 International Convention on Human Rights (ICHR) |
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DRAFT INTERNATIONAL CONVENTION HUMAN RIGHTS
PREAMBLE The States Parties to this Statute, Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948; Considering that all peoples are united by common bonds, their cultures pieced together in a shared heritage, including numerous religious beliefs; Considering that the people are entitled to put their social contract with each other and those in government in writing to ensure fundamental human rights as part of their social order; Considering that the Universal Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared, and that many of the Rights declared in the Universal Declaration remain unrealized and unenforceable for billions of children, women and men in our international community; Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from want and fear has been proclaimed as the highest aspiration of the common people; Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law; Reaffirming that it is the duty of every State that is a signatory to the Universal Declaration, in accordance with Article 28 of that Declaration, to create a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized; Recognizing that the European Convention on Human Rights, the Inter-American Convention on Human Rights, and the African Convention on Human Rights have taken valuable first steps in making rights in the Universal Declaration enforceable in domestic courts of law and in regional courts enforcing those Conventions; Deciding that these first steps be followed by others, including the expansion of regional courts and the creation of an International Convention on Human Rights with an International Court of Human Rights to enforce it; Deciding that the International Court of Human Rights established under this Statute is intended to be an International Civil Court complementary to the International Criminal Court and to national courts, and that national domestic courts may interpret their own Constitutions to provide greater protections for human rights than those in the International Convention; Being resolved, to achieve the full realization of international human rights today and for future generations, and to provide for the legal enforcement of the rights stated in the Universal Declaration, as well as for environmental rights that are not in the Declaration, but are recognized today as equally important; Have agreed as follows: Article 1 (Obligation to Respect Human Rights) The High Contracting Parties shall secure to everyone within their jurisdiction the fundamental rights, and a legal process to enforce them, defined in this Convention. Every man, woman and child is a person before the law, and these rights apply whether they are in their homeland or any foreign land. SECTION IFUNDAMENTAL RIGHTS (1) Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to see, receive and impart information and ideas through any media and regardless of borders. No one may be coerced into expressing his or her views and convictions or into renouncing them. The only exception is that the urging of physical violence against individuals or groups based upon race, religion or sex is impermissible. (2) Written documents and other forms of information may be distributed within the distance of an outstretched arm from one person to another. This right to hand out information shall apply to any public place as well as private property where the public has been openly invited such as a shopping center or marketplace. (3) The freedom of the mass media shall be guaranteed. The dissemination of information, including broadcasts, may not be pre-empted without a court order finding that the information presents a serious threat to national security and an immediate serious danger to the lives of citizens, or that the information urges physical violence against individuals or groups based upon race, religion or sex. Article 3 (Freedom of Association) Everyone shall have the right to freedom of association, including the right, in small groups or large ones, to gather peacefully, without weapons, and to hold meetings, rallies, demonstrations, marches and pickets. This right shall apply to government property open to the public, even if the property is only temporarily open for a public event, and to private property where the public has been openly invited such as a shopping center or marketplace. Article 4 (Petition) Everyone shall have the right to submit petitions in writing to government authorities without punishment or retribution. Article 5 (Freedom of Religion) Everyone has the right of freedom of religion and to choose his or her own religious beliefs. No person may be prosecuted or discriminated against simply for holding a certain belief. The government shall not use public taxes to fund any religious activities or organizations, but religious organizations shall not be taxed. No governmental organization shall establish a particular religion. Everyone is equal before the law. Men and women have equal rights and share the right to human dignity. Women have an equal right to the same wage for the same work as men. Everyone is entitled to equal protection under law, and nobody shall be prejudiced or favored because of his or her birth, race, sex, sexual orientation, marital status, pregnancy, age, color, disability, wealth, language, national origin, faith, religion or political opinion. To promote the achievement of equality, legislative and other measures designed to protect or advance persons or categories of persons, disadvantaged by past unfair discrimination may be taken. (1) All power to govern emanates from the people through their choice of representatives and not from military position, religion, caste, heredity or any non-elective title or position. Every citizen may seek elective office and non-incumbent candidates must be given a fair opportunity to compete with those who are presently in office. No elected representative shall serve more than twelve consecutive years in the same position. Only individuals, not corporations or other entities, shall be allowed to contribute money or other assets to candidates or ballot measures, but individuals may combine to contribute as a group. The total annual contribution by any individual, whether it is to one candidate or divided among several candidates and ballot measures, shall not exceed 30% of the median income for the country in which the person resides. (2) Candidates for national or state legislative or executive positions shall be given adequate free time on television and other media to promote a well informed electorate and reduce the need for candidates to raise large amounts of money to communicate with voters. A minimum of 30 hours of free national broadcast time and 20 hours of state broadcast time, during times of large viewing audiences, shall be reserved for the 100 day period prior to the election. The allocation of such time shall be defined by law, but shall include any candidate able to show support of 5% or greater of the general population. (1) Everyone, regardless of sex, race, religion or any other classification, is entitled to a representative form of government. All people eighteen years or older shall have the right to vote in a secret ballot for their representatives. Each vote shall be given equal weight and each voter shall be able to vote directly for any representative who represents them. No tax may be placed upon the right to vote, nor shall any test or property be required to be eligible to vote. Voting shall be made easily accessible to all, including the ability to vote by mail, or other methods. Workers have the right to leave work to vote in state-wide or national elections without a reduction in pay. (2) Registration to vote shall be mandatory for anyone 18 years or older. No citizen who has legally resided in one place within a country for 30 days shall be denied the right to vote at that location. Everyone has the responsibility to participate in the governance of his or her society and, at a minimum, to cast a ballot during elections for state-wide and national office. Repeated failure to cast a ballot may result in the loss of privileges. The ballot submitted may be blank or partially completed. Everyone has the right to a clean and healthy environment, including water that is safe to drink and air that is safe to breathe, as defined by law. There is also a right to the preservation of species and their habitat, both for the benefit of future generations and for the species themselves. Major activities undertaken by either the government or a private person or company that have significant environmental impacts must allow for public participation in the review and permit process. (1) Everyone shall have the right to education. Access to pre-school, if desired, shall be guaranteed and free from age three. Primary and secondary education in public educational institutions shall be guaranteed and free. Parents have the responsibility to enroll their children in school, unless comparable schooling is offered at home, as defined by law. Students must attend school, or be home schooled, through a secondary degree. (2) Everyone shall have the right to receive, on a competitive basis for entrance to schools, at least four years of higher education, free of charge or at a low fee, as defined by law. Everyone shall also have an equal opportunity to receive graduate education according to his or her individual abilities and the number of positions available, as defined by law. Graduate education shall be free of charge or a reasonable fee. Everyone who receives free, low or reasonable higher education and/or graduate school education has a responsibility to work temporarily on behalf of society, as defined by law. Everyone has a right to free or low cost health care, including vision, dental and mental care, as defined by law. Health care includes the right to sufficient food necessary for good health, along with information on nutrition, sexual education, pre-natal and pediatric care, as well as curative and rehabilitative medical care, all as defined by law. Everyone has the right, along with his or her family, to shelter with safe water, electricity, and sanitary conditions, as defined by law. Every person or family given assistance with shelter has a responsibility to temporarily work on behalf of society, as defined by law. Everyone has the right to own, buy and sell property. No one may be deprived of his or her property without due process. The government may not take private property, except for public use. Just compensation must be paid to any person, association, or company with a legal interest in the property before it is taken. Just compensation shall be determined by a jury of lay people in the community where the property is located. Everyone has the right to choose his or her occupation or profession and place of work. Everyone also has the right to form and join a union and to participate in the activities and programs of a trade union, including the right to strike and collective bargaining. The right to strike may be limited only in a national emergency and then, only temporarily. Everyone is entitled to a living minimum wage and to financial assistance in the case of old age or the inability to work, as defined by law. Everyone receiving financial assistance also has the responsibility to work to the best of his or her physical and mental abilities, as defined by law. Everyone is entitled to fair procedures to safeguard his or her rights. No one may be deprived of life, liberty, or property without due process of law. Administrative and judicial actions must be lawful and procedurally fair. Everyone whose rights have been adversely affected by administrative or judicial action has the right to be given written reasons, including the applicable law relied upon by the decision maker. All judicial appellate rulings shall be published in writing and placed on the Internet so that they are freely available to all. Article 16 (Independent Judiciary) In addition to the people themselves, judges are the guardians of these rights. Judges must be independent and impartial at all times. No person shall give nor shall any judge receive any money, gift or service other than the judge's official salary. No party to a case, nor any person acting on their behalf, may speak to a judge about a case without the presence of, or at least knowledge of, the other party. Politicians, their agents, or other third parties also may not discuss with a judge any pending matter. Any judge found to have improperly received money, gifts or services shall lose his or her judicial position, return to the public treasury that which was wrongly accepted and serve time in jail, as defined by law. Judicial independence requires financial independence and no judge shall earn less than three times the national median income. Recognizing that the rule of law and rights herein benefit the citizens and businesses of all countries, each country shall annually contribute one percent of its gross national product into an international fund for the use and support of educational, healthcare and judicial facilities and salaries internationally, including the Courts described in articles 33-40. The funding shall be distributed by an international non-governmental organization comprised of leaders appointed in a similar manner to the judges on the International Court. These leaders from many professions and backgrounds shall be dedicated to the fulfillment of the rights herein, and, like judges, independent of the governments that appointed them. Article 18 (Search and Seizure) Every one is protected from unreasonable searches and seizures of their person, home and belongings. Searches and seizures must be authorized by a court based upon written documents, including reasons and evidence, submitted before the search or seizure is approved. (1) No person shall be arrested or imprisoned without a judicial warrant that is based upon written documents submitted before the warrant is approved. Such warrant must state reasons for the arrest, including a reference to the law alleged violated, and must be served upon the arrestee at the moment of arrest unless a person is arrested during or shortly after the commission of a crime and there is evidence linking them to the crime. Everyone shall be informed at the time of the arrest or detention of the right to consult a lawyer without delay and to remain silent until they have spoken with a lawyer. An opportunity must be provided within six hours of arrest to communicate by telephone, or in person, with an attorney and a family member or friend. An arrestee also has the right to use adequate facilities to prepare a defense. If the arrestee lacks funds for an attorney, then the government must provide one. (2) Everyone shall have the right to be publicly charged in a courtroom open to the public, including the news media, and to have the validity of the arrest or detention determined within 72 hours by an independent judge. He or she shall be released if the arrest or detention is not lawful. If the defendant insists, trial shall commence not more than 6 months from the date of arrest. Provided that a defendant can show that there is no genuine risk that he or she will not appear at trial, the defendant shall be released pending trial unless it can be shown that they are a danger to others. (1) Everyone who is charged with any criminal offense has the right to a fair public hearing by an independent and impartial court and counsel to represent them. Everyone charged has the right to be presumed innocent until proven guilty according to law and everyone shall have the right to a trial by jury of not less than six of his or her fellow citizens when the penalty for the offense could be imprisonment for more than 3 months. A jury decision to convict shall be unanimous. (2) Everyone accused of a crime has the right not to be compelled to be a witness or to confess guilt as well as the right to be present at the trial, to be heard, and to present a defense including the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defense under the same conditions as the prosecution. (3) Everyone accused of a crime shall have the right to have the free assistance of an interpreter if he or she cannot understand or speak the language used in court. No one shall be convicted of any offense for any act or omission which did not constitute an offense under the law at the time it occurred. If convicted of an offense, everyone has the right to appeal to a higher court. No one who has been finally acquitted, convicted of, or pardoned for an offense shall be tried or punished for it again; nor may punishment be more severe than punishment in force at the time the crime was committed. Article 21 (Life, Personal Freedom, Security) Everyone has the right to life, personal freedom, and security. Slavery or indentured servitude is abolished. Torture, cruel and unusual punishment and the death penalty are all prohibited. Further, for security from widespread annihilation, the use of nuclear weapons is prohibited. The creation or use of chemical or biological weapons is forbidden. Everyone has a right to his or her cultural identity, including the right to use his or her own language and engage in his or her own cultural traditions, provided they do not prejudice the traditions of others, or violate the rights embodied in this Convention. The government, however, may require schooling in particular languages and broad study of cultural history. No citizen may have their citizenship revoked. Citizens have the responsibility to share in the burden of public expenditures including the responsibility to pay taxes, as defined by law. Every citizen of a country has the right to freedom of movement and residence within that country and the right to enter freely and leave his or her country of citizenship. People of full age have the right to marry and to found a family. Men and women are entitled to equal rights at marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses. 1) Every child has the right to a name and a nationality from birth and to parental care, or to appropriate alternative care when removed from the family environment. Children 16 or younger shall not work during school hours unless provisions for home schooling have been established, as defined by law. Parents shall have responsibility for raising and caring for their children and must assure that, in partnership with the government, their children complete school through a secondary degree. (2) If a child is detained, then he or she has the right to be kept separately from detained persons over the age of 18 years and kept in conditions that take account of the child's age. No child under 18 may be used in armed conflict, even voluntarily. Article 26 (Medical Decisions) Everyone has the right to bodily and psychological integrity, which includes the right to access contraception and the right to make decisions concerning reproduction. Everyone also has the right of control over his or her body, including the authority to end life-extending treatment. No one may be subjected to medical or scientific experiments without his or her informed consent. Everyone shall have the right to privacy in his or her home, hotel room, vehicle, or vessel and to have interpersonal relations as they choose. This right includes all communications between people, in public or private that they intend to keep confidential. Eavesdropping is forbidden without a court order as part of a criminal investigation. Such order shall only be issued upon evidence submitted in writing to the judge issuing the order. Everyone has a right to access, obtain, and correct information collected about them by the government, or by any private individual or company for a commercial purpose, unless such information is part of a criminal investigation or prosecution. Article 29 (Intellectual Property) Everyone has the right to engage in cultural, artistic and scientific fields and to the profits of their work. Authors have exclusive international rights to use, publish or reproduce their works. Patents and copyrights are protected and recognized by all people and all nations. Any person or company whose work is misused is entitled to damages. Everyone in custody has the right to a public hearing before a court if he or she makes a claim of being held in violation of this Convention, even if he or she has been convicted pursuant to court processes. All possibilities for appeal within the country in which the person is held must be exhausted before this right can be exercised. Exceptions for immediate review by regional courts and the international court may be made upon a strong and convincing showing that redress from the domestic court is untimely or impracticable. Article 31 (Responsibility for Violation of Rights) Any private individual, private or public company, or public official, agent or employee of the government, who violates the rights set forth in this Convention is not immune from liability, qualified or otherwise, and is responsible to pay damages, including attorneys fees and costs, to the person whose rights have been violated. All government bodies are liable under civil law for actions or omissions made by government officials, agents or employees in the exercise of their functions which result in violations of the rights set forth herein. Article 32 (Trial for Violation of Rights) Any person, organization, or company who claims a violation of this Convention by government officials, agents, or employees or any private individual or private or public company shall have a right to trial by a jury of at least six of his or her fellow citizens. The jury shall decide liability and damages and need not be unanimous. SECTION IIINTERNATIONAL COURT OF HUMAN RIGHTS Article 33 (Composition of the Court) An International Court of Human Rights shall be created. The Court shall be comprised of one judge from each country that has ratified this Convention in its entirety, without reservation, and agreed that it is enforceable as part of domestic law. Judges shall consider claims brought under this International Convention based on the sanctity of the right and independently from the personal and political pressures of the country that nominated them. The nomination of judges shall be made by the country which they are from and approved by an absolute majority vote of the countries that have ratified this Convention. Article 34 (Terms of Service for Justices) The judges' terms for the International Court of Human Rights shall be 12 years, with terms to be staggered, as feasible. No judge may serve more than one term. Should staggering result in appointments of six years or less, then the judge shall be allowed an additional term. Article 35 (Application in all Countries) The rights included in this Convention may be raised before the courts of all countries. The courts in each country with jurisdiction to consider claims brought under the Constitution of that country shall also consider claims brought under this Convention. These rights also apply and may be raised in all regional courts. Article 36 (Supremacy of Rights) This Convention establishes a minimum standard to which all people are entitled. These rights are superior to any law that conflicts with them. The Courts of all countries shall uphold the Convention and shall declare as illegal any law, other legal act, or procedure that violates the rights stated herein. Any country may enact a law or interpret its own Constitution to provide for rights greater than those guaranteed by this Convention. Article 37 (Claims First Brought in Country of Origin) Cases shall be brought through the established domestic court system for the country where the claim arose. Any person shall have standing to bring a claim for violation of this Convention if they allege that there has been a violation of a right or rights, and that they have been affected, either directly or indirectly, by the violation. No claim of a violation may be brought before the International Court of Human Rights until the claim has first been brought in the domestic courts of the country in which the claim arose. Appeal must be made to the highest domestic appellate court that exists before review will be made by the International Court of Human Rights. Exceptions may be made upon a strong and convincing showing that redress from the domestic court is untimely or impracticable. Where there are existing regional courts, such as the European Court of Human Rights, for example, in addition to a claim being brought in the domestic courts for the country from which the claim arose, the claim must also be brought before the regional court prior to the International Court of Human Rights. Exceptions may be made upon a strong and convincing showing that redress from the regional court is untimely or impracticable. The location of the International Court of Human Rights shall be selected by a majority of the parties to this Convention. The Court shall have an annual calendar with all cases decided by written opinion within the same annual session in which they are considered. Hearings shall commence after 45 countries have ratified this Convention. Cases are accepted for hearing by a vote of one third of the judges of the Court. The Court may appoint a review committee of less than one third for initial consideration of cases, however, a third of judges may bypass this committee and a third must agree for a hearing to take place. The vote to accept a case is made in private, but judges are free to publicly explain their position for or against accepting a case, and may write an opinion so stating to be published by the Court. Cases are heard by Chambers of fifteen judges, 14 randomly selected, along with the judge from the country in which the case arose. A Chamber's decision may be reviewed by two thirds of the Court, randomly selected, along with the judge from the country in which the case arose, if a majority of the judges on the Court agree to review it. Hearings shall take place at the International Court unless a majority of the judges of the Court decide that a hearing is appropriate elsewhere. The International Court of Human Rights shall set its own procedures for the consideration of cases. Once a case has been selected, oral argument shall be the norm and a written decision by the majority of the Chamber, or the majority on appeal from a Chamber, shall be published in an official reporter. Dissenting opinions shall also be published and each judge may write separately or join in an opinion by a group. All judges shall be assisted by at least four law clerks, selected by the judge, three of whom shall be from countries other than the judge's home country. Article 40 (Enforcement of Decisions) Decisions of the International Court of Human Rights are enforceable through the domestic courts from which the case arose. Failure to comply with the decisions of the Court may result in expulsion from the Convention and the Court upon a vote of two thirds of the judges of the Court. |
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