COMPARATIVE SURVEY OF EUROPEAN CHARTER WITH UNO DECLARATION PART 3

SPECIFIC ARTICLES OF E.U. CHARTER

 

 

Art. 2. No one shall be condemned to the death penalty, or executed.

Art.10. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.

Article 16 - Freedom to conduct a business

 

The freedom to conduct a business in accordance with Community law and national laws and practices is recognised

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.

 

Article 22 - Cultural, religious and linguistic diversity

 

The Union shall respect cultural, religious and linguistic diversity.

 

Article 23 - Equality between men and women

 

Equality between men and women 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.

 

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 Community 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 Community 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 Community law and national laws and practices.

 

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 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

 

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 and bodies of the Union.

2. This right includes: the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; 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; the obligation of the administration to give reasons for its decisions.

3. Every person has the right to have the Community 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 European Parliament, Council and Commission documents.

 

Article 43 – 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 Ombudsman of the Union cases of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their 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 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.

 

by Didier BERTIN