Overview of charter rights

• Pages: 80-92



Annex: Overview of Charter rights

Based on the Char ter’s Explanation s, this Annex gives a n overview of the 50fu n-

damental right s of the Charter, setting these in the conte xt of the Council of Europe

and United Nation s human rights in struments, as well a s sources of EUlaw and

the national law.

A. Corresponding provisions of the ECHR

•According to Article 52(3) of the Char ter, the meaning and scope (inc luding

authorised li mitations) of those correspon ding Charter rig hts are to be the same

as those laid down by the EC HR (including protocols).

•For this reason, the over view indicates the corres ponding ECHR ar ticles on the

bas is of:

 the Explanat ions to the Charter on each provision; and

 the Explanat ions to the Charter on Article5 2(2).

B. Equivalents provisions in other human rights

instruments

•According to Article 53 of the Charte r, the level of protection afforded by oth er

human rights i nstruments to which the Union o r all the Member States are party

should be maintained.

•For this reason, the over view gives the equiva lent rights in othe r human rights

instrument s to which the Union or all the Me mber States are party. These sou rces

are sometimes men tioned in the Explanations to th e Charter, but not always.

•If the source is not mentio ned in the Explanations to the Ch arter, the provision at

issue is marked with an as terisk (*).

C. Relevant EU and national legal sources

•According to Article 52(2) of the Cha rter, rights recognised by th e Charter, for

which provision is mad e in the treaties, are to be exercise d under the condi-

tions and within t he limits def‌ine d by those treaties. For this reaso n, the over-

view mentions thes e provisions if they are referred to in the Explan ations to the

Cha rte r.