Human rights protection and the European Union

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

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

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

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

Charter of Fundamental Rights of the EU 1. Dignity: 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

Charter of Fundamental Rights of the EU 2. Freedoms: 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

Charter of Fundamental Rights of the EU 3. Equality: 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

Charter of Fundamental Rights of the EU 4. Solidarity: 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

Charter of Fundamental Rights of the EU 5. Citizen’s rights: 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

Charter of Fundamental Rights of the EU 6. Justice: 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

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

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

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