6. Article 2 of the preliminary draft Constitutional Treaty presented by the Praesidium to the  Convention on 28 October 2002 (CONV 369/02) sets out to define the values of the Union  and indicates by way of example such basic values as human dignity, fundamental rights, democracy, the rule of law, tolerance, respect for obligations and for international law.

7. In the current Treaties, the preambles, as well as in particular Article 2 TEC and Articles 1 and 2 TEU, set out the overall values and basic objectives of the Community and the Union. The values expressed therein include the attachment of the Union to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law, the attachment to fundamental social rights, the desire to deepen solidarity, a high level of employment and social protection, the harmonious, balanced and sustainable development of economic activities and sustainable growth, and equality between men and women.

8. In its examination of the basic and overarching values related to the social field which should be included in Article 2 of the future Constitutional Treaty, the Working Group agreed that the Article should be short and specific. It furthermore noted consensus in the Convention regarding the integration of the Charter of Fundamental Rights into the Treaty, and that the Charter should not be reopened and noted that the Charter and Article 2 have different scopes. The Member States have a general obligation to comply with the values set out in Article 2. Indeed Article 7 sets out possible sanctions against Member States which do not respect such values. For this reason, some members insisted on the need to keep the list of values short and precise.

9. There was broad demand for the inclusion of the notions of solidarity, equality, equal opportunities and democracy (the latter already mentioned in the preliminary draft Constitutional Treaty), values which already feature prominently in the current treaties among the basic values of the Union. Some members suggested that the concept of solidarity could be further understood as solidarity between people and/or between generations, or between Member States. Solidarity with the disabled was mentioned as an example of solidarity between people. Some members pleaded for the inclusion of a reference to social justice and to social peace, while others suggested that these should be considered as objectives rather than as basic values. Several members argued that as equality between men and women was a core feature of the European social model, it deserved a specific mention among the basic values, while other members emphasised that it should be considered as an objective. With regard to equal opportunities, most members emphasised that they would prefer that such a reference should be interpreted in its broadest sense so as to cover not only gender equality, but also ethnic origin, religion, sexual orientation and disability. Some proposed that not only equal opportunities but also equal treatment should be included, while others were of the view that this should be considered rather as an objective. The concepts of tolerance and non- discrimination were also put forward, and some members underlined the fact that the Union is constantly becoming more diverse, and that an expression of the basic values on which it is based should take into account the respect for the multicultural and multiethnic character of European society.

10. Other suggestions regarding values not contained in the preliminary draft Constitutional Treaty of 28 October 2002 included sustainable development or sustainability, the latter in terms of the economy, social policy and the environment. This was broadly welcomed by the Group, but it was argued by some that the concept of sustainability should be considered rather as one of the major objectives of the Union, and that it should therefore be included in Article 3. Some members furthermore suggested that the wording dignity of the person should be used instead of human dignity. Several other suggestions were made for basic values, which the Group after discussion considered rather as objectives. They included reference to the level of employment the Union should strive for (full employment v. a high level of employment, see discussion in relation to Article 3 on objectives) and the objective of ensuring a high level of health protection. It was also suggested that references to the protection of the interest of the child and to solidarity with the developing world should be added to the values.

11. Article 136 TEC, which sets out the objectives of Community social policy, refers to fundamental rights "such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers".

The EU Charter of Fundamental Rights contains many social provisions but due to the specific nature of this Charter, the Group recommends that a specific reference be made to it in the Constitutional Treaty provision alongside the current Article 136 TEC 1.

In conclusion, the Group welcomes the mention of human dignity among values of the Union in the Preliminary Draft Constitutional Treaty and recommends that the following values be added to Article 2 of the Constitutional Treaty: