Respect for the fundamental rights of all people, whether nationals or non-nationals, is an essential feature of any democracy. The Union and its Member States are therefore required to respect them. Actions may be brought before the Community courts to enforce compliance by the European institutions. The Union may impose suitable political and economic sanctions on Member States that seriously and systematically flout fundamental rights. A State that is applying to join the Union will not be admitted if it does not guarantee enjoyment of these rights.

The Treaty also provides for fundamental social rights, both in its preamble and in a specific chapter. The Union’s aim is to promote these rights through its policies.

The Union may take decisions specifically designed to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation. This rule does not amount to a direct ban on discrimination but provides the Union with the possibility to act. It is now very difficult to accept the legitimacy of a Community provision that might allow discrimination.

The Treaty ensures equal opportunities for men and women. In matters of social policy, the Treaty sets out specific obligations and authorises Member States to take measures involving positive discrimination when cases of serious de facto discrimination are found in an industry or occupation.

Respect for the status enjoyed in the Member States by churches and religious associations and philosophical and non-confessional organisations is guaranteed by the Union institutions.

The needs of persons with a disability must be taken into account in the arrangements for completing the single market.

The death penalty is considered to be no longer applied in the Member States.

The confidentiality of personal data must be safeguarded.

Everyone is entitled to apply to a court to ensure that Union law is enforced. This may be either a national court or a Community court depending on the matter in question.

Any Union citizen and any natural or legal person residing or with a registered office in the Union may address complaints to the European Ombudsman concerning instances of maladministration by a Union institution.