1. TO BE OR NOT TO BE EUROPEAN “RIGHTS AND DUTIES”

2. “No one has yet fully realized the wealth of sympathy, kindness and generosity hidden in the soul of a child. The effort of every true education should be to unlock that treasure. The ultimate end of all revolutionary social change is to establish the sanctity of human life, the dignity of man, the right of every human being to liberty and well-being”. Emma Goldman (Russian-American Jewish lecturer and activist, 1869-1940)

3. Introduction 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. 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. To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in society. Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human community and to future generations.

4. Chapter I - Dignity

5. 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.

6. 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.

7. 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.

8. Chapter II - Freedom

9. Article 6 Right to liberty and security Everyone has the right to liberty and security of person.

10. 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.

11. 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.

12. 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 insofar as is necessary for the general interest. 2. Intellectual property shall be protected.

13. Chapter III - Equality

14. 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 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.

15. Article 22 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.

16. 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.

17. Chapter IV - Solidarity

18. Article 29 Right of access to placement services Everyone has the right of access to a free placement service. 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.

19. 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.

20. 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. Article 38 Consumer Protection Union policies shall ensure a high level of consumer protection.

21. Chapter V - Citizen's Rights

22. 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.

23. 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.

24. 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.

25. Chapter VI - Justice

26. 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.

27. Chapter VII - General Provisions

28. 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 recognized 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. Insofar 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.

29. 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.

30. SOME QUESTIONS ABOUT EUROPEAN COSTITUTION

31. Does the Constitution restrict the sovereignty of its Member States? Being part of the European Union means that countries pool their sovereignty. In other words, in areas where they have decided to work together, EU countries take joint decisions. They do so via EU institutions (such as the Parliament, Council and Commission) which they have set up for that purpose. They have given these institutions specific powers and responsibilities. This way of taking decisions jointly is called the “Community method”. It is designed to work for the common interest of all EU countries. The rules of the system are spelt out in the EU treaties, which are agreed unanimously by the Member States. The Constitution does not make any major changes in the present system. It does extend the scope of the “Community method” to cover the areas of judicial and police cooperation and defence – but this has been agreed unanimously by all the Member States, and the purpose is to enable them to tackle new challenges more effectively together.

32. Does the Constitution overrule national law? Yes, but so do the present EU treaties, so this is nothing new. We also have to be clear what “overrule” means. The Constitution says that EU law (i.e. the Constitution itself and the laws passed by the EU institutions) have “primacy” over the law of the Member States. What does this mean? First, by transferring powers to the EU institutions and setting up the “Community method” of decision-making, the EU Member States have created a body of law which applies to themselves and their citizens. EU law is an integral part of the law in each Member State, and the courts in every EU country are bound to apply it. This is spelt out in the Constitution for the first time, but it is not new. Indeed, it was made clear as long ago as 1964 by the European Court of Justice in its judgment in the case of Costa v. ENEL. Second, this “primacy” applies only in fields where the EU Member States have given powers and responsibilities to the Union. EU law does not in any way affect national laws unless they deal with matters for which the EU has responsibility.

33. What will the Constitution change for an “ordinary citizen”? The Constitution confirms everything the present treaties say about Union citizenship, and its gives the subject a higher profile. Article I-10 guarantees that all European citizens have the following rights: – to move and reside freely within the territory of the Union; – to vote and to stand as candidates in elections to the European Parliament and in municipal elections in the Member State where they live, under the same condition as nationals of that country; – to diplomatic protection in third countries; – to petition the European Parliament; – to apply to the European Ombudsman; – to write to, and obtain a reply from, EU institutions in any of the Constitution’s languages.

34. Does the Constitution weaken what the EU has achieved in the field of social protection? Not at all. The existing arrangements are maintained, and the word “social” appears 89 times in the Constitution! Only minor changes have been introduced, and these are not a step backwards. Quite the opposite, in fact: the Constitution contains some useful improvements such as extending the normal voting procedure to cover the coordination of social security arrangements for migrant workers. A highly competitive social market economy, full employment and social progress are listed among the Union’s objectives. The Union is responsible for coordinating the Member States’ economic policies and employment policies, and this allows for a possible coordination of their social policies. When defining and implementing its policies, the European Union has to take into account social goals such as promoting a high level of employment, adequate social protection and fighting against social exclusion. The Charter of Fundamental Rights, now an integral part of the Constitution, has a section on “solidarity”. This sets out a number of rights and principles directly relevant to the social field, such as the right of workers to be informed and consulted, the right to negotiate collective agreements and to take collective action, the right to protection against unjustified dismissal, the right of access to social security and social assistance, etc.

35. The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights, was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention establishes the European Court of Human Rights. Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court; the decisions of the Court are legally binding, and the Court has the power to award damages. State Parties can also take cases against other State Parties to the Court, although this power is rarely used. The Convention has several protocols. For example, Protocol 6 prohibits the death penalty except in time of war. The protocols accepted varied from State Party to State Party, though it is understood that State Parties should be party to as many protocols as possible.

36. Substantive contents The Convention has five main sections. The main right and freedoms are contained in Section I, which consists of Articles 2 to 18. Originally, Section II (Article 19) set up the Commission and the Court, Sections III (Articles 20 to37) and IV (Articles 38 to 59) included the high-level machinery for the operation of, respectively, the Commission and the Court, and Section V contained various concluding provisions. Many of the Articles in Section I are structured in two paragraphs: the first sets out a basic right or freedom (such as Article 2(1) - the right to life) but the second contains various exclusions, exceptions or limitations on the basic right (such as Article 2(2) - which excepts certain uses of force leading to death).

37. History of Human rights in Europe Pre-1945 1689: The English Bill of Rights, England. 1689: The Claim of Right, Scotland. 1690: The Second Treatise of Civil Government by John Locke. Between 1750 and 1860: The majority of the Inclosure Acts, a number of United Kingdom Acts of Parliament inclosed common land in the country taking away the rights that people once held, to graze animals on these areas when not planted by crops. N.B: Common usage is enclosure, but this is not the name of the acts. 1772: British court ruling by William Murray, 1st Earl of Mansfield set a precedent that slavery had no basis in law. 1789: The Declaration of the Rights of Man and of the Citizen, France. 1790: The Rights of Man by Thomas Paine. 1794: France abolished slavery. 1802: France re-introduced slavery. 1804: The Napoleonic code, France and French conquests under Napoleon. 1807: British abolition of the slave trade (but not of slavery itself). 1832: British Reform Act extended voting rights and made trade unions legal.

38. 1833: British abolition of slavery. 1845: Another United Kingdom General Enclosure Act allowed for the employment of enclosure Commissioners who could enclose land without submitting a request to parliament. The people's right of common land gradually ceased to exist in the UK in the sense previously understood. 1848: French abolition of slavery. 1859: On Liberty by John Stuart Mill. 1861: Russian abolition of serfdom. 1863: Netherlands abolition of slavery. 1867: British Second Reform Act extended voting rights to all urban male householders. 1884: British Representation of the People Act extended male voting rights from the town to the country. 1906: Finland introduced universal suffrage in national elections (and in 1917 this was extended to local elections). 1918: Another British Representation of the People Act removed most the restrictions on male voting rights, permitting nearly all men to vote and also granting the vote to women over 30 if they owned property.

39. The 29 th October 2004 is a date that changed the history, the leaders of EU’s countries signed the European Costitution. This chart estabilish foundamental points for the life of all european’s citizens. In our time only a few of countries in the world, can count on a chart where are written the human’s rights. It is also true that not ever the dignity of man is respected. We must work on a society based on the reciprocal respect.