eu-charter

Europos Sąjungos pagrindinių teisių chartija

21 straipsnis - Diskriminacijos uždraudimas

21 straipsnis - Diskriminacijos uždraudimas

1. Draudžiama bet kokia diskriminacija, ypač dėl asmens lyties, rasės, odos spalvos, tautinės ar socialinės kilmės, genetinių bruožų, kalbos, religijos ar tikėjimo, politinių ar kitokių pažiūrų, priklausymo tautinei mažumai, turtinės padėties, gimimo, negalios, amžiaus, seksualinės orientacijos.
2. Sutarčių taikymo srityje ir nepažeidžiant konkrečių jų nuostatų draudžiama bet kokia diskriminacija dėl asmens pilietybės.

Paaiškinimai

  • Text:

    1 dalis remiasi EB sutarties 13 straipsniu, dabar pakeistu Sutarties dėl Europos Sąjungos veikimo 19 straipsniu, EŽTK 14 straipsniu bei Žmogaus teisių ir biomedicinos konvencijos 11 straipsniu dėl genetinio paveldo. Kiek tai atitinka EŽTK 14 straipsnį, ji taikoma laikantis šio straipsnio.
    Tarp 1 dalies ir Sutarties dėl Europos Sąjungos veikimo 19 straipsnio, kurio taikymo sritis ir tikslas yra kitas, nėra prieštaravimo ar nesuderinamumo: 19 straipsniu Sąjungai suteikiamas įgaliojimas priimti įstatymo galią turinčius aktus, įskaitant valstybių narių įstatymų ir kitų teisės aktų suderinimą, siekiant kovoti su diskriminacija, pasireiškiančia tam tikromis formomis, kurios yra išsamiai išvardintos tame straipsnyje. Tokie teisės aktai gali apimti valstybių narių institucijų veiksmus (taip pat privačių asmenų santykius) bet kurioje srityje Sąjungos įgaliojimų ribose. Priešingai, 21 straipsnio 1 dalis nesukuria jokio įgaliojimo leisti antidiskriminacinius įstatymus šiose valstybių narių ar privačių veiksmų srityse ir nenustato bendro pobūdžio diskriminacijos draudimo tose labai įvairiose srityse. Vietoj to ji apima tik pačių Sąjungos institucijų ir organų vykdomos diskriminacijos atvejus, naudojantis įgaliojimais, kurie yra suteikti pagal Sutartis, ir valstybių narių vykdomos diskriminacijos atvejus, tik joms įgyvendinant Sąjungos teisę. Todėl 1 dalis nepakeičia nei pagal 19 straipsnį suteiktų įgaliojimų apimties, nei šio straipsnio aiškinimo.
    2 dalis atitinka Sutarties dėl Europos Sąjungos veikimo 18 straipsnio pirmąją pastraipą ir turi būti taikoma laikantis šio straipsnio.

    Source:
    Europos Sąjungos oficialusis leidinys C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Šie išaiškinimai buvo pirmą kartą parengti prižiūrint Europos Sąjungos pagrindinių teisių chartiją rengusio Konvento prezidiumui. Jie buvo atnaujinti Europos konvento prezidiumo atsakomybe, atsižvelgiant į Konvento įvestas Chartijos teksto projekto pataisas (ypač 51 ir 52 straipsnių) ir kitus Sąjungos teisės pakeitimus. Nors išaiškinimai neturi teisinės galios, jie yra svarbi Chartijos nuostatoms išaiškinti skirta aiškinimo priemonė.

Teismų praktika

Nacionalinės konstitucinės teisės

57 results found

  • Constitution of the Republic of Lithuania
    Šalis:
    Lithuania

    Article 29. All persons shall be equal before the law, the court, and other State institutions and officials. The rights of the human being may not be restricted, nor may he be granted any privileges on the ground of gender, race, nationality, language, origin, social status, belief, convictions, or views.

  • Constitution of the Republic of Poland
    Šalis:
    Poland

    Article 32 1. All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities. 2. No one shall be discriminated against in political, social or economic life for any reason whatsoever.

  • Costituzione della Repubblica Italiana
    Šalis:
    Italy

    Art. 3. Tutti i cittadini hanno pari dignità sociale e sono eguali davanti alla legge, senza distinzione di sesso, di razza, di lingua, di religione, di opinioni politiche, di condizioni personali e sociali. È compito della Repubblica rimuovere gli ostacoli di ordine economico e sociale, che, limitando di fatto la libertà e la uguaglianza dei cittadini, impediscono il pieno sviluppo della persona umana e l'effettiva partecipazione di tutti i lavoratori all'organizzazione politica, economica e sociale del Paese. Art. 10. (...) La condizione giuridica dello straniero è regolata dalla legge in conformità delle norme e dei trattati internazionali (...)

  • Czechia / Charter of Fundamental Rights and Freedoms
    Šalis:
    Czechia

    Article 3 (1) Everyone is guaranteed the enjoyment of her fundamental rights and basic freedoms without regard to gender, race, colour of skin, language, faith and religion, political or other conviction, national or social origin, membership in a national or ethnic minority, property, birth, or other status.

  • Danmarks Riges Grundlov
    Šalis:
    Denmark

    § 70. Ingen kan på grund af sin trosbekendelse eller afstamning berøves adgang til den fulde nydelse af borgerlige og politiske rettigheder eller unddrage sig opfyldelsen af nogen almindelig borgerpligt.
    § 71. Stk. 1. Den personlige frihed er ukrænkelig. Ingen dansk borger kan på grund af sin politiske eller religiøse overbevisning eller sin afstamning underkastes nogen form for frihedsberøvelse.
    § 83. Enhver i lovgivningen til adel, titel og rang knyttet forret er afskaffet.

  • De Belgische Grondwet
    Šalis:
    Belgium

    Artikel 11Het genot van de rechten en vrijheden aan de Belgen toegekend moet zonder discriminatie verzekerd worden. Te dien einde waarborgen de wet en het decreet inzonderheid de rechten en vrijheden van de ideologische en filosofische minderheden.Artikel 131De wet stelt de regelen vast ter voorkoming van elke discriminatie om ideologische en filosofische redenen.

  • Eesti Vabariigi Põhiseadus
    Šalis:
    Estonia

    § 12. Kõik on seaduse ees võrdsed. Kedagi ei tohi diskrimineerida rahvuse, rassi, nahavärvuse, soo, keele, päritolu, usutunnistuse, poliitiliste või muude veendumuste, samuti varalise ja sotsiaalse seisundi või muude asjaolude tõttu. Rahvusliku, rassilise, usulise või poliitilise vihkamise, vägivalla ja diskrimineerimise õhutamine on seadusega keelatud ja karistatav. Samuti on seadusega keelatud ja karistatav õhutada vihkamist, vägivalda ja diskrimineerimist ühiskonnakihtide vahel.

  • Equal Treatment Act
    Šalis:
    Estonia

    § 1. Purpose and scope of Act
    (1) The purpose of this Act is to ensure the protection of persons against discrimination on grounds of nationality (ethnic origin), race, colour, religion or other beliefs, age, disability or sexual orientation.
    (2) In order to achieve the purpose specified in subsection (1) of this section, this Act provides for:
    1) the principles of equal treatment;
    2) duties upon implementation and promotion of the principle of equal treatment;
    3) resolution of discrimination disputes.

  • Federal Constitutional Act on Elimination of racial discrimination
    Šalis:
    Austria

    Article 1 §1 (1) Any form of racial discrimination – also to the extent not already in contradiction with Article 7 of the Federal Constitutional Act as amended 1929 and Article 14 of the Convention for the Protection of Human Rights and Fundamental Liberties, Federal Law Gazette No. 210/1958 – is forbidden. Legislation and execution shall refrain from any discrimination for the sole reason of race, colour of skin, descent or national or ethnic origin. (2) Para 1 shall not prevent granting special rights to Austrian citizens or imposing
    special obligations on them, unless contradicted by Article 14 of the Convention for the Protection of Human Rights and Fundamental Liberties.

  • General Equal Treatment Act
    Šalis:
    Germany

     

     

     

  • Grundgesetz für die Bundesrepublik Deutschland
    Šalis:
    Germany

    Artikel 3 (...) (3) Niemand darf wegen seines Geschlechtes, seiner Abstammung, seiner Rasse, seiner Sprache, seiner Heimat und Herkunft, seines Glaubens, seiner religiösen oder politischen Anschauungen benachteiligt oder bevorzugt werden. Niemand darf wegen seiner Behinderung benachteiligt werden. Artikel 33 (1) Jeder Deutsche hat in jedem Lande die gleichen staatsbürgerlichen Rechte und Pflichten. (2) Jeder Deutsche hat nach seiner Eignung, Befähigung und fachlichen Leistung gleichen Zugang zu jedem öffentlichen Amte. (3) Der Genuß bürgerlicher und staatsbürgerlicher Rechte, die Zulassung zu öffentlichen Ämtern sowie die im öffentlichen Dienste erworbenen Rechte sind unabhängig von dem religiösen Bekenntnis. Niemandem darf aus seiner Zugehörigkeit oder Nichtzugehörigkeit zu einem Bekenntnisse oder einer Weltanschauung ein Nachteil erwachsen.

  • Konstytucja Rzeczypospolitej Polskiej
    Šalis:
    Poland

    Art. 32. 1. Wszyscy są wobec prawa równi. Wszyscy mają prawo do równego traktowania przez władze publiczne.2. Nikt nie może być dyskryminowany w życiu politycznym, społecznym lub gospodarczym z jakiejkolwiek przyczyny.

  • Konvention zum Schutze der Menschenrechte und Grundfreiheiten
    Šalis:
    Austria

    Artikel 14 Der Genuß der in der vorliegenden Konvention festgelegten Rechte und Freiheiten ist ohne Benachteiligung zu gewährleisten, die insbesondere im Geschlecht, in der Rasse, Hautfarbe, Sprache, Religion, in den politischen oder sonstigen Anschauungen, in nationaler oder sozialer Herkunft, in der Zugehörigkeit zu einer nationalen Minderheit, im Vermögen, in der Geburt oder im sonstigen Status begründet ist.

  • La Constitution Belge
    Šalis:
    Belgium

    Article 11La jouissance des droits et libertés reconnus aux Belges doit être assurée sans discrimination. A cette fin, la loi et le décret garantissent notamment les droits et libertés des minorités idéologiques et philosophiques.Article 131La loi arrête les mesures en vue de prévenir toute discrimination pour des raisons idéologiques et philosophiques.

  • Latvijas Republikas Satversme
    Šalis:
    Latvia

    91. Visi cilvēki Latvijā ir vienlīdzīgi likuma un tiesas priekšā. Cilvēka tiesības tiek īstenotas bez jebkādas diskriminācijas.

  • Lietuvos Respublikos Konstitucija
    Šalis:
    Lithuania

    29 straipsnis Įstatymui, teismui ir kitoms valstybės institucijoms ar pareigūnams visi asmenys lygūs. Žmogaus teisių negalima varžyti ir teikti jam privilegijų dėl jo lyties, rasės, tautybės, kalbos, kilmės, socialinės padėties, tikėjimo, įsitikinimų ar pažiūrų pagrindu.

  • Luxembourg / Constitution of the Grand Ducal of Luxembourg
    Šalis:
    Luxembourg

    Art. 15.  ... (2) Nul ne peut être discriminé en raison de sa situation ou de circonstances personnelles. 

    ...

  • Magyarország Alaptörvénye
    Šalis:
    Hungary

    XV. cikk (SZABADSÁG ÉS FELELŐSSÉG) [...] (2) Magyarország az alapvető jogokat mindenkinek bármely megkülönböztetés, nevezetesen faj, szín, nem, fogyatékosság, nyelv, vallás, politikai vagy más vélemény , nemzeti vagy társadalmi származás, vagyoni, születési vagy egyéb helyzet szerinti kűlönbségtétel nélkül biztosítja. [...] (4)Magyarország az esélyegyenlőség és a társadalmi felzárkózás megvalósulását külön intézkedésekkel segíti.

  • Netherlands / Constitution of the Kingdom of the Netherlands
    Šalis:
    Netherlands

    Article 1 All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex, disability, sexual orientation or on any other grounds whatsoever shall not be permitted.

  • Non-Discrimination Act (21/2004)
    Šalis:
    Finland

ES teisė

33 results found

  • Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security

    Article 1

    The purpose of this Directive is the progressive implementation, in the field of social security and other elements of social protection provided for in Article 3, of the principle of equal treatment for men and women in matters of social security, hereinafter referred to as ‘the principle of equal treatment’.

    Article 4

    1.   The principle of equal treatment means that there shall be no discrimination whatsoever on ground of sex either directly, or indirectly by reference in particular to marital or family status, in particular as concerns:

    — the scope of the schemes and the conditions of access thereto,

    — the obligation to contribute and the calculation of contributions,

    — the calculation of benefits including increases due in respect of a spouse and for dependants and the conditions governing the duration and retention of entitlement to benefits.

    2.   The principle of equal treatment shall be without prejudice to the provisions relating to the protection of women on the grounds of maternity.

    Article 6

    Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the principle of equal treatment to pursue their claims by judicial process, possibly after recourse to other competent authorities.

  • Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

    Preamble 
    (4) Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas.

    Article 1: Purpose

    The purpose of this Directive is to lay down a framework for combating discrimination based on sex in access to and supply of goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women.

    Article 4: Principle of equal treatment

    1.   For the purposes of this Directive, the principle of equal treatment between men and women shall mean that

    (a) there shall be no direct discrimination based on sex, including less favourable treatment of women for reasons of pregnancy and maternity;

    (b) there shall be no indirect discrimination based on sex.

    2.   This Directive shall be without prejudice to more favourable provisions concerning the protection of women as regards pregnancy and maternity.

    3.   Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited. A person's rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person.

    4.   Instruction to direct or indirect discrimination on the grounds of sex shall be deemed to be discrimination within the meaning of this Directive.

    5.   This Directive shall not preclude differences in treatment, if the provision of the goods and services exclusively or primarily to members of one sex is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

    Article 6: Positive action

    With a view to ensuring full equality in practice between men and women, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to sex.

    Article 7: Minimum requirements

    1.   Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment between men and women than those laid down in this Directive.

    2.   The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive.

  • Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence

    Preamble  


    (2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union (TEU) and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domestic violence endanger those very values and rights, undermining women and girls’ rights to equality in all areas of life and hindering their equal societal and professional participation.

    (3) Violence against women and domestic violence is a violation of fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, the right to liberty and security, the right to the protection of personal data, the right to non-discrimination, including on the grounds of sex, and the rights of the child, as enshrined in the Charter and the United Nations Convention on the Rights of the Child.


    (6) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on a combination of sex and any other ground or grounds of discrimination as referred to in Article 21 of the Charter, namely 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 (‘intersectional discrimination’). Member States should therefore pay due regard to victims affected by such intersectional discrimination by taking specific measures. Persons affected by intersectional discrimination are at a heightened risk of experiencing gender-based violence. Consequently, Member States should take that heightened level of risk into consideration when implementing the measures provided for by this Directive, especially regarding the individual assessment to identify victims’ protection needs, specialist support to victims and training and information for professionals likely to come into contact with victims.


    (20) The dissemination of images, videos or other material depicting sexually explicit activities or the intimate parts of a person without that person’s consent to the public by means of ICT should not be criminalised, where such non-criminalisation is necessary to safeguard the fundamental rights protected under the Charter, in particular the freedom of expression, including the freedom to receive and impart information and ideas in an open and democratic society, as well as the freedom of the arts and sciences, including academic freedom. Moreover, the offence should not cover the handling of material by public authorities, in particular to conduct criminal proceedings or to prevent, detect or investigate crime, and Member States should be able to exempt a person from responsibility under specific circumstances, for example where telephone or internet helplines handle material in order to report an offence to authorities.


    (26) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context but publicly through the use of ICT. Therefore, it should require dissemination to the public, which should be understood as entailing making a given item of material which amounts to incitement to violence or hatred accessible, through ICT, to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or without selecting to whom access is granted. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental right to freedom of expression as enshrined in Article 11 of the Charter.


    (33) In the case of domestic violence and violence against women, especially where committed by close family members or intimate partners, victims might be under such duress from the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure that their confidentiality rules do not constitute an obstacle for healthcare professionals to report to the competent authorities, where they have reasonable grounds to believe that there is an imminent risk of serious physical harm. Such reporting is justified because such acts might not be reported by those who experience or directly witness them. Similarly, instances of domestic violence or violence against women which affect children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, professionals who come into contact with child victims, including healthcare, social services or education professionals, should not be constrained by confidentiality rules where they have reasonable grounds to believe that serious physical harm has been inflicted on a child. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality. However, legal professional privilege should be protected, in accordance with Article 7 of the Charter, as justified by the fundamental role assigned to lawyers in a democratic society. Where provided for by national law, the clergy-penitent privilege, or equivalent principles applicable in order to safeguard the freedom of religion, should also be protected. In addition, the possibility for professionals to report such instances of violence is without prejudice to national rules on confidentiality of sources applicable in the context of the media.


    (42) Victims are often in need of specific support. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. That should, in particular, be the case where an individual assessment has found that the victim has particular support needs. When determining whether to refer child victims to support services, the best interests of those victims should be a primary consideration, as laid down in Article 24 of the Charter. Member States should ensure that the processing of related personal data by competent authorities is based on law, in accordance with the relevant provisions concerning the lawfulness of processing set out in Regulation (EU) 2016/679 of the European Parliament and of the Council  and in accordance with Directive (EU) 2016/680 of the European Parliament and of the Council. Such law should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of individuals. Where competent authorities transfer victims’ personal data to support services for the purposes of victim referral, they should ensure that the data transferred are limited to what is necessary to inform the support services of the circumstances of the case, so that victims receive appropriate support and protection. A support service should only store personal data for as long as necessary and, in any event, for no longer than five years, or a shorter period of time if established in national law, after the last contact between the support service and the victim.


    (68) To effectively address negative consequences for children, support measures for children should include specialised psychological counselling adapted to the age, developmental needs and individual situation of the child, together with paediatric care where necessary, and be provided as soon as the competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses. When providing support to children, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration.

    Article 16: Individual assessment to identify victims’ protection needs

    4.   The individual assessment as referred to in paragraph 2 shall take into account the victim’s individual circumstances, including whether the victim experiences discrimination based on a combination of sex and any other ground or grounds of discrimination as referred to in Article 21 of the Charter (‘intersectional discrimination’), and, therefore, faces a heightened risk of violence, and the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeat victimisation.

    Article 23: Measures to remove certain online material

    4.   Member States shall ensure that the orders and other measures referred to in paragraph 1 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all relevant parties involved, including their fundamental rights in accordance with the Charter.

    Member States shall ensure that hosting service providers, other relevant intermediary service providers and content providers affected by an order as referred to in the second subparagraph of paragraph 1 have a right to an effective judicial remedy. Such right shall include the right to challenge such an order before the courts of the Member State of the competent authority that issued the order.

    Article 47: Freedom of the press and freedom of expression in other media

    This Directive shall not affect special liability regimes relating to fundamental principles on the freedom of the press and the freedom of expression in protected media which exist in Member States as of 13 June 2024, provided that such regimes can be applied in full compliance with the Charter.

  • Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions in platform work

    Preamble 


    (2) Article 31 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) provides for the right of every worker to fair and just working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 12 of the Charter provides that everyone has the right to freedom of assembly and of association at all levels. Article 16 of the Charter recognises the freedom to conduct a business. Article 21 of the Charter prohibits discrimination.

    Article 7: Limitations on the processing of personal data by means of automated monitoring systems or automated decision-making systems

    1.   Digital labour platforms shall not, by means of automated monitoring systems or automated decision-making systems:

    (a) process any personal data on the emotional or psychological state of a person performing platform work;

    (b) process any personal data in relation to private conversations, including exchanges with other persons performing platform work and the representatives of persons performing platform work;

    (c) collect any personal data of a person performing platform work while that person is not offering or performing platform work;

    (d) process personal data to predict the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter;

    (e) process any personal data to infer the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, emotional or psychological state, trade union membership, sex life or sexual orientation;

    (f) process any biometric data, as defined in Article 4, point (14), of Regulation (EU) 2016/679, of a person performing platform work to establish that person’s identity by comparing that data to stored biometric data of natural persons in a database.

  • Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals

    Preamble  


    (37) This Directive respects the fundamental rights and observes the principles recognised in particular by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. Specifically, it should be applied with due respect for the freedom to conduct a business, equality before the law and the principle of non-discrimination, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties, in accordance with Articles 16, 20, 21, 47 and 49 of the Charter.

  • Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

    Preamble 


    (31) Applicants who are in detention should be treated with full respect for human dignity and their reception should be specifically designed to meet their needs in that situation. In particular, Member States should ensure that Article 24 of the Charter and Article 37 of the 1989 United Nations Convention on the Rights of the Child are applied.


    (38) In applying this Directive, Member States should seek to ensure full respect for the principles of the best interests of the child and of family unity, in accordance with the Charter, the 1989 United Nations Convention on the Rights of the Child, the European Convention for the Protection of Human Rights and Fundamental Freedoms and, where applicable, the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.


    (75) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 6, 7, 18, 21, 24 and 47 of the Charter and has to be implemented accordingly.

    Article 19: General rules on material reception conditions and health care

    2.   Member States shall ensure that material reception conditions and health care received in accordance with Article 22 provide an adequate standard of living for applicants, which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter.

    Article 21: Reception conditions in a Member State other than the one in which the applicant is required to be present

    From the moment applicants have been notified of a decision to transfer them to the Member State responsible in accordance with Regulation (EU) 2024/1351, they shall not be entitled to the reception conditions set out in Articles 17 to 20 of this Directive in any Member State other than the one in which they are required to be present in accordance with Regulation (EU) 2024/1351. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter, and international obligations.

  • Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast)

    Preamble 
    (33) The best interests of the child should be a primary consideration of Member States when applying this Directive, in accordance with the Charter of Fundamental Rights of the European Union (the Charter) and the 1989 United Nations Convention on the Rights of the Child. In assessing the best interest of the child, Member States should in particular take due account of the minor’s well-being and social development, including his or her background.

    (39) In determining whether a situation of uncertainty prevails in the country of origin of an applicant, Member States should ensure that they obtain precise and up-to-date information from relevant sources such as EASO, UNHCR, the Council of Europe and other relevant international organisations. Member States should ensure that any postponement of conclusion of the procedure fully complies with their obligations under Directive 2011/95/EU and Article 41 of the Charter, without prejudice to the efficiency and fairness of the procedures under this Directive.


    (60) This Directive respects the fundamental rights and observes the principles recognised by the Charter. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 18, 19, 21, 23, 24, and 47 of the Charter and has to be implemented accordingly.

    Article 13: Obligations of the applicants

    1. Member States shall impose upon applicants the obligation to cooperate with the competent authorities with a view to establishing their identity and other elements referred to in Article 4(2) of Directive 2011/95/EU. Member States may impose upon applicants other obligations to cooperate with the competent authorities insofar as such obligations are necessary for the processing of the application.

    2. In particular, Member States may provide that:

    (a) applicants are required to report to the competent authorities or to appear before them in person, either without delay or at a specified time;

    (b) applicants have to hand over documents in their possession relevant to the examination of the application, such as their passports;

    (c) applicants are required to inform the competent authorities of their current place of residence or address and of any changes thereof as soon as possible. Member States may provide that the applicant shall have to accept any communication at the most recent place of residence or address which he or she indicated accordingly;

    (d) the competent authorities may search the applicant and the items which he or she is carrying. Without prejudice to any search carried out for security reasons, a search of the applicant’s person under this Directive shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity;

    (e) the competent authorities may take a photograph of the applicant; and

    (f) the competent authorities may record the applicant’s oral statements, provided he or she has previously been informed thereof.

    ...

    Article 30: Collection of information on individual cases

    For the purposes of examining individual cases, Member States shall not:

    (a) disclose information regarding individual applications for international protection, or the fact that an application has been made, to the alleged actor(s) of persecution or serious harm;

    (b) obtain any information from the alleged actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.

    ...

    Article 45: Procedural rules

    1. Member States shall ensure that, where the competent authority is considering withdrawing international protection from a third-country national or stateless person in accordance with Article 14 or 19 of Directive 2011/95/EU, the person concerned enjoys the following guarantees:

    (a) to be informed in writing that the competent authority is reconsidering his or her qualification as a beneficiary of international protection and the reasons for such a reconsideration; and

    (b) to be given the opportunity to submit, in a personal interview in accordance with Article 12(1)(b) and Articles 14 to 17 or in a written statement, reasons as to why his or her international protection should not be withdrawn.

    2. In addition, Member States shall ensure that within the framework of the procedure set out in paragraph 1:

    (a) the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate, from EASO and UNHCR, as to the general situation prevailing in the countries of origin of the persons concerned; and

    (b) where information on an individual case is collected for the purposes of reconsidering international protection, it is not obtained from the actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration, or jeopardise the physical integrity of the person or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.

    3. Member States shall ensure that the decision of the competent authority to withdraw international protection is given in writing. The reasons in fact and in law shall be stated in the decision and information on how to challenge the decision shall be given in writing.

    4. Once the competent authority has taken the decision to withdraw international protection, Article 20, Article 22, Article 23(1) and Article 29 are equally applicable.

    5. By way of derogation from paragraphs 1 to 4 of this Article, Member States may decide that international protection shall lapse by law where the beneficiary of international protection has unequivocally renounced his or her recognition as such. A Member State may also provide that international protection shall lapse by law where the beneficiary of international protection has become a national of that Member State. 

  • Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817

    Preamble 
    (25) During the screening, the best interests of the child should always be a primary consideration in accordance with Article 24(2) of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Child protection authorities should, wherever necessary, be closely involved in the screening to ensure that the best interests of the child are duly taken into account throughout the screening. A representative should be appointed to represent and assist the unaccompanied minor during the screening or, where a representative has not been appointed, a person trained to safeguard the best interests and general wellbeing of the minor should be designated. Where applicable, that representative should be the same as the representative appointed in accordance with the rules on unaccompanied minors in Directive (EU) 2024/1346. The trained person should be the person designated to provisionally act as a representative under that Directive, where that person has been designated.


    (37) A preliminary vulnerability check should be carried out with a view to identifying persons with indications of being vulnerable, of being victims of torture or other inhuman or degrading treatment, or of being stateless, or who may have special reception or procedural needs within the meaning of Directive (EU) 2024/1346 and Regulation (EU) 2024/1348, respectively. This should be without prejudice to further assessment in ensuing procedures following the completion of the screening. The vulnerability check should be carried out by specialised personnel of the screening authorities trained for that purpose.


    (38) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single-parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in the case of a minor, information should be provided in a child-friendly and age-appropriate manner. All the authorities involved in the performance of the tasks related to the screening should report any situation of vulnerabilities observed or reported to them, should respect human dignity and privacy, and should refrain from any discrimination.

    Article 8 : Requirements concerning the screening

    8.   Member States shall ensure that all persons subject to the screening are accorded a standard of living which guarantees their subsistence, protects their physical and mental health and respects their rights under the Charter.

    Article 10 : Monitoring of fundamental rights

    2.   Each Member State shall provide for an independent monitoring mechanism in accordance with the requirements set out in this Article, which shall:

    (a) monitor compliance with Union and international law, including the Charter, in particular as regards access to the asylum procedure, the principle of non-refoulement, the best interest of the child and the relevant rules on detention, including relevant provisions on detention in national law, during the screening; and

    (b) ensure that substantiated allegations of failure to respect fundamental rights in all relevant activities in relation to the screening are dealt with effectively and without undue delay, trigger, where necessary, investigations into such allegations and monitor the progress of such investigations.

    Article 12: Preliminary health checks and vulnerabilities

    3.   Third-country nationals subjected to the screening referred to in Articles 5 and 7 shall be subject to a preliminary vulnerability check by specialised personnel of the screening authorities trained for that purpose, with a view to identifying whether a third-country national might be a stateless person, vulnerable or a victim of torture or other inhuman or degrading treatment, or have special needs within the meaning of Directive 2008/115/EC, Article 25 of Directive (EU) 2024/1346 and Article 20 of Regulation (EU) 2024/1348. For the purpose of that vulnerability check, the screening authorities may be assisted by non-governmental organisations and, where relevant, by qualified medical personnel.

    Article 13: Guarantees for minors

    1.   During the screening, the best interests of the child shall always be a primary consideration in accordance with Article 24(2) of the Charter.

  • Regulation (EU) No 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex

    Preamble 


    (19) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union (TEU) and by the Charter, in particular respect for human dignity, the right to life, the prohibition of torture and of inhuman or degrading treatment or punishment, the prohibition of trafficking in human beings, the right to liberty and security, the right to the protection of personal data, the right to asylum and to protection against removal and expulsion, the principles of non-refoulement and non-discrimination, the right to an effective remedy and the rights of the child. This Regulation should be applied by Member States and the Agency in accordance with those rights and principles.

  • Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

    Preamble 

    (3) The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination and the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories.

    (9) Discrimination based on racial or ethnic origin may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and of social protection, the raising of the standard of living and quality of life, economic and social cohesion and solidarity. It may also undermine the objective of developing the European Union as an area of freedom, security and justice.

    (13) To this end, any direct or indirect discrimination based on racial or ethnic origin as regards the areas covered by this Directive should be prohibited throughout the Community. This prohibition of discrimination should also apply to nationals of third countries, but does not cover differences of treatment based on nationality and is without prejudice to provisions governing the entry and residence of third-country nationals and their access to employment and to occupation.

    (14) In implementing the principle of equal treatment irrespective of racial or ethnic origin, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.

    (19) Persons who have been subject to discrimination based on racial and ethnic origin should have adequate means of legal protection. To provide a more effective level of protection, associations or legal entities should also be empowered to engage, as the Member States so determine, either on behalf or in support of any victim, in proceedings, without prejudice to national rules of procedure concerning representation and defence before the courts.

    Article 1: Purpose

    The purpose of this Directive is to lay down a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the Member States the principle of equal treatment.

    Article 2: Concept of discrimination

    1. For the purposes of this Directive, the principle of equal treatment shall mean that there shall be no direct or indirect discrimination based on racial or ethnic origin.

    2. For the purposes of paragraph 1:

    (a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin;

    (b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

    3. Harassment shall be deemed to be discrimination within the meaning of paragraph 1, when an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.

    4. An instruction to discriminate against persons on grounds of racial or ethnic origin shall be deemed to be discrimination within the meaning of paragraph 1.

    Article 7: Defence of rights

    1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

    2. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.

Tarptautinė teisė

4 results found

  • Committee on the Elimination of Racial Discrimination, General recommendation No. 35 Combating racist hate speech

    ‘24. Article 5 of the Convention enshrines the obligation of States parties to prohibit and eliminate racial discrimination and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of civil, political, economic, social and cultural rights, including the rights to freedom of thought, conscience and religion, freedom of opinion and expression, and freedom of peaceful assembly and association.‘
    ‘25. The Committee considers that the expression of ideas and opinions made in the context of academic debates, political engagement or similar activity, and without incitement to hatred, contempt, violence or discrimination, should be regarded as legitimate exercises of the right to freedom of expression, even when such ideas are controversial.‘
    ‘26. In addition to its inclusion in article 5, freedom of opinion and expression is recognized as a fundamental right in a broad range of international instruments, including the Universal Declaration of Human Rights, which affirm that everyone has the right to hold opinions and to seek, receive and impart information and ideas of all kinds through any media and regardless of frontiers. The right to freedom of expression is not unlimited but carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only if they are provided by law and are necessary for protection of the rights or reputations of others and for the protection of national security or of public order, or of public health or morals. Freedom of expression should not aim at the destruction of the rights and freedoms of others, including the right to equality and non-discrimination.‘

  • Human Rights Council Resolution 26/15 (2014) - Accelerating efforts to eliminate all forms of violence against women: violence against women as a barrier to women’s political and economic empowerment

    ‘6. Emphasizes that the prohibition of discrimination against women on grounds of sex, pregnancy, maternity, parenthood or care work should be enforced for all women in all areas of work, including in the informal sector;
    7. Requests States to take measures to overcome the barriers to women’s economic opportunities resulting from maternity and the disproportionate burden of unpaid care work in order to permit choice by women and men as to how they allocate work and family duties and in order to enable the complementarity of work and family between women and men;
    8. Urges States to take measures to reduce informal work for women, with a focus on female participation in economic life and by increasing women’s economic opportunities, particularly in formal employment, in order to promote gender equality; [...]‘

  • Human Rights Council Resolution 26/5 (2014) - Elimination of discrimination against women
  • Human Rights Council Resolution 35/18 (2017) - Elimination of discrimination against women and girls

Produktai

  • Report / Paper / Summary
    25
    January
    2012
    The Racial Equality Directive (2000/43/EC) is the key piece of EU legislation for combating discrimination on the grounds of racial or ethnic origin and for giving effect to the principle of equal treatment. The present report discusses the application of the directive through the laws and practices in the 27 EU Member States.
  • In brief / Factsheet
    25
    January
    2012
    The Racial Equality Directive (2000/43/EC), adopted in 2000, has made important changes to the way that racial discrimination is combated in the European Union. Only a handful of EU Member States already had detailed laws and mechanisms to prohibit racial discrimination before the directive was adopted; the vast majority have had to make significant
    improvements to comply with the directive.
  • In brief / Factsheet
    28
    October
    2011
    In 2011—2012, the European Union Agency for Fundamental Rights (FRA) will conduct an EU-wide survey on violence against women. This is the first survey of its kind to randomly sample and interview 40,000 women across the 27 EU Member States and Croatia. It will therefore furnish the robust, comparable data that policy makers need to shape informed, targeted policies to combat such violence.
  • Report / Paper / Summary
    25
    October
    2011
    This report is the second publication from the legal study carried out in the context of the European Union Agency for Fundamental Rights' (FRA) project on the ‘Fundamental rights of persons with intellectual disabilities and persons with mental health problems'.
  • Report / Paper / Summary
    29
    September
    2011
    This report examines what the Treaty of Lisbon means for the protection of minorities, and the policies the EU has recently adopted in this field. It provides evidence of the still persistent phenomenon of discrimination found in many areas of life, including employment, housing, healthcare and education.
  • Leaflet / Flyer
    13
    September
    2011
    Under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), people with disabilities are no longer being considered as being unable to play an active role in society. Instead of people with disabilities being viewed as the problems, the barriers they face are clearly recognised as being the source of the problem.
  • Leaflet / Flyer
    13
    September
    2011
    This poster introduces the work of the FRA disability project.
  • In brief / Factsheet
    7
    August
    2011
    This factsheet looks at some of the rights guaranteed by the United Nations (UN) human rights convention, namely the Convention on the Rights of Persons with Disabilities (CRPD).
  • Report / Paper / Summary
    21
    July
    2011
    The 2003-2008 update on the exclusion and discrimination of migrants, minorities and employment in the 27 EU Member States provides a comparative overview and analysis of data and information documenting discrimination in the workplaces and labour markets across the European Union.
  • Report / Paper / Summary
    23
    June
    2011
    The European Union (EU) is founded on the values of equality and non-discrimination, and through its policies works to combat discrimination, including discrimination based on sexual orientation or gender identity. This report of the European Union Agency for Fundamental Rights (FRA) twins its research findings in the field with the relevant EU standards in a short and easy-to-read publication designed to equip those who shape policy with the information they need to develop a coherent and systematic approach to the protection of lesbian, gay, bisexual and transsexual (LGBT) rights.