THE PROTECTION OF FUNDAMENTAL RIGHTS IN THE UNION ‘S LEGAL SYSTEM

ARTICLE 6 OF THE TREATY ON EUROPEAN UNION AND OTHER SOURCES

Article 6(1) of the Treaty on European Union states that the Union recognises the rights set out in the Charter of Fundamental Rights of the European Union (CFREU), the legal value of which is the same as that of the Treaties. Article 6(3) further provides that fundamental rights, as guaranteed by the ECHR and as they result from constitutional traditions common to Member States, constitute general principles of the Union's law. The Union is thus committed to promoting the realisation of fundamental rights in any field where its action unfolds. This means that measures adopted by institutions are only consistent with primary law if they comply with the applicable human rights standards.

References to human rights can be found in other provisions of the TEU, as well. Article 2 lists the respect for fundamental rights among the founding values of the Union. According to Article 3(3), the Union's aims include the promotion of ‘equality between women and men’ and the ‘protection of the rights of the child’. Article 21(1) makes clear that the Union's action on the international scene is guided by, among others, the principles of ‘universality and indivisibility of human rights and fundamental freedoms’ and ‘respect for human dignity’.

The Union's duty to protect fundamental human rights also rests on international conventions to which the Union itself is a party, like the United Nations Convention of 13 December 2006 on the rights of persons with disabilities. Based on Article 216(2) of the TFEU, international conventions that bind the Union on the international plane further serve as a yardstick for assessing the validity of secondary legislation.

Other international conventions, although not binding as such on the Union, play a role in the protection of fundamental rights within the Union's legal system. This holds true, inter alia, for the United Nations Convention on the Rights of the Child of 20 November 1989 (UNCRC), which is in force for all Member States. Some of its rules are believed to reflect international customary law, which the Union is under an obligation to respect.