European Union Human Rights Law

The Charter of Fundamental Rights

The Charter of Fundamental Rights of the European Union is the most comprehensive and modern human rights instrument in European law. Proclaimed in 2000 at the Nice European Council, the Charter was given binding legal effect by the Treaty of Lisbon in 2009. Article 6(1) of the Treaty on European Union (TEU) provides that the Union recognises the rights, freedoms, and principles set out in the Charter and that the Charter has the same legal value as the Treaties. This elevates the Charter to the rank of primary EU law, equivalent to the founding treaties themselves.

The Charter is structured into seven titles, reflecting the indivisibility of all rights. Title I, Dignity (Articles 1-5), protects human dignity, the right to life, the right to the integrity of the person, and prohibits torture and slavery. Title II, Freedoms (Articles 6-19), guarantees liberty and security, respect for private and family life, protection of personal data, marriage and family, thought conscience and religion, expression and information, assembly and association, education, occupation, business, property, asylum, and protection in removal. Title III, Equality (Articles 20-26), establishes equality before the law, non-discrimination, cultural and linguistic diversity, equality between men and women, children’s rights, elderly rights, and integration of persons with disabilities. Title IV, Solidarity (Articles 27-38), protects workers’ rights, collective bargaining, fair working conditions, prohibition of child labour, family and professional life, social security, health care, environmental protection, and consumer protection. Title V, Citizens’ Rights (Articles 39-46), guarantees electoral rights, good administration, access to documents, the Ombudsman, petition rights, and freedom of movement. Title VI, Justice (Articles 47-50), enshrines the right to an effective remedy and a fair trial, the presumption of innocence, proportionality of criminal penalties, and the prohibition of double jeopardy.

Key Rights and Provisions

Article 1 of the Charter proclaims that human dignity is inviolable and must be respected and protected. Article 2 guarantees the right to life, with particular significance for the prohibition of the death penalty in EU law. Article 3 on the right to the integrity of the person includes, in the field of medicine and biology, the free and informed consent of the person concerned, the prohibition of eugenic practices, the prohibition of making the human body and its parts a source of financial gain, and the prohibition of the reproductive cloning of human beings. Article 8 specifically guarantees the protection of personal data, requiring that data be processed fairly for specified purposes and on the basis of consent or another legitimate basis laid down by law, and establishing the right of access to data and the right to have it rectified. This provision has provided the constitutional foundation for the extensive EU data protection framework, including the General Data Protection Regulation (GDPR).

Article 21 prohibits discrimination on a wide range of grounds: 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. This provision has been interpreted by the Court of Justice of the European Union (CJEU) to prohibit discrimination on grounds of sexual orientation in employment (P v S and Cornwall County Council, 1996) and age discrimination in employment (Mangold v Helm, 2005). Article 23 specifically requires equality between women and men in all areas, including employment, work, and pay, while permitting positive action measures.

Article 24 establishes the rights of the child, requiring that children’s best interests be a primary consideration in all actions relating to them, that children have the right to express their views freely, and that the child’s views be taken into consideration on matters which concern them in accordance with their age and maturity. Article 25 recognises the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life. Article 26 recognises 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.

Relationship with the European Convention on Human Rights

Article 52(3) of the Charter is a crucial coordinating provision: insofar as the Charter contains rights that correspond to rights guaranteed by the ECHR, the meaning and scope of those rights shall be the same as those laid down by the ECHR. This does not prevent Union law from providing more extensive protection. The Explanations relating to the Charter, which must be given due regard by the CJEU under Article 52(7), identify which Charter provisions correspond to ECHR provisions. This mechanism ensures consistency between the two systems of protection while allowing the Charter to develop independently where it goes beyond the ECHR.

Article 6(2) TEU provides that the Union shall accede to the ECHR. This obligation was imposed by the Treaty of Lisbon to create a coherent European human rights architecture. The accession process has been complex. In Opinion 2/13 of 18 December 2014, the CJEU found that the draft agreement for EU accession to the ECHR was incompatible with EU law. The Court identified several areas of incompatibility, including the risk that the ECHR could affect the autonomy of EU law, the failure to ensure coordination between the ECHR and the Charter, and the potential for disputes between member states to be brought before the European Court of Human Rights in a manner inconsistent with EU law. Negotiations for a revised accession agreement continue.

Scope of Application

Article 51(1) of the Charter defines its scope of application. The Charter applies to the institutions, bodies, offices, and agencies of the Union, and to the member states only when they are implementing Union law. This limitation was confirmed by the CJEU in Åkerberg Fransson (2013), in which the Court held that the Charter applies whenever member states act within the scope of EU law. The distinction between rights and principles in the Charter, established by Article 52(5), provides that principles are judicially cognisable only in the interpretation of acts implementing them and in rulings on their legality.

The Fundamental Rights Agency

The European Union Agency for Fundamental Rights (FRA), established by Council Regulation (EC) No 168/2007 and based in Vienna, provides independent, evidence-based advice on fundamental rights to EU institutions and member states. The FRA collects and analyses data on fundamental rights issues, provides comparative legal analysis, conducts research and surveys, and publishes annual reports on fundamental rights developments in the EU. It operates in areas within the scope of EU law, including asylum and immigration, data protection, access to justice, racism and xenophobia, and the rights of vulnerable groups. The FRA does not have power to investigate individual complaints but serves as a central source of expertise and guidance for the development of fundamental rights policy in the EU.