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  • Charlie Samaan 7

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    Summary of tips Preamble The preamble must pressure as a priority the universality of human legal rights for all men and women, without having restricting this on the basis of citizenship. This could consist of reference to the UDHR and other instruments such as the ICCPR and ICESCR Theory 7 of the preamble ought to be revised to replicate that while the appropriate to categorical oneself freely in community is important, non-public expression is also guarded Principles 4 – 6 ought to be revised to make very clear that countrywide unity and stability are not a situation for the enjoyment of human legal rights, but that these finishes can only be attained through respect for universal human rights The preamble must not make the acceptance of the Structure, or a person’s willingness to uphold it, conditional on spiritual faith or any other belief system. Status of international regulation The Structure need to consist of a focused provision on the position of intercontinental law International regulation ought to have primacy in excess of inside law, with the exception of the Constitution. Interior legislation may not be invoked to justify violations of intercontinental law The necessity that treaties infringing on “sovereignty” should be subject to referenda need to be clarified, and this must not be an obstacle to the ratification of human legal rights devices Treaties should only be repealed, modified or suspended in the way provided for in the treaty them selves. Appropriate to equality The correct to equality should be guaranteed to all men and women, regardless of citizenship status. All of the legal rights in the Constitution must be certain without having difference of any variety. The protected qualities in Write-up 38 need to be extended to incorporate: nationwide origin, race and color, property, start, political or other impression, sexual orientation and gender id. Write-up 10 and Post 11 ought to be eliminated from the Constitution because they promote damaging gender-dependent stereotypes. They need to be replaced by a provision explicitly stating the obligation on the Condition to attain the elimination of prejudices and customary and all other methods which are based mostly on the idea of the inferiority or the superiority of possibly of the sexes or on stereotyped roles for guys and women, as per Write-up 5 of CEDAW. Independence of Expression and View The title to Report 48 ought to reference both the appropriate to independence of impression and the appropriate to independence of expression The right to independence of expression should encompass the right to seek out, receive and impart info and suggestions of all types, irrespective of frontiers. Consideration ought to be presented to specifying that the appropriate to flexibility of expression by way of electronic and World wide web-dependent modes of interaction. Obtain to Info The right of obtain to data ought to be confirmed to all men and women, regardless of citizenship position The Structure must supply the optimistic obligation on general public bodies to proactively disclose information and recognise the theory of optimum disclosure The right of accessibility to info must implement to all details held by community bodies, and also to private bodies exactly where that information is essential for the workout or defense of any legal rights Charlie Samaan

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    Summary of tips Preamble The preamble must pressure as a priority the universality of human legal rights for all men and women, without having restricting this on the basis of citizenship. This could consist of reference to the UDHR and other instruments such as the ICCPR and ICESCR Theory 7 of the preamble ought to be revised to replicate that while the appropriate to categorical oneself freely in community is important, non-public expression is also guarded Principles 4 – 6 ought to be revised to make very clear that countrywide unity and stability are not a situation for the enjoyment of human legal rights, but that these finishes can only be attained through respect for universal human rights The preamble must not make the acceptance of the Structure, or a person’s willingness to uphold it, conditional on spiritual faith or any other belief system. Status of international regulation The Structure need to consist of a focused provision on the position of intercontinental law International regulation ought to have primacy in excess of inside law, with the exception of the Constitution. Interior legislation may not be invoked to justify violations of intercontinental law The necessity that treaties infringing on “sovereignty” should be subject to referenda need to be clarified, and this must not be an obstacle to the ratification of human legal rights devices Treaties should only be repealed, modified or suspended in the way provided for in the treaty them selves. Appropriate to equality The correct to equality should be guaranteed to all men and women, regardless of citizenship status. All of the legal rights in the Constitution must be certain without having difference of any variety. The protected qualities in Write-up 38 need to be extended to incorporate: nationwide origin, race and color, property, start, political or other impression, sexual orientation and gender id. Write-up 10 and Post 11 ought to be eliminated from the Constitution because they promote damaging gender-dependent stereotypes. They need to be replaced by a provision explicitly stating the obligation on the Condition to attain the elimination of prejudices and customary and all other methods which are based mostly on the idea of the inferiority or the superiority of possibly of the sexes or on stereotyped roles for guys and women, as per Write-up 5 of CEDAW. Independence of Expression and View The title to Report 48 ought to reference both the appropriate to independence of impression and the appropriate to independence of expression The right to independence of expression should encompass the right to seek out, receive and impart info and suggestions of all types, irrespective of frontiers. Consideration ought to be presented to specifying that the appropriate to flexibility of expression by way of electronic and World wide web-dependent modes of interaction. Obtain to Info The right of obtain to data ought to be confirmed to all men and women, regardless of citizenship position The Structure must supply the optimistic obligation on general public bodies to proactively disclose information and recognise the theory of optimum disclosure The right of accessibility to info must implement to all details held by community bodies, and also to private bodies exactly where that information is essential for the workout or defense of any legal rights Charlie Samaan

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    19 views2 pages

    Charlie Samaan 7

    Uploaded by

    parcel50doll
    Summary of tips Preamble The preamble must pressure as a priority the universality of human legal rights for all men and women, without having restricting this on the basis of citizenship. This could consist of reference to the UDHR and other instruments such as the ICCPR and ICESCR Theory 7 of the preamble ought to be revised to replicate that while the appropriate to categorical oneself freely in community is important, non-public expression is also guarded Principles 4 – 6 ought to be revised to make very clear that countrywide unity and stability are not a situation for the enjoyment of human legal rights, but that these finishes can only be attained through respect for universal human rights The preamble must not make the acceptance of the Structure, or a person’s willingness to uphold it, conditional on spiritual faith or any other belief system. Status of international regulation The Structure need to consist of a focused provision on the position of intercontinental law International regulation ought to have primacy in excess of inside law, with the exception of the Constitution. Interior legislation may not be invoked to justify violations of intercontinental law The necessity that treaties infringing on “sovereignty” should be subject to referenda need to be clarified, and this must not be an obstacle to the ratification of human legal rights devices Treaties should only be repealed, modified or suspended in the way provided for in the treaty them selves. Appropriate to equality The correct to equality should be guaranteed to all men and women, regardless of citizenship status. All of the legal rights in the Constitution must be certain without having difference of any variety. The protected qualities in Write-up 38 need to be extended to incorporate: nationwide origin, race and color, property, start, political or other impression, sexual orientation and gender id. Write-up 10 and Post 11 ought to be eliminated from the Constitution because they promote damaging gender-dependent stereotypes. They need to be replaced by a provision explicitly stating the obligation on the Condition to attain the elimination of prejudices and customary and all other methods which are based mostly on the idea of the inferiority or the superiority of possibly of the sexes or on stereotyped roles for guys and women, as per Write-up 5 of CEDAW. Independence of Expression and View The title to Report 48 ought to reference both the appropriate to independence of impression and the appropriate to independence of expression The right to independence of expression should encompass the right to seek out, receive and impart info and suggestions of all types, irrespective of frontiers. Consideration ought to be presented to specifying that the appropriate to flexibility of expression by way of electronic and World wide web-dependent modes of interaction. Obtain to Info The right of obtain to data ought to be confirmed to all men and women, regardless of citizenship position The Structure must supply the optimistic obligation on general public bodies to proactively disclose information and recognise the theory of optimum disclosure The right of accessibility to info must implement to all details held by community bodies, and also to private bodies exactly where that information is essential for the workout or defense of any legal rights Charlie Samaan

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    Charlie Samaan 7

    The title to Report 48 need to reference both the proper to liberty of view and the proper to independence of expression The appropriate to flexibility of expression should encompass the appropriate to seek, receive and impart information and suggestions of all types, irrespective of frontiers. Consideration should be offered to specifying that the proper to independence of expression by way of electronic and Net-dependent modes of conversation. Entry to Info The appropriate of obtain to data need to be confirmed to all folks, irrespective of citizenship standing The Constitution must offer the optimistic obligation on general public bodies to proactively disclose data and recognise the basic principle of maximum disclosure The proper of accessibility to information need to implement to all information held by general public bodies, and also to non-public bodies where that information is essential for the exercising or defense of any rights Limits on the correct of entry to data should comply with Report 19(three) of the ICCPR, and constraints must be justified on the foundation of the harm and public desire assessments. Peaceful Assembly Article 53 need to shield the correct to independence of tranquil assembly, and references to quiet assemblies must be taken off The correct to organise and participate in tranquil assemblies need to be certain Article fifty three need to location a optimistic obligation on the condition to facilitate the exercising of the right to freedom of peaceful assembly The right to liberty of tranquil assembly need to not be limited on the foundation of citizenship position Restrictions on the right to freedom of peaceful assembly, such as notification demands, need to comply with the 3-portion test below Report 22 of the ICCPR The right to independence of tranquil assembly in non-public does not require different defense. The right to privateness must be protected comprehensively in a different provision. Limitations on legal rights The Structure ought to specify which legal rights cannot be qualified or restricted, such as the appropriate to freedom of view, as safeguarded by Post 19(one) of the ICCPR. The Constitution ought to supply advice on the limitation of legal rights that are not absolute, and in relation to the appropriate to flexibility of expression and details, and the right to flexibility of tranquil assembly, these need to comply with Write-up 19(3) of the ICCPR and

    Post 22 respectively. Media Independence The new Constitution must give explicit protection for liberty of the media and specifically protect the subsequent components of media independence: There ought to be no prior censorship. There need to be no licensing or registration system for the print media. There need to be no licensing of personal journalists or entry specifications for practising the occupation. The independence of all bodies with regulatory powers in excess of the media, such as governing bodies of community media, must be certain. The correct of journalists to safeguard their confidential sources of details must be confirmed. Journalists ought to be cost-free to associate in specialist bodies of their option. Appropriate to religion or belief Posts two and 3 need to be taken out. The Structure need to not build a Point out religion, or privilege a single spiritual lawful technique, this kind of as Sharia, more than any other. Charlie Samaan

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