25 Years of Rights: Reflecting on the Impact of the Charter of Fundamental Rights of the European Union
Ms. Christina Meinecke, UN Human Rights Representative to the EU
Brussels, 10 December 2025. Recording available.
Ladies and Gentlemen
I would like to thank the European Commission, the Danish Presidency of the Council of the European Union and the European Union Agency for Fundamental Rights for inviting me. It is an honour to address you at this event to mark the 25th anniversary of the Charter of Fundamental Rights of the European Union.
Happy Human Rights Day! As you know, today, we mark another important anniversary: 77 years ago, on this very day, the Universal Declaration of Human Rights (UDHR) was adopted.
The EU Charter of Fundamental Rights, the European Convention of Human Rights, other regional human rights treaties, the UDHR and core international human rights treaties form a multi-layered and mutually reenforcing system of human rights protection, with the Universal Declaration serving as the foundational inspiration and the Charter acting as a legally binding, regional application and elaboration of these universal standards within the EU legal order.
International human rights system and the Charter
Let me start by elaborating on the international human rights system which shaped since the UDHR was adopted to then explore the correlation with the Charter.
As you know, the nine core international human rights treaties include the two Covenants on civil, political and economic, social and cultural rights, three treaties dealing with certain themes (racism, torture, enforced disappearances) and four treaties protecting specific groups (women, children, persons with disabilities, migrant workers and their families).
All EU Member States have ratified seven of these treaties. A few EU Member States have not ratified the Convention on Enforced Disappearances. No EU Member State has ratified the Migrant Workers Convention.
But for the seven core UN human rights treaties, which EU Member States have ratified, this implies the obligation to realize the rights enshrined in those treaties, report regularly thereon and to receive recommendations for further improvements by the UN monitoring bodies established for that purpose: the independent expert committees established under each treaty, and by the Universal Periodic Review and the Special Procedure mandate holders, both established by the UN Human Rights Council.
Except for the Convention on the Rights of Persons with Disabilities (CRPD), which is open for signature and formal confirmation by “regional integration organisations”, the core UN human rights treaties cannot be ratified or acceded to by non-State entities.
This is the first aspect which, in my view, gives value to the Charter of Fundamental Rights: it creates legally binding obligations for the EU in the field of human rights, whereas international human rights treaties, with the exception of the CRPD, “only” create obligations for its States parties.
Another important added value of the Charter is that it brings together into one single, legally binding document a comprehensive range of existing civil, cultural, economic, political and social rights making these rights more visible, accessible and understandable for people in the 27 EU Member States.
This does not mean, however, that the Charter encompasses all the rights recognized in the core UN human rights treaties – some of these rights, and in particular, a number of economic and social rights referred to in the Covenant on Economic, Social and Cultural Rights – are not expressly covered. But these omissions can be overcome by ensuring that the interpretation and application of relevant Charter rights is in line with international human rights standards and related jurisprudence.
In this regard, Article 53 of the Charter provides that nothing in the Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised by international law and by international agreements to which the Union or all the Member States are party.
A third remarkable aspect of the Charter consists in its contribution to the progressive development of international law within the European Union. Not only does the Charter codify human rights norms and standards already recognised in existing human rights instruments; it also includes a number of rights and freedoms that were not included – at least expressly – in other human rights treaties adopted under the aegis of the United Nations. For example, Article 13 of the Charter provides that “Academic freedom shall be respected.”
The core UN human rights treaties do not include a direct reference to academic freedom. Its legal basis in international human rights law stems from interconnected rights, such as freedom of expression, the right to education, and the right to enjoy the benefits of scientific progress.
Moreover, the UN core human rights treaties do not include an explicit provision on the right to the protection of personal data (Article 8) or on the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life (Article 25). Human rights mechanisms have construed these rights on the basis of an interpretation of existing human rights norms and principles (the right to privacy and non-discrimination, respectively). The protection afforded by the EU Charter contributes to strengthening the protection of the rights of people in the European Union in these areas.
I am pleased to now in the following conversation pursue how the international and regional level human rights frameworks concretely reenforce each other.
2. Question by the moderator: How can the international and regional human rights legal frameworks reinforce each other?
As mentioned before, at the international level we have a number of United Nations human rights mechanisms and using their analysis, findings, decisions and recommendations can assist in the:
- Interpretation of Charter rights
- Human rights compliance of EU legislation and policies
- Interpretation of guidance to Member States when implementing EU legislation
- Assessment of Member States human rights record
- Assessment of where to invest towards the realization of human rights
What are these mechanisms?
- Human rights Treaty Bodies: committees of independent experts that monitor the implementation of the core international human rights treaties. States which have ratified the nine core human rights treaties are regularly reviewed as to progress made.
- The Universal Periodic Review (UPR): a unique mechanism of the Human Rights Council that calls for each UN Member State to undergo a peer review of its human rights records every 4.5 years.
- The Special Procedures of the Human Rights Council: independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. They undertake country visits and act on individual cases of reported violations and concerns of a broader nature by sending communications to States and others.
These human rights mechanisms have different mandates, procedures and activities. The Treaty Bodies can pronounce decisions on individual cases. All three mechanisms generate recommendations addressed to States and non-State actors on measures to be adopted to strengthen the protection and promotion of human rights. They also contribute to the development of international human rights standards.
Practical examples of relevance to the EU
UN human rights mechanisms can inspire the interpretation of the Charter’s rights and of the Charter’s scope of application. Notable cases can be cited for example around migration: with two decisions from the Human Rights Committee, which oversees the implementation of the Covenant on Civil and Political Rights, one around the issue of “pushbacks” and the other on the issue of the “right to be rescued at sea”.
The engagement of UN human rights mechanisms informs human-rights compliant implementation of EU legislation by Member States. For example, on the topic of migration, in May 2024 a group of eleven UN human rights experts urged EU Member States to ban immigration detention of children as they prepared for the implementation of the EU Pact on Migration and Asylum.
Also, UN recommendations addressed to Member States can inform EU assessments, like the European Commission’s annual Rule of Law Report (EU27 and 4 accession countries). Several recommendations made by the Commission in its Rule of Law report were aligned with the recommendations issued by the UN human rights monitoring bodies, for instance those addressed on the independence of anti-corruption bodies, regarding the establishment of a National Human Rights Institution (NHRI) or to bring NHRIs in compliance with the Paris Principles.
UN human rights mechanisms have engaged to inform negotiations of EU proposals before they are adopted. For example:
- In September 2024, four UN human rights experts — three Special Rapporteurs and one Independent Expert — commented on the European Commission's proposal for an EU Directive on the transparency of foreign interest representation, warning that the proposed Directive, as drafted at the time, may negatively impact civic space within the EU and be used to justify restrictions on civil society organizations abroad.
- In March 2025, the Working Group on Business and Human Rights cautioned that the Commission’s proposed Omnibus I Simplification Package may not align with the UN Guiding Principles of Business and Human Rights.
- In September 2025, four UN Special Rapporteurs raised concerns about the proposed revision of EU legislation on the smuggling of migrants and its compatibility with international human rights law — particularly considering risks of unjust criminalization of smuggled migrants and of those acting in solidarity with them, including search and rescue organizations.
Special Procedures have also made submissions to inform EU policy making. In October 2025, the Special Rapporteur on extreme poverty and human rights updated his initial contribution to the first-ever EU Anti-Poverty Strategy to emphasise the added value of grounding the EU Anti-Poverty Strategy in a human rights framework.
And, last but not least, international human rights law, and the guidance provided through the United Nations human rights mechanisms can serve as a blueprint when defining future policy and investment priorities, including in the context of the next Multi-Financing Framework (MFF), its three headings and operational programmes (like the Global Gateway) and the European Semester process.
United Nations human rights mechanisms' recommendations addressed to EU Member States in the context of the Universal Periodic Review (UPR), by the Treaty Bodies and Special Procedures can assist in identifying needs and areas for investments when designing the proposed National and Regional Partnership Plans (NRPPs) and related social targets (of 14%) to enhance skills, fight poverty, promote social inclusion, boost rural areas, among others.
OHCHR Europe Office — role and focus
Lastly, the Europe Office of the United Nations High Commissioner for Human Rights (OHCHR) focuses on placing human rights at the core of the European Union's internal and external action. Besides sharing United Nations human rights mechanisms findings and recommendations in EU forums, we make our own OHCHR analysis and research available and facilitate multi-stakeholder consultations feeding into relevant EU consultations towards the elaboration of new legislation and policies.
Our thematic emphasis in Brussels is centered on safeguarding civic space, supporting the anti-racism agenda and addressing inequalities, human rights-based migration governance, and integrating human rights in business conduct, the digital sphere and in the environment.
We also raise awareness with partners about the work of the Office which has 80+ presences around the world, the independent mandate of the High Commissioner, and contribute to the strengthening of the United Nations human rights pillar.