Q What is the Charter of Fundamental Rights?
A It is NOT the European Convention of Human Rights (ECHR), agreed in 1950 and recently incorporated into British domestic law. The charter is a separate document which overlaps much of the ECHR, but goes further in many areas. It applies to all members of the Council of Europe and is upheld by the European Court of Human Rights in Strasbourg. The charter applies only to members of the EU, and will be upheld by the European Court of Justice.
Q Why do we need a second human rights treaty?
A Human rights activists and the German Government felt the short, simple ECHR did not go far enough for the EU. The charter sets higher standards. For example, it includes the right to parental leave for people who adopt a child.
Q Isn’t it confusing having two treaties?
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A Yes, and critics argue that having two different courts upholding two human rights treaties could produce contradictory judgments on the same subject.
Q What legal impact will the charter have?
A The British Government originally insisted that the charter should be merely a political declaration with the “legal impact of the Beano”. It was forced to compromise, and the charter is now part of the draft constitution. But the Government managed to include a statement in the constitution’s preamble saying the charter would not create new rights under British law allowing unions to challenge Thatcherite reforms. The Government now wants that declaration written into the charter itself.
Q What is the impact of the charter on industry?
A The charter gives workers the right to collective bargaining; the right to strike; the right against unjustified dismissal; the right to working conditions that respect their dignity; the right to a limitation on the maximum working hours, to daily and weekly rest periods and annual holidays; the right to work; the right to continuous training; the right to paid maternity leave following the adoption of a child.
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The charter also bans child labour under the minimum school leaving age, which in Britain is 16.
Q Why is the Government worried?
A British businesses are concerned that lawyers could use the charter to extend union rights. The CBI is particularly concerned that it would be used to peel back Thatcherite curbs on union power, in particular the ban on secondary picketing and the requirement to have a secret ballot before a strike.