Charter of basic rights a harbinger of change

The European Charter of Fundamental Rights, one of the documents adopted at the Nice Summit, is another declaration on human …

The European Charter of Fundamental Rights, one of the documents adopted at the Nice Summit, is another declaration on human rights which could have a future bearing on the Irish Constitution and Irish law.

At the moment, this document has a purely aspirational character. But the Declaration on the Future of the Union, which was appended to the Treaty of Nice, specifically lists the status of the charter for the agenda of the next Inter-Governmental Conference, due to be convened in 2004.

The charter was drawn up by a group called the Convention, which was made up of representatives of individual government, national parliaments and the European Parliament. The Irish Government was represented by Mr Michael Kennedy TD, and the Dail by Mr Desmond O'Malley and Mr Bernard Durkan.

In many ways the charter repeats rights already guaranteed by the European Convention on Human Rights, about to be incorporated in Ireland through a Bill now before the Dail. It is not clear how the charter, if it acquires legal status, will relate to the Convention.

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Rights are set out under seven headings. The provisions of the first, under the title "Dignity," include the right to life, and, while it does not take any position on abortion, it does prohibit the death penalty. In the field of medicine and biology, it prohibits cloning, using the human body for financial gain, and eugenic practices.

Under "Freedoms," the charter lists those already guaranteed by the European Convention, and includes a right to asylum. The "Equality" provisions prohibit various forms of discrimination and protect the rights of the child and those of the elderly.

The "Solidarity" chapter is the largest in the charter, and covers workers' rights, as well as the right to health care and housing, and refers to the need for environmental protection.

Citizens' rights are listed as the right to vote and stand as a candidate and to good administration. Under "Justice," the rights to the presumption of innocence and a fair trial are spelt out, along with protection against double jeopardy.

The charter has the status of a political declaration, and is not part of one of the EU treaties. However, Dr Gerard Quinn, a lecturer in law in NUI Galway, has described its adoption as the culmination of a process where human rights come close to the top of the EU agenda, and asks whether it marks another tangible step on the road to the drafting of a constitution for the EU.

Tomorrow: The "Post-Nice Process"