The Brexidiots claimed that the government was only refusing to apply the Charter of Fundamental Rights if the UK goes ahead with Brexit because the rights would already be covered by "British" law (whatever that is). That is simply untrue - as is the contrary complaint by Brexidiot Fernandes that the Charter "would give UK citizens additional protections on issues such as eugenics, personal data and collective bargaining"! Typically, the Brexidiots want to have their cake and eat it.
The Charter does not create any new rights. It only restated clearly and in one place the rights, freedoms and principles that were already recognised across the
EU in 2000. So, for instance, Article 15 does not create a general 'right to work', but affirms the freedom to
choose an occupation and the right to engage in work.
The Charter is important, however, because it (only) applies to member states when they are implementing EU law
(Treaties, regulations and directives - not UK law), so they do not mistakenly override their citizens' rights in the process. That is important for the UK both now, and because the Brexidiots have said before that they intend to adopt all EU-derived laws post-Brexit. By stating the rights in one place, the Charter helps interpret what is intended by the EU law, to give the proper interpretation when implementing it in the
UK. This stops the government interpreting the law in a way that conflicts with British citizens' fundamental rights. The UK and Poland did opt-out of the Charter in a very limited sense, as a little show for the Europhobes at home. But even in the UK and Poland, the Charter must
be applied and interpreted by the government and national courts strictly
in accordance with Charter guidance. Critically, the limited opt-out did not reduce the pre-existing rights that are reaffirmed in the Charter.
So, the Brexidiots now want to be able to interpret EU law in a way that conflicts with the fundamental rights in the Charter...
Their problem is that the Charter is part of UK domestic law now (and would remain so even if the Human Rights Act were repealed). So to deny those rights, the Brexidiots need to specifically exclude the Charter from laws imported by the EU Withdrawal Bill. Indeed, the reference to the Human Rights Act 1998 is a red herring. The Charter goes beyond it only because that Act did not incorporate all of the European Convention on Human Rights into UK domestic law. But remember that the Charter did not create any new rights. It only reaffirmed pre-existing rights as at 2000.
Their problem is that the Charter is part of UK domestic law now (and would remain so even if the Human Rights Act were repealed). So to deny those rights, the Brexidiots need to specifically exclude the Charter from laws imported by the EU Withdrawal Bill. Indeed, the reference to the Human Rights Act 1998 is a red herring. The Charter goes beyond it only because that Act did not incorporate all of the European Convention on Human Rights into UK domestic law. But remember that the Charter did not create any new rights. It only reaffirmed pre-existing rights as at 2000.
The fundamental rights in the Charter are not just important when dealing with the state, e.g. government departments or the police, however. There are instances where it may be relied on between British citizens or between a citizen and a company or business.
DIGNITY
Article 1
Human dignity
Human dignity is
inviolable. It must be respected and protected.
Article 2
Right to life
1. Everyone has the
right to life.
2. No one shall be
condemned to the death penalty, or executed.
Article 3
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 4
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.
Article 5
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.
FREEDOMS
Article 6
Right to liberty and
security
Everyone has the right
to liberty and security of person.
Article 7
Respect for private
and family life
Everyone has the right
to respect for his or her private and family life, home and communications.
Article 8
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 9
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.
Article 10
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 11
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 12
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 13
Freedom of the arts
and sciences
The arts and
scientific research shall be free of constraint. Academic freedom shall be
respected.
Article 14
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 national laws governing the exercise
of such freedom and right.
Article 15
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 16
Freedom to conduct a
business
The freedom to conduct
a business in accordance with Union law and national laws and practices is
recognised.
Article 17
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 in so far as is necessary for the general
interest.
2. Intellectual
property shall be protected.
Article 18
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 Treaty on European Union and the Treaty on
the Functioning of the European Union (hereinafter referred to as ‘the
Treaties’).
Article 19
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.
EQUALITY
Article 20
Equality before the
law
Everyone is equal
before the law.
Article 21
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 Treaties and without prejudice to any of their specific
provisions, any discrimination on grounds of nationality shall be prohibited.
Article 22
Cultural, religious
and linguistic diversity
The Union shall
respect cultural, religious and linguistic diversity.
Article 23
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 24
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.
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 25
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 26
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.
SOLIDARITY
Article 27
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 28
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 29
Right of access to
placement services
Everyone has the right
of access to a free placement service.
Article 30
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 31
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 32
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 33
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 34
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.
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 35
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 the Union's policies and activities.
Article 36
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 Treaties, in order to
promote the social and territorial cohesion of the Union.
Article 37
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 38
Consumer protection
Union policies shall
ensure a high level of consumer protection.
CITIZENS' RIGHTS
Article 39
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 40
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 41
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 Treaties
and must have an answer in the same language.
Article 42
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 43
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 44
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 45
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 Treaties, to nationals of
third countries legally resident in the territory of a Member State.
Article 46
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.
JUSTICE
Article 47
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 in so far as such aid is
necessary to ensure effective access to justice.
Article 48
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 49
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 the
one that 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 50
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.
GENERAL PROVISIONS
GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER
Article 51
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 Treaties.
2. The 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 as
defined in the Treaties.
Article 52
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 the Treaties shall be exercised
under the conditions and within the limits defined by those Treaties.
3. In so far 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. In so far 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.
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 this Charter
shall be given due regard by the courts of the Union and of the Member States.
Article 53
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 54
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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