friends:
you are in for a treat this day. my next blog post is going to be short, sweet and largely self explanatory. nothing hard about it. i am simply going to set out some chapters from the euro union charter on human rights, let you read them, and point out a very simple feature of it, provided in chapter 52.
but, before that, i want you to know that considerable work goes into winnowing things down to that degree, so i am setting out some notes acquired this afternoon, sweating over the computer.
yes, i read all this bullshit, simply so that i may explain it to you. yeah, yeah, ... , go ahead and promise to put me on your christmas lists. i'll be impressed when the presents start flowing into milton freewater. (oh, yeah, i live here. no, we don't have off broadway. yes, we do have "the electric" as my people say. quaint bastards, ain't we?)
john jay @ 01.09.2010
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the research notes:
a history of the development of the euro union constitution. it is complicated as hell, being the result of many treaties and enactments, and the document cannot said to be very “user friendly,” in that it continually reasserts or readopts provision by reference to previous treaty: it keeps the damn status of the document something of a secret. the following was written before the adoption of the lisbon treaty, but, even so, the complexities of interpretation are still there, because the lisbon treaty contains these damnable incorporations by reference. so, for a pretty good history, up to but not including the lisbon treaty, see http://students.law.umich.edu/mjil/article-pdfs/v26n2-sieberson.pdf . it is a university of michigan school law review article entitled, “worth doing well -- the european union constitution” michigan journal of international law, vol. 26: folio, 04.26.2005, by fulbright visiting professor in international and comparative law, tephen c. sieberson.
[google search page] -- request -- “european union + statutes on “hate speech” search
results page –
http://en.wikipedia.org/wiki/Immigration --- wonderful article, on statistics of immigration.
http://97.74.65.51/readArticle.aspx?ARTID=4680 --- frontpagemagazine --- “europe’s suicide?” by jamie glazov, w. interview by glazov of morten messerschmidt, a member of denmark’s danish people’s party.
http://www.vexen.co.uk/countries/eu.html ---
“the european union: democratic values, the euro, crises and migration” by vexen crabree, 19 may 2008 (written before the adoption of the charter on universal rights, w/ the treaty of lisbon ratification.)
7. EU Immigration and Internal Migration
7.1. Free Migration is Beneficial and Increasingly Essential
“With an ageing society and relatively low fertility rates, many commentators believe that economic immigration will be necessary for the European Union to overcome labour shortages in the coming years.”
Countries in the EU such as Britain, Sweden and Eire, that have opened their borders fully to EU's new members such as Poland, Bulgaria and Romania, have benefited from it more than others. History has shown that a liberalised work force and reduced barriers against employment benefit economies and stability in the long term. This means that the more barriers there are to people from one country freely finding employment in a neighbouring country, the worse off the whole region is over time.
Europe as a whole requires net immigration in order to maintain its industries, pensions and social structure. This is because the population increase has slowed and many countries would be seeing population declines if not for their open borders. The result is an ageing native population whose pensions are paid by newcomers. The fertility rate required to maintain the present population is 2.1 children.
"The fertility rate in the EU is 1.47 - well below replacement. By 2010, deaths there are expected to start outnumbering births, so from that point immigration will account for more than all its growth. [...] The fertility rate in Italy and Spain is 1.28, which, without immigration, would cause the number of Spaniards and Italians to halve in 42 years."
Links:
· "The Population of the Earth: Explosions, Pensions and Cultural War" by Vexen Crabtree (2006)
· "UK Immigration, Economics and Pensions" by Vexen Crabtree (2007)
9.2. The Waning of Religion in a Modern Continent
Life without religion has become the norm for most Europeans. About 30% of the population state that they don't believe in God, but still put down an official religion on paper. This is a common trend amongst secularising peoples, as people forget what religion is about. The bigger the religious institution, the quicker it is likely to be shrinking. This has caused structures such as the Anglican Communion to topple as African Bishops, representing African churches that are growing in size and making money, prise the union apart as the weakening West loses its ability to promote its own (slightly) more tolerant version of Christianity.
“When asked what values they "cherish above all", respondents overwhelmingly chose "peace" (52%), "respect for human life" came second (43%). Democracy got 24%. Way down at the bottom – 11th out of 11 – was "religion" with a meagre 7%.”
My collection of statistics on the UK highlight the loss of power and influence of religious ideas in Britain. Less than half of the British people believe in God, and two thirds have no connection to religion. "Between 1979 and 2005, half of all Christians stopped going to church on a Sunday".
9.3. France
France is a prime example of the types of dynamic battles occurring between the ancient legal monoliths of religion, and a society that no longer shares its traditional values.
“NUMBER OF ATHEISTS IN FRANCE RISES AT AN UNPRECEDENTED RATE
A poll published this week by the French newspaper Le Monde shows that the number of people describing themselves as atheists has risen to 31 per cent -- from 23 per cent in 1994. The poll also shows that only half the population of France now considers itself to be Catholic. In the early 1980s it was 80 per cent. The paper declared that France "is no longer a Catholic country".
"In its institutions, but also in its mentalities, France is no longer a Catholic country," wrote Frederic Lenoir, editor in chief of Le Monde des Religions.
The poll showed that only 10 per cent go to church regularly mainly to Sunday mass or christenings. Extraordinarily, of the 51 per cent who still call themselves Catholics, only half said they believed in God. Many said they described themselves as Catholics because it was a family tradition. Le Monde des Religions cited varied reasons for the decline, including the rural exodus, changing values and the rise of individualism. [...]
Full story here: www.cwnews.com/...recnum=48546”
9.4. Eastern Europe
It is generally believed that Eastern Europe is more religious than Western Europe, but, the truth is more complicated.
“The Eurostat survey found significant differences between individual member states. Religion is most important to the Maltese (88 percent), Poles (87 percent) as well as Cypriots, Greeks and Romanians (86 percent each). By contrast more than 70 percent of the population in Belgium and the Czech Republic regard religion as insignificant. In Germany the old East-West-divide is still reflected in religious attitudes. Whereas 53 percent of the population in the West say that religion is important, the figure is only 26 percent in the former Communist East. [...] ”
“Religion in central and eastern Europe is waning - and plagued by scandal. [...] Secularism is shriveling some churches, especially mainstream Protestant ones. Others have retreated into steamy nationalist ghettos.”
9.5. European Law and Values on Religion
Of the Union's 27 states, according to Wikipedia, only five have an official state religion. Cyprus (Cypriot Orthodox Church), Denmark (Danish National Church), Greece (Church of Greece), Malta (Roman Catholic Church) and England (Church of England)28. Some states have close relationships with various religious bodies that are not enshrined in law.
European Law institutionalizes equality and religious freedom. This means that religions are not free to discriminate against each other; anti-discrimination laws mean that employers are sometimes forced to accommodate a persons' religious beliefs as long as it is practical to do so (this is especially the case in some countries such as the UK), and in others many private and local agreements allow some religious people special privileges at work. But the overall attitude is that, due to the multiple religions that make up the European Union, Law cannot impose religious rules. The ethos that brings most tolerance and equality, therefore, is strict secularism. This goes to its extreme in countries like France, where, according to the EU Monitoring Center, "religion is very rarely taken into consideration within companies' diversity initiatives and the majority of the population would seem to adhere to the idea that religion belongs to the private sphere of life"29.
When it comes to religion, the following values and customs are pertinent to keep in mind, in Europe:
· Religion is a private affair, and a personal choice.
· There is no compulsion in religion under law.
· People have a freedom to change their beliefs (to convert) whenever they want.
· Western culture is critical and skeptical, and religious ideas are frequently questioned and challenged.
· Freedom of speech overrides religious sensibilities about blasphemy.
· People attempt to accommodate religious practices were practical. This is enshrined in European law.
There are secularising trends towards some of the following areas of tolerance, in a multi-faith Europe:
· State buildings and events should not support any particular religion.
· Public events, especially more important ones, should avoid emphasis on any particular religion.
· Religious education in schools should be optional.
· Religious theories should not be taught in schools as fact, not even by faith schools30.
These values ensure that official culture does not indirectly discriminate against anyone by enforcing one brand of faith over another, and ensures people are free to pursue their own religions at will, but, not at the expense of other people's freedoms.
a very good compendium and summary of those states of the euro union that have holocaust denial prohibitions. the article points out that countries with common law heritage generally do not, while code law states, e.g., france, do have such prohibitions on free speech.
“laws against holocaust denial” --- wikipedia --- http://en.wikipedia.org/wiki/Laws_against_Holocaust_denial
again, from wikipedia, a very good compendium and summary of those state that have anti-hate speech provisions, including a separate listing of nations with a brief descriptor of the types of speech prohibited, with attendant criminal & civil penalties associated w/ such speech, if any.
“hate speech” --- wikipedia --- http://en.wikipedia.org/wiki/Hate_speech
good article ---
“the eu’s hatred of ‘hate’” by grant havers --- http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=151765
Since July 1996, article K.3 of the Treaty on European Union has declared that “public denial” of crimes against humanity as well as statements “contemptuous of” or “degrading to” identifiable groups of persons would be illegal and the perpetrators subject to prosecution. This article is consistent with Article 19 of the International Covenant on Civil and Political Rights, which calls for the criminalization of the intent and practice of discriminating against oppressed groups, as well as denial of war crimes and genocide.
good article ---
“dutch mp wilders prosecuted for criticizing radical muslims under ‘hate crime’ statutes.
http://www.militantislammonitor.org/article/id/3834
The foundation for these laws is "The Universal Declaration of Human Rights" [adopted post-Nuremberg in 1948] which became the foundation upon which all of Europe's anti-hate laws draw their sustenance.
As legal scholar Jieskje Hollander observed [when commenting on the specifics of article 10(2) of this legislation] though the UDHR generally recognized free speech, it was quantified and restrained free speech.
Genuine, unrestricted freedom of expression was not similarly protected.
"This paragraph gives us a range of reasons for which the right to freedom of speech can and should be restrained. The right to express oneself freely comes with certain special duties and responsibilities...If speech is used recklessly or with malicious intent it will threaten the security of society in various ways, it will threaten the constitutional state and it will harm the individual." [see, Hate Speech, a Historical Inquiry into its Legal Status, Jieskje Hollander, p. 31]
This duality leaves Holland and Europe in the grasp of an irreducible nexus, defining free speech in such a manner as to suppress it.
“george orwell meets the o.i.c.” --- robert spencer --- jihadwatch link: ___ http://www.jihadwatch.org/2008/06/spencer-george-orwell-meets-the-oic.html ___
the universal declaration of human rights, 1948 .
full text. -- http://www.un.org/en/documents/udhr/index.shtml#a3
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
· All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
· Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
· Everyone has the right to life, liberty and security of person.
· No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
· No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
· Everyone has the right to recognition everywhere as a person before the law.
· All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
· Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
· No one shall be subjected to arbitrary arrest, detention or exile.
· Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
· (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
· (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
· No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
· (1) Everyone has the right to freedom of movement and residence within the borders of each state.
· (2) Everyone has the right to leave any country, including his own, and to return to his country.
· (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
· (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
· (1) Everyone has the right to a nationality.
· (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
· (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
· (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
· (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
· (1) Everyone has the right to own property alone as well as in association with others.
· (2) No one shall be arbitrarily deprived of his property.
· Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
· Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
· (1) Everyone has the right to freedom of peaceful assembly and association.
· (2) No one may be compelled to belong to an association.
· (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
· (2) Everyone has the right of equal access to public service in his country.
· (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
· Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
· (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
· (2) Everyone, without any discrimination, has the right to equal pay for equal work.
· (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
· (4) Everyone has the right to form and to join trade unions for the protection of his interests.
· Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
· (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
· (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
· (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
· (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
· (3) Parents have a prior right to choose the kind of education that shall be given to their children.
· (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
· (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
· Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
· (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
· (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
· (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
· Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
free speech provisions ---
PREAMBLE
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
….
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 6.
· Everyone has the right to recognition everywhere as a person before the law.
Article 7.
· All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 13.
· (1) Everyone has the right to freedom of movement and residence within the borders of each state.
· (2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 15.
· (1) Everyone has the right to a nationality.
· (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 18.
· Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
· Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
· (1) Everyone has the right to freedom of peaceful assembly and association.
· (2) No one may be compelled to belong to an association.
Article 28.
· Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
· (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
· (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
· (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
· Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
google research topic --- euro union regulations on free speech --- link:
link: treaty of lisbon -- wikipedia --
en.wikipedia.org/wiki/treaty_of_lisbon
“treaty of lisbon” --- http://en.wikipedia.org/wiki/Treaty_of_Lisbon --- wikipedia
and, the article provides : “the treaty also made the union’s human rights charter, the charter of fundamental rights, legally binding.
“charter of fundamental rights of the european union” -- http://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union --- wikipedia
Soon after the entry into force of the EEC Treaty, the Community established itself as a major political entity with policy ramifications beyond its economic aims. In 1964 the European Court of Justice handed down its decision in Costa v ENEL, in which the Court decided that Community law should take precedence over conflicting national law. This meant that national government could not escape what they had agreed to at a European level by enacting conflicting domestic measures, but it also potentially meant that the EEC legislator could legislate unhindered by the restrictions imposed by fundamental rights provisions enshrined in the constitutions of member states. This issue came to a head in 1970 in the case of Handelsgesellschaft casewhen a German court ruled that a piece of EEC legislation infringed the German Basic Law. On a reference from the German court, the ECJ ruled that whilst the application of Community law could not depend on its consistency with national constitutions, fundamental rights did form part an "integral part of the general principles of [European Community] law" and that inconsistency with fundamental right could form the basis of a successful challenge to a European law.[2]
In ruling as it did in Handelsgesellschaftthe ECJ had, in effect, created a doctrine of unwritten rights which bound the Community institutions. While the court's fundamental rights jurisprudence was approved by the institutions in 1977[3] and a statement to that effect by inserted into the treaties by the Maastricht Treaty,[4]it was only in 1999 that the European Council formally went about the process of initiating the drafting a codified catalogue of fundamental rights for the EU.
[now, wikipedia text is hardly basis for legal analysis, not “binding,” ou might say. laughing. but, the author of this paragraph above is no dumb bunny. he is suggesting that there may be some small glimmer of a hope that european judges may yet recognize in their jurisprudence some limitation on legislative power, and some well spring of protection in individuals of a “natural law” origin of individual rights, which are immutable by politics or jurisprudence. yay!! john locke, sir thomas blackstone, as it were. we’ll see: john jay.]
lots of interesting stuff in this article, and, we have a pdf link to the text of the charter, under the heading, “external links.”
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:303:0001:0016:EN:PDF -- charter of human rights, as adopted at the lisbon treaty.
neat, what ou can find on the internet.
provisions in the charter re: speech and re: immigration:
14.12.2007 EN Official Journal of the European Union C 303/1
IV
(Notices)
NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
EUROPEAN PARLIAMENT
COUNCIL
COMMISSION
CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION
(2007/C 303/01)
14.12.2007 EN Official Journal of the European Union C 303/1
The European Parliament, the Council and the Commission solemnly proclaim the following text as
the Charter of Fundamental Rights of the European Union.
CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION
Preamble
CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION
Preamble
The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values.
Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the
Union and by creating an area of freedom, security and justice.
The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it seeks to promote balanced and sustainable development and ensures free movement of persons, services, goods and capital, and the freedom of establishment. [sound familiar? the precise rights which are ensured in each of the euro-med “association agreements,” such as are also extended to foreign nationals in “association” countries, and to their citizens.]
To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in society, social progress and scientific and technological developments by making those rights more visible in a Charter.
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Article 10
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion. This right includes 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.
2. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.
C 303/4 EN Official Journal of the European Union 14.12.2007
Article 11
Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.
[hint: see article 52, below, to see how any “tension” between the assertion of a right of free speech as against another’s right to religious freedom is to be balanced by the euro union.]
Article 12
Freedom of assembly and of association
1. Everyone 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.
2. Political parties at Union level contribute to expressing the political will of the citizens of the Union.
Article 15
Freedom to choose an occupation and right to engage in work
1. 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 of 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.
Article 19
Protection in the event of removal, expulsion or extradition
1. 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.
TITLE III
EQUALITY
Article 20
Equality before the law
Everyone is equal before the law.
C 303/6 EN Official Journal of the European Union 14.12.2007
Article 21
Non-discrimination
1. Any discriminationbased on any ground such as 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 shall be prohibited.
2. Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.
Article 22
Cultural, religious and linguistic diversity
The Union shall respect cultural, religious and linguistic diversity.
Article 34
Social security and social assistance
1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national
laws and practices.
2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Union law and national laws and practices. [this applies to all foreign nationals in the union who are there by way of “association agreements” between the member states and other nations, e.g., egyptians via the euro-med & egypt “agreement of association.]
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices.
Article 45
Freedom of movement and of residence
1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.
2. Freedom of movement and residence may be granted, in accordance with the Treaties, to nationals of third countries legally resident in the territory of a Member State.
[here is where the rubber meets the road on “free speech.”
Article 52
Scope and interpretation of rights and principles
[e.g., such rights as recognized herein are not absolute, and not derivative of rights existing prior to the adoption of the “charter.” this is obviously to be distinguished from our own bill of rights, and as distinguished from the view taken by locke, the federalist papers, and the u.s. supreme court that natural law rights inhering in individuals predate the ratification of our constitution.]
1. Any limitationon the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only [: a.]if they are necessary and genuinely meet objectives of general interestrecognised by the Union or [:b.]the need to protect the rights and freedoms of others.
[just at this point, we find that rights, e.g., the right to “free speech”, are not without limitation, but may be balanced as against other rights to either secure objects of general interest, e.g., the avoidance of social conflict engendered by religious discussion, or, … , to secure the rights and freedoms of others as set forth in the document.
who determines that balance? why, the prosecutors and courts of the euro union, of course.]
2. Rights recognised by this Charter for which provision is made in the Treaties shall be exercised under the conditions and within the limits defined by those Treaties.
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.
4. In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with thosetraditions.
14.12.2007 EN Official Journal of the European Union C 303/13
5. The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.
6. Full account shall be taken of national laws and practices as specified in this Charter.
7. The explanations drawn up as a way of providing guidance in the interpretation of this Charter shall be given due regard by the courts of the Union and of the Member States.
Article 53
Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States' constitutions.
Article 54
Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein. [e.g., you cannot engage in any speech or activity if it destroys the rights of others as recognized in the charter.]
The above text adapts the wording of the Charter proclaimed on 7 December 2000, and will replace it as from the date of entry into force of the Treaty of Lisbon.
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