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Human rights protection and the European Union. Historical review  Universal Declaration of Human Rights (1948)  International Covenant on Economic,

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Presentation on theme: "Human rights protection and the European Union. Historical review  Universal Declaration of Human Rights (1948)  International Covenant on Economic,"— Presentation transcript:

1 Human rights protection and the European Union

2 Historical review  Universal Declaration of Human Rights (1948)  International Covenant on Economic, Social and Cultural Rights (1966)  International Covenant on Civil and Political Rights (1966)  European Convention on Human Rights and Fundamental Freedoms (1950)  European Social Charter (1961) Council of Europe: Council of Europe: United Nations:

3 European Union: ... ???  June 1999: Cologne, Germany – first idea of a document that will incororate all human rights on the EU level  December 1999: work on the Charter started  October 2000: proposal of the Charter adopted  December 2001: idea of incorporating the Charter into the Treaty establishing the Constitution for Europe  December 2002: formal presentation of the Charter on the EU Summit in Nice  29th Okt. 2004: signature of the Constitutional Treaty in Rome which consist the Charter

4 Charter of Fundamental Rights of the EU  basis in the European Convention (Art.6 Maastricht Treaty)  not replace, but incorporate  Charter > Convention  + EU citizenship Character of the Charter:

5 Charter of Fundamental Rights of the EU Preamble 1. Dignity 2. Freedoms 3. Equality 4. Solidarity 5. Citizen’s rights 6. Justice 7. General provisions Content: (54 Articles)

6 Charter of Fundamental Rights of the EU   1. Human dignity   2. Right to life   3. Right to the integrity of the person   4. Prohibition of torture and inhuman or degrading treatment or punishment   5. Prohibition of slavery and forced labour 1. Dignity:

7 Charter of Fundamental Rights of the EU   1. Right to liberty and security   2. Respect for private and family life   3. Protection of personal data   4. Right to marry and right to found a family   5. Freedom of thought, conscience and religion   6. Freedom of expression and information   7. Freedom of assembly and of association   8. Freedom of the arts and sciences   9. Right to education   10. Freedom to choose an occupation and right to engage in work   11. Freedom to conduct a business   12. Right to property   13 Right to asylum   14. Protection in the event of removal, expulsion or extradition 2. Freedoms:

8 Charter of Fundamental Rights of the EU   1. Equality before the law   2. Non-discrimination   3. Cultural, religious and linguistic diversity   4. Equality between men and women   5. The rights of the child   6. The rights of the elderly   7. Integration of persons with disabilities 3. Equality:

9 Charter of Fundamental Rights of the EU   1. Workers' right to information and consultation within the undertaking   2. Right of collective bargaining and action   3. Right of access to placement services   4. Protection in the event of unjustified dismissal   5. Fair and just working conditions   6. Prohibition of child labour and protection of young people at work   7. Family and professional life   8. Social security and social assistance   9. Health care   10. Access to services of general economic interest   11. Environmental protection   12.Consumer protection 4. Solidarity:

10 Charter of Fundamental Rights of the EU   1. Right to vote and to stand as a candidate at elections to the European Parliament   2. Right to vote and to stand as a candidate at municipal elections   3. Right to good administration   4. Right of access to documents   5. Ombudsman   6. Right to petition   7. Freedom of movement and of residence   8. Diplomatic and consular protection 5. Citizen’s rights:

11 Charter of Fundamental Rights of the EU   1. Right to an effective remedy and to a fair trial   2. Presumption of innocence and right of defence   3. Principles of legality and proportionality of criminal offences and penalties   4. Right not to be tried or punished twice in criminal proceedings for the same criminal offence 6. Justice:

12 Charter of Fundamental Rights of the EU Presence…  Constitutional Treaty hasn’t been ratified  Charter is non binding, only political document binding for institutions  individuals cannot invoke the Charter to protect their rights  rights from EU-law => ECJ  human rights => European Court of Human Rights

13 Charter of Fundamental Rights of the EU … and the future?  possibility of separate adoption of the Charter in the form of international treaty  necessity of effective remedy in the case of violation of the Charter  possibility of extension of the ECJ jurisdiction for the cases from the Charter

14 Slovak Republic and the Charter  Constitutional treaty was confirmed in Slovak parliament  the party KDH (Christian Democrats) was against Opinions of KDH:  Slovak Constitution protects human rights sufficiently  the formulations in Charter are uncertain and vague  the 3rd generation rights are not so relevant and essential to be a part of the Charter Other relevant opinions:  Charter should involve more protection against state  Charter should involve the whole Convention and Social Charter


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