Common use of Fundamental Rights Clause in Contracts

Fundamental Rights. In performing their obligations under this Agreement, the Parties undertake to act in compliance with all applicable human rights instruments, including the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol thereto, the 1965 United Nations International Convention on the Elimination of All Forms of Racial Discrimination, the 1966 United Nations International Covenant on Civil and Political Rights, the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women, the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1989 United Nations Convention on the Rights of the Child, the 2006 United Nations Convention on the Rights of Persons with Disabilities and the Charter of Fundamental Rights of the European Union. Team members shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures and human dignity, and shall pay particular attention to vulnerable persons. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on the basis of any grounds 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, in line with Article 21 of the Charter of Fundamental Rights of the European Union. Measures interfering with fundamental rights and freedoms may be taken by team members in the performance of their tasks or in the exercise of their powers only when necessary and proportionate to the objectives pursued by such measures and must respect the essence of those fundamental rights and freedoms in accordance with applicable international, European Union and national law. This provision shall apply mutatis mutandis to all staff of national authorities of the Republic of Albania participating in an operational activity. The Agency’s fundamental rights officer shall monitor each operational activity’s compliance with applicable fundamental rights standards. The fundamental rights officer, or his or her deputy, may carry out on-the-spot visits to the third country; he or she shall also provide opinions on the operational plans and inform the executive director about possible violations of fundamental rights relating to an operational activity. The Republic of Albania shall support the fundamental rights officer’s monitoring efforts, as requested. The Agency and the Republic of Albania agree to provide the consultative forum with timely and effective access to all information concerning respect for fundamental rights in relation to any operational activity performed under this Agreement, including through on-the-spot visits to the operational area. The Agency and the Republic of Albania shall each have a complaints mechanism to process allegations of breaches of fundamental rights committed by their staff in the exercise of their official functions in the course of an operational activity performed under this Agreement. Team Members shall in the performance of their tasks and in the exercise of their powers under this agreement, report without undue delay to the Agency any violations of the Agency’s codes of conduct. The Agency shall inform the relevant Albanian authorities of such reports without undue delay via a mechanism to be defined in the operational plan.

Fundamental Rights. In performing their obligations under this Agreement, the Parties undertake to act in compliance with all applicable human rights law instruments, including the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol thereto, the 1965 United Nations International Convention on the Elimination of All Forms of Racial Discrimination, the 1966 United Nations International Covenant on Civil and Political Rights, the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women, the 1984 United Nations Convention against Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1989 United Nations Convention on the Rights of the Child, Child and the 2006 United Nations Convention on the Rights of Persons with Disabilities and the Charter of Fundamental Rights of the European UnionDisabilities. Team members shall, in the performance of their tasks and in the exercise of their powers, fully respect fundamental rights, including access to asylum procedures and human dignity, and shall pay particular attention to vulnerable persons. Any measures taken in the performance of their tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such measures. While performing their tasks and exercising their powers, they shall not discriminate against persons on the basis of any grounds 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, orientation in line with Article 21 of the Charter of Fundamental Rights of the European Union. Measures interfering with fundamental rights and freedoms may be taken by team members in the performance of their tasks or and/or in the exercise of their powers only when necessary and proportionate to the objectives pursued by such measures and must respect the essence of those these fundamental rights and freedoms in accordance with applicable international, European Union and national law. This provision shall apply mutatis mutandis to all staff of national authorities of the Republic of Albania North Macedonia participating in an operational activity. The Agency’s fundamental rights officer shall monitor each operational activity’s compliance with applicable fundamental rights standards. The fundamental rights officer, or his or her deputy, may carry out on-the-spot visits to the third country; he or she shall also provide opinions on the operational plans and inform the Agency’s executive director about possible violations of fundamental rights relating to an operational activity. The Republic of Albania North Macedonia shall support the fundamental rights officer’s monitoring efforts, as requested. The Agency and the Republic of Albania North Macedonia agree to provide the consultative forum with timely and effective access to all information concerning the respect for fundamental rights in relation to any operational activity performed under this Agreement, including through on-the-spot visits to the operational area. The Agency and the Republic of Albania North Macedonia shall each have a complaints mechanism to process allegations of breaches of fundamental rights committed by their staff in the exercise of their official functions in the course of an operational activity performed under this Agreement. Team Members shall in the performance of their tasks and in the exercise of their powers under this agreement, report without undue delay to the Agency any violations of the Agency’s codes of conduct. The Agency shall inform the relevant Albanian authorities of such reports without undue delay via a mechanism to be defined in the operational plan.