Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

Article 3 - Right to the integrity of the person


Everyone has the right to respect for his or her physical and mental integrity.

In the fields of medicine and biology, the following must be respected in particular: 

the free and informed consent of the person concerned, according to the procedures laid down by law,

the prohibition of eugenic practices, in particular those aiming at the selection of persons,

the prohibition on making the human body and its parts as such a source of financial gain,

the prohibition of the reproductive cloning of human beings.



The Court of Justice confirmed that a fundamental right to human integrity is part of Union law and encompasses, in the context of medicine and biology, the free and informed consent of the donor and recipient.


The principles of Article 3 of the Charter are already included in the Convention on Human Rights and Biomedicine, adopted by the Council of Europe. The Charter does not set out to depart from those principles, and therefore prohibits only reproductive cloning. It neither authorises nor prohibits other forms of cloning. Thus it does not in any way prevent the legislature from prohibiting other forms of cloning.

Official Journal of the European Union C 303/17 - 14.12.2007