European lawBy Paul Niekirk, barristerFundamental rightsThe Charter of Fundamental Rights of the European Union was 'solemnly proclaimed' by the European Parliament, the Council and the Commission at Nice on 7 December 2000 (OJ C364, 18 December 2000, pp 1-22).

Its preamble states (among other things) that the EU respects the diversity of cultures and traditions of the people of Europe, and the national identities of its member states.

The charter 're-affirms' the fundamental rights resulting from the constitutional traditions and international obligations common to member states, the Community treaties, the European Convention on Human Rights, social charters adopted by the Community and by the Council of Europe, and the decisions of the European Court of Justice and the European Court of Human Rights.

The substantive provisions are set out in seven chapters.Chapter I of the charter ('Dignity') refers to the inviolability of human dignity (art.1); the right to life, including a prohibition of the death penalty (art.2); the right to the physical and mental integrity of the person, including a prohibition on eugenic practices, on the use of human body parts for financial gain, and on reproductive cloning of human beings (art.3); a prohibition of torture and inhuman or degrading treatment or punishment (art.4), and the prohibition of slavery or forced labour (art.5).Chapter II of the charter ('Freedoms') provides for the right to liberty and security of the person (art.6); respect for each person's private and family life, including respect for a person's home and communications (art.7); the protection of personal data, including the right of access to data collected concerning any person (art.8); a guarantee of the right to marry and to found a family (in accordance with national law) (art.9); and the right to freedom of thought, conscience and religion, including the right to change religion or belief, the right to worship in public, and the right of conscientious objection (art.10).

This chapter also provides for the freedom of expression and to receive and impart information without interference by public authorities (art.11); the freedom of peaceful assembly and of association (art.12); the freedom of the arts and scientific research from constraint, and respect for academic freedom (art.13); the right to education, including the right to free compulsory education and the right of parents to ensure that their religious, philosophical and pedagogic convictions are respected in the education of their children (in accordance with the law) (art.14); the right to engage in work and to pursue a freely chosen occupation (art.15); the right to run a business (in accordance with the law) (art.16); the right to own and dispose of property, including the right not to be dispossessed except in the public interest and subject to fair compensation (art.17); the right to asylum (art.18), and a prohibition on collective expulsions and on extradition to a state where there is serious risk of the imposition of the death penalty or subjection to torture or inhuman or degrading treatment or punishment (art.19).Chapter III ('Equality') deals with equality before the law (art.20); prohibits various forms of discrimination (art.21); calls for respect for cultural, religious and linguistic diversity (art.22); provides for equality between the sexes (art.23); requires children to be given the requisite protection and care, for children's views to be considered on matters concerning them, for their best interests to be a primary consideration, and for children to maintain a personal relationship with and direct access to both parents (except where contrary to a child's interests) (art.24); respects the right of the elderly to lead lives of dignity and independence (art.25), and respects the rights of the disabled to measures designed to ensure their independence, social and occupational integration in the community (art.26).Chapter IV ('Solidarity') provides for the right of workers to information and consultation (in accordance with the law) (art.27); refers to the right of collective bargaining (in accordance with the law) and the right to take collective action (art.28); provides a right of access to a 'free placement service' (art.29); provides protection against unjustified dismissal (in accordance with the law) (art.30); refers to the right to respect for workers' health, safety and dignity, a limitation on working hours, the provision of rest periods and annual paid leave (art.31); prohibits child employment and (subject to derogations) employment below the minimum school-leaving age, and requires appropriate protection for young persons at work (art.32); provides protection for the family, including protection from dismissal for reasons connected with maternity, and the right to paid maternity leave and to parental leave on the birth (or adoption) of a child (art.33); respects entitlement to social security benefits and protection in cases such as maternity, illness, industrial accidents, dependency and old age, and (in accordance with the law) loss of employment, and the right to social and housing assistance for persons who lack sufficient resources (art.34), and provides a right to preventive health care and (in accordance with the law) medical treatment (art.35).

This chapter also provides for access to services of general economic importance (art.36); environmental protection (art.37), and consumer protection (art.38).Chapter V ('Citizens' rights') sets out the right to vote and to stand for election to the European Parliament (art.39) and likewise for municipal elections (art.40); the right to good administration, including the right to be heard before adverse decisions are taken against a person's interests, the right of access to a person's file and respect for confidentiality, the obligation of officials to give reasons for their decisions (art.41); the right of EU citizens and corporations with a registered office in the Union to have access to the European Parliament, the Council and the Commission (art.42); for such persons to refer issues of maladministration to the ombudsman (art.43); for such persons to petition the European Parliament (art.44); the rights of citizens to freedom of movement and residence (art.45), and the right of citizens when in a third country to diplomatic and consular protection from officers of another member state (art.46).Chapter VI ('Justice') provides the right to a fair trial and the right to legal aid for those lacking sufficient resources and where legal aid is necessary to ensure effective access to justice (art.47); presumes the innocence of those charged until proved guilty, and guarantees respect for the rights of defence (art.48); precludes the retrospective effect of criminal provisions (except where a matter was criminal at the time of commission according to general principles recognised by the community of nations), applies the principle of proportionality to criminal sanctions (art.49), and precludes double jeopardy in criminal proceedings (art.50).Chapter VII ('General provisions') states that the charter is addressed to the EU institutions with due regard for the principle of subsidiarity and only to the member states when they are implementing EU law (art.51).

Any restriction on the exercise of the rights and freedoms under the charter must be imposed by law and must respect the 'essence' of those rights and freedoms; and such restrictions must both be necessary and must meet objectives of general interest recognised by the Union, or the need to protect the rights and freedoms of others (art.52(1)).

Where rights under the charter correspond to rights under the European Convention on Human Rights, the meaning and scope of those rights will be as laid down by that convention, although EU law may provide more extensive protection (art.52(3)).

Nothing in the charter restricts or adversely affects human rights recognised by EU law, international law and agreements (to which the Union or the Community or all member states are party) and the constitutions of member states (art.53).

Nothing in the charter implies any right to act to the prejudice of the rights and freedoms expressed in the charter (except where expressly stated) (art.54).