Brussels, 31/07/2000 (Agence Europe) - The complete text of the draft Charter of Fundamental Rights of the European Union has been sent to the members of the Convention who are drawing it up, and who have until 11 September to address their comments to the chairman, Roman Herzog. (On the Convention's work, see EUROPE of 20 July, p.3).
The text contains a preamble which stresses that "enjoyment of these rights means responsibilities and duties towards both the other and the human community, as well as future generations". Then there are six chapters on: (1) dignity, with an article on the right to the integrity of the human being, which does not provide for a general ban on human cloning, as some had wanted, but only a ban on the reproductive cloning of human beings; (2) liberties, which, notably, mentions the right to the secrecy of one's communications and the protection of data of a personal nature. An important place is given to the freedom of thought, conscience and religion, as well as to the freedom of expression and information. An article expressly provides for political parties at European level contributing to the expression of the political will of Union citizens. Another provides for "scientific research being free"; (3) equality, with importance given to a ban on discrimination, to gender equality and to children's rights; (4) solidarity, chapter that covers economic and social rights. It provides, notably, for "employers and employees having the right to negotiate collective conventions and, in case of conflict of interests, recourse to collective actions to defend their interests, under the conditions provided for by Community law and national legislation and practices". The Union must also respect access to services of a general interest, as is provided for by national legislation and practices. Other provisions relate to access to health, social security and education, but stresses the need to respect the national laws of Member States; (5) citizenship, with a reminder of the rights provided for in the EU Treaty and specific articles concerning the right to sound administration and access to the documents of EU institutions; (6) justice, with a reminder of the provisions of the European Convention on Human Rights (ECHR), notably regarding the right to a fair trial. The general provisions recall that the rights set out in the Charter may not alter the competencies of the Union and that they are imposed on Member States only in the implementation of Community law. The Charter only takes precedence over the ECHR when it guarantees a greater of more extended protection. The drat Charter may be found on the Council's Internet site at the following address: http: //ue.eu.int. It will be published in a forthcoming issue of our EUROPE/Documents series.
The General Secretary of the European Trade Union Confederation, Emilio Gabaglio, said on Monday that he was disappointed with the content of the draft Charter regarding economic and social rights. EUROPE will return to his comments tomorrow.