Fundamental rights

The term ‘fundamental rights’ is used to express the concept of ‘human rights’ within the European Union (EU). These rights which are fundamental to individuals living in the EU are laid down in the EU’s Charter of Fundamental Rights. The charter became legally binding across the EU with the entry into force of the Treaty of Lisbon in December 2009.

The term ‘human rights’ is generally used in international law and refers to rights pertaining to all humans irrespective of their nationality, race, caste, creed, gender, etc. The EU tends to use the term ‘human rights’ in the context of its external relations and development cooperation policies.

The charter applies to the EU institutions, subject to the principle of subsidiarity, and cannot extend the powers and tasks conferred upon them by the treaties. It also applies to EU Member States when they implement EU law.

Many of the rights and freedoms contained in the EU’s charter reflect those already enshrined in the Council of Europe’s European Convention on Human Rights (1950) and Social Charter (1965, and revised in 1996).

The EU’s Fundamental Rights Agency, based in Vienna, Austria, and replacing the European Monitoring Centre on Racism and Xenophobia, was set up in 2007 to safeguard the rights, values and freedoms enshrined in the EU’s Charter.

Article 7 of the Treaty on European Union allows for the possibility of suspending EU membership rights (such as voting rights in the Council) if a country seriously and persistently breaches the principles on which the EU is founded (liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law).