in Order to illustrate the law "Word Game" i want to compare 2 documents. One well known (or,at least the title) and the way it Apparently had to be Adjusted in order for it to be fit to be Used as 'a law'...
This page is going to be a bit of a Devils Advocate, as in that i Am aware of the surely Good Intentions that went into these documents. I have realized though is that it is Important to point towards the Dangers Embedded in them.
Of cause it should not be taken out of consept. "The Convention was a response to the growth of Communism in Central and Eastern Europe and designed to protect the member states of the Council of Europe from communist subversion. This, in part, explains the constant references to values and principles that are "necessary in a democratic society" throughout the Convention, despite the fact that such principles are not in any way defined within the convention itself" (sorce) The threat to Democracy by Comunism can no longer be seen as a reason. The text of the Convention has not been ajusted
The Scary Thing about the Seed of Evil embedded in this Good, is that it is Particularly Well Considered...
Starting from the premise that the Universal Declaration of Human Rights is Genuine and the Real Deal, i will use that as a starting point. On the Left the 30 articles of the UDHR are listed, and on the Right the comparing 18 articles of section I of the The European Convention on Human Rights are displayed. Consequently, these articles will Not appear in the Right Order.
(There is also an added Protocol to the ECHR, and some of it's articles will also appear. I will clearly mark them as such.)
It is well known that the the UDHR is a UN construct. The ECHR. was drafted in 1950 by the then newly formed Council of Europe. (don't confuse with EU.) The Main function of it was to established the "European Court of Human Rights" Apart from that, "All Council of Europe Member States are party to the Convention and are expected to Ratify the Convention at the Earliest Opportunity" (check). This is the way it becomes "Law". (For instance, in the UK, compare it to the Human Rights Act 1998) Articles that are part of the Protocol do not fall under this compulsory Ratification. (check)
When i Feel the Need, some Remarks are spread throughout.
(First Need Felt: Strangely Enough the ECHR's article 16 of Had to appear More than Once... )
Article 1.
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ARTICLE 1 Obligation to respect human rights
The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention. |
Although i Don't want to go in to this To Deep (here...) 2 Things About the E.C's Art 1:
First; "Contracting Parties":
"The doctrine of privity means that a contract cannot, as a general rule, confer rights or impose obligations arising under it on any person except the parties to it." The doctrine of privity (GH Treitel, The Law of Contract, Page 442)
Article 2.
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ARTICLE 14 Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. ARTICLE 16 Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens. |
Article 16...
al·ien /ey-lee-uhn/ noun: a resident born in or belonging to another country who has not acquired citizenship by naturalization
Although article 14 specifies the "Prohibition of discrimination" on "political opinion" or "national origin", article 16 seems to justify just that... There is a limit to the Reason why "the High Contracting Parties" allow each other this "freedom" of Discrimination; only for Restrictions of Political Activity... This is how it appears to me; a group of 'parties', who's Main Business is 'politics' have come together and made a Contract, granting Each Other the Right to Restrict other People of doing Just That.
The Preamble of the E.C.H.R. states: "Considering the Universal Declaration of Human Rights". This is Exactly what happened here in Article 16; They Read the UDHR's article 2, Considered it, and decided they Didn't Like It...
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This is where the WordGame Starts to Show its Face
Article 3.
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ARTICLE 2 Right to life
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
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save / sāv/ Verb:...,Preposition: Except; other than. ............................................ .
un·law·ful /ˌənˈlôfəl/ Adjective: Not conforming to, permitted by, or recognized by law or rules.
in·sur·rec·tion /ˌinsəˈrekSHən/ Noun: A violent uprising against an authority or government.
In law, the terms "Shall Be Regarded" or "Shall Not be Regarded" are used to Re-Define terms.
So what is happening here? 2.2.a. Sounds like it has a Foundation of Fairness, but of course it Excludes Lawful Violence.
it thereby justifies, in a way, all similar actions that lie outside those limits."
Leo Tolstoy
This is why it needs to be Corrected, and this is done in 2.2.b. and especially 2.2.c.
As (in my opinion) Murder is Murder,"shall not be regarded" is Only There to put "the law" above "the Law"...
(apart from that all, "...which is no more than absolutely necessary" is always subjective, or biased...)
As i already Hinted about (right under Article One), the E.C.H.R. is a Contract between "The Governments Signatory Hereto, being Members of the Council of Europe", in which they agree that, (apart from creating, sustaining and the "European Court of Human Rights"), they will "ratify the convention at the earliest opportunity". In Other Words, to Make the Articles of this Convention Law in the Territory over which they Claim Jurisdiction.
Definition of CONVENTION:
- a: agreement, contract
- b: an agreement between states for regulation of matters affecting all of them
As a 'Citizen', if you have a 'Human Right' argument with 'Your' Government, there is no use Claiming rights under this ECHR. You would first have to go to 'your' Nation's 'Own' Court and Claim under the Ratified Articles.
"The doctrine of privity means that a contract cannot, as a general rule, confer rights or impose obligations arising under it on any person except the parties to it." The doctrine of privity (GH Treitel, The Law of Contract, Page 442)
This Contract Specifies what Governments can do to 'their' Citizens, without being taken to the "European Court of Human Rights" by the Other Governments that are 'Party' to... On that note, lets continue...
Article 3. continued
...., liberty and security of person. |
ARTICLE 5 Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. 3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. 4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. 5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation |
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Article 4.
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ARTICLE 4 Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude. 2. No one shall be required to perform forced or compulsory labour. 3. For the purpose of this Article the term “forced or compulsory labour” shall not include:
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You would be tempted to look up this:
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ser·vi·tude (sûrv-td, -tyd)n.
1. a. A state of subjection to an owner or master. b. Lack of personal freedom, as to act as one chooses. 2. Forced labor imposed as a punishment for crime: penal servitude in labor camps. 3. Law A right that grants use of another's property. |
but that is actually Not the point...
I particularly 'like' the " any work or service which forms part of normal civic obligations. " bit;
This is how we Pay our Taxes people...
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Article 5.
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ARTICLE 3 Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment |
they Agreed!!! Its The Same!!!
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Impossible! (or unlogical). Remember article 1's "shall secure to everyone within their jurisdiction "?
Article 8.
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ARTICLE 13
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. |
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Article 10.
Article 11.
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ARTICLE 6 Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights:
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Article 11. continued
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ARTICLE 7 No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. 2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations. |
Just in case we Missed Something... It Doesn't Really have to be written down in the "Law" of the "Country"...
Not as bad, but a bit like Article 16 and "Considering the Universal Declaration of Human Rights".
Once again; They Read the UDHR's article 11, Considered it, and decided... Hmmm....
(By the way, define Civilised Nations?)
Article 12.
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ARTICLE 8 Right to respect for private and family life 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others |
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Article 13.
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Article 14.
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Article 15.
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Article 16.
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ARTICLE 12 Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. |
"Justice that love gives is a surrender, justice that law gives is a punishment." Mahatma Gandhi
Article 17.
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ARTICLE 1 of PROTOCOL 1
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. |
Property rights... Isn't there a big diferens between 'Owning' things or 'Peaceful Enjoyment'?
Article 18.
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ARTICLE 9 Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. |
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Article 19.
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ARTICLE 10 Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary ARTICLE 16 Restrictions on political activity of aliens Nothing in Articles 10, 11 and 14 shall be regarded as preventingthe High Contracting Parties from imposing restrictions on the political activity of aliens. |
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Article 20.
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ARTICLE 11 Freedom of assembly and association
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. ARTICLE 16 Restrictions on political activity of aliens Nothing in Articles 10, 11 and 14 shall be regarded as preventingthe High Contracting Parties from imposing restrictions on the political activity of aliens. |
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Article 21.
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ARTICLE 3 of PROTOCOL 1
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. |
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Article 22.
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Article 23.
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Article 24.
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Article 25.
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Article 26.
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ARTICLE 2 of PROTOCOL 1
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religions and philosophical convictions. |
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Article 27.
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Article 28.
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Article 29.
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