eu-charter

Listina Evropske unije o temeljnih pravicah

Člen 2 - Pravica do življenja

Člen 2 - Pravica do življenja

1. Vsakdo ima pravico do življenja.

2. Nihče ne sme biti obsojen na smrtno kazen ali usmrčen.

Pojasnila

  • Text:

    1. Odstavek 1 tega člena temelji na prvem stavku prvega odstavka 2. člena Evropske konvencije o varstvu človekovih pravic in temeljnih svoboščin (EKČP), ki se glasi:
    `1. Pravica vsakogar do življenja je zavarovana z zakonom ...`
    2. Drugi stavek te določbe, ki se nanaša na smrtno kazen, je izgubil pomen z začetkom veljavnosti Protokola št. 6 k EKČP, katerega 1. člen se glasi:
    `Smrtna kazen se odpravi. Nihče ne sme biti obsojen na takšno kazen ali usmrčen.`
    Odstavek 2 člena 2 Listine temelji na tej določbi.
    3. Določbi člena 2 Listine ustrezata tistim iz zgornjih členov EKČP in njenega dodatnega protokola. V skladu s členom 52(3) Listine imata enak pomen in področje uporabe. Zato je na `negativne` opredelitve v EKČP prav tako treba gledati kot na sestavni del Listine:
    (a) drugi odstavek 2. člena EKČP:
    `Kot kršitev tega člena se ne šteje odvzem življenja, če je posledica uporabe nujno potrebne sile:
    (a) pri obrambi katerekoli osebe pred nezakonitim nasiljem,
    (b) pri zakonitem odvzemu prostosti ali pri preprečitvi bega osebi, ki ji je zakonito odvzeta prostost,
    (c) pri zakonitem dejanju, ki ima namen zadušiti upor ali vstajo.`
    (b) 2. člen Protokola št. 6 k EKČP:
    `Država lahko določi v svoji zakonodaji smrtno kazen za dejanja, storjena med vojno ali ob neposredni vojni nevarnosti; takšna kazen se sme uporabiti le v primerih, ki so določeni v zakonu in v skladu z določbami zakona ...`

    Source:
    Uradni list Evropske unije C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    V nadaljevanju navedena pojasnila so bila prvotno pripravljena pod vodstvom predsedstva Konvencije, ki je sestavilo Listino Evropske unije o temeljnih pravicah. Ta pojasnila so bila posodobljena pod vodstvom predsedstva Evropske konvencije zaradi prilagoditve besedila Listine s strani omenjene konvencije (zlasti členov 51 in 52) in nadaljnjega razvoja prava Unije. Čeprav sama nimajo pravne veljave, so dragocena pomoč pri razlagi in pojasnjevanju določb Listine.

Sodna praksa

Nacionalnem ustavnem pravu

41 results found

  • Sweden / Instrument of Government
    Država:
    Sweden

    Chapter 2 - Fundamental rights and freedoms:

    Article 4 There shall be no capital punishment.

  • Basic Law for the Federal Republic of Germany
    Država:
    Germany

    Article 2 (...) (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 102 Capital punishment is abolished.

  • Bundes-Verfassungsgesetz (B-VG)
    Država:
    Austria

    Artikel 85 Die Todesstrafe ist abgeschafft.

  • Constituição da República Portuguesa
    Država:
    Portugal

    Artigo 24.º (Direito à vida) 1. A vida humana é inviolável. 2. Em caso algum haverá pena de morte.

  • Constitution
    Država:
    France

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

  • Constitution
    Država:
    France

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

  • Constitution of Finland
    Država:
    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 Ireland
    Država:
    Ireland

    Article 40.3.2.The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen. Article 40.3.3. The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right. This subsection shall not limit freedom to travel between the State and another state. This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

  • Constitution of Malta
    Država:
    Malta

    Article 331) No person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence under the law of Malta of which he has been convicted.(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case -- (a) for the defence of any person from violence or for the defence of property; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) for the purpose of suppressing a riot, insurrection or mutiny; or (d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.

  • Constitution of the Hellenic Republic
    Država:
    Greece

    Article 5 (2) All persons living within the Greek territory shall enjoy full protection of their life, honour and liberty irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided by international law. Aliens persecuted for acts carried out in defence of their freedom shall not be extradited.(...); Article 7( 3). [...] The death penalty shall not be imposed, except in the cases provided by law for felonies perpetrated in time of war and related thereto [...]

  • Constitution of the Italian Republic
    Država:
    Italy

    Art. 27. (...) Death penalty is prohibited

  • Constitution of the Portuguese Republic
    Država:
    Portugal

    Article 24 (Right to life) (1) Human life is inviolable. (2) In no case shall there be the death penalty.

  • Constitution of the Republic of Austria
    Država:
    Austria

    Article 85 Capital punishment is abolished.

  • Constitution of the Republic of Bulgaria
    Država:
    Bulgaria

     Article 28 Everyone shall have the right to life. Any attempt upon a human life shall be punished as a most severe crime.

  • Constitution of the Republic of Estonia
    Država:
    Estonia

    Article 16. Everyone has the right to life. The right to life is protected by the law. No one may be arbitrarily deprived of his or her life.

  • Constitution of the Republic of Latvia
    Država:
    Latvia

    93. The right to life of everyone shall be protected by law.

  • Constitution of the Republic of Lithuania
    Država:
    Lithuania

    Article 19. The right to life of a human being shall be protected by law.

  • Constitution of the Republic of Poland
    Država:
    Poland

    Article 38 The Republic of Poland shall ensure the legal protection of the life of every human being.

  • Costituzione della Repubblica Italiana
    Država:
    Italy

    Art. 27. (...) Non è ammessa la pena di morte.

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

    Article 6 (1) Everyone has the right to life. Human life is worthy of protection even before birth. (2) Nobody may be deprived of her life. (3) The death penalty is prohibited. (4) Deprivation of life is not inflicted in contravention of this Article if it occurs in connection with conduct which is not criminal under the law.

Pravo EU

5 results found

  • 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.

  • 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

    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

    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 (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA

    Preamble:
    ‘(1) The Union is founded on the universal values of human dignity, freedom, equality and solidarity, and respect for human rights and fundamental freedoms. It is based on the principles of democracy and the rule of law, which are common to the Member States.’
    ‘(2) Acts of terrorism constitute one of the most serious violations of the universal values of human dignity, freedom, equality and solidarity, and enjoyment of human rights and fundamental freedoms on which the Union is founded. They also represent one of the most serious attacks on democracy and the rule of law, principles which are common to the Member States and on which the Union is based. [...]’
    Article 25 - Protection of victims of terrorism
    ‘Member States shall ensure that measures are available to protect victims of terrorism and their family members, in accordance with Directive 2012/29/EU. When determining whether and to what extent they should benefit from protection measures in the course of criminal proceedings, particular attention shall be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims of terrorism, including during questioning and when testifying.’

  • Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA

    Preamble:

    (14) In applying this Directive, children's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child adopted on 20 November 1989. Child victims should be considered and treated as the full bearers of rights set out in this Directive and should be entitled to exercise those rights in a manner that takes into account their capacity to form their own views.
    (16) Victims of terrorism have suffered attacks that are intended ultimately to harm society. They may therefore need special attention, support and protection due to the particular nature of the crime that has been committed against them. Victims of terrorism can be under significant public scrutiny and often need social recognition and respectful treatment by society. Member States should therefore take particular account of the needs of victims of terrorism, and should seek to protect their dignity and security.’
    ‘(38) [...] A main task of these services and their staff, which play an important role in supporting the victim to recover from and overcome potential harm or trauma as a result of a criminal offence, should be to inform victims about the rights set out in this Directive so that they can take decisions in a supportive environment that treats them with dignity, respect and sensitivity. The types of support that such specialist support services should offer could include providing shelter and safe accommodation, immediate medical support, referral to medical and forensic examination for evidence in cases of rape or sexual assault, short and long-term psychological counselling, trauma care, legal advice, advocacy and specific services for children as direct or indirect victims.’
    ‘(52) Measures should be available to protect the safety and dignity of victims and their family members from secondary and repeat victimisation, from intimidation and from retaliation, such as interim injunctions or protection or restraining orders.’

    (66) This Directive respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, it seeks to promote the right to dignity, life, physical and mental integrity, liberty and security, respect for private and family life, the right to property, the principle of non-discrimination, the principle of equality between women and men, the rights of the child, the elderly and persons with disabilities, and the right to a fair trial.

    Article 18 - Right to protection
    ‘Without prejudice to the rights of the defence, Member States shall ensure that measures are available to protect victims and their family members from secondary and repeat victimisation, from intimidation and from retaliation, including against the risk of emotional or psychological harm, and to protect the dignity of victims during questioning and when testifying. When necessary, such measures shall also include procedures established under national law for the physical protection of victims and their family members.’

Mednarodno pravo

10 results found

  • Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances

    Article 1 – Abolition of the death penalty

    The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

  • Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty

    Article 1 – Abolition of the death penalty

    The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.

  • Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

    Adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989

  • International Covenant on Civil and Political Rights

    Article 6

    ... 

    2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

    ...

  • Convention on the Rights of the Child

    Article 6

    1. States Parties recognize that every child has the inherent right to life. 2

    . States Parties shall ensure to the maximum extent possible the survival and development of the child.

  • International Covenant on Economic, Social and Cultural Rights

    Article 10

    The States Parties to the present Covenant recognize that:

    1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

    2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

    3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

  • International Covenant on Civil and Political Rights

    Article 6

    1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

    2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

    3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

    4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

    5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

    6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

  • Parliamentary Assembly of the Council of Europe (PACE) Resolution 2229 (2018) on International obligations of Council of Europe member States to protect life at sea

    Resolution 2229 (2018) - International obligations of Council of Europe member States to protect life at sea

  • UN Human Rights Committee General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life

    General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life

    (adopted by the Committee at its 124th session (8 October to 2 November 2018).

     

  • ECHR provisions of article 2 and Protocols 6 and 13

    ECHR provisions of article 2 and Protocols 6 and 13 have been incorporated into UK law by the Human Rights Act 1998.

Gradivo

  • Periodic updates / Series
    1
    July
    2024
    The EU Agency for Fundamental Rights regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties in disembarking migrants in safe ports. This paper provides an overview of criminal investigations and other legal proceedings initiated by European Union (EU) Member States against civil society organisations deploying search and rescue vessels and aircraft in the Mediterranean and/or against individual crew members. The latest update covers the period from 2018 up until the end of May 2024.
  • In brief / Factsheet
    18
    June
    2024
    This factsheet focuses on the European arrest warrant and EU Member States obligations to respect fundamental rights. EU law and the European Convention on Human Rights sometimes overlap. The publication clarifies where there are similar principles in different legislation and provides examples of case law. In collaboration, the EU Agency for Fundamental Rights and the European Court of Human Rights produced this short publication. It is designed to aid lawyers and policymakers in understanding and applying the jurisprudence in this area.
  • Fundamental Rights Report
    5
    June
    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
    14
    May
    2024
    FRA’s third LGBTIQ survey shows that people still experience hate-motivated violence and discrimination. Trans and intersex people face even greater victimisation. Yet, signs of progress show that the EU’s and Member States’ efforts can positively affect people’s lives. More LGBTIQ people are open about their sexual orientation, gender identity, gender expression and sex characteristics.
  • Report / Paper / Summary
    12
    December
    2023
    Russia’s invasion of Ukraine forced millions of people to flee. Arriving in EU countries, they received protection in EU law under the Temporary Protection Directive. Many have begun to build a new life in their host country and enrich our societies in new ways. Local authorities took the lead in ensuring access to fundamental rights under temporary protection. This report explores the measures to ensure access to housing, education, employment and healthcare in 26 cities and regional authorities across 12 EU Member States. Despite unprecedented coordination and cooperation to overcome challenges, many uncertainties remain. Longer-term solutions will be needed after the directive expires in March 2025. Based on the information collected, the report identifies 12 priority actions and builds on FRA’s bulletins and survey findings on experiences of people displaced from Ukraine.
  • Report / Paper / Summary
    31
    October
    2023
    Fundamental rights are an important consideration in European border management. Virtually all activities can have an impact on rights – from risk analysis to training, border checks and border surveillance. Safeguards in laws regulating European border management aim to protect rights. This report is a contribution to the first review of the European Border and Coast Guard Regulation (EU) 2019/1896 that offers an opportunity to reflect on how best to improve the fundamental rights situation at the external borders of the EU.
  • Periodic updates / Series
    11
    October
    2023
    Since October 2018, FRA has been publishing regular updates on NGO ships involved in search and rescue (SAR) operations in the Mediterranean, and the status of legal proceedings against them. This latest update covers until the end of June 2023.
    FRA
  • Report / Paper / Summary
    8
    December
    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
    October
    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.
  • Periodic updates / Series
    20
    June
    2022
    The EU Agency for Fundamental Rights (FRA) regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as on any difficulties in disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 15 June 2022 about 842 people died or went missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution, or to pursue a better life. This is an average of five people per day.
    FRA 2022