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EU Charter of Fundamental Rights
Inter-governmental human rights systems
National human rights systems and bodies
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EU Charter of Fundamental Rights
EU Charter of Fundamental Rights
What are fundamental rights ?
What is the EU Charter of Fundamental Rights?
Preamble
Title I: Dignity
1 -
Human dignity
2 -
Right to life
3 -
Right to integrity of the person
4 -
Prohibition of torture and inhuman or degrading treatment or punishment
5 -
Slavery / Forced Labour
Title II: Freedoms
6 -
Right to liberty and security
7 -
Respect for private and family life
8 -
Protection of personal data
9 -
Right to marry and right to found a family
10 -
Freedom of thought, conscience and religion
11 -
Freedom of expression and information
12 -
Freedom of assembly and of association
13 -
Freedom of the arts and sciences
14 -
Right to education
15 -
Freedom to choose an occupation and right to engage in work
16 -
Freedom to conduct a business
17 -
Right to property
18 -
Right to asylum
19 -
Protection in the event of removal, expulsion or extradition
Title III: Equality
20 -
Equality before the law
21 -
Non-discrimination
22 -
Cultural, religious and linguistic diversity
23 -
Equality between women and men
24 -
The rights of the child
25 -
The rights of the elderly
26 -
Integration of persons with disabilities
Title IV: Solidarity
27 -
Workers' right to information and consultation within the undertaking
28 -
Right of collective bargaining and action
29 -
Right of access to placement services
30 -
Protection in the event of unjustified dismissal
31 -
Fair and just working conditions
32 -
Prohibition of child labour and protection of young people at work
33 -
Family and professional life
34 -
Social security and social assistance
35 -
Health care
36 -
Access to services of general economic interest
37 -
Environmental protection
38 -
Consumer protection
Title V: Citizens' rights
39 -
Right to vote and to stand as a candidate at elections to the European Parliament
40 -
Right to vote and to stand as a candidate at municipal elections
41 -
Right to good administration
42 -
Right of access to documents
43 -
European Ombudsman
44 -
Right to petition
45 -
Freedom of movement and of residence
46 -
Diplomatic and consular protection
Title VI: Justice
47 -
Right to an effective remedy and to a fair trial
48 -
Presumption of innocence and right of defence
49 -
Principles of legality and proportionality of criminal offences and penalties
50 -
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Title VII: General provisions
51 -
Field of application
52 -
Scope and interpretation
53 -
Level of protection
54 -
Abuse of rights
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EU Fundamental Rights Information System - EFRIS
Criminal detention database
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Case-law database
CJEU - C 232/09 / Judgment
CJEU - C 232/09 / Judgment
Dita Danosa v LKB Lizings SIA
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (Second Chamber)
Type
Decision
Decision date
11/11/2010
EU Charter of Fundamental Rights
EU Charter of Fundamental Rights
Title III: Equality
Article 23 - Equality between women and men
VIEW FULL CASE
CJEU - C 232/09 / Judgment
Key facts of the case:
After having been dismissed by the general meeting of shareholders, the former sole member of the board of directors of a public limited company argued in court that, due to her pregnancy, the dismissal was illegal in the light of EU secondary law. The court of second instance decided to refer to CJ.
Results (sanctions) and key consequences of the case
:
A member of a capital company’s Board of Directors who provides services to that company and is an integral part of it must be regarded as having the status of worker for the purposes of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), if that activity is carried out, for some time, under the direction or supervision of another body of that company and if, in return for those activities, the Board Member receives remuneration. It is for the national court to undertake the assessments of fact necessary to determine whether that is so in the case pending before it.
Article 10 of Directive 92/85 is to be interpreted as precluding national legislation, such as that at issue in the main proceedings, which permits a member of a capital company’s Board of Directors to be removed from that post without restriction, where the person concerned is a ‘pregnant worker’ within the meaning of that directive and the decision to remove her was taken essentially on account of her pregnancy. Even if the Board Member concerned is not a ‘pregnant worker’ within the meaning of Directive 92/85, the fact remains that the removal, on account of pregnancy or essentially on account of pregnancy, of a member of a Board of Directors who performs duties such as those described in the main proceedings can affect only women and therefore constitutes direct discrimination on grounds of sex, contrary to Article 2(1) and (7) and Article 3(1)(c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocationa
l training and promotion, and working conditions, as amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002.