE<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER VII ==<br />
<br />
General Provisions<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6486Charter of Fundamental Rights of the European Union2010-10-27T09:56:30Z<p>Cmattesich: /* CHAPTER II */</p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
== Article 1 ==<br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
Freedoms<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
'''<br />
Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
'''<br />
Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
'''<br />
Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER III<br />
EQUALITY<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
[[CHAPTER IV]]<br />
<br />
Solidarity<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
'''<br />
Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
'''<br />
Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
'''<br />
Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
'''<br />
Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
JUSTICE<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER VII ==<br />
<br />
'''GENERAL PROVISIONS'''<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6485Charter of Fundamental Rights of the European Union2010-10-27T09:55:24Z<p>Cmattesich: </p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
<br />
== CHAPTER I DIGNITY ==<br />
<br />
<br />
<br />
== Article 1 ==<br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
FREEDOMS<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
'''<br />
Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
'''<br />
Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
'''<br />
Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER III<br />
EQUALITY<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
[[CHAPTER IV]]<br />
<br />
SOLIDARITY<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
'''<br />
Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
'''<br />
Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
'''<br />
Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
'''<br />
Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
JUSTICE<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER VII ==<br />
<br />
'''GENERAL PROVISIONS'''<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6458Charter of Fundamental Rights of the European Union2010-10-26T10:30:18Z<p>Cmattesich: </p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
'''CHAPTER I DIGNITY'''<br />
<br />
<br />
== Article 1 ==<br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
FREEDOMS<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
'''<br />
Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
'''<br />
Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
'''<br />
Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER III<br />
EQUALITY<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
[[CHAPTER IV]]<br />
<br />
SOLIDARITY<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
<br />
'''Article 28'''<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
'''<br />
Article 29'''<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
<br />
'''Article 30'''<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
<br />
'''Article 31'''<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
<br />
'''Article 32'''<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
<br />
'''Article 33'''<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
'''<br />
Article 34'''<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
'''<br />
Article 35'''<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 36'''<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
'''<br />
Article 37'''<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
<br />
'''Article 38'''<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
<br />
== <br />
CHAPTER V ==<br />
<br />
<br />
CITIZENS' RIGHTS<br />
<br />
'''<br />
Article 39'''<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
<br />
'''Article 40'''<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
<br />
'''Article 41'''<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 42'''<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
<br />
'''Article 43'''<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
'''Article 44'''<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
<br />
'''Article 45'''<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
<br />
'''Article 46'''<br />
<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
<br />
<br />
== CHAPTER VI ==<br />
<br />
JUSTICE<br />
<br />
'''Article 47'''<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
'''<br />
Article 48'''<br />
<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
<br />
'''Article 49'''<br />
<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
<br />
'''Article 50'''<br />
<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
<br />
<br />
== CHAPTER VII ==<br />
<br />
'''GENERAL PROVISIONS'''<br />
<br />
'''Article 51'''<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
'''Article 52'''<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
<br />
'''Article 53'''<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
<br />
'''Article 54'''<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6452Charter of Fundamental Rights of the European Union2010-10-26T10:19:18Z<p>Cmattesich: </p>
<hr />
<div>'''Preamble'''<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
<br />
The Union therefore recognizes the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
'''CHAPTER I DIGNITY'''<br />
<br />
<br />
== Article 1 ==<br />
<br />
Human dignity<br />
<br />
Human dignity is inviolable. It must be respected and protected.<br />
<br />
== Article 2 ==<br />
<br />
<br />
Right to life<br />
<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
'''<br />
Article 3'''<br />
<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law, the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
'''<br />
Article 4'''<br />
<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
'''<br />
Article 5'''<br />
<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
<br />
== CHAPTER II ==<br />
<br />
<br />
FREEDOMS<br />
<br />
'''Article 6'''<br />
<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
<br />
'''Article 7'''<br />
<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
<br />
'''Article 8'''<br />
<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
<br />
'''Article 9'''<br />
<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
<br />
'''Article 10'''<br />
<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
<br />
'''Article 11'''<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
'''<br />
Article 12'''<br />
<br />
<br />
Freedom of assembly and of association<br />
<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
<br />
'''Article 13'''<br />
<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
<br />
'''Article 14'''<br />
<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
'''<br />
Article 15'''<br />
<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
<br />
'''Article 16'''<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
'''<br />
Article 17'''<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
<br />
'''Article 18'''<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
<br />
'''Article 19'''<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER III<br />
EQUALITY<br />
<br />
'''Article 20'''<br />
Equality before the law<br />
Everyone is equal before the law.<br />
<br />
'''Article 21'''<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
<br />
'''Article 22'''<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
<br />
'''Article 23'''<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
<br />
'''Article 24'''<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
<br />
'''Article 25'''<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
<br />
'''Article 26'''<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
<br />
[[CHAPTER IV]]<br />
<br />
SOLIDARITY<br />
<br />
'''Article 27'''<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
Article 28<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
Article 29<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
Article 30<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
Article 31<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
Article 32<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
Article 33<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
Article 34<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
Article 35<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
Article 36<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
Article 37<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
Article 38<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
CHAPTER V<br />
CITIZENS' RIGHTS<br />
Article 39<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
Article 40<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
Article 41<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
Article 42<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
Article 43<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
Article 44<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
Article 45<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
Article 46<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
CHAPTER VI<br />
JUSTICE<br />
Article 47<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
Article 48<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
Article 49<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
Article 50<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER VII<br />
GENERAL PROVISIONS<br />
Article 51<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
Article 52<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
Article 53<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
Article 54<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Charter_of_Fundamental_Rights_of_the_European_Union&diff=6451Charter of Fundamental Rights of the European Union2010-10-26T09:54:52Z<p>Cmattesich: Created page with "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..."</p>
<hr />
<div>PREAMBLE<br />
<br />
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful<br />
future based on common values.<br />
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of<br />
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule<br />
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union<br />
and by creating an area of freedom, security and justice.<br />
The Union contributes to the preservation and to the development of these common values while<br />
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the<br />
national identities of the Member States and the organisation of their public authorities at national,<br />
regional and local levels; it seeks to promote balanced and sustainable development and ensures free<br />
movement of persons, goods, services and capital, and the freedom of establishment.<br />
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in<br />
society, social progress and scientific and technological developments by making those rights more<br />
visible in a Charter.<br />
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and<br />
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and<br />
international obligations common to the Member States, the Treaty on European Union, the Community<br />
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the<br />
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court<br />
of Justice of the European Communities and of the European Court of Human Rights.<br />
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human<br />
community and to future generations.<br />
The Union therefore recognises the rights, freedoms and principles set out hereafter.<br />
<br />
<br />
CHAPTER I<br />
DIGNITY<br />
Article 1<br />
Human dignity<br />
Human dignity is inviolable. It must be respected and protected.<br />
Article 2<br />
Right to life<br />
1. Everyone has the right to life.<br />
2. No one shall be condemned to the death penalty, or executed.<br />
Article 3<br />
Right to the integrity of the person<br />
1. Everyone has the right to respect for his or her physical and mental integrity.<br />
2. In the fields of medicine and biology, the following must be respected in particular:<br />
the free and informed consent of the person concerned, according to the procedures laid down by<br />
law,<br />
the prohibition of eugenic practices, in particular those aiming at the selection of persons,<br />
the prohibition on making the human body and its parts as such a source of financial gain,<br />
the prohibition of the reproductive cloning of human beings.<br />
Article 4<br />
Prohibition of torture and inhuman or degrading treatment or punishment<br />
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<br />
Article 5<br />
Prohibition of slavery and forced labour<br />
1. No one shall be held in slavery or servitude.<br />
2. No one shall be required to perform forced or compulsory labour.<br />
3. Trafficking in human beings is prohibited.<br />
18.12.2000 EN Official Journal of the European Communities C 364/9<br />
CHAPTER II<br />
FREEDOMS<br />
Article 6<br />
Right to liberty and security<br />
Everyone has the right to liberty and security of person.<br />
Article 7<br />
Respect for private and family life<br />
Everyone has the right to respect for his or her private and family life, home and communications.<br />
Article 8<br />
Protection of personal data<br />
1. Everyone has the right to the protection of personal data concerning him or her.<br />
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the<br />
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to<br />
data which has been collected concerning him or her, and the right to have it rectified.<br />
3. Compliance with these rules shall be subject to control by an independent authority.<br />
Article 9<br />
Right to marry and right to found a family<br />
The right to marry and the right to found a family shall be guaranteed in accordance with the national<br />
laws governing the exercise of these rights.<br />
Article 10<br />
Freedom of thought, conscience and religion<br />
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom<br />
to change religion or belief and freedom, either alone or in community with others and in public or in<br />
private, to manifest religion or belief, in worship, teaching, practice and observance.<br />
2. The right to conscientious objection is recognised, in accordance with the national laws governing<br />
the exercise of this right.<br />
C 364/10 EN Official Journal of the European Communities 18.12.2000<br />
Article 11<br />
Freedom of expression and information<br />
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions<br />
and to receive and impart information and ideas without interference by public authority and regardless<br />
of frontiers.<br />
2. The freedom and pluralism of the media shall be respected.<br />
Article 12<br />
Freedom of assembly and of association<br />
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,<br />
in particular in political, trade union and civic matters, which implies the right of everyone to form and<br />
to join trade unions for the protection of his or her interests.<br />
2. Political parties at Union level contribute to expressing the political will of the citizens of the<br />
Union.<br />
Article 13<br />
Freedom of the arts and sciences<br />
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.<br />
Article 14<br />
Right to education<br />
1. Everyone has the right to education and to have access to vocational and continuing training.<br />
2. This right includes the possibility to receive free compulsory education.<br />
3. The freedom to found educational establishments with due respect for democratic principles and<br />
the right of parents to ensure the education and teaching of their children in conformity with their<br />
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national<br />
laws governing the exercise of such freedom and right.<br />
Article 15<br />
Freedom to choose an occupation and right to engage in work<br />
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.<br />
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of<br />
establishment and to provide services in any Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/11<br />
3. Nationals of third countries who are authorised to work in the territories of the Member States are<br />
entitled to working conditions equivalent to those of citizens of the Union.<br />
Article 16<br />
Freedom to conduct a business<br />
The freedom to conduct a business in accordance with Community law and national laws and practices<br />
is recognised.<br />
Article 17<br />
Right to property<br />
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired<br />
possessions. No one may be deprived of his or her possessions, except in the public interest and in<br />
the cases and under the conditions provided for by law, subject to fair compensation being paid in good<br />
time for their loss. The use of property may be regulated by law in so far as is necessary for the general<br />
interest.<br />
2. Intellectual property shall be protected.<br />
Article 18<br />
Right to asylum<br />
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28<br />
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with<br />
the Treaty establishing the European Community.<br />
Article 19<br />
Protection in the event of removal, expulsion or extradition<br />
1. Collective expulsions are prohibited.<br />
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or<br />
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or<br />
punishment.<br />
C 364/12 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER III<br />
EQUALITY<br />
Article 20<br />
Equality before the law<br />
Everyone is equal before the law.<br />
Article 21<br />
Non-discrimination<br />
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic<br />
features, language, religion or belief, political or any other opinion, membership of a national minority,<br />
property, birth, disability, age or sexual orientation shall be prohibited.<br />
2. Within the scope of application of the Treaty establishing the European Community and of the<br />
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any<br />
discrimination on grounds of nationality shall be prohibited.<br />
Article 22<br />
Cultural, religious and linguistic diversity<br />
The Union shall respect cultural, religious and linguistic diversity.<br />
Article 23<br />
Equality between men and women<br />
Equality between men and women must be ensured in all areas, including employment, work and pay.<br />
The principle of equality shall not prevent the maintenance or adoption of measures providing for<br />
specific advantages in favour of the under-represented sex.<br />
Article 24<br />
The rights of the child<br />
1. Children shall have the right to such protection and care as is necessary for their well-being. They<br />
may express their views freely. Such views shall be taken into consideration on matters which concern<br />
them in accordance with their age and maturity.<br />
2. In all actions relating to children, whether taken by public authorities or private institutions, the<br />
child's best interests must be a primary consideration.<br />
18.12.2000 EN Official Journal of the European Communities C 364/13<br />
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct<br />
contact with both his or her parents, unless that is contrary to his or her interests.<br />
Article 25<br />
The rights of the elderly<br />
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence<br />
and to participate in social and cultural life.<br />
Article 26<br />
Integration of persons with disabilities<br />
The Union recognises and respects the right of persons with disabilities to benefit from measures<br />
designed to ensure their independence, social and occupational integration and participation in the<br />
life of the community.<br />
C 364/14 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER IV<br />
SOLIDARITY<br />
Article 27<br />
Workers' right to information and consultation within the undertaking<br />
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation<br />
in good time in the cases and under the conditions provided for by Community law and national<br />
laws and practices.<br />
Article 28<br />
Right of collective bargaining and action<br />
Workers and employers, or their respective organisations, have, in accordance with Community law and<br />
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate<br />
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including<br />
strike action.<br />
Article 29<br />
Right of access to placement services<br />
Everyone has the right of access to a free placement service.<br />
Article 30<br />
Protection in the event of unjustified dismissal<br />
Every worker has the right to protection against unjustified dismissal, in accordance with Community<br />
law and national laws and practices.<br />
Article 31<br />
Fair and just working conditions<br />
1. Every worker has the right to working conditions which respect his or her health, safety and<br />
dignity.<br />
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest<br />
periods and to an annual period of paid leave.<br />
18.12.2000 EN Official Journal of the European Communities C 364/15<br />
Article 32<br />
Prohibition of child labour and protection of young people at work<br />
The employment of children is prohibited. The minimum age of admission to employment may not be<br />
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable<br />
to young people and except for limited derogations.<br />
Young people admitted to work must have working conditions appropriate to their age and be protected<br />
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral<br />
or social development or to interfere with their education.<br />
Article 33<br />
Family and professional life<br />
1. The family shall enjoy legal, economic and social protection.<br />
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal<br />
for a reason connected with maternity and the right to paid maternity leave and to parental leave<br />
following the birth or adoption of a child.<br />
Article 34<br />
Social security and social assistance<br />
1. The Union recognises and respects the entitlement to social security benefits and social services<br />
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and<br />
in the case of loss of employment, in accordance with the rules laid down by Community law and<br />
national laws and practices.<br />
2. Everyone residing and moving legally within the European Union is entitled to social security<br />
benefits and social advantages in accordance with Community law and national laws and practices.<br />
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to<br />
social and housing assistance so as to ensure a decent existence for all those who lack sufficient<br />
resources, in accordance with the rules laid down by Community law and national laws and practices.<br />
Article 35<br />
Health care<br />
Everyone has the right of access to preventive health care and the right to benefit from medical<br />
treatment under the conditions established by national laws and practices. A high level of human<br />
health protection shall be ensured in the definition and implementation of all Union policies and<br />
activities.<br />
C 364/16 EN Official Journal of the European Communities 18.12.2000<br />
Article 36<br />
Access to services of general economic interest<br />
The Union recognises and respects access to services of general economic interest as provided for in<br />
national laws and practices, in accordance with the Treaty establishing the European Community, in<br />
order to promote the social and territorial cohesion of the Union.<br />
Article 37<br />
Environmental protection<br />
A high level of environmental protection and the improvement of the quality of the environment must<br />
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable<br />
development.<br />
Article 38<br />
Consumer protection<br />
Union policies shall ensure a high level of consumer protection.<br />
18.12.2000 EN Official Journal of the European Communities C 364/17<br />
CHAPTER V<br />
CITIZENS' RIGHTS<br />
Article 39<br />
Right to vote and to stand as a candidate at elections to the European Parliament<br />
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the<br />
European Parliament in the Member State in which he or she resides, under the same conditions as<br />
nationals of that State.<br />
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and<br />
secret ballot.<br />
Article 40<br />
Right to vote and to stand as a candidate at municipal elections<br />
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the<br />
Member State in which he or she resides under the same conditions as nationals of that State.<br />
Article 41<br />
Right to good administration<br />
1. Every person has the right to have his or her affairs handled impartially, fairly and within a<br />
reasonable time by the institutions and bodies of the Union.<br />
2. This right includes:<br />
the right of every person to be heard, before any individual measure which would affect him or her<br />
adversely is taken;<br />
the right of every person to have access to his or her file, while respecting the legitimate interests of<br />
confidentiality and of professional and business secrecy;<br />
the obligation of the administration to give reasons for its decisions.<br />
3. Every person has the right to have the Community make good any damage caused by its institutions<br />
or by its servants in the performance of their duties, in accordance with the general principles<br />
common to the laws of the Member States.<br />
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and<br />
must have an answer in the same language.<br />
C 364/18 EN Official Journal of the European Communities 18.12.2000<br />
Article 42<br />
Right of access to documents<br />
Any citizen of the Union, and any natural or legal person residing or having its registered office in a<br />
Member State, has a right of access to European Parliament, Council and Commission documents.<br />
Article 43<br />
Ombudsman<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the<br />
activities of the Community institutions or bodies, with the exception of the Court of Justice and the<br />
Court of First Instance acting in their judicial role.<br />
Article 44<br />
Right to petition<br />
Any citizen of the Union and any natural or legal person residing or having its registered office in a<br />
Member State has the right to petition the European Parliament.<br />
Article 45<br />
Freedom of movement and of residence<br />
1. Every citizen of the Union has the right to move and reside freely within the territory of the<br />
Member States.<br />
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing<br />
the European Community, to nationals of third countries legally resident in the territory of a Member<br />
State.<br />
Article 46<br />
Diplomatic and consular protection<br />
Every citizen of the Union shall, in the territory of a third country in which the Member State of which<br />
he or she is a national is not represented, be entitled to protection by the diplomatic or consular<br />
authorities of any Member State, on the same conditions as the nationals of that Member State.<br />
18.12.2000 EN Official Journal of the European Communities C 364/19<br />
CHAPTER VI<br />
JUSTICE<br />
Article 47<br />
Right to an effective remedy and to a fair trial<br />
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an<br />
effective remedy before a tribunal in compliance with the conditions laid down in this Article.<br />
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and<br />
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,<br />
defended and represented.<br />
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary<br />
to ensure effective access to justice.<br />
Article 48<br />
Presumption of innocence and right of defence<br />
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.<br />
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.<br />
Article 49<br />
Principles of legality and proportionality of criminal offences and penalties<br />
1. No one shall be held guilty of any criminal offence on account of any act or omission which did<br />
not constitute a criminal offence under national law or international law at the time when it was<br />
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the<br />
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law<br />
provides for a lighter penalty, that penalty shall be applicable.<br />
2. This Article shall not prejudice the trial and punishment of any person for any act or omission<br />
which, at the time when it was committed, was criminal according to the general principles recognised<br />
by the community of nations.<br />
3. The severity of penalties must not be disproportionate to the criminal offence.<br />
Article 50<br />
Right not to be tried or punished twice in criminal proceedings for the same criminal offence<br />
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he<br />
or she has already been finally acquitted or convicted within the Union in accordance with the law.<br />
C 364/20 EN Official Journal of the European Communities 18.12.2000<br />
CHAPTER VII<br />
GENERAL PROVISIONS<br />
Article 51<br />
Scope<br />
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due<br />
regard for the principle of subsidiarity and to the Member States only when they are implementing<br />
Union law. They shall therefore respect the rights, observe the principles and promote the application<br />
thereof in accordance with their respective powers.<br />
2. This Charter does not establish any new power or task for the Community or the Union, or<br />
modify powers and tasks defined by the Treaties.<br />
Article 52<br />
Scope of guaranteed rights<br />
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be<br />
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of<br />
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of<br />
general interest recognised by the Union or the need to protect the rights and freedoms of others.<br />
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on<br />
European Union shall be exercised under the conditions and within the limits defined by those Treaties.<br />
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention<br />
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights<br />
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law<br />
providing more extensive protection.<br />
Article 53<br />
Level of protection<br />
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and<br />
fundamental freedoms as recognised, in their respective fields of application, by Union law and international<br />
law and by international agreements to which the Union, the Community or all the Member<br />
States are party, including the European Convention for the Protection of Human Rights and Fundamental<br />
Freedoms, and by the Member States' constitutions.<br />
18.12.2000 EN Official Journal of the European Communities C 364/21<br />
Article 54<br />
Prohibition of abuse of rights<br />
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform<br />
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their<br />
limitation to a greater extent than is provided for herein</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=International_Law&diff=6450International Law2010-10-26T09:46:01Z<p>Cmattesich: /* Other Important Treaties */</p>
<hr />
<div>==Courts==<br />
*[[International Court of Justice]] (The Hague, Netherlands)<br />
**ICJ Rules of Court<br />
*[[International Criminal Court]] (The Hague, Netherlands)<br />
**[[Rome Statute of the International Criminal Court]]<br />
*[[International Criminal Tribunal for the Former Yugoslavia]] (The Hague, Netherlands)<br />
*[[International Criminal Tribunal for Rwanda]] (Arusha, Tanzania)<br />
*[[Special Court for Sierra Leone]] (Freetown, Sierra Leone)<br />
<br />
==Treaties==<br />
===Background===<br />
Since the United Nations was founded in 1945, the various states have drafted several tools to facilitate international law. Several of those international tools are listed here, with a focus on criminal justice and prisoners' rights. Some of these tools are called "basic principals" while others are called "covenants". Generally speaking, principals are advisory, while covenants are binding on the states. The [[International Court of Justice]] provides remedies for violations of some of these covenants.<br />
<br />
===Torture===<br />
<br />
* [[Convention Against Torture]] and Other Cruel Inhuman or Degrading Treatment or Punishment<br />
* [[Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]]<br />
* [[Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]]<br />
* [[Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment]]<br />
* [[Inter-American Convention to Prevent and Punish the Crime of Torture]]<br />
<br />
===Prisoners' Rights and Sentencing Standards===<br />
<br />
* [[Basic Principles for the Treatment of Prisoners]]<br />
* [[Standard Minimum Rules for Treatment of Prisoners]]<br />
* [[United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)]]<br />
* [[Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment]]<br />
<br />
===Children's Rights===<br />
* [[United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)]]<br />
* [[United Nations Rules for the Protection of Juveniles Deprived of their Liberty]]<br />
* [[Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules)]]<br />
<br />
===Other Important Treaties===<br />
* [[Convention on the Prevention and Punishment of the Crime of Genocide]]<br />
* [[International Covenant on Civil and Political Rights]]<br />
* [[American Convention on Human Rights]]<br />
* [[Second Optional Protocol to the International Covenant on Civil and Political Rights]]<br />
* [[Universal Declaration of Human Rights]]<br />
* [[United Nations Basic Principles on the Independence of the Judiciary Power]]<br />
* [[Convention for the Protection of Human Rights and Fundamental Freedoms]]<br />
* [[United Nations Code of Conduct for Law Enforcement Officials]]<br />
* [[Code of Conduct for Law Enforcement Officials]]<br />
* [[Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power]]<br />
* [[Basic Principles on the Role of Lawyers]]<br />
* [[Guidelines on the Role of Prosecutors]]<br />
* [[Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions]]<br />
* [[International Covenant for the Protection of All Persons from Enforced Disappearance]]<br />
* [[Basic Principles on the Use of Force and Firearms by Law Enforcement Officials]]<br />
* [[Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care]]<br />
* [[Common Article 3 of the four Geneva Conventions of 1949 and Additional Protocols I and II]]<br />
* [[Charter of Fundamental Rights of the European Union]]</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Inter-American_Convention_to_Prevent_and_Punish_the_Crime_of_Torture&diff=6446Inter-American Convention to Prevent and Punish the Crime of Torture2010-10-26T09:39:32Z<p>Cmattesich: /* Article 12 */</p>
<hr />
<div>The American States signatory to the present Convention,<br />
<br />
Aware of the provision of the American Convention on Human Rights that no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment;<br />
<br />
Reaffirming that all acts of torture or any other cruel, inhuman, or degrading treatment or punishment constitute an offense against human dignity and a denial of the principles set forth in the Charter of the Organization of American States and in the Charter of the United Nations and are violations of the fundamental human rights and freedoms proclaimed in the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights;<br />
<br />
Noting that, in order for the pertinent rules contained in the aforementioned global and regional instruments to take effect, it is necessary to draft an Inter-American Convention that prevents and punishes torture;<br />
<br />
Reaffirming their purpose of consolidating in this hemisphere the conditions that make for recognition of and respect for the inherent dignity of man, and ensure the full exercise of his fundamental rights and freedoms,<br />
<br />
Have agreed upon the following:<br />
<br />
<br />
== Article 1 ==<br />
<br />
<br />
The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.<br />
<br />
<br />
== Article 2 ==<br />
<br />
<br />
For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.<br />
<br />
The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.<br />
<br />
<br />
== Article 3 ==<br />
<br />
<br />
The following shall be held guilty of the crime of torture:<br />
<br />
A public servant or employee who acting in that capacity orders, instigates or induces the use of torture, or who directly commits it or who, being able to prevent it, fails to do so.<br />
<br />
A person who at the instigation of a public servant or employee mentioned in subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.<br />
<br />
== Article 4 ==<br />
<br />
<br />
The fact of having acted under orders of a superior shall not provide exemption from the corresponding criminal liability.<br />
<br />
<br />
== Article 5 ==<br />
<br />
<br />
The existence of circumstances such as a state of war, threat of war, state of siege or of emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.<br />
<br />
Neither the dangerous character of the detainee or prisoner, nor the lack of security of the prison establishment or penitentiary shall justify torture.<br />
<br />
<br />
== Article 6 ==<br />
<br />
<br />
In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.<br />
<br />
The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature.<br />
<br />
The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.<br />
<br />
<br />
== Article 7 ==<br />
<br />
<br />
The States Parties shall take measures so that, in the training of police officers and other public officials responsible for the custody of persons temporarily or definitively deprived of their freedom, special emphasis shall be put on the prohibition of the use of torture in interrogation, detention, or arrest.<br />
<br />
The States Parties likewise shall take similar measures to prevent other cruel, inhuman, or degrading treatment or punishment.<br />
<br />
<br />
== Article 8 ==<br />
<br />
<br />
The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.<br />
<br />
Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process.<br />
<br />
After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.<br />
<br />
<br />
== Article 9 ==<br />
<br />
<br />
The States Parties undertake to incorporate into their national laws regulations guaranteeing suitable compensation for victims of torture.<br />
<br />
None of the provisions of this article shall affect the right to receive compensation that the victim or other persons may have by virtue of existing national legislation.<br />
<br />
<br />
== Article 10 ==<br />
<br />
<br />
No statement that is verified as having been obtained through torture shall be admissible as evidence in a legal proceeding, except in a legal action taken against a person or persons accused of having elicited it through acts of torture, and only as evidence that the accused obtained such statement by such means.<br />
<br />
<br />
== Article 11 ==<br />
<br />
<br />
The States Parties shall take the necessary steps to extradite anyone accused of having committed the crime of torture or sentenced for commission of that crime, in accordance with their respective national laws on extradition and their international commitments on this matter.<br />
<br />
<br />
== Article 12 ==<br />
<br />
<br />
Every State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases:<br />
<br />
When torture has been committed within its jurisdiction;<br />
<br />
When the alleged criminal is a national of that State; or<br />
<br />
When the victim is a national of that State and it so deems appropriate.<br />
<br />
Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.<br />
<br />
This Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.<br />
<br />
== Article 13 ==<br />
<br />
The crime referred to in Article 2 shall be deemed to be included among the extraditable crimes in every extradition treaty entered into between States Parties. The States Parties undertake to include the crime of torture as an extraditable offence in every extradition treaty to be concluded between them.<br />
<br />
Every State Party that makes extradition conditional on the existence of a treaty may, if it receives a request for extradition from another State Party with which it has no extradition treaty, consider this Convention as the legal basis for extradition in respect of the crime of torture. Extradition shall be subject to the other conditions that may be required by the law of the requested State.<br />
<br />
States Parties which do not make extradition conditional on the existence of a treaty shall recognize such crimes as extraditable offences between themselves, subject to the conditions required by the law of the requested State.<br />
<br />
Extradition shall not be granted nor shall the person sought be returned when there are grounds to believe that his life is in danger, that he will be subjected to torture or to cruel, inhuman or degrading treatment, or that he will be tried by special or ad hoc courts in the requesting State.<br />
<br />
<br />
== Article 14 ==<br />
<br />
<br />
When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the crime had been committed within its jurisdiction, for the purposes of investigation, and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the State that has requested the extradition.<br />
<br />
<br />
== Article 15 ==<br />
<br />
<br />
No provision of this Convention may be interpreted as limiting the right of asylum, when appropriate, nor as altering the obligations of the States Parties in the matter of extradition.<br />
<br />
== Article 16 ==<br />
<br />
<br />
This Convention shall not limit the provisions of the American Convention on Human Rights, other conventions on the subject, or the Statutes of the Inter-American Commission on Human Rights, with respect to the crime of torture.<br />
<br />
== Article 17 ==<br />
<br />
<br />
The States Parties undertake to inform the Inter-American Commission on Human Rights of any legislative, judicial, administrative, or other measures they adopt in application of this Convention.<br />
<br />
In keeping with its duties and responsibilities, the Inter-American Commission on Human Rights will endeavor in its annual report to analyze the existing situation in the member states of the Organization of American States in regard to the prevention and elimination of torture.<br />
<br />
== Article 18 ==<br />
<br />
This Convention is open to signature by the member states of the Organization of American States.<br />
<br />
== Article 19 ==<br />
<br />
<br />
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.<br />
<br />
<br />
== Article 20 ==<br />
<br />
<br />
This Convention is open to accession by any other American state. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.<br />
<br />
== Article 21 ==<br />
<br />
<br />
The States Parties may, at the time of approval, signature, ratification, or accession, make reservations to this Convention, provided that such reservations are not incompatible with the object and purpose of the Convention and concern one or more specific provisions.<br />
<br />
<br />
== Article 22 ==<br />
<br />
<br />
This Convention shall enter into force on the thirtieth day following the date on which the second instrument of ratification is deposited. For each State ratifying or acceding to the Convention after the second instrument of ratification has been deposited, the Convention shall enter into force on the thirtieth day following the date on which that State deposits its instrument of ratification or accession.<br />
<br />
<br />
== Article 23 ==<br />
<br />
<br />
This Convention shall remain in force indefinitely, but may be denounced by any State Party. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, this Convention shall cease to be in effect for the denouncing State but shall remain in force for the remaining States Parties.<br />
<br />
== Article 24 ==<br />
<br />
<br />
The original instrument of this Convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy to the Secretariat of the United Nations for registration and publication, in accordance with the provisions of Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member states of the Organization and the States that have acceded to the Convention of signatures and of deposits of instruments of ratification, accession, and denunciation, as well as reservations, if any.</div>Cmattesichhttps://defensewiki.ibj.org/index.php?title=Inter-American_Convention_to_Prevent_and_Punish_the_Crime_of_Torture&diff=6445Inter-American Convention to Prevent and Punish the Crime of Torture2010-10-26T09:37:30Z<p>Cmattesich: /* Article 3 */</p>
<hr />
<div>The American States signatory to the present Convention,<br />
<br />
Aware of the provision of the American Convention on Human Rights that no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment;<br />
<br />
Reaffirming that all acts of torture or any other cruel, inhuman, or degrading treatment or punishment constitute an offense against human dignity and a denial of the principles set forth in the Charter of the Organization of American States and in the Charter of the United Nations and are violations of the fundamental human rights and freedoms proclaimed in the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights;<br />
<br />
Noting that, in order for the pertinent rules contained in the aforementioned global and regional instruments to take effect, it is necessary to draft an Inter-American Convention that prevents and punishes torture;<br />
<br />
Reaffirming their purpose of consolidating in this hemisphere the conditions that make for recognition of and respect for the inherent dignity of man, and ensure the full exercise of his fundamental rights and freedoms,<br />
<br />
Have agreed upon the following:<br />
<br />
<br />
== Article 1 ==<br />
<br />
<br />
The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.<br />
<br />
<br />
== Article 2 ==<br />
<br />
<br />
For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.<br />
<br />
The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.<br />
<br />
<br />
== Article 3 ==<br />
<br />
<br />
The following shall be held guilty of the crime of torture:<br />
<br />
A public servant or employee who acting in that capacity orders, instigates or induces the use of torture, or who directly commits it or who, being able to prevent it, fails to do so.<br />
<br />
A person who at the instigation of a public servant or employee mentioned in subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.<br />
<br />
== Article 4 ==<br />
<br />
<br />
The fact of having acted under orders of a superior shall not provide exemption from the corresponding criminal liability.<br />
<br />
<br />
== Article 5 ==<br />
<br />
<br />
The existence of circumstances such as a state of war, threat of war, state of siege or of emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.<br />
<br />
Neither the dangerous character of the detainee or prisoner, nor the lack of security of the prison establishment or penitentiary shall justify torture.<br />
<br />
<br />
== Article 6 ==<br />
<br />
<br />
In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.<br />
<br />
The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature.<br />
<br />
The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.<br />
<br />
<br />
== Article 7 ==<br />
<br />
<br />
The States Parties shall take measures so that, in the training of police officers and other public officials responsible for the custody of persons temporarily or definitively deprived of their freedom, special emphasis shall be put on the prohibition of the use of torture in interrogation, detention, or arrest.<br />
<br />
The States Parties likewise shall take similar measures to prevent other cruel, inhuman, or degrading treatment or punishment.<br />
<br />
<br />
== Article 8 ==<br />
<br />
<br />
The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.<br />
<br />
Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process.<br />
<br />
After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.<br />
<br />
<br />
== Article 9 ==<br />
<br />
<br />
The States Parties undertake to incorporate into their national laws regulations guaranteeing suitable compensation for victims of torture.<br />
<br />
None of the provisions of this article shall affect the right to receive compensation that the victim or other persons may have by virtue of existing national legislation.<br />
<br />
<br />
== Article 10 ==<br />
<br />
<br />
No statement that is verified as having been obtained through torture shall be admissible as evidence in a legal proceeding, except in a legal action taken against a person or persons accused of having elicited it through acts of torture, and only as evidence that the accused obtained such statement by such means.<br />
<br />
<br />
== Article 11 ==<br />
<br />
<br />
The States Parties shall take the necessary steps to extradite anyone accused of having committed the crime of torture or sentenced for commission of that crime, in accordance with their respective national laws on extradition and their international commitments on this matter.<br />
<br />
<br />
== Article 12 ==<br />
<br />
<br />
Every State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases:<br />
<br />
a. When torture has been committed within its jurisdiction;<br />
<br />
b. When the alleged criminal is a national of that State; or<br />
<br />
c. When the victim is a national of that State and it so deems appropriate.<br />
<br />
Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.<br />
<br />
This Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.<br />
<br />
== Article 13 ==<br />
<br />
The crime referred to in Article 2 shall be deemed to be included among the extraditable crimes in every extradition treaty entered into between States Parties. The States Parties undertake to include the crime of torture as an extraditable offence in every extradition treaty to be concluded between them.<br />
<br />
Every State Party that makes extradition conditional on the existence of a treaty may, if it receives a request for extradition from another State Party with which it has no extradition treaty, consider this Convention as the legal basis for extradition in respect of the crime of torture. Extradition shall be subject to the other conditions that may be required by the law of the requested State.<br />
<br />
States Parties which do not make extradition conditional on the existence of a treaty shall recognize such crimes as extraditable offences between themselves, subject to the conditions required by the law of the requested State.<br />
<br />
Extradition shall not be granted nor shall the person sought be returned when there are grounds to believe that his life is in danger, that he will be subjected to torture or to cruel, inhuman or degrading treatment, or that he will be tried by special or ad hoc courts in the requesting State.<br />
<br />
<br />
== Article 14 ==<br />
<br />
<br />
When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the crime had been committed within its jurisdiction, for the purposes of investigation, and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the State that has requested the extradition.<br />
<br />
<br />
== Article 15 ==<br />
<br />
<br />
No provision of this Convention may be interpreted as limiting the right of asylum, when appropriate, nor as altering the obligations of the States Parties in the matter of extradition.<br />
<br />
== Article 16 ==<br />
<br />
<br />
This Convention shall not limit the provisions of the American Convention on Human Rights, other conventions on the subject, or the Statutes of the Inter-American Commission on Human Rights, with respect to the crime of torture.<br />
<br />
== Article 17 ==<br />
<br />
<br />
The States Parties undertake to inform the Inter-American Commission on Human Rights of any legislative, judicial, administrative, or other measures they adopt in application of this Convention.<br />
<br />
In keeping with its duties and responsibilities, the Inter-American Commission on Human Rights will endeavor in its annual report to analyze the existing situation in the member states of the Organization of American States in regard to the prevention and elimination of torture.<br />
<br />
== Article 18 ==<br />
<br />
This Convention is open to signature by the member states of the Organization of American States.<br />
<br />
== Article 19 ==<br />
<br />
<br />
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.<br />
<br />
<br />
== Article 20 ==<br />
<br />
<br />
This Convention is open to accession by any other American state. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.<br />
<br />
== Article 21 ==<br />
<br />
<br />
The States Parties may, at the time of approval, signature, ratification, or accession, make reservations to this Convention, provided that such reservations are not incompatible with the object and purpose of the Convention and concern one or more specific provisions.<br />
<br />
<br />
== Article 22 ==<br />
<br />
<br />
This Convention shall enter into force on the thirtieth day following the date on which the second instrument of ratification is deposited. For each State ratifying or acceding to the Convention after the second instrument of ratification has been deposited, the Convention shall enter into force on the thirtieth day following the date on which that State deposits its instrument of ratification or accession.<br />
<br />
<br />
== Article 23 ==<br />
<br />
<br />
This Convention shall remain in force indefinitely, but may be denounced by any State Party. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, this Convention shall cease to be in effect for the denouncing State but shall remain in force for the remaining States Parties.<br />
<br />
== Article 24 ==<br />
<br />
<br />
The original instrument of this Convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy to the Secretariat of the United Nations for registration and publication, in accordance with the provisions of Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member states of the Organization and the States that have acceded to the Convention of signatures and of deposits of instruments of ratification, accession, and denunciation, as well as reservations, if any.</div>Cmattesich