eu-charter

Charte des droits fondamentaux de l'Union européenne

Article 7 - Respect de la vie privée et familiale

Article 7 - Respect de la vie privée et familiale

Toute personne a droit au respect de sa vie privée et familiale, de son domicile et de ses communications.

Explications

  • Texte:

    Les droits garantis à l'article 7 correspondent à ceux qui sont garantis par l'article 8 de la CEDH. Pour tenir compte de l'évolution technique le mot `communications` a été substitué à celui de correspondance.
    Conformément à l'article 52, paragraphe 3, ce droit a le même sens et la même portée que ceux de l'article correspondant de la CEDH. Il en résulte que les limitations susceptibles de leur être légitimement apportées sont les mêmes que celles tolérées dans le cadre de l'article 8 en question:
    `1. Toute personne a droit au respect de sa vie privée et familiale, de son domicile et de sa correspondance.
    2. Il ne peut y avoir ingérence d'une autorité publique dans l'exercice de ce droit que pour autant que cette ingérence est prévue par la loi et qu'elle constitue une mesure qui, dans une société démocratique, est nécessaire à la sécurité nationale, à la sûreté publique, au bien-être économique du pays, à la défense de l'ordre et à la prévention des infractions pénales, à la protection de la santé ou de la morale, ou à la protection des droits et libertés d'autrui`.

    Source:
    Journal officiel de l'Union européenne C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Les explications qui figurent ci-après ont été établies initialement sous la responsabilité du praesidium de la Convention qui a élaboré la Charte des droits fondamentaux de l'Union européenne. Elles ont été mises à jour sous la responsabilité du praesidium de la Convention européenne, compte tenu des adaptations apportées au texte de la Charte par ladite Convention (notamment aux articles 51 et 52) et de l'évolution du droit de l'Union. Bien que ces explications n'aient pas en soi de valeur juridique, elles constituent un outil d'interprétation précieux destiné à éclairer les dispositions de la Charte.

Références à la jurisprudence

Droit constitutionnel national

41 results found

  • КОНСТИТУЦИЯ на Република България
    Pays:
    Bulgaria

    Чл. 32.(1) Личният живот на гражданите е неприкосновен. Всеки има право на защита срещу незаконна намеса в личния и семейния му живот и срещу посегателство върху неговата чест, достойнство и добро име. [...] Чл. 33. (1) Жилището е неприкосновено. Без съгласието на обитателя му никой не може да влиза или да остава в него освен в случаите, изрично посочени в закона. (2) Влизане или оставане в жилището без съгласие на неговия обитател или без разрешение на съдебната власт се допуска само за предотвратяване на непосредствено предстоящо или започнало престъпление, за залавяне на извършителя му, както и в случаите на крайна необходимост.Чл. 34. (1) Свободата и тайната на кореспонденцията и на другите съобщения са неприкосновени. (2) Изключения от това правило се допускат само с разрешение на съдебната власт, когато това се налага за разкриване или предотвратяване на тежки престъпления.

Droit de l'UE

26 results found

  • Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market

    [...]

    (30) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union (‘Charter’). Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the right to freedom of expression, the freedom to conduct a business and the right to property, including intellectual property. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter, and it is essential that such processing be in compliance with Directives 95/46/EC and 2002/58/EC. In particular, providers of online content services should ensure that any processing of personal data under this Regulation is necessary, reasonable and proportionate in order to achieve the relevant purpose. Where authentication of a subscriber is sufficient in order to provide the service, identification of the subscriber should not be required. Data collected pursuant to this Regulation for the purposes of verification of the Member State of residence should not be stored by the provider longer than necessary to complete such verification. Such data should be immediately and irreversibly destroyed after the verification is completed. However, this is without prejudice to the storage of data which was collected for another legitimate purpose, subject to applicable data protection rules, including rules concerning the storage of that data.

    [...]

  • Regulation (EU) 2019/1157 of the European Parliament and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members

    Article 1

    Subject matter

    This Regulation strengthens the security standards applicable to identity cards issued by Member States to their nationals and to residence documents issued by Member States to Union citizens and their family members when exercising their right to free movement.

  • Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes

    [...]

    (73) This Regulation respects fundamental rights and observes the principles recognised in the Charter, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the principle of non-discrimination and the right to an effective remedy and to a fair trial. This Regulation should be applied by the courts and other competent authorities of the Member States in compliance with those rights and principles.

    [...]

  • Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences

    Preamble 


    (13) The respect for private and family life and the protection of natural persons regarding the processing of personal data are fundamental rights. In accordance with Article 7 and Article 8(1) of the Charter, everyone has the right to respect for their private and family life, home and communications and to the protection of personal data concerning them.

    (46) The principle of ne bis in idem is a fundamental principle of law in the Union, as recognised by the Charter and developed by the case law of the Court of Justice of the European Union. Where the issuing authority has grounds to believe that parallel criminal proceedings could be ongoing in another Member State, it should consult the authorities of that Member State in accordance with Council Framework Decision 2009/948/JHA . In any case, a European Production Order or a European Preservation Order is not to be issued where the issuing authority has grounds to believe that this would be contrary to the ne bis in idem principle.

    Article 1: Subject matter

    1. This Regulation lays down the rules under which an authority of a Member State, in criminal proceedings, may issue a European Production Order or a European Preservation Order and thereby order a service provider offering services in the Union and established in another Member State, or, if not established, represented by a legal representative in another Member State, to produce or to preserve electronic evidence regardless of the location of the data. This Regulation is without prejudice to the powers of national authorities to address service providers established or represented on their territory for the purpose of ensuring that they comply with national measures similar to those referred to in the first subparagraph.

    2. The issuing of a European Production Order or of a European Preservation Order may also be requested by a suspect or an accused person, or by a lawyer on that person’s behalf within the framework of applicable defence rights in accordance with national criminal procedural law.

    3. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in the Charter and in Article 6 TEU, and any obligations applicable to law enforcement authorities or judicial authorities in this respect shall remain unaffected. This Regulation applies without prejudice to fundamental principles, in particular the freedom of expression and information, including the freedom and pluralism of the media, respect for private and family life, the protection of personal data, as well as the right to effective judicial protection.

  • Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers

    Article 1

    Subject matter and scope

    1. This Regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling providers of certain number-independent interpersonal communications services (‘providers’) to use, without prejudice to Regulation (EU) 2016/679, specific technologies for the processing of personal and other data to the extent strictly necessary to detect online child sexual abuse on their services and report it and to remove online child sexual abuse material from their services.

    2. This Regulation does not apply to the scanning of audio communications.

  • Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures

    Article 1

    Purpose

    This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

  • Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law

    Article 1

    Purpose

    The purpose of this Directive is to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting breaches of Union law.

  • Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013

    Article 4

    Equality, rights and gender equality strand

    Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on:

    (1) promoting equality and preventing and combating inequalities and discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and respecting the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

    [...]

  • Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data, repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC

    Preamble

    (1) The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her. This right is also guaranteed under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

    [...]

    (74) The supervisory competence of the European Data Protection Supervisor should not cover the processing of personal data by the Court of Justice when acting in its judicial capacity, in order to safeguard the independence of the Court in the performance of its judicial tasks, including decision-making. For such processing operations, the Court should establish independent supervision, in accordance with Article 8(3) of the Charter, for example through an internal mechanism.

    Article 1 Subject matter and objectives

    1. This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data by the Union institutions and bodies and rules relating to the free movement of personal data between them or to other recipients established in the Union.

    2. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.

    3. The European Data Protection Supervisor shall monitor the application of the provisions of this Regulation to all processing operations carried out by a Union institution or body.

  • Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)

    Article 34: Risk assessment

    1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.

    They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:

    [...]

    (b) any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter;

Droit international

8 results found

  • Parliamentary Assembly Resolution 2243 (2018) on Family reunification of refugees and migrants in the Council of Europe member States

    1. The Parliamentary Assembly is deeply concerned about growing political discourse and action against foreigners, which are a real threat to the protection of refugees and in particular their family life. Families must not be torn apart and should not be prevented from reuniting after an often dangerous and challenging departure from their country of origin, where their fundamental rights to safety and security were threatened.

    ...

  • European Convention on Human Rights - Article 8

    Article 8 – Right to respect for private and family life

    1. Everyone has the right to respect for his private and family life, his home and his correspondence.

    2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

  • Convention on the Rights of the Child

    Article 16

    1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

    2. The child has the right to the protection of the law against such interference or attacks.

  • Convention on the Elimination of all Forms of Discrimination Against Women

    Article 16

    1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

    (a) The same right to enter into marriage;

    (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

    (c) The same rights and responsibilities during marriage and at its dissolution;

    (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

    (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;

    (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

    (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

    (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

    2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

  • International Covenant on Civil and Political Rights

    Article 17

    1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

    2. Everyone has the right to the protection of the law against such interference or attacks.

  • Convention on the Rights of Persons with Disabilities - Article 22

    Article 22 – Respect for privacy

    1. No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.

    2. States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.

  • Global Compact for Safe, Orderly and Regular Migration

    Resolution adopted by the General Assembly on 19 December 2018

  • Human Rights Council Resolution 29/22 (2015) - Protection of the family: contribution of the family to the realization of the right to an adequate standard of living for its members, particularly through its role in poverty eradication and achieving su...

    C. Right to privacy and family life
    ‘34. Article 12 of the Universal Declaration on Human Rights provides that “[n]o one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.” A similar provision is found in Article 17(1) of the International Covenant on Civil and Political Rights and in other United Nations instruments. This right has been interpreted broadly, encompassing inter alia the protection against forced evictions, the demolition of homes or property, the destruction of traditional burial grounds, and the expulsion of foreigners. The right to family life also applies in relation to persons deprived of liberty, who should be allowed to communicate with their families, subject only to reasonable restrictions established by law.
    35. The right to family life is reflected in the general preference for preserving the family unit and non-separation of its members, particularly dependent members. The Convention on the Rights of the Child affirms the right of children not to be separated from their parents against their will, except where “necessary for the best interest of the child,” such as in cases of abuse or neglect (art. 9.1), following a judicial determination to this effect. Children deprived of their family environment should be provided alternative care (art. 20), and, whenever possible, to have contact with their parents (art. 9(3)). According to article 23(4) of the Convention on the Rights of Persons with Disabilities, in no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.
    36. The Convention on the Rights of Migrant Workers and their Families requires States to ensure “the protection of the unity of the families,” including by facilitating the reunification of documented migrants with their spouses and dependent children (art. 44). The Convention on the Rights of the Child urges State Parties to deal with such requests in a “positive, humane and expeditious manner” (art. 10).‘

Produits

  • Fundamental Rights Report
    5
    juin
    2024
    FRA’s Fundamental Rights Report 2024 analyses the year’s developments in fundamental rights. It focuses on the most pressing fundamental rights concerns facing Europe in 2023: the cost-of-living crisis, rights concerns at the EU’s external borders and migration, and threats to democracy. Re-structured, this year’s new approach is a shorter and sharper analysis. It also presents FRA’s opinions on these developments, including a summary of the evidence supporting these opinions.
  • Report / Paper / Summary
    19
    décembre
    2023
    All EU funds must be spent in a way that respect fundamental rights. The EU spends billions of euros on creating jobs, economic growth, sustainable development and improving people’s lives. To prevent funds from being spent in ways that directly violate people’s fundamental rights, the EU strengthened the conditions how funds can be spent in 2021. This report looks at how the newly introduced conditions related to the EU Charter of Fundamental Rights and the United Nations Convention on the Rights of Persons with Disabilities can be upheld in practice. It analyses the potential role of national human rights institutions, ombudsperson institutions and equality bodies. These safeguards can advance compliance with fundamental rights.
  • Report / Paper / Summary
    29
    novembre
    2023
    Online hate speech is a growing problem in today’s digitalised societies. Women, Black people, Jews and Roma are often targets of online hate speech. Online hate proliferates where human content moderators miss offensive content. Also, algorithms are prone to errors. They may multiply errors over time and may even end up promoting online hate. This report presents the challenges in identifying and detecting online hate. Hate of any kind should not be tolerated, regardless of whether it is online or offline. The report discusses the implications for fundamental rights to support creating a rights-compliant digital environment.
  • Periodic updates / Series
    18
    octobre
    2023
    Civil society organisations struggle to maintain an environment safe from threats and attacks. FRA’s sixth annual update on civic space explores the challenges for organisations across the EU. While there has been significant development since FRA began monitoring the situation in 2018, civil society organisations remain under immense pressure. Abusive lawsuits and attacks against those involved in migrant search and rescue at sea are just some of the challenges identified. This report presents ways forward to protect civil society and human rights.
  • Report / Paper / Summary
    6
    septembre
    2023
    Integration and social inclusion are important aspects of EU migration and asylum policy. The fundamental rights of long-term residents in the EU are explored through this report, focussing on the Long-Term Residence Directive. EU long-term resident status includes rights to move and reside in other EU Member States. This report examines the reasons behind the low uptake of EU long-term resident permits, despite them typically giving more rights than national long-term resident permits.
  • Fundamental Rights Report
    8
    juin
    2023
    FRA’s Fundamental Rights Report 2023 reviews major developments in the field in 2022, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions.
  • Report / Paper / Summary
    24
    mai
    2023
    This report provides a partial update on the findings of the 2017 European Union Agency for Fundamental Rights (FRA) report Surveillance by intelligence services: Fundamental rights safeguards and remedies in the EU. It was prepared at the request of the European Parliament, which asked FRA to update its 2017 findings to support the work of its committee of inquiry to investigate the use of Pegasus and equivalent surveillance spyware (PEGA).
  • Report / Paper / Summary
    8
    décembre
    2022
    Artificial intelligence is everywhere and affects everyone – from deciding what content people see on their social media feeds to determining who will receive state benefits. AI technologies are typically based on algorithms that make predictions to support or even fully automate decision-making.
  • Handbook / Guide / Manual
    14
    octobre
    2022
    ** As of 19 September 2024 a new version of this guidance has been issued. Please see the link below. **

    Fundamental rights monitoring at EU external borders should be systematically and regularly carried out for a range of border management activities. These include border surveillance, apprehensions at land, sea and air borders, and the operation of referral mechanisms, including in the event of mass arrivals. This general guidance provides assistance to EU Member States in setting up national independent mechanisms to monitor fundamental rights compliance at EU external borders, in line with the proposed screening regulation of 23 September 2020 by the European Commission. The EU Agency for Fundamental Rights prepared this guidance at the request of the Commission.
  • Rapport / Publication / Résumé
    28
    septembre
    2022
    Les actes de terrorisme représentent une menace de taille pour la vie et la sécurité des personnes et un défi majeur pour les États sur le plan de la sécurité. Dans le même temps, la législation, les politiques et les autres mesures de lutte contre le terrorisme peuvent donner lieu, directement ou indirectement, à de graves limitations des droits fondamentaux et porter préjudice à des individus, des groupes, ainsi qu’à la société dans son ensemble. Le présent résumé expose les principales conclusions du rapport de l’Agence des droits fondamentaux de l’Union européenne (FRA) sur la directive (UE) 2017/541 relative à la lutte contre le terrorisme, principal instrument de droit pénal dont dispose l’Union européenne (UE) en matière de lutte contre le terrorisme.