UNITE FOR RIGHTS: Unite for the Global Bill of Rights

Professor Kirk Boyd (first from left) hosted a side event at the 42nd session of the Human Rights Council on 18 September 2019 on behalf of the NGO. Prof. Alfred Maurice de Zayas is holding the “Global Bill of Rights” UNITE FOR RIGHTS www.uniteforrights.org

By A. de Zayas - 22. September 2019 - update 29.09.2019

Greetings! Please make a GENERAL COMMENT here about a Global Bill of Rights, and you can also read comments made by others. Look below to make a comment about a specific Article. All comments receive a response, and our Drafting Committee votes on whether to change the wording of this draft document based upon your suggestion. Unite appreciates your time, and if your comment results in a change in wording you will be sent, in your own currency, the equivalent of between $10 – $100 Euros.  Thank you!

         Preamble

          We the people of our international community, our human family, declare that there are certain fundamental rights that are inherent in every human being, that they are unalienable for all people in all countries, and they are enforceable in the courts of all countries:

Section I  –  Fundamental Rights

  • Article 1      (Human Dignity)

    Human dignity is the source of all human rights, and every person can enforce in court the rights stated herein, whether they are in their homeland, or any foreign land.

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  • Article 2     (Freedom of Speech and the Media)

    Every person, and the media, has the right to freedom of speech and expression; this right includes freedom to see, receive and share information and ideas on public property, or private property that has been opened to the public such as shopping centers, whether the ideas are popular or not, and to freely criticize government, religious or business leaders through any media and regardless of borders.

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  • Article 3     (Education)

    Everyone has the right to education from pre-school through college, for free or low cost, as defined by law. Parents have the responsibility to enroll their children in school, unless comparable schooling is offered at home.

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  • Article 4      (Freedom of Assembly and Association)

    Everyone has the right to gather peacefully, in small groups or large ones, without weapons, and to hold meetings, rallies, demonstrations, marches and pickets in public squares and other public places.

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  • Article 5     (Health Care)

    Everyone has a right to free or low cost health care, including pre-natal, vision, dental and mental care, as well as sufficient food necessary for good health, as defined by law.

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  • Article 6     (Life)

    States may not practice capital punishment, and given that weapons of mass destruction entail a grave threat to the right to life of all humanity, the use of weapons of mass destruction, including nuclear, chemical, biological or other similar 
types of weapons, is prohibited.

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  • Article 7     (Physical Integrity)

    Torture, or cruel and degrading treatment is prohibited.

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  • Article 8     (Freedom of Religion)

    Everyone has the right to choose his or her own religious beliefs, or to have no religion, and government
and religion shall remain separate.

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  • Article 9     (Equality)

    Everyone is equal before the law and entitled to equal protection of the law, no one 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. In order 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.

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  • Article 10  (Representation and Voting)

    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. Anyone 18 years old, or older, has the right to run for office and to have the chance for election through a secret ballot. To ensure opportunities for widespread participation within the democratic process, and to protect against corruption, no political representative shall serve more than 18 years in one position. Public funds shall be provided to candidates for national office, as defined by law. 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 twice the median income for the country in which the person resides.

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  • Article 11     (Environment)

    Everyone has the right to a clean and healthy environment, including water that is safe to drink, food that is safe to eat, and air that is safe to breathe. In addition, both for the benefit of future generations and for the species themselves, there is also a right to the preservation of species and their habitat. All large scale development projects shall consider environmental impacts, including the opportunity for public review and comment.

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  • Article 12     (Shelter)

    Everyone has the right, along with his or her family, to shelter with safe water, electricity, and sanitary conditions, as defined by law, and every person or family given assistance with shelter has a responsibility to temporarily work at that shelter, or elsewhere.

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  • Article 13     (Physical and Intellectual Property)

    Everyone has the right to own, buy and sell property. The government may not take private property except for public use, and if it does, then it must pay market price for the property. The government must publish a public record showing precisely who owns a piece of property, and what boundaries and limitations exist for the property. Also, everyone engaged in cultural, artistic and scientific fields has the right to the protection of their intellectual property.

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  • Article 14     (Labor)

    Everyone has the right to choose his or her occupation or profession and to a living wage for their work, as defined by law, as well as the right to form and join a union and to participate in the activities and programs of a union, including the right to strike and collective bargaining.

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  • Article 15     (Privacy and Information)

    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; therefore, eavesdropping or surveillance of private communications or relationships is forbidden without a court order as part of a criminal investigation. In addition, everyone has a right to access, obtain, and correct information collected about them by the government or private companies, unless such information is part of a criminal investigation or prosecution.

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  • Article 16     (Family Life)

    People of full age have the right to marry and choose who they will marry. Also, men and women are entitled to equal rights at marriage, during marriage and at its dissolution.

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  • Article 17     (Children)

    Every child has the right to a name and a nationality from birth and no child under 18 may be recruited as a soldier or otherwise used in armed conflict, even voluntarily. Children 16 or younger shall not work full time during school hours unless provisions for home schooling have been established, as defined by law.

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  • Article 18     (Citizenship and Movement)

    Everyone has the right to a document of citizenship. No citizen may have his or her citizenship revoked, nor may any citizen be denied the right to enter freely and leave his or her country, but citizens also have the responsibility to share the costs of public expenditures, including the payment of taxes. To prevent the misuse of taxes, any person who presents evidence to their government of the improper use of government funds, and the government retrieves some or all of those funds, may receive 5%-20% of that amount, plus attorney’s fees and costs, as determined by the Court.

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  • Article 19     (Culture)

    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 that such exercise does not prevent the traditions of others, or violate the rights embodied in this Bill of Rights.

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  • Article 20     (Arrest and Fair Trial)

    No person shall be arrested or imprisoned without a judicial warrant, unless the arrest occurs during, or shortly after, the commission of a crime. An arrestee has the right to counsel. Any charges shall be made in a courtroom open to the public, including the news media. The arrestee has the right to personally appear in court and have the validity of the arrest or detention determined within 72 hours by an independent judge. They also have the right to have their counsel and public present when this determination is made. Everyone who is charged with any criminal offense has the right to be released prior to trial absent a showing that they will flee or are a danger to others. Trial includes a fair public hearing within three months from arrest by an independent and impartial court, or a jury of at least six of his or her fellow citizens, at the choice of the person arrested. The person charged has the right to be presumed innocent until proven guilty.

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  • Article 21     (Search and Seizure)

    Everyone is protected from unreasonable searches and seizures of his or her person, home, car and belongings such as a phone or computer, among other things, therefore, a warrant must be obtained from the court prior to the search or seizure unless the search or seizure occurs during or shortly after the commission of a crime, there is a threat of danger to the officer or another person, and there is evidence linking the items seized to the crime.

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  • Article 22     (Due Process of Law)

    Everyone is entitled to fair procedures to safeguard his or her rights, therefore, no one may be deprived of life, liberty, or property without due process of law. To insure the full realization of rights, everyone is entitled to counsel in a court of law when the rights listed in this Bill of Rights are at issue against the government, a government official, or a private individual acting closely with government officials or on behalf of the government. a court of law.

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  • Article 23     (Responsibility for Violation of Rights)

    Any private individual, private or public company, or public official, agent or employee of the government, as well as the government itself, that violates the rights set forth in this Bill of Rights, is not immune from liability, qualified or otherwise, and is responsible to pay damages, including attorney’s fees and costs, to the person whose rights have been violated.

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  • Article 24     (Trial for Violation of Rights)

    Any person, organization, or company who claims a violation of this Bill of Rights by government officials, agents, or employees, or any private individual or private or public company, shall have a right to a trial by a judge, or a jury of at least six of his or her fellow citizens, at their selection, to decide if these rights have been violated, and they may also obtain injunctive relief from the Court either stopping or requiring an act in accordance with the application of the rights herein. Whether the case is decided by the Court, or a jury, a written public decision will be issued, determining if these rights have been violated.

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  • Article 25    (Independent Judiciary)

    All judges are beholden to the fair and impartial interpretation of this Bill of Rights, and not the nation from which they were appointed, or any other nation, or private entity. Judges must be independent and impartial at all times, therefore, no person shall give a judge any money, gift or service other than the judge’s official salary, and no party to a case, nor any person acting on his or her behalf, may speak to a judge about a case without the presence of, or at least knowledge of, the other party. Judicial independence requires financial independence, and no judge shall earn less than three times the national median income in the country where they preside.

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  • Article 26     (Funding Rights and Courts)

    The rule of law and rights herein benefit the citizens and businesses of all countries, therefore, each ratifying country shall annually contribute one percent of its gross domestic product into an international fund for the creation, use and support of educational, healthcare and judicial facilities, and salaries internationally, including the Courts described in Articles 27-34. The funding shall be distributed by an independent international non-governmental organization comprised of leaders appointed in a similar manner to the judges on the International Court of Human Rights described below.

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                              Section II  –  International Court of Human Rights

  • Article 27     (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 Bill of Rights in its entirety, without reservation. Regional Courts, subject to review by the International Court, and composed of one judge from each country in the region, shall also be organized through the continued operation of existing regional courts, and the creation of new ones.

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  • Article 28     (Terms of Service for Justices)

    The judges’ terms for the International Court of Human Rights and the Regional Courts shall be six years and no judge may serve more than three terms. Each judge shall have four law clerks, selected by the judge, with at least two of the four coming from countries different than the country that nominated the judge.

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  • Article 29     (Application of the Bill of Rights in all Countries)

    The rights included in this Bill of Rights may be raised before the courts of all countries, as well as all regional courts, and the International Court of Human Rights.

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  • Article 30     (Supremacy of Rights)

    This Bill of Rights establishes a minimum standard to which all people are entitled, and is superior to any conflicting law. Any country may enact a law or interpret its own Constitution to provide for rights greater than those guaranteed by this Bill of Rights.

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  • Article 31     (Submissions of Claims in the Country of Origin)

    No claim for a violation of rights 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, including an appeal to the highest domestic appellate court, as well as any Regional Court. A case may, however, originate at the Regional Court if there is a showing of strong and convincing evidence that redress from the domestic court is untimely or impracticable.

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  • Article 32     (Hearings)

    Once a case has been admitted at either the Regional or International Court level, oral argument shall be the norm, and the public, including the media, shall be allowed to be present. Regional Courts shall establish their own hearing procedures, but Chambers must be subject to review by three quarters of the Regional Court, randomly selected, if a majority votes to review the decision of a Chamber. Cases before the International Court are heard by Chambers of 25 judges, 24 randomly selected, along with the judge from the country in which the case arose. A Chamber’s decision may be reviewed by the full Court if a majority of the judges on the Court agree to review it.

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  • Article 33     (Court Decisions)

    A written decision by the majority of the Chamber, in either the Regional or International Court, 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. The same process shall be used for review of Chamber decisions at the Regional or International level.

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  • Article 34    (Enforcement of Decisions)

    Decisions of the International Court of Human Rights are enforceable through the domestic courts in the country from which the case arose. Failure of any government to comply with the decisions of the Court may result in expulsion from the International Bill of Rights treaty following a vote of two-thirds of the judges of the International Court.

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Please join us and sign your name to support the “Global Bill of Rights”.

Global Bill of Rights

UNITE FOR RIGHTS   www.uniteforrights.org

In Room XXV at the Palais des Nations. We have been drafting and present the Global Bill of Rights, an attempt to make human rights truly juridical and enforceable,still an open-ended work-in-progress. The project was earlier presented at Berkeley University Law School with the participation of among others the first High Commissioner for Human Rights Dr. Jose Ayala Lasso, the Acting High Commissioner Professor Bertrand Ramcharan, Professor Manfred Nowak the late Professor David Caron and other luminaries.

 

Alfred de Zayas

Alfred Maurice de Zayas {born 31 May 1947 in Havana, Cuba), also known as Alfred de Zayas, is an American lawyer, writer, historian, a leading expert in the field of human rights and international law. From 2012 until April 2018, he was the United Nations (UN) Independent Expert on the Promotion of a Democratic and Equitable International Order (also known as Special Rapporteur), appointed by the United Nations (UN) Human Rights Council.

 

 

ADDENDUM:

It is blieved to be worth the effort to incorporte as foundation to the above outlined bill the

Treaty of the International Tribunal for Natural Justice

Having awakened to the truth that since the moment of our birth We have been contracted to corporate institutions which by their very nature serve neither people nor planet, and in hereby revoking in earnest all such contracts which have blinded, encumbered, and sought to separate us from our most noble expression, We now claim a rightful place in this world which the Supreme Creator within has provided for us all, as equals amongst all, and will take such action as to ensure the restoration of truth and justice for all people of the world.

We have met with such a truth, as We have come to know it, understand it, and embrace it, and now choose to be ruled by it for the rest of our days.

We, according to the solemn duty as aforesaid, and per the dictate of conscience, ratify the present treaty with the earnest intention that truth and reason be restored to the delivery of justice in the world.

And so, recognising that in Truth:

i. Law in its purest form requires nothing more or less than that we each do no harm.

ii. Harm in any form is only ever caused by natural persons, regardless of whether or not the natural person may claim to be operating under corporate dictate, colour of law, or otherwise.

iii. Harm in any form is only ever capable of being suffered by natural persons, regardless of whether or not the harm suffered may have been so suffered through a natural person's artificial externalities.

iv. Neither corporate immunity, nor colour of right, can indemnify a natural person for harm caused to another.

v. No natural person is bound by the unlawful ruling of a de facto court where they are not a consenting party with full knowledge of the manner in which their consent is given.

We are the natural men and women of the world, pursuant to the ultimate goal of realising equal rights and dignity for each member of the human family.