Human Rights Protection

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Introduction

Human rights protection is one of the most important and most discussed topics in the present. It´s very difficult to define what are human rights and freedoms. When you ask ten people, they will probably give you ten answers. But there is also important to define the human. Human is every human being - every men, women, child and they have got human rights from his conception to his death. We know many kinds of rights, but only human rights are applied on absolutely everyone whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination.[1]

At the beginning, only a few lucky people had any rights, and through the history of human being there were many documents and declarations trying to define and protect human rights. They were often violated very cruel and one of the best known events were World War I. and II. And then comes formed the United Nations and under the supervision of Eleanor Roosevelt was created Universal Declaration of Human Rights (1948) that applies to everyone and Convention for the Protection of Human Rights and Fundamental Freedoms (1950) signed by members of the Council of Europe. Human rights protection is anchored in many documents and the first formal EU document to combine in a single text the whole range of civil, political, economic and social rights and certain “ third generation” rights such as the right to good administration or the right to a clean environment is The Charter of Fundamental Rights of the European Union (2010).[2]

Human rights and freedoms

To understand the meaning of human rights is good to explain the "Generations" of human rights because it helps to comprehend the nature and scope of the of human rights.

➢ The first generation - of civil and political rights - deal with liberty and participation in political life – right to life, right to personal liberty, right to jury trial, … ➢ Second generation - socio-economic human rights. These economic, social, and cultural rights guarantee equal conditions and treatment – right to work, right to health protection, right to education, … ➢ Third generation - rights of solidarity – oversteps framework of first and second generation. Collective-development rights of peoples and groups held against their respective states – right to peace, right to a favorable environment, freedom of movement and residence, …

Charter of Fundamental Rights of the European Union

Human rights are one of the basic values of EU. They are anchored in EU founding treaty and Charter of Fundamental Rights of the European Union and strengthen them. This Charter was proclaimed at the European Council at Nice in December 2000. The Charter formed part of the European Constitution, issued in 2004, however, after negative referendums in France and Holland the Constitution did not became legally binding. With the coming into force of the Treaty of Lisbon (Lisbon Treaty) in December 2009, the Charter has become directly enforceable by the EU and national courts. There is no direct incorporation of the Charter in the Lisbon Treaty but the Charter is given the same legal status. [3]

The Charter consists of Preamble and 54 articles divided into 7 chapters: Dignity, Freedoms, Equality, Solidarity, Nationality, Equity and General provisions.

Article 6 (ex Article 6 TEU)
1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the...
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