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, goods, services and capital, and the freedom of establishment. To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in society, social progress and scientific and technological developments by making those rights more visible in a Charter.

This Charter reaffirms, with due regard for the powers and tasks of the Community and the Union and the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court of Justice of the European Communities and of the European Court of Human Rights.

Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human community and to future generations. The Union therefore recognises the rights, freedoms and principles set out hereafter.

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,

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

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

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

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

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

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.

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.

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.

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

Everyone has the right to education and to have access to vocational and continuing training. This right includes the possibility to receive free compulsory education. 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.

Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.

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.

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.

The freedom to conduct a business in accordance with Community law and national laws and practices is recognised.

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.

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.

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.

Article 21 Non-discrimination 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.

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 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.

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.

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.

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.

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.

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 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.

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.

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

The family shall enjoy legal, economic and social protection. 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.

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.

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.

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.

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 39 Right to vote and to stand as a candidate at elections to the European Parliament

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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 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.

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.

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.

I've been trying to read this for a while, and post it. I found a nice pdf-to-text extraction tool (Xpdf) and did the conversion. I then edited it by adding paragraphs for readability. It's not the prettiest perhaps but is much easier to read, discuss, cut and paste than any other version I have seen.

This is basically what Hillary, The Democrats, Unions, Liberals, RINOs and even a bunch of main stream Republicans would like to replace our Constituion with. Using the FDR court packing tactic they have implemented about 1/2 of this as the law of the land here in the USA without ever using the legal process of ammending the constitution.

Article 2 Right to life

Everyone has the right to life.

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

IF they were serious and truly meant this one, that would make abortion illegal!

IT IS NOT A CHOICE,
IT IS A CHILD!!!!!!

The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Then there is no equality, just government sanctioned discrimination.

It sure will be fun watching Europeans struggle with all of this. Of course it's DOOMED to fail.

They're gonna find out just how loony the whole idea is, in fact if they don't already see that(remember Chirac scolding his fellow members and told them to shut up) them they get what they deserve.

I got a good laugh at the Greeks filing "war crime" charges against Tony Blair in the ICC. That should show them something. LOL!

Article 19 Protection in the event of removal, expulsion or extradition
Collective expulsions are prohibited.

This would effectively prohibit any EU country from extraditing any criminal, inlcuding terrorists, to the US under any circumstances.

It would also mean that any murderer who was able to slip away and fly to the EU would have it made.

There are several problems. It's certain that the "right to life" will not include the unborn. And despite an article to the contrary, "voluntary" euthanasia will continue to spread as it has done in the Netherlands, and the state will put substantial numbers of old and ill people "out of their misery" whether they like it or not.

But the basic problem with the EU is that nobody gets to vote for the centralized rulers. They will have a totalitarian socialist government laying down and interpreting the law and no way to vote them out.

"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.

What happened to trail by jury of peers...?

My rights are impinged by the "tribunal" so its fundamentally flawed.

Alice in Euroland....verdict first then the tribunal.

Lenin must be laughing in his grave today

"the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity"

Solidarity? Dignity? What was wrong with "life, liberty and the pursuit of happiness"? And what is the EU that it should list rights as if it is their creator?

Article 55. The Right of Invasion.

Consistent with Article 18, The Right to Asylum, anyone foreign national claiming to be to from a country in which they are likely to face degrading treatment may enter the Union, be entitled to working conditions equivalent to those of citizens of the Union (Article 15), have access to vocational and continuing training (Article 14) (learn to fly a plane!), receive free compulsory education for your children, accomodations for your disabilities, social security, preventative health care and medical treatment, be accomodated for your linguistic and cultural nuances, and freely move around any Member state carrying the same level of accomodations.

The candy store is now open!

Unfortunately, your right to keep whatever you have earned (and why bother?) (Article 17) is regulated by law in so far as is necessary for the general interest, and the General Interest is going to be shelling out alot of money to pay for all of the other "rights".

To all Europeans who may read this: Don't allow these statists to take by stealth what could not be taken by force, the freedom and independence of all Europe.
Millions of men have died painful deaths, more have been maimed and ruined so that you could be free. While the violent threat of Soviet expansionism has been crumbled, at least for a time by its own weight, there are still many who believe that government ought to have jurisdiction over every area of life, and that the state should be subject to no other law than it's own.
Europe is not threatened by today by salvos of nuclear missiles, or formations of Soviet bombers or tank columns, but by politicians who want to accomplish the subjagtion of their own homelands without a shot. Although this threat takes a different form it must be given all the opposition that was given to the less hidden menaces of communism and nazism or it will bring into fulfillment many of their goals behind a veil of legality, progress, and diplomacy.

Article 2 Right to life
Everyone has the right to life.
No one shall be condemned to the death penalty, or executed.

.. except the sick, the elderly, and fetuses.

Everybody also has the right to get married and have a family.

I guess that means Geoff and Bruce can get married and adopt (or buy through surrogate mothers) little boy children to raise "as they see fit."

The EU is on the fast track to hell.

Does anyone have any idea if an individual going
to have the right to sue in Court to protect their
rights under the EU document?

How are these rights in this document to be enforced
in the European Courts who has standing to bring
legal action to enforce them?

Could make any real freedoms given in them meaningless
by simply not giving anyone a workable means
to enforce his rights.

bump.

great job Jack.

This stupid fundamental rights document does nothing but create a vast new array of entitlements, and expand power of the government to transfer looted wealth.

The fact that they are trying to hardwire it in to what they may view as the equivalent of our Bill of Rights is truly frightening.

Thank you. I consider it emblamatic of the EU that while they have translated it into 12 languages they post it only in Adobe, a semi-proprietary format that discourages disemination, quotation and thus commentary. It is gratifying to see that a lot of other people feel the same way that I do about this: its a blueprint for a nightmare.

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