Freedoms in the Charter of Fundamental Rights of the

European Union

Maksimas Kozlineris, 2014maksimas.kozlineris@yahoo.com

„FREEDOM is the right to do everything that does not

harm other people”Matthias Claudius, (1740-1815) – german writer

Freedoms:

•Right to liberty and security; •Freedom of thought, conscience and religion; •Right to education; •Freedom to choose an occupation;•Right to engage in work;• and others

In what way rights are similar to freedoms? How do they differ?

• RIGHT – it is the limit of the possible human behaviour – it indicates how each of us may behave, what may we do, what behaviour is acceptable (Right to engage in work, education)

• FREEDOM - means a way of behaving, a possibility to act and live according to one’s decision and choice (freedom to choose an occupation)

Freedom is understood almost the same as Right

In order to avoid chaos, self-will and for everybody to understand their Rights and freedoms equally, they

are consolidated in international documents: treaties, declarations, conventions, constitutions, etc.

These documents also foresee limitations of these rights and freedoms and prohibition to violate

freedoms and rights of other people.

• If we talk about rights – there usualy is a a subject (organization, institution, state) which has to guarantee these rights (to ensure their protection)

E.g. If we talk about right to health care – this kind of right is guaranteed by medical institution. (indirectly it can be guaranteed by the state, but the right is ensured by the medical institution).

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• Talking about freedoms – they cannot be violated or limited in other way than it is provided by law. In this case the subject is not indicated, because everyone can be a transgressor.

E.g. If constitution provides Freedom of religion it means that a human being has the right to ask for the protection of the state from anyone who prevents him from manifesting his religion freely.

Charter of Fundamental Rights of the European Union

• For the first time in the history of EU all civil, political, economical and social rights of the citizens of EU and all people living in the territory of EU are described. (2000-12-07/ 2009-12-01)*

* (second date – coming into force)

Today it is one of the most important and relevant international documents

Prepared and for the first time introduced 2000 December 7 in Nice (France). Was not obligatory

for countries.

Since 2009 December 1 Lisbon Treaty entered into force and the Charter became obligatory

document for all countries of the EU

• The Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity;..

• The peoples of Europe, ...<..> , are resolved to share a peaceful future based on common values.

• ..the Charter reaffirms the rights as they result from the constitutional traditions and international obligations common to the Member States…

The Union therefore recognizes the rights, freedoms and principles…

FREEDOMS• Article 6. Right to liberty and securityEveryone has the right to liberty and security of person.• Article 7. Respect for private and family lifeEveryone has the right for his or her private and family life, home and

communications• Article 8. Protection of personal data• (Everyone has the right to the protection of personal data concerning him or her.

Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. Compliance with these rules shall be subject to control by an independent authority)

• Article 9. Right to marry and right to found a family. • The right to marry and the right to found a family shall be guaranteed in

accordance with the national laws governing the exercise of these rights.

„They that would give up essential Liberty to purchase a little temporary Safety, deserve neither

Liberty nor Safety – B. Franklin. (famous USA politician, writer, scientist, businessman, one of authors of USA Constitution)

• Every person has the right to liberty and security. The state seeks to keep balance of security and freedom. Therefore it is necessary to ensure safety but also to leave enough space for free choices of human beings.

SAUGUMAS

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• It is not always necessary to raise the level of security in order for us to feel more safe, because it influences freedom of human beings in the other way (it decreases)

The more we are trying to stay safe, the less freedom we experience, so it is necessary to have place for freedoms, independence and right to privacy and

also for protection and security.

• Article 10. Freedom of thought, conscience and religionEveryone has the right to freedom of thought, conscience and religion. Freedom to change religion or belief and freedom, either alone or in

community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance. The right to conscientious objection is recognized, in accordance with the national laws governing the exercise of this right.

• Article 11. Freedom of expression and informationEveryone has the right to freedom of expression. (Freedom to hold opinions

and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The freedom and pluralism of media shall be respected).

• Article 12. Freedom of assembly and of associationEveryone has the right to freedom of peaceful assembly and to freedom of

association at all levels, in particular in political, trade union, and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.

• Freedom of thought – it is freedom from any ideological control, from the opinion and influence from others. A human being can decide how to think, in what to believe, what spiritual values to acknowledge. It is limited only as much as necessary to protect other people.

• Freedom of conscience – it is a person’s right to choose a certain value, to make it his own goal and to act according to it. A person has the right to choose his worldview and to live according to it.

• Freedom of religion – it is a choice, practicing of the belief, which is one of the values. It is a possibility for a person to believe in what he believes and to manifest it alone or in community.

For all the freedoms the law provides limitations. They are necessary in order not to prevent other people from using their freedoms and to protect others from the violation of their rights and freedoms. While we all live in a community, we have to respect not only our

choices but also those of others.

• Article 13. Freedom of the arts and sciencesThe arts and scientific research shall be free of constraint. Academic freedom shall be

respectedArticle 14. Right to educationEveryone has the right to education and to have access to vocational and continuing

training. This right includes the possibility to receive free compulsory education. The freedom to found educational establishments with due respect to democratic

principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical an pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

• Article 15. Freedom to choose an occupation and right to engage in work1. Everyone has the right to engage in work and to pursue a freely chosen or

accepted occupation.2. Every citizen of the Union has the freedom to seek employment, to work, to

exercise the right establishment and to provide services in any Member State. 3. Nationals of third countries who are authorised to work in the territories of the

Member States are entitled to working conditions equivalent to those of citizens of the Union.

• Freedom to education – These are rights and freedoms to receive free compulsory education, freedom of accessibility to education (for everyone), right (freedom) for parents to choose a form of education for their child, academic freedom, freedom to establish educational establishments, etc.

FREEDOM TO EDUCATION- One of the most important cultural rights.

WHY DO WE NEED SUCH A RIGHT?

• To value ourselves and others• To know, recognize and respect human rights in everyday life• To understand our fundamental rights and to be able to express

them• To value and respect differences (among people, cultures…)• To gain wisdom to solve conflicts without violence and to respect

rights of other people• To encourage children’s confidence that they could defend

themselves and others while protecting the rights of themselves and others

Freedom to choose an occupation and right to engage in work

Every person has the right to get education in the chosen field, but later he has to choose an occupation in order to lead normal life.

•Member States fulfil this right. In order to facilitate free movement of people, to abolish obstacles to work in the chosen field, to provide services, there are all conditions created to choose and work on equal rights. In this way there is a possibility to work in a chosen field even if such kind of occupation does not exist in the State where a person lives.

• Article 16. Freedom to conduct a businessThe Freedom to conduct a business in accordance with Community law and

national laws and practices is recognized.• Article 17. Right to propertyEveryone has the right to own, use, dispose of and bequeath his or her

lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

• Article 18. Right to asylumThe right to asylum shall be guaranteed with due respect for the rules of the

Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community.

• Article 19. Protection in the event of removal, expulsion or extradition1. Collective expulsions are prohibited.2. No one may be removed, expelled or extradited to a State where there is

a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

These rights and freedoms are defined In the Charter of Fundamental Rights of the

European Union (Chapter II: FREEDOMS)

And they are fundamental rules, norms, which must be obeyed by all Member States of the

European Union (28 states) in order to secure rights and freedoms of Human beings.