Difference between revisions of "Charter of Fundamental Rights of the European Union"

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(CHAPTER VII)
 
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'''Preamble'''
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Adopted at the Presidents of the European Parliament, the Council and the Commission at the European Council meeting in Nice on December 7, 2000. Entered into force on December 1, 2009.
  
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful
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=Relevant Provisions of the Charter of Fundamental Rights of the European Union=
future based on common values.
 
 
 
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of
 
human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule
 
of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union
 
and by creating an area of freedom, security and justice.
 
 
 
The Union contributes to the preservation and to the development of these common values while
 
respecting the diversity of the cultures and traditions of the peoples of Europe as well as the
 
national identities of the Member States and the organisation of their public authorities at national,
 
regional and local levels; it seeks to promote balanced and sustainable development and ensures free
 
movement of persons, goods, services and capital, and the freedom of establishment.
 
 
 
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in
 
society, social progress and scientific and technological developments by making those rights more
 
visible in a Charter.
 
 
 
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and
 
the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and
 
international obligations common to the Member States, the Treaty on European Union, the Community
 
Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the
 
Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court
 
of Justice of the European Communities and of the European Court of Human Rights.
 
 
 
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human
 
community and to future generations.
 
 
 
The Union therefore recognizes the rights, freedoms and principles set out hereafter.
 
 
 
 
 
 
 
== CHAPTER I DIGNITY ==
 
 
 
 
 
 
 
'''Article 1'''
 
 
 
Human dignity
 
  
 +
====Article 1: Human Dignity====
 
Human dignity is inviolable. It must be respected and protected.
 
Human dignity is inviolable. It must be respected and protected.
  
'''Article 2'''
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====Article 2: Right to life====
 
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1. Everyone has the right to life.
 
 
Right to life
 
  
1. Everyone has the right to life.
 
 
2. No one shall be condemned to the death penalty, or executed.
 
2. No one shall be condemned to the death penalty, or executed.
  
'''Article 3'''
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====Article 3: Right to the integrity of the person====
 
 
Right to the integrity of the person
 
 
1. Everyone has the right to respect for his or her physical and mental integrity.
 
1. Everyone has the right to respect for his or her physical and mental integrity.
 
2. In the fields of medicine and biology, the following must be respected in particular:
 
2. In the fields of medicine and biology, the following must be respected in particular:
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the prohibition of the reproductive cloning of human beings.
 
the prohibition of the reproductive cloning of human beings.
  
'''Article 4'''
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====Article 4: Prohibition of torture and inhuman or degrading treatment or punishment====
 
 
Prohibition of torture and inhuman or degrading treatment or punishment
 
 
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
 
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
  
'''Article 5'''
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====Article 6: Right to liberty and security====
 
 
Prohibition of slavery and forced labour
 
1. No one shall be held in slavery or servitude.
 
2. No one shall be required to perform forced or compulsory labour.
 
3. Trafficking in human beings is prohibited.
 
18.12.2000 EN Official Journal of the European Communities C 364/9
 
 
 
== CHAPTER II ==
 
 
 
 
 
Freedoms
 
 
 
'''Article 6'''
 
 
 
Right to liberty and security
 
 
Everyone has the right to liberty and security of person.
 
Everyone has the right to liberty and security of person.
  
'''Article 7'''
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====Article 7: Respect for private and family life====
 
 
Respect for private and family life
 
 
Everyone has the right to respect for his or her private and family life, home and communications.
 
Everyone has the right to respect for his or her private and family life, home and communications.
  
'''Article 8'''
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====Article 8: Protection of personal data====
 +
1. Everyone has the right to the protection of personal data concerning him or her.
  
Protection of personal data
 
1. Everyone has the right to the protection of personal data concerning him or her.
 
 
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the
 
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the
 
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to
 
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to
 
data which has been collected concerning him or her, and the right to have it rectified.
 
data which has been collected concerning him or her, and the right to have it rectified.
 +
 
3. Compliance with these rules shall be subject to control by an independent authority.
 
3. Compliance with these rules shall be subject to control by an independent authority.
  
'''Article 9'''
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====Article 10: Freedom of thought, conscience and religion====
 
 
Right to marry and right to found a family
 
The right to marry and the right to found a family shall be guaranteed in accordance with the national
 
laws governing the exercise of these rights.
 
 
 
'''Article 10'''
 
 
 
Freedom of thought, conscience and religion
 
 
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom
 
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom
 
to change religion or belief and freedom, either alone or in community with others and in public or in
 
to change religion or belief and freedom, either alone or in community with others and in public or in
 
private, to manifest religion or belief, in worship, teaching, practice and observance.
 
private, to manifest religion or belief, in worship, teaching, practice and observance.
2. The right to conscientious objection is recognised, in accordance with the national laws governing
 
the exercise of this right.
 
 
C 364/10 EN Official Journal of the European Communities 18.12.2000
 
  
'''Article 11'''
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====Article 11: Freedom of expression and information====
Freedom of expression and information
 
 
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions
 
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions
 
and to receive and impart information and ideas without interference by public authority and regardless
 
and to receive and impart information and ideas without interference by public authority and regardless
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2. The freedom and pluralism of the media shall be respected.
 
2. The freedom and pluralism of the media shall be respected.
  
'''Article 12'''
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====Article 12: Freedom of assembly and of association====
 
 
Freedom of assembly and of association
 
 
 
 
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,
 
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,
 
in particular in political, trade union and civic matters, which implies the right of everyone to form and
 
in particular in political, trade union and civic matters, which implies the right of everyone to form and
 
to join trade unions for the protection of his or her interests.
 
to join trade unions for the protection of his or her interests.
2. Political parties at Union level contribute to expressing the political will of the citizens of the
 
Union.
 
  
'''Article 13'''
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====Article 17: Right to property====
 
 
Freedom of the arts and sciences
 
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.
 
 
 
'''Article 14'''
 
 
 
Right to education
 
1. Everyone has the right to education and to have access to vocational and continuing training.
 
2. This right includes the possibility to receive free compulsory education.
 
3. The freedom to found educational establishments with due respect for democratic principles and
 
the right of parents to ensure the education and teaching of their children in conformity with their
 
religious, philosophical and pedagogical convictions shall be respected, in accordance with the national
 
laws governing the exercise of such freedom and right.
 
 
 
'''Article 15'''
 
 
 
Freedom to choose an occupation and right to engage in work
 
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
 
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of
 
establishment and to provide services in any Member State.
 
18.12.2000 EN Official Journal of the European Communities C 364/11
 
3. Nationals of third countries who are authorised to work in the territories of the Member States are
 
entitled to working conditions equivalent to those of citizens of the Union.
 
 
 
'''Article 16'''
 
Freedom to conduct a business
 
The freedom to conduct a business in accordance with Community law and national laws and practices
 
is recognised.
 
 
 
'''Article 17'''
 
Right to property
 
 
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired
 
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired
 
possessions. No one may be deprived of his or her possessions, except in the public interest and in
 
possessions. No one may be deprived of his or her possessions, except in the public interest and in
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time for their loss. The use of property may be regulated by law in so far as is necessary for the general
 
time for their loss. The use of property may be regulated by law in so far as is necessary for the general
 
interest.
 
interest.
2. Intellectual property shall be protected.
 
  
'''Article 18'''
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====Article 20: Equality before the law====
Right to asylum
 
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28
 
July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with
 
the Treaty establishing the European Community.
 
 
 
'''Article 19'''
 
Protection in the event of removal, expulsion or extradition
 
1. Collective expulsions are prohibited.
 
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or
 
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or
 
punishment.
 
C 364/12 EN Official Journal of the European Communities 18.12.2000
 
 
 
== CHAPTER III ==
 
 
 
Equality
 
 
 
'''Article 20'''
 
Equality before the law
 
 
Everyone is equal before the law.
 
Everyone is equal before the law.
  
'''Article 21'''
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====Article 21: Non-discrimination====
Non-discrimination
 
 
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic
 
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic
 
features, language, religion or belief, political or any other opinion, membership of a national minority,
 
features, language, religion or belief, political or any other opinion, membership of a national minority,
 
property, birth, disability, age or sexual orientation shall be prohibited.
 
property, birth, disability, age or sexual orientation shall be prohibited.
2. Within the scope of application of the Treaty establishing the European Community and of the
 
Treaty on European Union, and without prejudice to the special provisions of those Treaties, any
 
discrimination on grounds of nationality shall be prohibited.
 
  
'''Article 22'''
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====Article 47: Right to an effective remedy and to a fair trial====
Cultural, religious and linguistic diversity
 
The Union shall respect cultural, religious and linguistic diversity.
 
 
 
'''Article 23'''
 
Equality between men and women
 
Equality between men and women must be ensured in all areas, including employment, work and pay.
 
The principle of equality shall not prevent the maintenance or adoption of measures providing for
 
specific advantages in favour of the under-represented sex.
 
 
 
'''Article 24'''
 
The rights of the child
 
1. Children shall have the right to such protection and care as is necessary for their well-being. They
 
may express their views freely. Such views shall be taken into consideration on matters which concern
 
them in accordance with their age and maturity.
 
2. In all actions relating to children, whether taken by public authorities or private institutions, the
 
child's best interests must be a primary consideration.
 
18.12.2000 EN Official Journal of the European Communities C 364/13
 
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct
 
contact with both his or her parents, unless that is contrary to his or her interests.
 
 
 
'''Article 25'''
 
The rights of the elderly
 
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence
 
and to participate in social and cultural life.
 
 
 
'''Article 26'''
 
Integration of persons with disabilities
 
The Union recognises and respects the right of persons with disabilities to benefit from measures
 
designed to ensure their independence, social and occupational integration and participation in the
 
life of the community.
 
C 364/14 EN Official Journal of the European Communities 18.12.2000
 
 
 
 
 
== CHAPTER IV ==
 
 
 
 
 
Solidarity
 
 
 
'''Article 27'''
 
Workers' right to information and consultation within the undertaking
 
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation
 
in good time in the cases and under the conditions provided for by Community law and national
 
laws and practices.
 
 
 
'''Article 28'''
 
Right of collective bargaining and action
 
Workers and employers, or their respective organisations, have, in accordance with Community law and
 
national laws and practices, the right to negotiate and conclude collective agreements at the appropriate
 
levels and, in cases of conflicts of interest, to take collective action to defend their interests, including
 
strike action.
 
 
 
'''Article 29'''
 
Right of access to placement services
 
Everyone has the right of access to a free placement service.
 
 
 
'''Article 30'''
 
Protection in the event of unjustified dismissal
 
Every worker has the right to protection against unjustified dismissal, in accordance with Community
 
law and national laws and practices.
 
 
 
'''Article 31'''
 
Fair and just working conditions
 
1. Every worker has the right to working conditions which respect his or her health, safety and
 
dignity.
 
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest
 
periods and to an annual period of paid leave.
 
18.12.2000 EN Official Journal of the European Communities C 364/15
 
 
 
'''Article 32'''
 
Prohibition of child labour and protection of young people at work
 
The employment of children is prohibited. The minimum age of admission to employment may not be
 
lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable
 
to young people and except for limited derogations.
 
Young people admitted to work must have working conditions appropriate to their age and be protected
 
against economic exploitation and any work likely to harm their safety, health or physical, mental, moral
 
or social development or to interfere with their education.
 
 
 
'''Article 33'''
 
Family and professional life
 
1. The family shall enjoy legal, economic and social protection.
 
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal
 
for a reason connected with maternity and the right to paid maternity leave and to parental leave
 
following the birth or adoption of a child.
 
 
 
'''Article 34'''
 
Social security and social assistance
 
1. The Union recognises and respects the entitlement to social security benefits and social services
 
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and
 
in the case of loss of employment, in accordance with the rules laid down by Community law and
 
national laws and practices.
 
2. Everyone residing and moving legally within the European Union is entitled to social security
 
benefits and social advantages in accordance with Community law and national laws and practices.
 
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to
 
social and housing assistance so as to ensure a decent existence for all those who lack sufficient
 
resources, in accordance with the rules laid down by Community law and national laws and practices.
 
 
 
'''Article 35'''
 
Health care
 
Everyone has the right of access to preventive health care and the right to benefit from medical
 
treatment under the conditions established by national laws and practices. A high level of human
 
health protection shall be ensured in the definition and implementation of all Union policies and
 
activities.
 
 
 
C 364/16 EN Official Journal of the European Communities 18.12.2000
 
 
 
'''Article 36'''
 
Access to services of general economic interest
 
The Union recognises and respects access to services of general economic interest as provided for in
 
national laws and practices, in accordance with the Treaty establishing the European Community, in
 
order to promote the social and territorial cohesion of the Union.
 
 
 
'''Article 37'''
 
Environmental protection
 
A high level of environmental protection and the improvement of the quality of the environment must
 
be integrated into the policies of the Union and ensured in accordance with the principle of sustainable
 
development.
 
 
 
'''Article 38'''
 
Consumer protection
 
Union policies shall ensure a high level of consumer protection.
 
18.12.2000 EN Official Journal of the European Communities C 364/17
 
 
 
== CHAPTER V ==
 
 
 
 
 
Citizen's Rights
 
 
 
'''Article 39'''
 
Right to vote and to stand as a candidate at elections to the European Parliament
 
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the
 
European Parliament in the Member State in which he or she resides, under the same conditions as
 
nationals of that State.
 
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and
 
secret ballot.
 
 
 
'''Article 40'''
 
Right to vote and to stand as a candidate at municipal elections
 
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the
 
Member State in which he or she resides under the same conditions as nationals of that State.
 
 
 
'''Article 41'''
 
Right to good administration
 
1. Every person has the right to have his or her affairs handled impartially, fairly and within a
 
reasonable time by the institutions and bodies of the Union.
 
2. This right includes:
 
the right of every person to be heard, before any individual measure which would affect him or her
 
adversely is taken;
 
the right of every person to have access to his or her file, while respecting the legitimate interests of
 
confidentiality and of professional and business secrecy;
 
the obligation of the administration to give reasons for its decisions.
 
3. Every person has the right to have the Community make good any damage caused by its institutions
 
or by its servants in the performance of their duties, in accordance with the general principles
 
common to the laws of the Member States.
 
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and
 
must have an answer in the same language.
 
C 364/18 EN Official Journal of the European Communities 18.12.2000
 
 
 
'''Article 42'''
 
Right of access to documents
 
Any citizen of the Union, and any natural or legal person residing or having its registered office in a
 
Member State, has a right of access to European Parliament, Council and Commission documents.
 
 
 
'''Article 43'''
 
Ombudsman
 
Any citizen of the Union and any natural or legal person residing or having its registered office in a
 
Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the
 
activities of the Community institutions or bodies, with the exception of the Court of Justice and the
 
Court of First Instance acting in their judicial role.
 
 
 
'''Article 44'''
 
Right to petition
 
Any citizen of the Union and any natural or legal person residing or having its registered office in a
 
Member State has the right to petition the European Parliament.
 
 
 
'''Article 45'''
 
Freedom of movement and of residence
 
1. Every citizen of the Union has the right to move and reside freely within the territory of the
 
Member States.
 
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing
 
the European Community, to nationals of third countries legally resident in the territory of a Member
 
State.
 
 
 
'''Article 46'''
 
 
 
Diplomatic and consular protection
 
Every citizen of the Union shall, in the territory of a third country in which the Member State of which
 
he or she is a national is not represented, be entitled to protection by the diplomatic or consular
 
authorities of any Member State, on the same conditions as the nationals of that Member State.
 
18.12.2000 EN Official Journal of the European Communities C 364/19
 
 
 
== CHAPTER VI ==
 
 
 
Justice
 
 
 
'''Article 47'''
 
Right to an effective remedy and to a fair trial
 
 
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an
 
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an
 
effective remedy before a tribunal in compliance with the conditions laid down in this Article.
 
effective remedy before a tribunal in compliance with the conditions laid down in this Article.
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Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary
 
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary
 
to ensure effective access to justice.
 
to ensure effective access to justice.
'''
 
Article 48'''
 
  
Presumption of innocence and right of defence
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====Article 48: Presumption of innocence and right of defence====
 
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
 
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
 +
 
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
 
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
  
'''Article 49'''
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====Article 49: Principles of legality and proportionality of criminal offences and penalties====
 
 
Principles of legality and proportionality of criminal offences and penalties
 
 
1. No one shall be held guilty of any criminal offence on account of any act or omission which did
 
1. No one shall be held guilty of any criminal offence on account of any act or omission which did
 
not constitute a criminal offence under national law or international law at the time when it was
 
not constitute a criminal offence under national law or international law at the time when it was
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criminal offence was committed. If, subsequent to the commission of a criminal offence, the law
 
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law
 
provides for a lighter penalty, that penalty shall be applicable.
 
provides for a lighter penalty, that penalty shall be applicable.
 +
 
2. This Article shall not prejudice the trial and punishment of any person for any act or omission
 
2. This Article shall not prejudice the trial and punishment of any person for any act or omission
 
which, at the time when it was committed, was criminal according to the general principles recognised
 
which, at the time when it was committed, was criminal according to the general principles recognised
 
by the community of nations.
 
by the community of nations.
 +
 
3. The severity of penalties must not be disproportionate to the criminal offence.
 
3. The severity of penalties must not be disproportionate to the criminal offence.
  
'''Article 50'''
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====Article 50: Right not to be tried or punished twice in criminal proceedings for the same criminal offence====
 
 
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
 
 
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he
 
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he
 
or she has already been finally acquitted or convicted within the Union in accordance with the law.
 
or she has already been finally acquitted or convicted within the Union in accordance with the law.
C 364/20 EN Official Journal of the European Communities 18.12.2000
 
 
== CHAPTER VII ==
 
 
General Provisions
 
 
'''Article 51'''
 
Scope
 
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due
 
regard for the principle of subsidiarity and to the Member States only when they are implementing
 
Union law. They shall therefore respect the rights, observe the principles and promote the application
 
thereof in accordance with their respective powers.
 
2. This Charter does not establish any new power or task for the Community or the Union, or
 
modify powers and tasks defined by the Treaties.
 
 
'''Article 52'''
 
Scope of guaranteed rights
 
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be
 
provided for by law and respect the essence of those rights and freedoms. Subject to the principle of
 
proportionality, limitations may be made only if they are necessary and genuinely meet objectives of
 
general interest recognised by the Union or the need to protect the rights and freedoms of others.
 
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on
 
European Union shall be exercised under the conditions and within the limits defined by those Treaties.
 
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention
 
for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights
 
shall be the same as those laid down by the said Convention. This provision shall not prevent Union law
 
providing more extensive protection.
 
  
'''Article 53'''
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=Legal effect of the Charter of Fundamental Rights of the European Union=
Level of protection
+
The Charter is binding on all the Member States of the European Union, which are the following:
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and
 
fundamental freedoms as recognised, in their respective fields of application, by Union law and international
 
law and by international agreements to which the Union, the Community or all the Member
 
States are party, including the European Convention for the Protection of Human Rights and Fundamental
 
Freedoms, and by the Member States' constitutions.
 
18.12.2000 EN Official Journal of the European Communities C 364/21
 
  
'''Article 54'''
+
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Prohibition of abuse of rights
 
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform
 
any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their
 
limitation to a greater extent than is provided for herein
 
 
----
 
----
 
See [[International Law]]
 
See [[International Law]]

Latest revision as of 13:38, 30 April 2012

Adopted at the Presidents of the European Parliament, the Council and the Commission at the European Council meeting in Nice on December 7, 2000. Entered into force on December 1, 2009.

Relevant Provisions of the Charter of Fundamental Rights of the European Union

Article 1: Human Dignity

Human dignity is inviolable. It must be respected and protected.

Article 2: Right to life

1. Everyone has the right to life.

2. No one shall be condemned to the death penalty, or executed.

Article 3: Right to the integrity of the person

1. Everyone has the right to respect for his or her physical and mental integrity. 2. In the fields of medicine and biology, the following must be respected in particular: the free and informed consent of the person concerned, according to the procedures laid down by law, the prohibition of eugenic practices, in particular those aiming at the selection of persons, the prohibition on making the human body and its parts as such a source of financial gain, the prohibition of the reproductive cloning of human beings.

Article 4: Prohibition of torture and inhuman or degrading treatment or punishment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 6: Right to liberty and security

Everyone has the right to liberty and security of person.

Article 7: Respect for private and family life

Everyone has the right to respect for his or her private and family life, home and communications.

Article 8: Protection of personal data

1. Everyone has the right to the protection of personal data concerning him or her.

2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

3. Compliance with these rules shall be subject to control by an independent authority.

Article 10: Freedom of thought, conscience and religion

1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.

Article 11: Freedom of expression and information

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 2. The freedom and pluralism of the media shall be respected.

Article 12: Freedom of assembly and of association

1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.

Article 17: Right to property

1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

Article 20: Equality before the law

Everyone is equal before the law.

Article 21: Non-discrimination

1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

Article 47: Right to an effective remedy and to a fair trial

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

Article 48: Presumption of innocence and right of defence

1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.

2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

Article 49: Principles of legality and proportionality of criminal offences and penalties

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.

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

3. The severity of penalties must not be disproportionate to the criminal offence.

Article 50: Right not to be tried or punished twice in criminal proceedings for the same criminal offence

No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.

Legal effect of the Charter of Fundamental Rights of the European Union

The Charter is binding on all the Member States of the European Union, which are the following:

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.


See International Law