In the case of individual countries, it's often construed as a constitutional right. But in the case of the EU, you're right, it's a human right. Thanks for the correction.
It hasn't prevented the advancement of internet three strike laws in Europe. In fact they are way ahead of the US on that lousy path. Ireland, UK, France, etc...
http://arstechnica.com/tech-policy/news/2009/09/france-passe...
http://www.techradar.com/news/internet/-three-strikes-isp-di...
http://extratorrent.com/article/1124/uk+admitted+%E2%80%9Cth...