Overview Article 51 sets out the scope of the Charter of Fundamental Rights of the European Union. It is addressed to EU institutions, bodies and officers when they are implementing EU law. With due regard to the principle of subsidiarity, it applies to EU member states only when they are implementing EU law.The Charter does not apply to areas which are expressly outside the scope […]
Article 1 – Human dignity Human dignity is inviolable. It must be respected and protected. Article 1 acknowledges that human dignity is the basis for human rights and is a core value of the European Union. The principle is found in philosophical writings about the nature of humanity and being a human being. Human dignity is an absolute right. States must both ensure it is […]
Article 6 – Right to liberty and security Everyone has the right to liberty and security of person. The guarantee of personal liberty reflects the European Convention on Human Rights. Personal liberty may be curtailed by imprisonment and by other state actions involving any element of detention. Regard must be had to the type, duration, effect and manner of implementation of the measures in question […]
Article 9 – Right to marry and right to find 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 9 is equivalent to Article 12 of the European Convention on Human Rights. However, it is not in terms of men and women, representing the ever-evolving […]
Arts Sciences Religion & Beliefs Article 13 – Freedom of the arts and sciences The arts and scientific research shall be free of constraint. Academic freedom shall be respected. The Article has no direct equivalent in the European Convention on Human Rights. The ECHR has indicated that those who create perform distribute or exhibit works of art, contribute to the exchange of ideas and opinions […]
Overview Title III comprises Articles 20 to 24 of the Charter and provides for equality before the law of various categories of persons. They prohibit discrimination on the grounds set out. These include sex, race, ethnic or social origin, religion or belief. They reaffirm the basic principle in an article about respect for human dignity. Title III requires measures to be taken at the level […]
Overview Title IV of the EU Charter of Fundamental Rights deals with social rights and principles. It is entitled “Solidarity”. Many of the rights and principles are based on the European Social Charter and related international instruments. Prior to the adoption of the Charter, there was debate about the scope of the social provisions. Some states were opposed to the principle of inclusion of social […]
Overview Title V of the Charter sets out rights which attach to EU citizenship. EU citizenship was introduced by the Maastricht Treaty and commenced on 1 November 1993. The rights of EU citizens are now provided for under Treaty of European Union TEU and the Treaty on the Functioning of the European Union, TF EU and the Citizens Directive. The concept of EU citizenship extended […]
Overview Title VI Justice provides a procedural guarantee regarding the enforcement of rights under EU law. It is similar to the guarantees in the European Convention on Human Rights. It provides for an important right to fair proceedings. The right is broader than the corresponding right under the European Convention on Human Rights. The title also provides for the right to legal aid and the […]