Human Rights

Ashton Meet

What are Human Rights?

Let's break this down......

What is a HUMAN? What is a RIGHT?

What is a Right?Commercial Definition

1. General: (1) Justified, recognized, and protected (violation of which is unlawful) claim on, or interest in, specific tangible or intangible property. (2) Freedom, immunity, power, or privilege, due to one by agreement, birth, claim, guaranty, or by the application of legal, moral, or natural principles. Rights are divided into two main categories: (A) Liberty: right to something a right-holder cannot be prevented from, such as to speak freely or follow a particular belief, and (B) License: right to do something which is otherwise illegal, such as to sell liquor or drive a powered vehicle. Other categories of rights include: (1) Alienable: rights that can be taken away or transferred, such a property rights. (2) Civil: rights that accrue to all citizens of a country, such as rights to equality, good governance, and justice. (3) Entitlement: rights that specify what their holders would receive, such as an office holder's rights, or beneficiary's rights under a trust. (4) Human: rights that belong to every member of humanity, such as rights to education, equity, fair-play, free association. (5) Inalienable: rights that cannot be taken away or transferred, such as right to justice or privacy. (6) Natural: rights that can neither be bestowed by a government nor abrogated by it, such as rights to life, liberty, and pursuit of happiness. (7) Prima facie: rights absolute in normal circumstances but which may be taken away in extraordinary situations, such as right to life annulled by a death penalty. 2. Securities: Short-term special security or option issued commonly to existing stockholders (shareholders) that allows them to buy a new issue at a discounted price. See also franchise, prerogative, and privilege.

General Rights1. Justified, recognized, and protected (violation of which is unlawful) claim on, or interest in, specific tangible or

intangible property.

2. Freedom, immunity, power, or privilege, due to one by agreement, birth, claim, guaranty, or by the application of legal, moral, or natural principles.

Rights are divided into two main categories:

(A) Liberty: right to something a right-holder cannot be prevented from, such as to speak freely or follow a particular belief, and

(B) License: right to do something which is otherwise illegal, such as to sell liquor or drive a powered vehicle.

Other categories of rights include:

(1) Alienable: rights that can be taken away or transferred, such a property rights.

(2) Civil: rights that accrue to all citizens of a country, such as rights to equality, good governance, and justice.

(3) Entitlement: rights that specify what their holders would receive, such as an office holder's rights, or beneficiary's rights under a trust.

(4) Human: rights that belong to every member of humanity, such as rights to education, equity, fair-play, free association.

(5) Inalienable: rights that cannot be taken away or transferred, such as right to justice or privacy.

(6) Natural: rights that can neither be bestowed by a government nor abrogated by it, such as rights to life, liberty, and pursuit of happiness.

(7) Prima facie: rights absolute in normal circumstances but which may be taken away in extraordinary situations, such as right to life annulled by a death penalty.

2. Securities Rights:

Short-term special security or option issued commonly to existing stockholders (shareholders) that allows them to buy a new issue (of shares or stocks) at a discounted price. See also franchise, prerogative, and privilege.

What is a Right in the HUMAN sense?

The fundamental rights that humans have by the fact of being human, and that are neither created nor can be abrogated by any government.

Supported by several international conventions and treaties (such as the United Nation's Universal Declaration of Human rights in 1948), these include cultural, economic, and political rights, such as right to life, liberty, education and equality before law, and right of association, belief, free speech, information, religion, movement, and nationality. Promulgation of these rights is not binding on any country, but they serve as a standard of concern for people and form the basis of many modern national constitutions. Although they were defined first by the Scottish philosopher John Locke (1632-1704) as absolute moral claims or entitlements to life, liberty, and property, the best-known expression of human rights is in the Virginia Declaration of Rights in 1776 which proclaims that "All men are by nature equally free and independent and have certain inherent rights, of which, when they enter a state of society, they cannot, by any compact, deprive or divest their posterity." Called also fundamental rights.

What Do You Want as Your Fundamental Rights?

As an individual man or woman answerable to nature? As a member of a society answerable to that society? Or a blend of both? As a corporation? Recognising what jurisdiction and answerable to who?

Concepts to Consider wrt Fundamental Rights

What is 'Fundamental'?

Fundamental rights are a generally regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all human beings under such jurisdiction. The concept of human rights has been promoted as a legal concept in large part owing to the idea that human beings have such "fundamental" rights, such that transcend all jurisdiction, but are typically reinforced in different ways and with different emphasis within different legal systems.

Some universally recognized rights as fundamental, i.e., contained in the U.N. International Covenant on Civil and Political Rights or the U.N. Covenant on Economic, Social and Cultural Rights, are as follows:

Right to self-determination[1]

Right to liberty[2]

Right to due process of law[3]

Right to freedom of movement[4]

Right to freedom of thought[5]

Right to freedom of religion[6]

Right to freedom of expression[7]

Right to peaceably assemble[8]

Right to freedom of association[9]

Right to marry[10]

Declaration of the Rights of Man and Citizen of 1793 - France

Philosophic and theoretical context

The concepts in the Declaration come from the philosophical and political principles of the Age of Enlightenment, such as individualism, the social contract as theorized by the French philosopher Rousseau, and the separation of powers espoused by the Baron de Montesquieu. As can be seen in the texts, the French declaration is heavily influenced by the political philosophy of the Enlightenment, and by Enlightenment principles of human rights, some of which it shares with the U.S. Declaration of Independence which preceded it (4 July 1776). Thomas Jefferson, primary author of the U.S. Declaration of Independence, was at the time in France as a U.S. diplomat,and was in correspondence with members of the French National Constituent Assembly. James Madison's proposal for a U.S. Bill of Rights was adopted by the U.S. House of Representatives on 21 August 1789. that is 5 days before the French declaration. Considering the speed at which information crossed the Atlantic Ocean in the 18th century, it is clear that the French declaration was not inspired by its US counterpart.

The declaration is in the spirit of what has come to be called natural law, which does not base itself on religious doctrine or authority.

The declaration defines a single set of individual and collective rights for all men. Influenced by the doctrine of natural rights, these rights are held to be universal and valid in all times and places. For example, "Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good."They have certain natural rights to property, to liberty and to life. According to this theory the role of government is to recognize and secure these rights. Furthermore government should be carried on by elected representatives.

At the time of writing, the rights contained in the declaration were only awarded to men. Furthermore, the declaration was a statement of vision rather than reality. The declaration was not deeply rooted in either the practice of the West or even France at the time. The declaration emerged in the late 18th Century out of war and revolution. It encountered opposition as

democracy and individual rights were frequently regarded as synonymous with anarchy and subversion. The declaration

embodies ideals and aspirations towards which France pledged to struggle in the future.

Declaration of the Rights of Woman and the Female Citizen – France (1791)

Never ratified by the General Assembly

Women were never granted equal rights to men following the revolution

De Gouges draws attention to the fact that under French law women were fully punishable, yet denied equal rights, declaring “Women have the right to mount the scaffold, they must also have the right to mount the speaker’s rostrum”.

A good example of how the political development and creation of rights can become corrupted and biased in a civil society.

Active and Passive Citizens

Or as was a common joke under the Soviet Communist system – everyone is

equal, just that some are more equal than others.

Moral Code of the Builder of Communism 1961 – Soviet Union

Devotion to the cause of Communism, love of the socialist Motherland and of the socialist countries.

Conscientious labor for the good of society: he who does not work, neither shall he eat.

Concern on the part of everyone for the preservation and growth of public property.

High sense of public duty; intolerance of actions harmful to the public interest.

Collectivism and comradely mutual assistance: one for all and all for one.

Humane relations and mutual respect between individuals: man is to man a friend, a comrade, and a brother.

Honesty and truthfulness, moral purity, unpretentiousness and modesty in social and private life.

Mutual respect in the family, concern for the upbringing of children.

Irreconcilability towards injustice, parasitism, dishonesty, careerism, and profiteering.

Friendship and brotherhood among all peoples of the USSR, intolerance of national and racial hatred.

Intolerance towards the enemies of communism, peace, and freedom of nations.

Fraternal solidarity with the working people of all countries, and with all peoples.

Livin' The Dream

A Gulag camp in Tag Forest, Siberia where over 40 million.....yes.....40 million Citizens found out how it works when a State decided their rights for them

The Henrician Articles – Poland 1573

Each king had to swear that "if anything has been done by Us against laws, liberties, privileges or customs, we declare

all the inhabitants of the Kingdom are freed from obedience to Us".

The British Isles and the concept of Individual Rights, freedoms, liberties, and

responsibilities under RULE OF LAW and judgement by our peers!

Aka : Understanding those hereditary and customary and Constitutional principles of individual freedoms and protections

and limits on Government Powers which we are defending as Private Individuals or

Private Citizens

From a freeman Perspective?

THE PRIVATE

V

THE PUBLIC

The Police Oath

England and Wales:

I... of... do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.

Scotland:

I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable.

Northern Ireland:

From November 2001:

I... hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all individuals and their traditions and beliefs; that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof according to law.

Our Constitutional Contract with the Monarch

Six British Monarchs have been deposed in one form or another, having been deselected for their failure to maintain the rights and liberties of the People. They were Ethelred, Richard II, Henry VI, Charles I (executed), James II and Edward VIII.

The Judicial Oath

“I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill-will.”

Note: wait for laughter to stop before proceeding with presentation

The independence of the judiciary is the cornerstone of a democratic society and a safeguard for the freedom and rights of the citizen under the rule of law. It means that judges should be free to make impartial decisions based solely on fact and law, without interference, pressure or influence from the state. In Scotland, the principle was emphasised as long ago as 1599 when the Lord President of the Court of Session declared that the judges were independent of the king, “sworn to do justice according to our conscience”.

Judicial independence is protected in several ways:

freedom from interference, influence or pressure from the State through separation from government and parliament, which may be involved in disputes heard by the judge;

restrictions on removal from office – for instance, a full-time, salaried judge can only be removed before retiring at 70 if unfit for office because of inability, neglect of duty or misbehaviour; and

Immunity from being sued or prosecuted for work carried out as a judge.

To uphold their independence, judges should act with impartiality and integrity.

Note: wait for laughter to die down before carrying on

The last slide does not recognise the constitutionally criminal decision by successive UK governments since the 1990s to place the 'National Economy' above 'Rule Of Law', which we have seen in court decision after court decision.

Another discussion for another presentation!!

Coincidence?

Is it a coincidence that the Human Rights Act was brought into force at exactly the same time that the concepts of the primacy of 'The Public Good' over Individual and Private Freedoms were being imposed? At the same time that the Economic Well-Being of the financial markets took priority over Rule Of Law? At the same time that the House of Lords was dismantled as an arbiter of the Law and Statute and Government Power?

You decide. Was the HRA a force for good...or just political and economic mischief?

Who decides our Human Rights for Us?“All Statutes are given force of Law with the consent of the

Governed”

Do we even know what it is we are being asked to provide our consent to and who is governing Us?

Remember!

Legal Person v man.

Public v Private.

Whose consent has been presumed?

Whose Rights are governed under the avalanche of HR legislation and agreements?

Who is governing these rights and for what higher purpose?

Human Rights Authorities UN Universal Declaration of Human Rights 1948

International Covenant on Civil and Political Rights (ICCPR) 1966

International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966

European Convention on Human Rights (formally the Convention for the Protection of Human Rights and Fundamental Freedoms)

Note the deletion of the terms 'protection' and 'fundamental freedoms' from the title! Hmm

The very lucrative Human Rights Act 1998

Human Rights today

We must recognise the very clear lawful and legal and equitable status of:

Definition

Intention

Where is the Definition?

Where is the Intention?

Intention! Intention! Intention!

UN INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Preamble:

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

International Covenant on Economic, Social and Cultural Rights

Preamble:

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols No. 11 and No. 14

The governments signatory hereto, being members of the Council of Europe,

Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10th December 1948;

Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;

Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;

Reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the human rights upon which they depend;

Being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration,

Why bother using Human Rights? There is a well funded and physical authority to support them

They are relatively easy to find and quote and are in plain English

Its a pick 'n' mix of articles and rights and freedoms and protections to select from

Bureaucrats and enforcement and the judiciary are legally obliged to recognise your FUNDAMENTAL Human Rights. Its included in their job descriptions and their Codes of Conduct/Rules of Practice/Constitutions etc

And they have been trained to FEAR Human Rights leglislation – Psychological advantage for you

Human Rights defines the existence of the Natural Person and the Legal Person (ECHR test cases for example that can be searched at http://www.bailii.org/). Don't forget to use the intention of the UDHR1948 which under Art30 is not to be interpreted by Govts, bodies etc for their advantage

There is a Human Right industry out there that will advise and represent you....for free in many cases

A breach of your Human Rights can develop into a tort

A breach of your Human Rights will be a breach of the Code of Conduct for whoever you are dealing with

Bangalore Principles govern the Justice industry/business. This ties in with our constitutional expectations of judicial fairness, freedom, impartiality, patience, honesty, integrity and INDEPENDENCE

Can be effectively used defensively and offensively

The organisations themselves will have their own internal HR people who can be used to do the work for you with you following behind with your private action once they've done the hard work

UN Statement on the obligations of States Parties regarding the corporate sector and economic, social and cultural rights.

Committee on Economic, Social and Cultural RightsForty-sixth sessionGeneva, 2-20 May 2011

As a result of globalization and the growing role played by non-state actors, the Committee increasingly addresses the obligations of States Parties regarding the impact of the corporate sector on the implementation of the rights under the Covenant. The corporate sector in many instances contributes to the realization of economic, social and cultural rights enshrined in the Covenant through inter alia input to economic development, employment generation, and productive investment. However, the Committee has also frequently observed that corporate activities can adversely affect the enjoyment of Covenant rights. Multiple examples of the related problems range from child labour and unsafe working conditions through restrictions on trade union rights and discrimination against female workers, to harmful impact on the right to health, standard of living, of including indigenous peoples, the natural environment, as well as to the destructive role of corruption. The Committee reiterates the obligation of States Parties to ensure that all economic, social and cultural rights laid down in the Covenant are fully respected and rights holders adequately protected in the context of corporate activities.

Quote this!

Chuck their own crap back at them!

Daily Mail article from 1st Dec 2011

“Monkeys throwing poo? It's actually a sign of INTELLIGENCE - especially if they score a hit

Prolific 'throwers' also tend to be good communicators

Brain scans show that throwers have developed speech centres

Throwing may have been a precursor to tool use in early humans - a step towards language“

So would it may be that Human Rights legislation is the natural evolution of the ancient art of poo throwing?