European Union

Charter of Fundamental Rights of the European Union

The Charter of Fundamental Rights of the European Union (EU) is a legally binding document that sets out the fundamental rights and freedoms enjoyed by every citizen within the European Union.

It was adopted in 2000 and in 2009 was given the same legal value as the EU Treaties for both EU institutions and Member States when applying EU law.

For the BDF, this is a powerful tool for promoting equal opportunities and inclusion within the European Union.

The Charter brings together political, social and economic rights and consists of 54 articles divided into seven chapters: dignity, freedoms, equality, solidarity, citizenship, justice and general provisions.

Who monitors compliance?

Compliance with the Charter is monitored at three levels:

• EU institutions:
  • The European Commission publishes annual reports on the application of the Charter in the EU Member States.
  • The European Court of Justice applies the Charter in its judgments, which indirectly contributes to its interpretation and application.
• The Fundamental Rights Agency (FRA) is the EU's independent human rights agency, which conducts research, reports and provides advice on the fundamental rights enshrined in the Charter. The FRA publishes comprehensive analyses every year, for example on discrimination, violence, privacy, equality and inclusion.
• The Council of the European Union regularly adopts conclusions on the application of the Charter, for example on the role of civil society organisations or the protection of fundamental rights.

Which articles are relevant to persons with disabilities?

All articles of the Charter are important for persons with disabilities because of the specific aspects they protect (e.g. Article 7 on the right to integrity of the person or Article 14 on the right to education). However, two articles refer specifically to persons with disabilities:

• Article 21: strong protection against discrimination
  Article 21 of the Charter prohibits discrimination on the grounds of disability. This means that laws, policies and practices based on European law must not make unjustified distinctions. For the BDF, this provides a solid basis for raising the issue of exclusion and defending equal treatment with EU policymakers.
• Article 26: right to integration
  Article 26 of the Charter recognises the right of persons with disabilities to measures that enable their independence, social and professional integration and participation in community life. This supports the BDF's work on accessibility standards for goods and services (e.g. public transport, websites, public buildings), the employment package for persons with disabilities, guidelines on deinstitutionalisation, etc.

Supplement to the UN Convention on the Rights of Persons with Disabilities (UNCRPD)

Both the European Union and Belgium are parties to the UNCRPD. The BDF can therefore use both the Charter and the UNCRPD as dual arguments to critically assess European legislation, remind policymakers of their obligations and demand better protection of rights.

Strategic instrument for advocacy

The Charter serves as an important frame of reference in the dialogue with the European institutions. It helps the BDF to evaluate proposals, formulate recommendations and advocate for policy measures that strengthen the inclusion of persons with disabilities. In addition, the Charter supports cooperation within the European Disability Forum (EDF).

More opportunities for legal protection

When measures are in breach of the Charter, this provides additional opportunities for complaints or legal action at national or European level. In this way, the Charter provides an extra layer of protection on top of national legislation.