Charter of fundamental rights | European Union Law
First, the incorporates the rights in the familiar European Convention on Human Rights but in some important ways enhances them. Thus the prohibition on slavery and forced labour (Article 5) includes an explicit prohibition on human trafficking. The right to marry (Article 9) is expressed in gender neutral language. The equality clauses include a free standing guarantee of equality before the law (Article 20), while the list of prohibited grounds of discrimination explicitly include disability, age, sexual orientation, genetic features (none of these are explicitly included in the Convention provision).
The European Union Charter and Human Rights – RightsNI
On European Day for Victims of Crime on 22 February, the EU Agency for Fundamental Rights calls on Member States to ensure the rights of victims take centre stage.
In relation to dignity, several developments are noteworthy. First, there is the , where the CJEU ruled that the minimum conditions of reception for asylum seekers must always be respected even if the state where the seeker is present is not the one responsible for determining the asylum claim ( C-179/11, 27 September 2012). These minimum conditions include provision of housing, food, clothing and daily expenses allowance. In so interpreting the Directive 2003/9, the Court relied on Article 1 (dignity) and 18 (asylum) of the Charter. Also on dignity, in the CJEU ruled that EU law does not offer an irrebuttable presumption that all EU states respect fundamental human rights. Accordingly, EU state cannot return an asylum seeker to the EU state who would normally have responsibility for deciding the claim if that state permits the systematic breach of asylum seekers’ rights ( Case C 411/10 and Case C 493/10, 21 December 2011). In a more recent case on the rights of a child asylum seeker, the CJEU invoked the best interests principle in the Charter to interpret EU law to require that when a child has lodged requests for asylum in multiple states and there is no adult relation of the child in a Member State, then the state where the child is present has responsibility for the chid (Case C-648/11, 6 June 2013.).
The EU's charter of fundamental rights - five years on
While this is a high profile and high politics case, the Commission’s work covers a great deal else. It can receive communications alleging breaches of Union law and can make representations, engage in negotiations etc based on the information received. On homophobia the Commission has intervened with Maltese authorities on its laws impacting on same-sex partners of EU citizens who moved to Malta; the state amended its laws in response. The Commission also intervened in Council of Europe negotiations on a recommendation on blood donors to urge that no discrimination on sexual orientation be permitted.
What is the EU Charter of Fundamental Rights? - RightsInfo
Fifth, the Charter system provides for monitoring of the state of human rights in the EU – this is provided by the reports and by the Commission including the Commission’s Annual Charter Report. In relation to equality, the Commission’s Annual (European Union, (2013)) highlights a number of serious problems including xenophobic and racist violence, gender inequality and homophobia. On the former, the Report notes that nearly one-fifth of Roma and one-fifth of Sub-Saharan African interviewees reported having been the victim of violence assault or threat during the previous 12 months. The Report also noted that very few states (only four including the UK) compiled comprehensive data on this problem.
The EU Charter of Fundamental Rights sets out certain ..
This enforcement system does not depend on the willingness or availability of resources of an individual complainant and it is policy-oriented and might thus provide a broader perspective than a case-based procedure. However, it remains to be seen to what extent states are willing to respect the recommendations, which have not the same sanctioned legal force as a decision of the European Court of Human Rights.
EUROPA - EU law | European Union
Second, the includes many rights which are not listed in the Convention (though in some cases they may be implicit). These include specific mention of academic freedom, freedom to conduct a business, asylum, the rights of the child, the rights of the elderly, integration of persons with disabilities, workers’ rights to information and consultation, collective bargaining and action, placement services, dismissal protection, fair and just working conditions, family and professional life, social security and assistance, health care, access to services of general economic interest, environmental protection and consumer protection. The Charter also includes ‘citizens’ rights’ which particularly relate to the relationship with Union institutions and provide for European Parliament and municipal elections, good administration, access to documents, an Ombudsman, right to petition, free movement and residence and diplomatic protection.