Issues of EQUALITY according to the Charter of Fundamental Rights of the European Union

Maksimas Kozlineris, 2014maksimas.kozlineris@yahoo.com

Different words define different people...

But the eye of the law sees just one, which applies to all of us -

EQUALITY

Rights and Freedoms must be ensured for everyone in spite of his human qualities.

• Therefore the state establishes institutions, organizations, which fight against violations of human rights.

• Universal system to defend human rights exists in various European countries:

- Constitution; - special laws, that ensure equal rights (e.g. Law for

Equal Opportunities); - institutions (e.g. Equal Opportunities Ombudsman’s

Office) - international documents;

- etc.

Member states must ensure fundamental rights of the European Union. Many of them are about

equal rights. The state foresees responsibility and fines for the violation of these rights.

Charter of Fundamental Rights of the European Union

• For the first time in the history of EU all civil, political, economical and social rights of the citizens of EU and all people living in the territory of EU are described. (2000-12-07/ 2009-12-01)*

* (second date – coming into force)

Today it is one of the most important and relevant international documents.

Prepared and for the first time introduced 2000 December 7 in Nice (France). Was not obligatory

for countries.

Since 2009 December 1 Lisbon Treaty entered into force and the Charter became obligatory

document for all countries of the EU.

• The Union is founded on the indivisible, universal values of human dignity, freedom, equality, solidarity;..

• The peoples of Europe, ...<..> , are resolved to share a peaceful future based on common values.

• ..the Charter reaffirms the rights as they result from the constitutional traditions and international obligations common to the Member States…

The Union therefore recognizes the rights, freedoms and principles…

EQUALITY• Article 20. Equality before the lawEveryone is equal before law.

• Article 21. Non-discrimination• Any discrimination based 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.

• Within the scope of application of the Treaty <..> any discrimination on grounds of nationality shall be prohibited.

It doesn't matter if you are a man or a woman, young or old, what is the colour of your skin, are you rich or poor – we are all EQUAL before the

law

“Some people are fat, some are thin. Some are very handsome or very clever. But if we would inspect them all threw the X-ray, we would see

only equal skeletons with empty eyeholes”

Dalai Lama – spiritual leader of Tibet Buddhism (Lamaism).

Could you imagine it? Dalai Lama probably had many more things in mind while saying this, but it really reflects the essence of the equality of human beings.

Any discrimination must be prohibited – it is one of the ways to ensure equal

rights

• What does it mean – to discriminate?

Term “to discriminate” means to estimate two people or two situations differently when the difference in fact doesn’t exist,

Or to estimate situationsas equal when in factthey are different.

Last „detail“ can seem muchmore valuable,

though it is just a coincidence and they all are equal.

Not an equal “start” – one has some privileges but it is declared that there exist equalopportunities for everyone.

• A human being should not be discriminated directly..direct discrimination – different behaviour with the

person because of his race, gender, attitudes, social status, etc. E.g. Poor people are not allowed to enter the parks.

• ..and indirectly indirect discrimination – neutral rules, laws, which

must be applied equally, predetermines that some people (because of their status, age, etc.), can find themselves in a disadvantaged position. E.g., demands to know the language are applied both to teachers and workers of unskilled labour.

• Article 22. Cultural, religious and linguistic diversityThe Union shall respect cultural, religious and linguistic diversity.• Article 23. Equality between men and women. Equality between men and women must be ensured in all areas,

including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption

of measures providing for specific advantages in favour of the under-represented sex.

European Union (EU) seeks to ensureEqual opportunities and attitude towards men

and women and to fight all the forms of discrimination on grounds of sex.

Every state seeks to provide equal opportunities for men and women and to use human

recourses more effectively.

There exist certain principles of equality of sexes, that must be followed:

• Women and men should be equal in decision making – according to the principles of democracy, every person has the right to influence developmental processes of society.

• Women and men should have equal opportunities in labour market – equal conditions to participate in labour market and to receive equal payment must by ensured.

• Women and men should have an opportunity to share their duties in the family equally – economical input into the welfare of society is equally important both from men and women.

• Women and men should be protected from violence on grounds of sex – violence is the extreme violation of human rights and cannot be tolerated.

• Women and men should be protected from discrimination on grounds of sex in work, education, commercials.

•

• Article 24. The rights of the child1. Children shall have the right to such protection and care as is

necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.

2. In all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.

3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

• Equality of children - children (and their rights) should be treated as equal human beings, who have their opinion, interests...

• While the child is under-age he has obligations for himself, his parents, other people as well. In most cases their responsibility is not full (parents are usually responsible for their behaviour), but they have the duty to behave appropriately and not to violate rights of other people, laws. Ten they will be viewed as equal participants of life.

• Article 25. The rights of the elderly• The Union recognizes and respects the rights

of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

• The state tries to involve elder people into various activities, because it is important that they felt valuable. Elder people are encouraged to participate in cultural, recreational activities of society. It must be ensured that these people could use health care system effectively (to get necessary medication for reasonable price).

It is the duty of parents to support their under-age children and it is the duty of children to take care of

their parents when they are old

This principle is consolidated in order to ensure that people would take care of each other - in spite of all

the differences, we need to feel equal.

• Article 26. Integration of persons with disabilities• The Union recognizes and respects the right of

persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

• Disability – any disorder, syndrome, illness, trauma or injury, which deprives, diminishes or limits possibility for the person to engage in daily activities.

Very important words – equally valuable member of society. Every person should feel valuable, equal with others, to live life of full value.

• Every state implements more and more projects to integrate people with disabilities into the labour market. Disabled people have more possibilities to have their own business, to get help from various organizations and the state. It helps them to feel equal.

• What can seem to us a trivial thing, is very important for disabled people: possibility to get into houses, buildings, shops, organizations. It is also connected with equal rights. States seek to give the opportunity for disabled people to use infrastructure and transport.

Negalim pamiršti!We cannot forget!

Like all the other rights, EQUALITY of people, is not absolute

Equality doesn’t mean Justice:

In the picture:On the left: EqualityOn the right: Justice

These rights and freedoms are defined in Charter of Fundamental Rights of the European

Union (Chapter III: EQUALITY) These are basic norms and rules, which have to

be implemented by all Member States of the European Union (28 countries).