Contents of the Charter

The Charter is divided into 7 chapters, each comprising a number of articles. The 7 chapters are:

  • Dignity
  • Freedoms
  • Equality
  • Solidarity
  • Citizen’s rights
  • Justice
  • General Provisions

Dignity

  • Article 1: Human dignity – everyone has the right to be treated with dignity.
  • Article 2: Right to life – everyone has the right to life, and the death penalty is forbidden.
  • Article 3: Right to integrity of the person – this includes medical consent and the prohibition of certain genetic practices.
  • Article 4: Prohibition of torture and inhuman or degrading treatment or punishment.
  • Article 5: Prohibition of slavery and forced labour – this includes human trafficking.

Freedoms

  • Article 6: Right to liberty and security.
  • Article 7: Respect for private and family life.
  • Article 8: Protection of personal data – data should be processed fairly for specified purposes and on the basis of consent of the person concerned or some other lawful basis.
  • Article 9: Right to marry and right to find a family – guaranteed in accordance with national laws.
  • Article 10: Freedom of thought, conscience and religion – this includes the right to publicly profess a religious belief and the right to change religious beliefs.
  • Article 11: Freedom of expression and information – this includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authorities and regardless of frontiers. The freedom and pluralism of the media shall be respected.
  • Article 12: Freedom of assembly and of association – including the right to join trade unions.
  • Article 13: Freedom of the arts and sciences – this includes academic freedom.
  • Article 14: Right to education – this includes the freedom for parents to have their children taught in accordance with religious (or other) beliefs.
  • Article 15: Freedom to choose an occupation and right to engage in work – non-EU citizens who have the right to work in the EU are entitled to working conditions equivalent to those of EU citizens.
  • Article 16: Freedom to conduct a business, in line with EU and national laws and practices.
  • Article 17: Right to property – property refers to all lawfully acquired possessions, and not just land and/or housing. This includes intellectual property.
  • Article 18: Right to asylum.
  • Article 19: Protection in the event of removal, expulsion or extradition – this includes the prohibition of removing a person to a country where they are at a serious risk of being subjected to the death penalty or torture (or other degrading or inhuman treatment).

Equality

  • Article 20: Equality before the law.
  • Article 21: Non-discrimination – forbids discrimination on grounds of 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.
  • Article 22: Cultural, Religious and linguistic diversity – shall be respected.
  • Article 23: Equality between men and women – this does not prevent positive measures to give advantages to the under-represented sex (in a workplace for example).
  • Article 24: The rights of the child – The child’s best interest must be the primary consideration when a decision is made by a public or private body on behalf of a child. Children have the right to maintain a regular personal relationship with their parents, unless it is not in the child’s best interests to do so.
  • Article 25: The rights of the elderly – to live a life of dignity and independence and to participate in social and cultural life.
  • Article 26: Integration of persons with disabilities.

Solidarity

  • Article 27: Workers’ right to information and consultation within the undertaking – workers (or their representatives) must be consulted in the cases and under the conditions provided for by EU or national law and practices.
  • Article 28: Right of collective bargaining and action – both employers and workers have the right to negotiate and conclude collective agreements, and to take collective action to protect their interests (for example, to take strike action).
  • Article 29: Right of access to placement services – free placement services should be available to assist people to look for work.
  • Article 30: Protection in the event of unjustified dismissal – workers have the right to be protected from being unjustifiably dismissed from employment, in accordance with EU and national law and practices.
  • Article 31: Fair and just working conditions – this includes the right to safe working conditions, a maximum working week, rest periods and to annual leave.
  • Article 32: Prohibition of child labour and protection of young people at work – the minimum age for working cannot be below the minimum age for leaving school except in limited circumstances. Young people admitted to work must have age-appropriate conditions and be protected against economic exploitation and work that may cause them harm.
  • Article 33: Family and professional life – this includes the protection of pregnant workers and parents on maternity or parental leave.
  • Article 34: Social security and social assistance – in accordance with EU and national law and practices.
  • Article 35: Health care – under the conditions established by national law.
  • Article 36: Access to services of general economic interest.
  • Article 37: Environmental protection – policies of the EU should be sustainable.
  • Article 38: Consumer protection.

Citizens’ rights

  • Article 39: Right to vote and to stand as a candidate at elections to the European Parliament.
  • Article 40: Right to vote and to stand as a candidate at municipal elections – in Malta, this means local council elections.
  • Article 41: Right to good administration – the right to have your affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the EU. This includes the right to have a say in any decision that would have a negative effect on you, the right to access your file, and the obligation of the administration to give reasons for its decisions. This also means that EU citizens may write to, and have an answer from, the EU institutions in their language (one of the EU’s official languages).
  • Article 42: Right of access to documents – this refers to documents held by any EU institution. This right applies to both EU citizens and any natural or legal person residing or having its registered office in a Member State.
  • Article 43: Ombudsman – any person or company in the EU can refer cases of maladministration in the institutions or bodies (except for the Court of Justice and the Court of First Instance acting in their judicial role) of the EU to the European Ombudsman.
  • Article 44: Right to petition – any EU citizen or company can petition the European Parliament.
  • Article 45: Freedom of movement and of residence – all EU citizens have the right to move and reside freely in EU Member States. This right may be granted, in accordance with the Treaties, to third country nationals legally resident in a Member State.
  • Article 46: Diplomatic and consular protection – if you are outside the EU in a country that does not have a Maltese embassy or consulate (or an embassy of your EU nationality if you are not Maltese), you are entitled to protection/assistance from another EU Member State’s diplomatic or consular authorities, on the same conditions as the nationals of that Member State.

Justice

  • Article 47: Right to an effective remedy and to a fair trial – everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law, and to be advised, defended and represented. This includes a right to legal aid where you are deemed to lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.
  • Article 48: Presumption of innocence and right of defence – everyone is presumed innocent until proven guilty according to law, and persons charged with a crime shall have the respect for their rights of defence guaranteed.
  • Article 49: Principles of legality and proportionality of criminal offences and penalties – You cannot be punished for an offence that was not an offence at the time it was committed and nor shall a heavier penalty be imposed than that which was applicable at the time the offence was committed. If after the commission of a criminal offence the law provides for a lighter penalty, that penalty shall apply. Punishments should be in proportion to the seriousness of the crime.
  • Article 50: Right not to be tried or punished twice in criminal proceedings for the same criminal offence.

General Provisions

  • Article 51: Scope – The Charter is addressed to the EU institutions and bodies and Member States only when they are implementing EU law.
  • Article 52: Scope of guaranteed rights – Any restriction to the rights and freedoms of the Charter must be provided for in law, proportionate, necessary, and having a genuine objective of general interest.
  • Article 53: Level of protection – The Charter shall not be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised by EU law, international law (including the European Convention on Human Rights) and by the Member States’ constitutions.
  • Article 54: Prohibition of abuse of rights – The Charter does not imply any right to engage in any behaviour aimed at the destruction of the rights and freedoms of the Charter or to limit such rights to a greater extent than is provided in the Charter.

You can access the full text of the Charter here.

Human Rights Directorate
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