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EU Charter of Fundamental Rights
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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
Tools
EU Fundamental Rights Information System - EFRIS
Criminal detention database
Anti-Muslim hatred database
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FRA e-learning platform
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Equality data collection: promising practices
Fighting hate crime: promising practices
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Together in the EU: Promoting the participation of migrants and their descendants
Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Roma
Severe labour exploitation in the EU
Child-friendly justice – perspectives and experiences of professionals: Press pack
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Child-friendly justice – perspectives and experiences of children
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Support for human rights systems and defenders
EU Charter of Fundamental Rights
Inter-governmental human rights systems
National human rights systems and bodies
Civil society
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
Tools
Tools
EU Fundamental Rights Information System - EFRIS
Criminal detention database
Anti-Muslim hatred database
Case-law database
Charterpedia
FRA e-learning platform
Data visualisation
Equality data collection: promising practices
Fighting hate crime: promising practices
Products
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Work on rights
Asylum, migration and borders
Irregular migration, return and immigration detention
Asylum
Irregular migration, return and immigration detention
EU Charter of Fundamental Rights
EU Charter of Fundamental Rights
Title I: Dignity
Article 4 - Prohibition of torture and inhuman or degrading treatment or punishment
EU Charter of Fundamental Rights
Title II: Freedoms
Article 19 - Protection in the event of removal, expulsion or extradition
Highlights
Periodic updates / Series
22
November
2023
Forced return monitoring systems – 2023 update
FRA publishes annual updates on the forced return monitoring systems that EU Member States have set up under Article 8 (6) of the EU’s Return Directive (2008/115/EC). This latest update covers the period until the end of 2022.
Read all annual updates
Read news item
Report / Paper / Summary
4
November
2021
Legal aid for returnees deprived of liberty
This report outlines to what extent legal aid is available to those held in pre-removal detention in the 27 EU Member States, and in North Macedonia and Serbia, during procedures related to their return. These involve decisions on return, on detention pending removal, the removal itself and on bans on entry. The report also examines when people are entitled to free legal aid and how this aid is funded, as well as who provides representation and various factors that limit the scope of legal aid.
Read news item
Report / Paper / Summary
22
June
2017
European legal and policy framework on immigration detention of children
Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices.
Report / Paper / Summary
21
November
2011
Fundamental rights of migrants in an irregular situation in the European Union
This report, based on comparative research on the fundamental rights situation of irregular migrants in Europe, advises on how fundamental rights should be incorporated in policies, laws and administrative practices affecting migrants in irregular situations.
Products
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Opinion / Position Paper
Asylum, migration and borders
Irregular migration, return and immigration detention
6
February
2024
Planned return hubs in third countries: EU fundamental rights law issues
This FRA Position Paper outlines the Agency’s position on the creation of 'return hubs' in non-EU countries for migrants who have been ordered to leave the EU. Considering the serious fundamental rights risks connected with running return hubs, this legal analysis presents the conditions that would have to be met for return hubs to respect fundamental rights and comply with EU law. These include setting up agreements with the host countries and creating independent human rights monitoring mechanisms. The position paper does not examine centres in third countries that process asylum applications.
Read news item
Periodic updates / Series
Irregular migration, return and immigration detention
Asylum, migration and borders
29
October
2024
Forced Return Monitoring Systems – 2024 update
FRA publishes annual updates on the forced return monitoring systems that EU Member States have set up under Article 8 (6) of the EU’s Return Directive (2008/115/EC). This latest update covers the period until the end of 2023.
Read all annual updates
Read news item
Report / Paper / Summary
Child protection
Asylum, migration and borders
Borders and information systems
Irregular migration, return and immigration detention
18
December
2023
Children in migration: fundamental rights at European borders
Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While carrying out border control, states have a duty to protect fundamental rights of all people under their jurisdiction, regardless of their nationality, status, or age. Children as a category
of vulnerable persons with special needs require heightened protection.
Periodic updates / Series
Irregular migration, return and immigration detention
Asylum, migration and borders
22
November
2023
Forced return monitoring systems – 2023 update
FRA publishes annual updates on the forced return monitoring systems that EU Member States have set up under Article 8 (6) of the EU’s Return Directive (2008/115/EC). This latest update covers the period until the end of 2022.
Read all annual updates
Read news item
Periodic updates / Series
Asylum, migration and borders
Access to asylum
Borders and information systems
Irregular migration, return and immigration detention
11
October
2023
June 2023 update - Search and rescue operations in the Mediterranean and fundamental rights
Since October 2018, FRA has been publishing regular updates on NGO ships involved in search and rescue (SAR) operations in the Mediterranean, and the status of legal proceedings against them. This latest update covers until the end of June 2023.
Read news item
Read all SAR updates
Periodic updates / Series
Child protection
Asylum, migration and borders
Irregular migration, return and immigration detention
24
November
2022
Practical Tool for Guardians - Temporary protection for unaccompanied children fleeing Ukraine
The European Union Agency for Fundamental Rights (FRA) and the European Union Agency for Asylum (EUAA) joined forces to create this tool focusing on temporary protection for unaccompanied children fleeing Ukraine.
Periodic updates / Series
Irregular migration, return and immigration detention
Asylum, migration and borders
9
September
2022
Forced return monitoring systems - 2022 update
Since 2014, FRA has been publishing an annual update of the forced return monitoring systems EU Member States have set up under Article 8 (6) of the EU’s Return Directive (2008/115/EC). This overview describes different indicators for an effective forced return monitoring system. It includes the organisation responsible for monitoring forced return, the number of operations monitored in 2021, the phases of monitored return operations, the number of staff trained and working as monitors, and whether the monitoring body issued public reports about their monitoring.
Report / Paper / Summary
Irregular migration, return and immigration detention
Asylum, migration and borders
13
December
2021
Forced return monitoring systems - 2021 update
Since 2014, FRA has been publishing an annual update of the forced return monitoring systems EU Member States have set up under Article 8 (6) of the EU’s Return Directive. This overview describes different indicators for an effective forced return monitoring system. It includes the organisation responsible for monitoring forced return, the number of operations monitored in 2020, the phases of monitored return operations, the number of staff trained and working as monitors, and whether the monitoring body issued public reports about their monitoring.
Access all monitoring updates
Read news item
Report / Paper / Summary
Irregular migration, return and immigration detention
Asylum, migration and borders
4
November
2021
Legal aid for returnees deprived of liberty
This report outlines to what extent legal aid is available to those held in pre-removal detention in the 27 EU Member States, and in North Macedonia and Serbia, during procedures related to their return. These involve decisions on return, on detention pending removal, the removal itself and on bans on entry. The report also examines when people are entitled to free legal aid and how this aid is funded, as well as who provides representation and various factors that limit the scope of legal aid.
Read news item
MDX Dataset
Asylum, migration and borders
Irregular migration, return and immigration detention
Justice, victims’ rights and judicial cooperation
26 September 2017
Forced return monitoring systems – State of play in EU Member States
The EU Return Directive introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the Directive, Member States must provide for an effective forced-return monitoring system.
Report / Paper / Summary
Irregular migration, return and immigration detention
Asylum, migration and borders
3
July
2020
Forced return monitoring systems - 2020 update
The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the directive, Member States must provide for an effective forced-return monitoring system.
Read news item
Access all monitoring updates
Periodic updates / Series
Asylum, migration and borders
Access to asylum
Child protection
Irregular migration, return and immigration detention
4
November
2019
Migration: Key fundamental rights concerns - Quarterly bulletin 4
The EU Agency for Fundamental Rights has been regularly collecting data on asylum and
migration since September 2015. This report focuses on the fundamental rights situation
of people arriving in Member States and EU candidate countries particularly affected by
migration. It addresses fundamental rights concerns between 1 July and 30 September 2019.
Read news item
Access all 2019 updates
Access all 2018 updates
Report / Paper / Summary
Irregular migration, return and immigration detention
Asylum, migration and borders
27
June
2019
Forced return monitoring systems - 2019 update
The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the directive, Member States must provide for an effective forced-return monitoring system.
Report / Paper / Summary
Borders and information systems
Irregular migration, return and immigration detention
Data protection, privacy and new technologies
Equality, non-discrimination and racism
Children, youth and older people
12
September
2018
How the Eurosur Regulation affects fundamental rights
In November 2017, the European Commission requested FRA’s support in evaluating the impact on fundamental rights of the European Border Surveillance System (Eurosur) Regulation. Further to this request, FRA reviewed the work of the European Border and Coast Guard Agency (Frontex) and analysed cooperation agreements concluded by EU Member States with third countries which are relevant for the exchange of information for the purposes of Eurosur. This report presents the main findings of such review.
Report / Paper / Summary
Irregular migration, return and immigration detention
Asylum, migration and borders
21
June
2018
Forced return monitoring systems - 2018 update
The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the Directive, Member States must provide for an effective forced-return monitoring system.
Report / Paper / Summary
Irregular migration, return and immigration detention
Asylum, migration and borders
Child protection
Equality, non-discrimination and racism
Children, youth and older people
22
June
2017
European legal and policy framework on immigration detention of children
Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices.
Fundamental Rights Report
Access to asylum
Asylum, migration and borders
Borders and information systems
Irregular migration, return and immigration detention
Legal migration and integration
29
May
2016
Asylum and migration into the European Union in 2015
This Focus takes a closer look at asylum and migration issues in the European Union (EU) in 2015. It looks at the effectiveness of measures taken or proposed by the EU and its Member States to manage this situation, with particular reference to their fundamental rights compliance.
Handbook / Guide / Manual
Access to asylum
Asylum, migration and borders
Borders and information systems
Irregular migration, return and immigration detention
Data protection, privacy and new technologies
Borders and information systems
22
October
2015
Fundamental rights implications of the obligation to provide fingerprints for Eurodac
Processing biometric data for immigration, asylum and border management purposes has become common. This focus paper looks at measures authorities can take to enforce the obligation of newly arrived asylum seekers and migrants in an irregular situation to provide fingerprints for inclusion in Eurodac.
Report / Paper / Summary
Access to asylum
Asylum, migration and borders
Irregular migration, return and immigration detention
9
October
2015
Alternatives to detention for asylum seekers and people in return procedures
For asylum and return (i.e. expulsion) procedures to be implemented effectively, people need to be at the disposal of the authorities so that any measure requiring their presence can be taken without delay. To achieve this, EU Member States may decide to hold people in closed facilities. Less intrusive measures, which are usually referred to as alternatives to detention, reduce the risk that deprivation of liberty is resorted to excessively.
Report / Paper / Summary
Irregular migration, return and immigration detention
Asylum, migration and borders
3
September
2015
Cost of exclusion from healthcare – The case of migrants in an irregular situation
This report aims to estimate the economic cost of providing timely access to screening and treatment for migrants in an irregular situation, compared with providing treatment only in emergency cases. It presents an economic model to calculate such costs for two medical conditions: hypertension and prenatal care. To better illustrate its application in practice, the model is applied to three European Union (EU) Member States – Germany, Greece and Sweden.
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