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Human rights protection and the European Union

Human rights protection and the European Union. Histor ical 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:.

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Human rights protection and the European Union

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  1. Human rights protectionand the European Union

  2. 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)

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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  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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