PART II
THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION
PREAMBLE
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; it is based on the principles of democracy and the
rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the
Union and by creating an area of freedom, security and justice.
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 and the organisation of their public authorities at national, regional
and local levels; it seeks to promote balanced and sustainable development and ensures free
movement of persons, services, goods and capital, and the freedom of establishment.
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes
in society, social progress and scientific and technological developments by making those rights more
visible in a Charter.
This Charter reaffirms, with due regard for the powers and tasks of the Union and the principle of
subsidiarity, the rights as they result, in particular, from the constitutional traditions and international
obligations common to the Member States, the European Convention for the Protection of
Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union and by the
Council of Europe and the case-law of the Court of Justice of the European Union and of the
European Court of Human Rights. In this context the Charter will be interpreted by the courts of the
Union and the Member States with due regard to the explanations prepared under the authority of
the Praesidium of the Convention which drafted the Charter and updated under the responsibility of
the Praesidium of the European Convention.
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the
human community and to future generations.
The Union therefore recognises the rights, freedoms and principles set out hereafter.
TITLE I
DIGNITY
Article II-61
Human dignity
Human dignity is inviolable. It must be respected and protected.
Article II-62
Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
Article II-63
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:
(a) the free and informed consent of the person concerned, according to the procedures laid down
by law;
(b) the prohibition of eugenic practices, in particular those aiming at the selection of persons;
(c) the prohibition on making the human body and its parts as such a source of financial gain;
(d) the prohibition of the reproductive cloning of human beings.
Article II-64
Prohibition of torture and inhuman or degrading treatment or punishment
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
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Article II-65
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.
TITLE II
FREEDOMS
Article II-66
Right to liberty and security
Everyone has the right to liberty and security of person.
Article II-67
Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.
Article II-68
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the
person concerned or some other legitimate basis laid down by law. Everyone has the right of access to
data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority.
Article II-69
Right to marry and right to found 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.
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Article II-70
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.
Article II-71
Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public authority
and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.
Article II-72
Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all
levels, in particular in political, trade union and civic matters, which implies the right of everyone to
form and to join trade unions for the protection of his or her interests.
2. Political parties at Union level contribute to expressing the political will of the citizens of the
Union.
Article II-73
Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.
Article II-74
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
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national laws governing the exercise of such freedom and right.
Article II-75
Freedom to choose an occupation and right to engage in work
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of
establishment and to provide services in any Member State.
3. Nationals of third countries who are authorised to work in the territories of the Member States
are entitled to working conditions equivalent to those of citizens of the Union.
Article II-76
Freedom to conduct a business
The freedom to conduct a business in accordance with Union law and national laws and practices is
recognised.
Article II-77
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.
Article II-78
Right to asylum
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of
28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance
with the Constitution.
Article II-79
Protection in the event of removal, expulsion or extradition
1. Collective expulsions are prohibited.
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or
she would be subjected to the death penalty, torture or other inhuman or degrading treatment or
punishment.
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TITLE III
EQUALITY
Article II-80
Equality before the law
Everyone is equal before the law.
Article II-81
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 Constitution and without prejudice to any of its specific
provisions, any discrimination on grounds of nationality shall be prohibited.
Article II-82
Cultural, religious and linguistic diversity
The Union shall respect cultural, religious and linguistic diversity.
Article II-83
Equality between women and men
Equality between women and men 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.
Article II-84
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.
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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.
Article II-85
The rights of the elderly
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence
and to participate in social and cultural life.
Article II-86
Integration of persons with disabilities
The Union recognises and respects the right of persons with disabilities to benefit from measures
designed to ensure their independence, social and occupational integration and participation in the
life of the community.
TITLE IV
SOLIDARITY
Article II-87
Workers' right to information and consultation within the undertaking
Workers or their representatives must, at the appropriate levels, be guaranteed information and
consultation in good time in the cases and under the conditions provided for by Union law and
national laws and practices.
Article II-88
Right of collective bargaining and action
Workers and employers, or their respective organisations, have, in accordance with Union law and
national laws and practices, the right to negotiate and conclude collective agreements at the
appropriate levels and, in cases of conflicts of interest, to take collective action to defend their
interests, including strike action.
Article II-89
Right of access to placement services
Everyone has the right of access to a free placement service.
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Article II-90
Protection in the event of unjustified dismissal
Every worker has the right to protection against unjustified dismissal, in accordance with Union law
and national laws and practices.
Article II-91
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.
Article II-92
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.
Article II-93
Family and professional life
1. The family shall enjoy legal, economic and social protection.
2. To reconcile family and professional life, everyone shall have the right to protection from
dismissal for a reason connected with maternity and the right to paid maternity leave and to parental
leave following the birth or adoption of a child.
Article II-94
Social security and social assistance
1. The Union recognises and respects the entitlement to social security benefits and social services
providing protection in cases such as maternity, illness, industrial accidents, dependency or old age,
and in the case of loss of employment, in accordance with the rules laid down by Union law and
national laws and practices.
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2. Everyone residing and moving legally within the European Union is entitled to social security
benefits and social advantages in accordance with Union law and national laws and practices.
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to
social and housing assistance so as to ensure a decent existence for all those who lack sufficient
resources, in accordance with the rules laid down by Union law and national laws and practices.
Article II-95
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 II-96
Access to services of general economic interest
The Union recognises and respects access to services of general economic interest as provided for in
national laws and practices, in accordance with the Constitution, in order to promote the social and
territorial cohesion of the Union.
Article II-97
Environmental protection
A high level of environmental protection and the improvement of the quality of the environment
must be integrated into the policies of the Union and ensured in accordance with the principle of
sustainable development.
Article II-98
Consumer protection
Union policies shall ensure a high level of consumer protection.
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TITLE V
CITIZENS' RIGHTS
Article II-99
Right to vote and to stand as a candidate at elections to the European Parliament
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the
European Parliament in the Member State in which he or she resides, under the same conditions as
nationals of that State.
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and
secret ballot.
Article II-100
Right to vote and to stand as a candidate at municipal elections
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in
the Member State in which he or she resides under the same conditions as nationals of that State.
Article II-101
Right to good administration
1. Every person has the right to have his or her affairs handled impartially, fairly and within a
reasonable time by the institutions, bodies, offices and agencies of the Union.
2. This right includes:
(a) the right of every person to be heard, before any individual measure which would affect him or
her adversely is taken;
(b) the right of every person to have access to his or her file, while respecting the legitimate interests
of confidentiality and of professional and business secrecy;
(c) the obligation of the administration to give reasons for its decisions.
3. Every person has the right to have the Union make good any damage caused by its institutions or
by its servants in the performance of their duties, in accordance with the general principles common
to the laws of the Member States.
4. Every person may write to the institutions of the Union in one of the languages of
the Constitution and must have an answer in the same language.
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Article II-102
Right of access to documents
Any citizen of the Union, and any natural or legal person residing or having its registered office in a
Member State, has a right of access to documents of the institutions, bodies, offices and agencies of
the Union, whatever their medium.
Article II-103
European 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 European Ombudsman cases of maladministration in the
activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court
of Justice of the European Union acting in its judicial role.
Article II-104
Right to petition
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 petition the European Parliament.
Article II-105
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 Constitution, to
nationals of third countries legally resident in the territory of a Member State.
Article II-106
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.
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TITLE VI
JUSTICE
Article II-107
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to
an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and
impartial tribunal previously established by law. Everyone shall have the possibility of being advised,
defended and represented.
Legal aid shall be made available to those who lack sufficient resources insofar as such aid is necessary
to ensure effective access to justice.
Article II-108
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.
Article II-109
Principles of legality and proportionality of criminal offences and penalties
1. No one shall be held guilty of any criminal offence on account of any act or omission which did
not constitute a criminal offence under national law or international law at the time when it was
committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the
criminal offence was committed. If, subsequent to the commission of a criminal offence, the law
provides for a lighter penalty, that penalty shall be applicable.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according to the general principles
recognised by the community of nations.
3. The severity of penalties must not be disproportionate to the criminal offence.
Article II-110
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which
he or she has already been finally acquitted or convicted within the Union in accordance with the law.
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TITLE VII
GENERAL PROVISIONS GOVERNING THE INTERPRETATION
AND APPLICATION OF THE CHARTER
Article II-111
Field of application
1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of
the Union with due regard for the principle of subsidiarity and to the Member States only when they
are implementing Union law. They shall therefore respect the rights, observe the principles and
promote the application thereof in accordance with their respective powers and respecting the limits
of the powers of the Union as conferred on it in the other Parts of the Constitution.
2. This Charter does not extend the field of application of Union law beyond the powers of
the Union or establish any new power or task for the Union, or modify powers and tasks defined in
the other Parts of the Constitution.
Article II-112
Scope and interpretation of rights and principles
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 recognised by the Union or the need to protect the rights and freedoms of others.
2. Rights recognised by this Charter for which provision is made in other Parts of the Constitution
shall be exercised under the conditions and within the limits defined by these relevant Parts.
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.
4. Insofar as this Charter recognises fundamental rights as they result from the constitutional
traditions common to the Member States, those rights shall be interpreted in harmony with those
traditions.
5. The provisions of this Charter which contain principles may be implemented by legislative and
executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of
Member States when they are implementing Union law, in the exercise of their respective powers.
They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their
legality.
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6. Full account shall be taken of national laws and practices as specified in this Charter.
7. The explanations drawn up as a way of providing guidance in the interpretation of the Charter of
Fundamental Rights shall be given due regard by the courts of the Union and of the Member States.
Article II-113
Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and
fundamental freedoms as recognised, in their respective fields of application, by Union law and
international law and by international agreements to which the Union or all the Member States are
party, including the European Convention for the Protection of Human Rights and
Fundamental Freedoms, and by the Member States' constitutions.
Article II-114
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.
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