eu-charter

Carta dos Direitos Fundamentais da UE

EU Charter and Charter resources
Previous title

Título I

Dignidade

Next title
Previous article

Artigo 4.o- Proibição da tortura e dos tratos ou penas desumanos ou degradantes

Next article

Artigo 4.o- Proibição da tortura e dos tratos ou penas desumanos ou degradantes

Ninguém pode ser submetido a tortura, nem a tratos ou penas desumanos ou degradantes.

CHARTERPEDIA RESOURCES

Anotações

  • Text:

    O direito consagrado no artigo 4.o é o direito garantido pelo artigo 3.o, de igual teor, da CEDH: `Ninguém pode ser submetido a torturas, nem a penas ou tratamentos desumanos ou degradantes.` Em aplicação do n.o 3 do artigo 52.o da Carta, tem por conseguinte um sentido e um âmbito iguais aos daquele artigo.

    Source:
    Jornal Oficial da União Europeia C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    As presentes anotações, inicialmente elaboradas sob a responsabilidade do Praesidium da Convenção que redigiu a Carta dos Direitos Fundamentais da União Europeia, foram actualizadas sob a responsabilidade do Praesidium da Convenção Europeia, à luz das adaptações ao texto (nomeadamente aos artigos 51.o e 52.o) da Carta introduzidas pela Convenção Europeia e da evolução do direito da União. Embora não tenham em si força de lei, constituem um valioso instrumento de interpretação destinado a clarificar as disposições da Carta.

Jurisprudência

Direitos constitucionais nacionais

34 results found

  • Constitution of the Italian Republic
    URL:
    Constitution of the Italian Republic
    País:
    Italy

    Art. 13 (...) Any act of physical and moral violence against a person subjected to restriction of personal liberty shall be punished. (...) Art. 27. Criminal responsibility is personal. A defendant shall be considered not guilty until a final sentence has been passed. Punishments may not be inhuman and shall aim at re-educating the convicted. (...)

  • Sweden / Instrument of Government
    URL:
    Kungörelse (1974:152) om beslutad ny regeringsform
    País:
    Sweden

    Chapter 2 - Fundamental Rights and Freedoms:

    Article 5 Everyone shall be protected against corporal punishment. No one may be subjected to torture or medical intervention with the purpose of extorting or suppressing statements.

  • Basic Law for the Federal Republic of Germany
    URL:
    Basic Law for the Federal Republic of Germany
    País:
    Germany

    Article 2 (1) Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law. (2) Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights may be interfered with only pursuant to a law. Article 104 (1) Liberty of the person may be restricted only pursuant to a formal law and only in compliance with the procedures prescribed therein. Persons in custody may not be subjected to mental or physical mistreatment. (...)

  • Constitution
    URL:
    Constitution
    País:
    France

    Article 66-1 Nul ne peut être condamné à la peine de mort.

  • Constitution
    URL:
    Constitution
    País:
    France

    Article 66-1 No one shall be sentenced to death.

  • Constitution of Finland
    URL:
    Constitution of Finland
    País:
    Finland

    Section 7 Right to life, personal liberty and integrity Everyone has the right to life, personal liberty, integrity and security. No one shall be sentenced to death, tortured or otherwise treated in a manner violating human dignity. (...) Section 9 Freedom of movement (...) The right of foreigners to enter Finland and to remain in the country is regulated by an Act. A foreigner shall not be deported, extradited or returned to another country, if in consequence he or she is in danger of a death sentence, torture or other treatment violating human dignity.

  • Constitution of Malta
    URL:
    Constitution of Malta
    País:
    Malta

    Article 36 (1) No person shall be subjected to inhuman or degrading punishment or treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Malta immediately before the appointed day. (3) (a) No law shall provide for the imposition of collective punishments. (b) Nothing in this subsection shall preclude the imposition of collective punishments upon the members of a disciplined force in accordance with the law regulating the discipline of that force. 

  • Constitution of the Hellenic Republic
    URL:
    Constitution of the Hellenic Republic
    País:
    Greece

    Article 7 (2). Torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offence against human dignity are prohibited and punished as provided by law. [...]

  • Constitution of the Republic of Bulgaria
    URL:
    Constitution of the Republic of Bulgaria
    País:
    Bulgaria

    Art. 29. (1) No one shall be subjected to torture or to cruel, inhuman or degrading treatment, or to forcible assimilation. [...]

  • Constitution of the Republic of Estonia
    URL:
    Constitution of the Republic of Estonia
    País:
    Estonia

    Article 18. No one may be subjected to torture or to cruel or degrading treatment or punishment. (...)

  • Constitution of the Republic of Latvia
    URL:
    Constitution of the Republic of Latvia
    País:
    Latvia

    95. The State shall protect human honour and dignity. Torture or other cruel or degrading treatment of human beings is prohibited. No one shall be subjected to inhuman or degrading punishment. (…)

  • Constitution of the Republic of Lithuania
    URL:
    Constitution of the Republic of Lithuania
    País:
    Lithuania

    Article 21. (...) It shall be prohibited to torture or injure a human being, degrade his dignity, subject him to cruel treatment, or to establish such punishments. (...)

  • Constitution of the Republic of Poland
    URL:
    Constitution of the Republic of Poland
    País:
    Poland

    Article 40 No one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment. The application of corporal punishment shall be prohibited.

  • Costituzione della Repubblica Italiana
    URL:
    Costituzione della Repubblica Italiana
    País:
    Italy

     Art. 13. (...) E' punita ogni violenza fisica e morale sulle persone comunque sottoposte a restrizioni di libertà. (...)Art. 27. La responsabilità penale è personale.L'imputato non è considerato colpevole sino alla condanna definitiva. Le pene non possono consistere in trattamenti contrari al senso di umanità e devono tendere alla rieducazione del condannato. (...)

  • Czechia / Charter of Fundamental Rights and Freedoms
    URL:
    Charter of Fundamental Rights and Freedoms
    País:
    Czechia

    Article 7 (1) The inviolability of the person and of her privacy is guaranteed. They may be limited only in cases provided for by law. (2) No one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

  • Eesti Vabariigi Põhiseadus
    URL:
    Eesti Vabariigi Põhiseadus
    País:
    Estonia

    § 18. Kedagi ei tohi piinata, julmalt või väärikust alandavalt kohelda ega karistada.(…)

  • Grundgesetz für die Bundesrepublik Deutschland
    URL:
    Grundgesetz für die Bundesrepublik Deutschland
    País:
    Germany

    Artikel 2 (1) Jeder hat das Recht auf die freie Entfaltung seiner Persönlichkeit, soweit er nicht die Rechte anderer verletzt und nicht gegen die verfassungsmäßige Ordnung oder das Sittengesetz verstößt. (2) Jeder hat das Recht auf Leben und körperliche Unversehrtheit. Die Freiheit der Person ist unverletzlich. In diese Rechte darf nur auf Grund eines Gesetzes eingegriffen werden. Artikel 104 (1) Die Freiheit der Person kann nur auf Grund eines förmlichen Gesetzes und nur unter Beachtung der darin vorgeschriebenen Formen beschränkt werden. Festgehaltene Personen dürfen weder seelisch noch körperlich mißhandelt werden. (...)

  • Konstytucja Rzeczypospolitej Polskiej
    URL:
    Konstytucja Rzeczypospolitej Polskiej
    País:
    Poland

    Art. 40 Nikt nie może być poddany torturom ani okrutnemu, nieludzkiemu lub poniżającemu traktowaniu i karaniu. Zakazuje się stosowania kar cielesnych.

  • Latvijas Republikas Satversme
    URL:
    Latvijas Republikas Satversme
    País:
    Latvia

    95. Valsts aizsargā cilvēka godu un cieņu. Spīdzināšana, citāda cietsirdīga vai cieņu pazemojoša izturēšanās pret cilvēku ir aizliegta. Nevienu nedrīkst pakļaut nežēlīgam vai cilvēka cieņu pazemojošam sodam. (…)

  • Lietuvos Respublikos Konstitucija
    URL:
    Lietuvos Respublikos Konstitucija
    País:
    Lithuania

    21 straipsnis. (...) Draudžiama žmogų kankinti, žaloti, žeminti jo orumą, žiauriai su juo elgtis, taip pat nustatyti tokias bausmes. (…).

Direito da UE

13 results found

  • Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624
    URL:
    Regulation (EU) 2019/1896

    Preamble

    (103) This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 TEU and by the Charter of Fundamental Rights of the European Union (‘the Charter’), in particular respect for human dignity, the right to life, the prohibition of torture and 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 of access to documents, the right to asylum and to protection against removal and expulsion, non-refoulement, non-discrimination and the rights of the child.

    Article 1: Subject matter

    This Regulation establishes a European Border and Coast Guard to ensure European integrated border management at the external borders with a view to managing those borders efficiently in full compliance with fundamental rights and to increasing the efficiency of the Union return policy.

    This Regulation addresses migratory challenges and potential future challenges and threats at the external borders. It ensures a high level of internal security within the Union in full respect of fundamental rights, while safeguarding the free movement of persons within the Union. It contributes to the detection, prevention and combating of cross-border crime at the external borders.

    Article 43: Instructions to the teams

    4.   Members of the teams shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures and human dignity, and shall pay particular attention to vulnerable persons. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on the basis of any grounds such as sex, 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 in line with Article 21 of the Charter.

  • Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
    URL:
    Regulation (EU) 2019/125

    Article 1 Subject matter

    This Regulation lays down Union rules governing trade with third countries in goods that could be used for the purpose of capital punishment or for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, and rules governing the supply of brokering services, technical assistance, training and advertising related to such goods.

    ...

  • Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection
    URL:
    (Reception Conditions Directive)

    Article 25 Victims of torture and violence
    ‘(1) Member States shall ensure that persons who have been subjected to torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.
    (2) Those working with victims of torture, rape or other serious acts of violence shall have had and shall continue to receive appropriate training concerning their needs, and shall be bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.‘

Direito internacional

9 results found

  • Global Compact for Safe, Orderly and Regular Migration
    URL
    Global Compact for Safe, Orderly and Regular Migration

    Resolution adopted by the General Assembly on 19 December 2018

  • European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
    URL
    European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

    Article 1

    There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Committee”). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.

    ...

  • European Convention on Human Rights - Article 3
    URL
    European Convention on Human Rights

    Article 3 – Prohibition of torture

    No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

  • Convention on the Rights of the Child
    URL
    Convention on the Rights of the Child

    Article 37

    States Parties shall ensure that:

    (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

    (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

    (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

    (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

  • Convention on the Rights of Persons with Disabilities - Article 15
    URL
    Convention on the Rights of Persons with Disabilities

    Article 15 – Freedom from torture or cruel, inhuman or degrading treatment or punishment

    1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

    2. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    URL
    Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

    Article 1

    1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

    2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

  • International Covenant on Civil and Political Rights
    URL
    International Covenant on Civil and Political Rights

    Article 7

    No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

  • Human Rights Committee, General Comment No. 35 - Article 9: Liberty and Security of person
    URL
    (Human Rights Committee, General Comment No. 35)

    ‘34. The individual must be brought to appear physically before the judge or other officer authorized by law to exercise judicial power. The physical presence of detainees at the hearing gives the opportunity for inquiry into the treatment that they received in custody and facilitates immediate transfer to a remand detention centre if continued detention is ordered. It thus serves as a safeguard for the right to security of person and the prohibition against torture and cruel, inhuman or degrading treatment. ‘
    ‘58. Several safeguards that are essential for the prevention of torture are also necessary for the protection of persons in any form of detention against arbitrary detention and infringement of personal security. The following examples are non-exhaustive. Detainees should be held only in facilities officially acknowledged as places of detention. A centralized official register should be kept of the names and places of detention, and times of arrival and departure, as well as of the names of persons responsible for their detention, and made readily available and accessible to those concerned, including relatives. Prompt and regular access should be given to independent medical personnel and lawyers and, under appropriate supervision when the legitimate purpose of the detention so requires, to family members. Detainees should be promptly informed of their rights, in a language they understand; providing information leaflets in the appropriate language, including in Braille, may often assist the detainee in retaining the information. Detained foreign nationals should be informed of their right to communicate with their consular authorities, or, in the case of asylum seekers, with the Office of the United Nations High Commissioner for Refugees. Independent and impartial mechanisms should be established for visiting and inspecting all places of detention, including mental-health institutions.‘

  • UN General Assembly Resolution 70/175 (2015) - United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)
    URL
    (the Nelson Mandela Rules)

    Rule 1
    ‘All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.‘
    Rule 32
    ‘1. The relationship between the physician or other health-care professionals and the prisoners shall be governed by the same ethical and professional standards as those applicable to patients in the community, in particular: [...]
    (d) An absolute prohibition on engaging, actively or passively, in acts that may constitute torture or other cruel, inhuman or degrading treatment or punishment, including medical or scientific experimentation that may be detrimental to a prisoner’s health, such as the removal of a prisoner’s cells, body tissues or organs.‘
    Rule 43
    ‘1. In no circumstances may restrictions or disciplinary sanctions amount
    to torture or other cruel, inhuman or degrading treatment or punishment.
    The following practices, in particular, shall be prohibited:
    (a) Indefinite solitary confinement;
    (b) Prolonged solitary confinement;
    (c) Placement of a prisoner in a dark or constantly lit cell;
    (d) Corporal punishment or the reduction of a prisoner’s diet or drinking water;
    (e) Collective punishment.‘

Produtos

  • Report / Paper / Summary
    5
    May
    2015

    Child-friendly justice – perspectives and experiences of professionals – Summary

    Making justice systems more child‑friendly improves
    the protection of children, enhances their meaningful
    participation and at the same time improves
    the operation of justice. The findings in this summary
    can provide Member States with useful tools
    to identify barriers, gaps or weaknesses in their
    judicial proceedings, especially in the process of
    transposing and implementing relevant EU directives. Also available in BG - CS - DA - DE - EL - ES - ET - FI - FR - HR - HU - IT - LV - LT - MT - PL - PT - RO - SK - SK - SV
  • Report / Paper / Summary
    27
    November
    2014

    Fundamental Rights Conference 2014 "Fundamental rights and migration to the EU" : Conference conclusions

    The Conclusions contain suggestions and concerns voiced by participants at the conference, from plenary speakers and panellists through to members of the thematic working groups.
  • Report / Paper / Summary
    10
    November
    2014

    Fundamental rights at land borders: findings from selected European Union border crossing points

    Together with two FRA sister reports on the
    EU’s air and southern sea borders, this report’s findings serve to inform EU and Member State practitioners and
    policy makers of fundamental rights challenges that can emerge at land borders. Increased awareness should
    also help to create a shared understanding among border guards of what fundamental obligations mean for
    their daily work, ultimately enhancing fundamental rights compliance at the EU’s external borders.
  • Report / Paper / Summary
    10
    November
    2014

    Fundamental rights at airports: border checks at five international airports in the European Union

    The report examines the procedures for and conduct of checks that border guards carry out on third-country national passengers entering European Union (EU) territory at five international airports.
    ©Frontex
  • Report / Paper / Summary
    27
    October
    2014

    Fundamental rights at airports: border checks at five international airports in the European Union Summary

    This summary, and the related full report, look at how fundamental rights obligations
    translate into practical border management tasks.
    The report points out challenges as well as promising practices of integrating fundamental
    rights compliance into operational tasks that do not compromise but instead enhance the
    effectiveness of border checks.
  • In brief / Factsheet
    5
    March
    2014

    Violência contra as mulheres: um inquérito à escala da União Europeia

    A presente ficha de informação apresenta alguns exemplos dos resultados do inquérito, que são exibidos em conjunto com considerações gerais como possíveis «próximos passos» para dar resposta ao problema da violência contra as mulheres.








    FRA
  • Report / Paper / Summary
    6
    August
    2013

    Fundamental rights at Europe’s southern sea borders - Summary

    This FRA report examines the conditions at Europe’s southern sea borders with respect to the most fundamental rights of a person, the right to life and the right not to be sent back to torture, persecution or inhuman treatment. It looks at sea border surveillance and disembarkation procedures, as well as general issues such as European Union (EU) policy, training and Frontex-coordinated operations, and examines practices across the EU Member States researched – Cyprus, Greece, Italy, Malta and Spain.
  • Report / Paper / Summary
    August
    2013

    EU solidarity and Frontex: fundamental rights challenges

    The majority of irregular arrivals by sea to the European Union (EU) occur in the Mediterranean. Although the phenomenon is not widespread throughout the EU, it affects the EU as a whole. This publication reviews the solidarity measures the EU has established to support those countries most affected by irregular arrivals by sea. It will focus on the fundamental rights challenges raised by such measures but will not discuss whether these measures are sufficient and adequate for genuinely sharing the costs associated with the arrivals. This publication will also touch upon EU funding instruments and intra-EU relocation from Malta and more thoroughly describe the operational cooperation with Frontex.
  • Report / Paper / Summary
    27
    March
    2013

    Fundamental rights at Europe’s southern sea borders

    This FRA report examines the conditions at Europe’s southern sea borders with respect to the most fundamental rights of a person, the right to life and the right not to be sent back to torture, persecution or inhuman treatment. It looks at sea border surveillance and disembarkation procedures, as well as training and Frontex-coordinated operations. It examines practices across the EU Member States researched – Cyprus, Greece, Italy, Malta and Spain.
  • In brief / Factsheet
    7
    June
    2012

    Involuntary placement and involuntary treatment of persons with mental health problems

    Mental health problems are experienced by about one in 10  European Union (EU) citizens. Many seek help voluntarily, but some may be placed in institutions or treated without
    their consent. This might affect their fundamental rights.