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EU Charter of Fundamental Rights
What are fundamental rights ?
What is the EU Charter of Fundamental Rights?
Preamble
Title I: Dignity
1 - Human dignity
2 - Right to life
3 - Right to integrity of the person
4 - Prohibition of torture and inhuman or degrading treatment or punishment
5 - Slavery / Forced Labour
Title II: Freedoms
6 - Right to liberty and security
7 - Respect for private and family life
8 - Protection of personal data
9 - Right to marry and right to found a family
10 - Freedom of thought, conscience and religion
11 - Freedom of expression and information
12 - Freedom of assembly and of association
13 - Freedom of the arts and sciences
14 - Right to education
15 - Freedom to choose an occupation and right to engage in work
16 - Freedom to conduct a business
17 - Right to property
18 - Right to asylum
19 - Protection in the event of removal, expulsion or extradition
Title III: Equality
20 - Equality before the law
21 - Non-discrimination
22 - Cultural, religious and linguistic diversity
23 - Equality between women and men
24 - The rights of the child
25 - The rights of the elderly
26 - Integration of persons with disabilities
Title IV: Solidarity
27 - Workers' right to information and consultation within the undertaking
28 - Right of collective bargaining and action
29 - Right of access to placement services
30 - Protection in the event of unjustified dismissal
31 - Fair and just working conditions
32 - Prohibition of child labour and protection of young people at work
33 - Family and professional life
34 - Social security and social assistance
35 - Health care
36 - Access to services of general economic interest
37 - Environmental protection
38 - Consumer protection
Title V: Citizens' rights
39 - Right to vote and to stand as a candidate at elections to the European Parliament
40 - Right to vote and to stand as a candidate at municipal elections
41 - Right to good administration
42 - Right of access to documents
43 - European Ombudsman
44 - Right to petition
45 - Freedom of movement and of residence
46 - Diplomatic and consular protection
Title VI: Justice
47 - Right to an effective remedy and to a fair trial
48 - Presumption of innocence and right of defence
49 - Principles of legality and proportionality of criminal offences and penalties
50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Title VII: General provisions
51 - Field of application
52 - Scope and interpretation
53 - Level of protection
54 - Abuse of rights
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EU Fundamental Rights Information System - EFRIS
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EU Charter of Fundamental Rights
Inter-governmental human rights systems
National human rights systems and bodies
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EU Charter of Fundamental Rights
EU Charter of Fundamental Rights
What are fundamental rights ?
What is the EU Charter of Fundamental Rights?
Preamble
Title I: Dignity
1 -
Human dignity
2 -
Right to life
3 -
Right to integrity of the person
4 -
Prohibition of torture and inhuman or degrading treatment or punishment
5 -
Slavery / Forced Labour
Title II: Freedoms
6 -
Right to liberty and security
7 -
Respect for private and family life
8 -
Protection of personal data
9 -
Right to marry and right to found a family
10 -
Freedom of thought, conscience and religion
11 -
Freedom of expression and information
12 -
Freedom of assembly and of association
13 -
Freedom of the arts and sciences
14 -
Right to education
15 -
Freedom to choose an occupation and right to engage in work
16 -
Freedom to conduct a business
17 -
Right to property
18 -
Right to asylum
19 -
Protection in the event of removal, expulsion or extradition
Title III: Equality
20 -
Equality before the law
21 -
Non-discrimination
22 -
Cultural, religious and linguistic diversity
23 -
Equality between women and men
24 -
The rights of the child
25 -
The rights of the elderly
26 -
Integration of persons with disabilities
Title IV: Solidarity
27 -
Workers' right to information and consultation within the undertaking
28 -
Right of collective bargaining and action
29 -
Right of access to placement services
30 -
Protection in the event of unjustified dismissal
31 -
Fair and just working conditions
32 -
Prohibition of child labour and protection of young people at work
33 -
Family and professional life
34 -
Social security and social assistance
35 -
Health care
36 -
Access to services of general economic interest
37 -
Environmental protection
38 -
Consumer protection
Title V: Citizens' rights
39 -
Right to vote and to stand as a candidate at elections to the European Parliament
40 -
Right to vote and to stand as a candidate at municipal elections
41 -
Right to good administration
42 -
Right of access to documents
43 -
European Ombudsman
44 -
Right to petition
45 -
Freedom of movement and of residence
46 -
Diplomatic and consular protection
Title VI: Justice
47 -
Right to an effective remedy and to a fair trial
48 -
Presumption of innocence and right of defence
49 -
Principles of legality and proportionality of criminal offences and penalties
50 -
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Title VII: General provisions
51 -
Field of application
52 -
Scope and interpretation
53 -
Level of protection
54 -
Abuse of rights
Tools
Tools
EU Fundamental Rights Information System - EFRIS
Criminal detention database
Anti-Muslim hatred database
Case-law database
Charterpedia
FRA e-learning platform
Data visualisation
Equality data collection: promising practices
Fighting hate crime: promising practices
Products
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Work on rights
Asylum, migration and borders
Access to asylum
Asylum
Access to asylum
Highlights
Periodic updates / Series
30
May
2023
Asylum and migration: Progress achieved and remaining challenges
Over the span of nearly eight years, there have been developments in showing respect for the human rights of those who arrive at the EU’s borders. Russia’s war of aggression against Ukraine has shown how a large and sudden influx of people can be managed effectively and respectfully. Notwithstanding the improvements, the growing number of people crossing or attempting to enter the EU pose a wide range of fundamental rights challenges.
In this bulletin, FRA takes stock of concerns and improvements regarding the fundamental rights of migrants, asylum seekers and refugees. It highlights the EU Member States’ legal and practical responses. It identifies key trends, promising practices, long-standing and emerging patterns, and persistent concerns.
Access all migration updates
Read news item
Periodic updates / Series
4
March
2022
Migration: Key fundamental rights concerns - Bulletin 1 - 2022
The EU Agency for Fundamental Rights has been regularly collecting data on asylum and migration since September 2015. This report focuses on the fundamental rights situation of people arriving in Member States and EU candidate countries particularly affected by migration. It addresses fundamental rights concerns between 1 October and 31 December 2021.
Access 2021 updates
Access all updates
Read news item
Country sheets
20
October
2020
Integrating young refugees in the EU - Country information
The EU Fundamental Rights Agency published in 2019 its report on the ‘Integration of young refugees in the EU’. The report explored the challenges of young people who fled armed conflict or persecution and arrived in the EU in 2015 and 2016. The report is based on 426 interviews with experts working in the area of asylum and integration, as well as 163 interviews with young people, aged 16 to 24, conducted between October 2017 and June 2018 in 15 regions and cities located in six Member States: Austria, France, Germany, Greece, Italy and Sweden. The links on this page provide a summary of the information collected during this period for each country about unaccompanied children turning 18 and the change in people’s legal status once international protection is granted. These two issues had at the time been identified as moments requiring sufficient, consistent and systematic support, particularly from lawyers, social workers and guardians, to ensure successful integration.
Opinion
11
March
2019
Update of the 2016 FRA Opinion on fundamental rights in the hotspots set up in Greece and Italy
In November 2016, FRA formulated 21 individual opinions to address the fundamental rights shortcomings identified in the implementation of the hotspot approach in Greece and Italy. Despite genuine efforts to improve the situation since November 2016, many of the suggestions contained in the 21 opinions FRA formulated at the time remain valid.
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Report / Paper / Summary
Access to asylum
Asylum, migration and borders
Equality, non-discrimination and racism
Sex, sexual orientation and gender
24
March
2017
Current migration situation in the EU: Lesbian, gay, bisexual, transgender and intersex asylum seekers
This report reviews how asylum claims based on sexual
orientation and gender identity are assessed and analyses the existence of
specific reception measures for LGBTI persons.
Opinion
Child protection
Asylum, migration and borders
Access to asylum
Equality, non-discrimination and racism
Children, youth and older people
8
December
2016
FRA Opinion on the impact on children of the proposal for a revised Dublin Regulation
This opinion analyses the effects on children of the proposed recast Dublin Regulation. It covers child-specific rules as well as provisions relating to all asylum applicants that significantly affect children.
Report / Paper / Summary
Borders and information systems
Asylum, migration and borders
Access to asylum
Borders and information systems
Data protection, privacy and new technologies
Borders and information systems
5
December
2016
Scope of the principle of non-refoulement in contemporary border management: evolving areas of law
EU Member States are increasingly involved in border management activities on the high seas, within – or i cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This report aims to encourage fundamental-rights compliant approaches to border management, including by highlighting potential grey areas.
Handbook / Guide / Manual
Borders and information systems
Asylum, migration and borders
Access to asylum
Borders and information systems
Data protection, privacy and new technologies
5
December
2016
Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries
EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This guidance outlines specific suggestions on how to reduce the risk of refoulement in these situations – a practical tool developed with the input of experts during a meeting held in Vienna in March of 2016.
Opinion
Access to asylum
Asylum, migration and borders
Child protection
29
November
2016
FRA Opinion on fundamental rights in the 'hotspots' set up in Greece and Italy
Without being exhaustive, this opinion discusses selected topics which touch certain Charter rights, identifying the challenges and describing measures that could be taken to mitigate the risk of actions, which are not compliant with the Charter. It does not focus exclusively on risks arising in direct relation to the involvement of EU actors on the ground, but also takes into account that the hotspot approach entails a certain share of responsibility of the EU for the situation in the hotspots overall.
Fundamental Rights Report
Access to asylum
Asylum, migration and borders
Borders and information systems
Irregular migration, return and immigration detention
Legal migration and integration
29
May
2016
Asylum and migration into the European Union in 2015
This Focus takes a closer look at asylum and migration issues in the European Union (EU) in 2015. It looks at the effectiveness of measures taken or proposed by the EU and its Member States to manage this situation, with particular reference to their fundamental rights compliance.
Opinion
Access to asylum
Asylum, migration and borders
6
April
2016
FRA Opinion concerning an EU common list of safe countries of origin
FRA’s opinions highlight general fundamental rights implications to be considered when applying the safe countries of origin concept. They should be read together with the relevant safeguards the Asylum Procedures Directive establishes. These safeguards provide for minimum guarantees that must also fully apply to applicants originating from countries on the proposed EU common list of safe countries of origin.
Handbook / Guide / Manual
Access to asylum
Asylum, migration and borders
Borders and information systems
Irregular migration, return and immigration detention
Data protection, privacy and new technologies
Borders and information systems
22
October
2015
Fundamental rights implications of the obligation to provide fingerprints for Eurodac
Processing biometric data for immigration, asylum and border management purposes has become common. This focus paper looks at measures authorities can take to enforce the obligation of newly arrived asylum seekers and migrants in an irregular situation to provide fingerprints for inclusion in Eurodac.
Report / Paper / Summary
Access to asylum
Asylum, migration and borders
Irregular migration, return and immigration detention
9
October
2015
Alternatives to detention for asylum seekers and people in return procedures
For asylum and return (i.e. expulsion) procedures to be implemented effectively, people need to be at the disposal of the authorities so that any measure requiring their presence can be taken without delay. To achieve this, EU Member States may decide to hold people in closed facilities. Less intrusive measures, which are usually referred to as alternatives to detention, reduce the risk that deprivation of liberty is resorted to excessively.
Handbook / Guide / Manual
Asylum, migration and borders
Access to asylum
Borders and information systems
Child protection
Irregular migration, return and immigration detention
Legal migration and integration
27
June
2014
Handbook on European law relating to asylum, borders and immigration
** Please note than an updated 2020 edition of this handbook is now available.** The Handbook on European law relating to asylum, borders and immigration is jointly produced by the European Court of Human Rights and the FRA. It examines the relevant law in the field of asylum, borders and immigration stemming from both European systems: the European Union and the Council of Europe. It provides an accessible guide to the various European standards relevant to asylum, borders and immigration.
Download 2020 edition
Report / Paper / Summary
Child protection
Asylum, migration and borders
Access to asylum
Equality, non-discrimination and racism
Children, youth and older people
7
December
2010
Separated, asylum-seeking children in European Union Member States - Summary
The arrival of thousands of separated children in the European Union from third countries poses a serious challenge to EU institutions and Member States, since, according to the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child, they have a duty to care for and protect children. This summary highlights the key findings of the FRA research on separated, asylum-seeking children in EU Member States.
Report / Paper / Summary
Child protection
Asylum, migration and borders
Access to asylum
Equality, non-discrimination and racism
Children, youth and older people
7
December
2010
Separated, asylum-seeking children in European Union Member States
The arrival of thousands of separated children in the European Union from third countries poses a serious challenge to EU institutions and Member States, since, according to the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child, they have a duty to care for and protect children. This report examines the experiences and views of 336 separated, asylum-seeking children and those of 302 adults responsible for their care across 12 EU Member States.
Report / Paper / Summary
Access to asylum
Asylum, migration and borders
Justice, victims’ rights and judicial cooperation
Judicial cooperation and rule of law
13
September
2010
The duty to inform applicants about asylum procedures: The asylum-seeker perspective
A fair asylum procedure is one where applicants know their rights and duties, and where they understand its different stages. The right to be informed at decisive moments of the procedure is an important element of procedural fairness. Drawing on evidence from interviews with almost 900 asylum seekers, this report examines the information that asylum seekers have on the asylum procedure. In particular, it looks at the main source of information for asylum seekers, which type of information they receive, and when and how they receive it.
Report / Paper / Summary
Access to asylum
Asylum, migration and borders
Justice, victims’ rights and judicial cooperation
Judicial cooperation and rule of law
13
September
2010
Access to effective remedies: The asylum-seeker perspective
Drawing on evidence from interviews with almost 900 asylum seekers, this report presents asylum-seeker experiences in submitting an appeal against a negative asylum decision. While documenting good practices, it also highlights several obstacles which make it difficult for asylum applicants to access effective remedies.
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