Common use of Fundamental Rights Clause in Contracts

Fundamental Rights. 1. In performing their obligations under this Agreement, the Parties undertake to act in compliance with all applicable human rights law instruments, including the [insert/delete as applicable the 1950 European Convention on Human Rights, the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol thereto, the 1965 Convention on the Elimination of All Forms of Racial Discrimination, the 1966 International Covenant on Civil and Political Rights, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, the 1984 UN Convention Against Torture, the 1989 UN 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].4 2. 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. Measures interfering with fundamental rights and freedoms may only be taken by team members in the performance of their tasks and/or in the exercise of their powers when necessary and proportionate to the objectives pursued by such 4 The list of instruments includes the most relevant UN Conventions and the ECHR to which all Member States of the European Union are party and should be adjusted depending on their applicability in the third country. measures and must respect the essence of these fundamental rights and freedoms in accordance with applicable international, Union and national law. This provision shall apply mutatis mutandis to all staff of [relevant national authorities of third country] participating in an operational activity. 3. 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. [Third country] shall support the fundamental rights officer’s monitoring efforts, as requested. 4. The Parties 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. 5. The Parties 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.

Fundamental Rights. 1. In performing their obligations under this Agreement, the Parties undertake to act in compliance with all applicable human rights law instruments, including the [insert/delete as applicable 1950 Convention for the 1950 European Convention on Protection of Human RightsRights and Fundamental Freedoms, the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol thereto, the 1965 Convention on the Elimination of All Forms of Racial Discrimination, the 1966 International Covenant on Civil and Political Rights, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, the 1984 UN United Nations Convention Against TortureTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1989 UN 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 Union].4 2Persons with Disabilities. 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 CharterCharter of Fundamental Rights of the European Union. Measures interfering with fundamental rights and freedoms may only be taken by team members in the performance of their tasks and/or in the exercise of their powers only when necessary and proportionate to the objectives pursued by such 4 The list of instruments includes the most relevant UN Conventions and the ECHR to which all Member States of the European Union are party and should be adjusted depending on their applicability in the third country. measures and must respect the essence of these fundamental rights and freedoms in accordance with applicable international, Union and national law. This provision shall apply mutatis mutandis to all staff of [relevant national authorities of third country] the Republic of North Macedonia participating in an operational activity. 3. 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. [Third country] The Republic of North Macedonia shall support the fundamental rights officer’s monitoring efforts, as requested. 4. The Parties Agency and the Republic of 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. 5. The Parties Agency and the Republic of 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.