The European
Parliament, the Council and the Commission solemnly proclaim the following text
as the Charter of Fundamental Rights of the European Union.
Charter of Fundamental Rights of the European Union
The peoples of
Europe, in creating an ever closer union among them, are resolved to share a
peaceful future based on common values.
Conscious of its
spiritual and moral heritage, the Union is founded on the indivisible,
universal values of human dignity, freedom, equality and solidarity; it is
based on the principles of democracy and the rule of law. It places the
individual at the heart of its activities, by establishing the citizenship of
the Union and by creating an area of freedom, security and justice.
The Union
contributes to the preservation and to the development of these common values
while respecting the diversity of the cultures and traditions of the peoples of
Europe as well as the national identities of the Member States and the
organisation of their public authorities at national, regional and local
levels; it seeks to promote balanced and sustainable development and ensures
free movement of persons, services, goods 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 Union and for the
principle of subsidiarity, the rights as they result, in particular, from the
constitutional traditions and international obligations common to the Member
States, the European Convention for the Protection of Human Rights and Fundamental
Freedoms, the Social Charters adopted by the Union and by the Council of Europe
and the case-law of the Court of Justice of the European Union and of the
European Court of Human Rights. In this context the Charter will be interpreted
by the courts of the Union and the Member States with due regard to the
explanations prepared under the authority of the Praesidium of the Convention
which drafted the Charter and updated under the responsibility of the
Praesidium of the European Convention.
Enjoyment of
these rights entails responsibilities and duties with regard to other persons,
to the human community and to future generations.
The Union
therefore recognises the rights, freedoms and principles set out hereafter.
TITLE I
DIGNITY
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:
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(a)
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the free and
informed consent of the person concerned, according to the procedures laid
down by law;
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(b)
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the
prohibition of eugenic practices, in particular those aiming at the selection
of persons;
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(c)
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the
prohibition on making the human body and its parts as such a source of
financial gain;
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(d)
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the
prohibition of the reproductive cloning of human beings.
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Article 4
Prohibition of
torture and inhuman or degrading treatment or punishment
No one shall be
subjected to torture or to inhuman or degrading treatment or punishment.
Article 5
Prohibition of
slavery and forced labour
1. No
one shall be held in slavery or servitude.
2. No
one shall be required to perform forced or compulsory labour.
3. Trafficking
in human beings is prohibited.
TITLE II
FREEDOMS
Article 6
Right to liberty
and security
Everyone has the
right to liberty and security of person.
Article 7
Respect for
private and family life
Everyone has the
right to respect for his or her private and family life, home and
communications.
Article 8
Protection of
personal data
1. Everyone
has the right to the protection of personal data concerning him or her.
2. Such
data must be processed fairly for specified purposes and on the basis of the
consent of the person concerned or some other legitimate basis laid down by
law. Everyone has the right of access to data which has been collected concerning
him or her, and the right to have it rectified.
3. Compliance
with these rules shall be subject to control by an independent authority.
Article 9
Right to marry
and right to found a family
The right to
marry and the right to found a family shall be guaranteed in accordance with
the national laws governing the exercise of these rights.
Article 10
Freedom of
thought, conscience and religion
1. Everyone
has the right to freedom of thought, conscience and religion. This right
includes freedom to change religion or belief and freedom, either alone or in
community with others and in public or in private, to manifest religion or
belief, in worship, teaching, practice and observance.
2. The
right to conscientious objection is recognised, in accordance with the national
laws governing the exercise of this right.
Article 11
Freedom of
expression and information
1. Everyone
has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference
by public authority and regardless of frontiers.
2. The
freedom and pluralism of the media shall be respected.
Article 12
Freedom of
assembly and of association
1. Everyone
has the right to freedom of peaceful assembly and to freedom of association at
all levels, in particular in political, trade union and civic matters, which
implies the right of everyone to form and to join trade unions for the
protection of his or her interests.
2. Political
parties at Union level contribute to expressing the political will of the
citizens of the Union.
Article 13
Freedom of the
arts and sciences
The arts and
scientific research shall be free of constraint. Academic freedom shall be
respected.
Article 14
Right to
education
1. Everyone
has the right to education and to have access to vocational and continuing
training.
2. This
right includes the possibility to receive free compulsory education.
3. The
freedom to found educational establishments with due respect for democratic
principles and the right of parents to ensure the education and teaching of
their children in conformity with their religious, philosophical and
pedagogical convictions shall be respected, in accordance with the national
laws governing the exercise of such freedom and right.
Article 15
Freedom to
choose an occupation and right to engage in work
1. Everyone
has the right to engage in work and to pursue a freely chosen or accepted
occupation.
2. Every
citizen of the Union has the freedom to seek employment, to work, to exercise
the right of establishment and to provide services in any Member State.
3. Nationals
of third countries who are authorised to work in the territories of the Member
States are entitled to working conditions equivalent to those of citizens of
the Union.
Article 16
Freedom to
conduct a business
The freedom to
conduct a business in accordance with Union law and national laws and practices
is recognised.
Article 17
Right to
property
1. Everyone
has the right to own, use, dispose of and bequeath his or her lawfully acquired
possessions. No one may be deprived of his or her possessions, except in the
public interest and in the cases and under the conditions provided for by law,
subject to fair compensation being paid in good time for their loss. The use of
property may be regulated by law in so far as is necessary for the general
interest.
2. Intellectual
property shall be protected.
Article 18
Right to asylum
The right to
asylum shall be guaranteed with due respect for the rules of the Geneva
Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the
status of refugees and in accordance with the Treaty on European Union and the
Treaty on the Functioning of the European Union (hereinafter referred to as
‘the Treaties’).
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.
TITLE III
EQUALITY
Article 20
Equality before
the law
Everyone is
equal before the law.
Article 21
Non-discrimination
1. Any
discrimination based on any ground such as sex, race, colour, ethnic or social
origin, genetic features, language, religion or belief, political or any other
opinion, membership of a national minority, property, birth, disability, age or
sexual orientation shall be prohibited.
2. Within
the scope of application of the Treaties and without prejudice to any of their
specific provisions, any discrimination on grounds of nationality shall be
prohibited.
Article 22
Cultural,
religious and linguistic diversity
The Union shall
respect cultural, religious and linguistic diversity.
Article 23
Equality between
women and men
Equality between
women and men must be ensured in all areas, including employment, work and pay.
The principle of
equality shall not prevent the maintenance or adoption of measures providing
for specific advantages in favour of the under-represented sex.
Article 24
The rights of
the child
1. Children
shall have the right to such protection and care as is necessary for their
well-being. They may express their views freely. Such views shall be taken into
consideration on matters which concern them in accordance with their age and
maturity.
2. In
all actions relating to children, whether taken by public authorities or
private institutions, the child's best interests must be a primary
consideration.
3. Every
child shall have the right to maintain on a regular basis a personal
relationship and direct contact with both his or her parents, unless that is contrary
to his or her interests.
Article 25
The rights of
the elderly
The Union
recognises and respects the rights of the elderly to lead a life of dignity and
independence and to participate in social and cultural life.
Article 26
Integration of
persons with disabilities
The Union
recognises and respects the right of persons with disabilities to benefit from
measures designed to ensure their independence, social and occupational
integration and participation in the life of the community.
TITLE 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
Union 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 Union
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 Union
law and national laws and practices.
Article 31
Fair and just working
conditions
1. Every
worker has the right to working conditions which respect his or her health,
safety and dignity.
2. Every
worker has the right to limitation of maximum working hours, to daily and
weekly rest periods and to an annual period of paid leave.
Article 32
Prohibition of
child labour and protection of young people at work
The employment
of children is prohibited. The minimum age of admission to employment may not
be lower than the minimum school-leaving age, without prejudice to such rules
as may be more favourable to young people and except for limited derogations.
Young people
admitted to work must have working conditions appropriate to their age and be
protected against economic exploitation and any work likely to harm their
safety, health or physical, mental, moral or social development or to interfere
with their education.
Article 33
Family and
professional life
1. The
family shall enjoy legal, economic and social protection.
2. To
reconcile family and professional life, everyone shall have the right to
protection from dismissal for a reason connected with maternity and the right
to paid maternity leave and to parental leave following the birth or adoption
of a child.
Article 34
Social security
and social assistance
1. The
Union recognises and respects the entitlement to social security benefits and
social services providing protection in cases such as maternity, illness,
industrial accidents, dependency or old age, and in the case of loss of
employment, in accordance with the rules laid down by Union 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 Union 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 Union 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 the Union's policies and activities.
Article 36
Access to
services of general economic interest
The Union
recognises and respects access to services of general economic interest as
provided for in national laws and practices, in accordance with the Treaties,
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.
TITLE V
CITIZENS' 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, bodies, offices and agencies of
the Union.
2. This right includes:
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(a)
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the right of every person to be heard, before any
individual measure which would affect him or her adversely is taken;
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(b)
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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;
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(c)
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the obligation of the administration to give reasons
for its decisions.
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3. Every person has the
right to have the Union make good any damage caused by its institutions or by
its servants in the performance of their duties, in accordance with the general
principles common to the laws of the Member States.
4. Every person may
write to the institutions of the Union in one of the languages of the Treaties
and must have an answer in the same language.
Article 42
Right of access to documents
Any citizen of the Union, and any
natural or legal person residing or having its registered office in a Member
State, has a right of access to documents of the institutions, bodies, offices
and agencies of the Union, whatever their medium.
Article 43
European 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 European Ombudsman cases of maladministration in the
activities of the institutions, bodies, offices or agencies of the Union, with
the exception of the Court of Justice of the European Union acting in its
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 Treaties, 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.
TITLE 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 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 the one
that 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.
TITLE VII
GENERAL PROVISIONS
GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER
Article 51
Field of application
1. The provisions of
this Charter are addressed to the institutions, bodies, offices and agencies 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 and respecting the limits of the powers
of the Union as conferred on it in the Treaties.
2. The Charter does not
extend the field of application of Union law beyond the powers of the Union or
establish any new power or task for the Union, or modify powers and tasks as
defined in the Treaties.
Article 52
Scope and interpretation of rights and
principles
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 for which provision is made in the Treaties 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.
4. In so far as this
Charter recognises fundamental rights as they result from the constitutional
traditions common to the Member States, those rights shall be interpreted in
harmony with those traditions.
5. The provisions of
this Charter which contain principles may be implemented by legislative and
executive acts taken by institutions, bodies, offices and agencies of the
Union, and by acts of Member States when they are implementing Union law, in
the exercise of their respective powers. They shall be judicially cognisable
only in the interpretation of such acts and in the ruling on their legality.
6. Full account shall
be taken of national laws and practices as specified in this Charter.
7. The explanations
drawn up as a way of providing guidance in the interpretation of this Charter
shall be given due regard by the courts of the Union and of the Member States.
Article 53
Level of
protection
Nothing in this
Charter shall be interpreted as restricting or adversely affecting human rights
and fundamental freedoms as recognised, in their respective fields of
application, by Union law and international law and by international agreements
to which the Union or all the Member States are party, including the European
Convention for the Protection of Human Rights and Fundamental Freedoms, and by
the Member States' constitutions.
Article 54
Prohibition of
abuse of rights
Nothing in this
Charter shall be interpreted as implying any right to engage in any activity or
to perform any act aimed at the destruction of any of the rights and freedoms
recognised in this Charter or at their limitation to a greater extent than is
provided for herein.
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