30 April 2012

Basic rights - constitutional text

In previous posts with the tag "basic rights", I discussed the rights that are to be present in the text of the European federal constitution, now I bring their reading in the form of the constitutional text. So, all the discussed rights read in my proposal as follows:

Chapter two - Fundamental rights and freedoms
1. Equity among people
(a) All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
(b) Everyone is entitled to all the rights and freedoms determined in this chapter, without distinction of any kind, such as race, colour, sex, sexual orientation, physical disability, language, religion, personal opinion, national or social origin and nationality.

2. Right to life, personal liberty and security
(a) Everyone has the right to life, liberty and security of person.
(b) The death penalty is inadmissible.
(c) No one shall be held in slavery or servitude; slavery and the human trade shall be prohibited in all their forms. Nobody shall be compelled to forced labour.
(d) Duties may be imposed only by the law and within its limits. Nobody may be forced to do what the law does not command.
(e) No one shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment or punishment.
(f) No one may be without his consent subjected to interventions in his physical and mental integrity.

3. Rights of judicial protection
(a) All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination.
(b) No one shall be subjected to arbitrary personal search, detention, arrest or deportation from residence. Whoever was arrested or detained in conformity with the law has the right to be treated with respect for human dignity.
(c) Any detained person shall without delay and in the way comprehensible for him be informed of the reasons for the detention, questioned, and not later than within fourty-eight hours released or turned over to a court. Within twenty four hours of having taken over the detained person, a judge shall question such person and decide whether to place in custody or to release the person.
(d) Only the law determines which acts constitute a crime and what penalty may be imposed for them. The severity of penalties must not be disproportionate to the criminal offence.
(e) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal 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 penal offence was committed. committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable. Sentences are not transferable and replaceable.
(f) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(g) No one may be tried and penalized twice for the same action or omission.
(h) Everyone has the right to refuse a statement against himself or a close person.
(i) Any evidence against the accused obtained by torture or in any other illegal way are of no effect.
(j) Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.
(k) Everyone has the right to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
(l) Nobody shall be against his will denied his statutory judge. Exceptional tribunals are prohibited.
4. Right to privacy
(a) No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
(b) Secrecy of messages kept in privacy or sent by post, telephone, through computer networks or in any other way is inviolable. It can be restricted only in the cases of necessity by justified decision of court on the basis of the law. Everyone has the right to secure privacy of information that he stores or sends.
(c) Everyone has the right to the protection of personal data concerning him. Gathering personal data must be justified and for specified purposes; personal data may be stored only with consent of the person concerned. Everyone has the right to access to data which has been collected concerning him and the right to have incorrect data rectified and to deletion of data gathered without justification. Genetic information can be obtained only in the cases of significant necessity and to store it deserves extraordinary attention.
(d) The habitation is inviolable. No house search can take place except in the cases provided for by law and in the form prescribed by it.
5. Freedom of speech and opinion
(a) Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The freedom of the mass media must not be restricted by political power, economic power or any other power.
(b) Freedom of expression can be restricted only with regard to protection of human rights and democratic regime.
(c) Everyone has the right to freedom of religion; this right includes freedom to change his religion or to be without religion, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Freedom to manifest one's religion or beliefs can be subject only to such limitations that are prescribed by the law and are necessary in a democratic society in the interests of the protection of the rights and freedoms of others.
(d) The public authority may not promote any religion.
6. Right of assembly
(a) Everyone has the right to freedom of peaceful assembly and association.
(b) Everyone has the right to constitute associations without prior authorization, to join them and to participate in their activity. Para-military associations and associations expressing hostility against the democratic regime are unacceptable.
(c) Open-air assemblies can be limited by just principles of preserving health, security, public order and property in the way determined by the law.
(d)  No one may be compelled to belong to an association or to participate in public assemblies.
7. Political rights
(a) Everyone has the right to take part in the government of his country, both directly and through freely chosen representatives. The right to vote of everyone is equal and may not be conditional on else than age. No one is allowed to restrict the right of the people to directly decide about public affairs.
(b) Administration of public affairs emanates from the people and is based on the will of the people. No one is above the law. All persons shall exercise public authority properly and conscientiously in favour of the people and are criminal liable for their activities.
(c) Public authority bodies are responsible to the people. The people has the right to express disagreement with actions of them who exercise the public authority and to take away entrusted competence from them.
(d) Everyone has the right to equal access to public service in his country.
(e) Citizens of every state have the right to join together in territorial units endowed with autonomy, particularly municipalities. All public affairs that can satisfactorily be carried out by the autonomous territorial units of all levels shall in reasonable extent belong to their competence.
(f) Everyone has the right to refuse to perform military service on the grounds of conscience.
(g) Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
(h) Everyone unjustly persecuted in his country has the right to asylum in the European Union.
(i) No one may be removed, expelled or extradited to a state where there is a serious risk that he would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
(j) Political parties and political movements as well as other associations are separated from the state.
(k) Everyone alone or together with others has the right to address petitions to the public authorities; no disadvantages may arise from it. Petitions may not be used for the purpose of appeals to violate the fundamental rights and to interfere with the independence of the courts. The authorities have to take cognizance of petitions.
(l) Tasks resulting from administration of public affairs are fulfilled by bodies of the public authority subordinated to democratic control.
(m) Public authorities of the states and the autonomous units protect rights of ethnic, national and language minorities; they support free development of their culture, customs and language. The national or ethnic identity of any individual shall not be used to his detriment.
(n) Everyone has the right that bodies of the public authority handle his affair impartially, fairly and within a reasonable time. Decisions of bodies of the public authority must be provided with reasons. Everyone has the right to compensation for injustices caused by public authorities.
(o) Everyone has the right to obtain information on the activities of bodies of the public authority as well as persons discharging public functions.
8. Right of free movement and residence
(a) Everyone has the right to freedom of movement and choice of residence in the whole territory of the European Union.
(b) Everyone has the right to leave the territory of the European Union and to return to it again. A foreign citizen may be expelled only in cases specified by the law.
9. Social rights
(a) Everyone has the right to work, to free choice of employment in any place of the European Union, to just and favourable conditions of work and to protection against unemployment.
(b) Everyone, without any discrimination, particularly by sex or nationality, has the right to equal pay for equal work.
(c) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. The amount of pay may not go down under the minimal limit determined by the law.
(d) Everyone who cannot without own fault find a work for which he has qualification has the right to decent support of his fundamental needs from the the society. Conditions under which this support is given or removed may not be degrading and independent on the individual's will.
(e) Everyone has the right to form and to join trade unions for the protection of his interests. Trade union associations are separated from employers, the state and political parties.
(f) Trade unions or other employees associations have the right to supervise the management of enterprises and to be informed about all measures of enterprises by which they can be affected. They have the right to defend their interests by collective action and the strike. The right of workers indispensable to maintain order in the society to the strike can adequately be limited.
(g) The right of workers to job security is safeguarded.  Dismissals without just cause or for political reasons or reasons based on belief are forbidden.
(h) The public authority shall make such conditions that working people can join decisions on disposal of outcomes of their work.
(i) Fruits of labour shall be used to satisfy material, social and cultural needs of all members of the society and to strengthen solidarity of the society.
(j) Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
(k) Women, particularly during pregnancy and after childbirth, as well as minors, physically disabled persons and those engaged in activities requiring particular effort or working in health endangering conditions are entitled to special protection at work.
(l) Everyone has the right to protection from dismissal for a reason connected with maternity and child care. Paid parental leave is guaranteed. Support in parental leave must not be smaller than the minimum wage.
(m) Persons with disabilities have the right to measures designed to ensure their independence, social and occupational integration and participation in the life of the community.
(n) Mentally disabled persons enjoy all the rights and are subjected to all the duties embodied in this Constitution, except for the exercise or performance of those for which their disablement renders them unfit.
(o) The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age.
(p) Everyone has the right to leave off his working activity in age when his powers fail him and to live the rest of his life with material support from the society. Elder persons have the right to  lead a life of dignity and independence and to participate in social and cultural life.
(q) Everyone has the right for himself and his family to a dwelling of adequate size satisfying standards of hygiene and comfort and preserving personal and family privacy.
(r) Everyone has the equal right of access to preventive health care and the right to benefit from necessary medical treatment paid from the public health insurance regardless of his material circumstances. The society shall struggle for full health of every individual.
(s) The public authority shall guarantee access to the enumerated social rights to everyone and their fulfilling. No one can be a full citizen of the democratic society if his social rights are not fulfilled.
10. Family rights
(a) The family is the natural and fundamental group unit of society and is entitled to protection by society and the state.
(b) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(c)  Marriage may be entered into only with the free and full consent of the intending spouses.
(d) All children, whether born in or out of wedlock, shall enjoy the same social protection.
(e) Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
(f) Children may not be separated from their parents unless the latter fail to perform their fundamental duties towards the former, and then only by judicial decision.
(g) Every child shall have the right to maintain  direct contact with both his parents, unless that is contrary to his interests.
11. Property and economical rights
(a) Everyone has the right to own and to use property alone as well as in association with others and to freely bequeath it. All kinds of property are of equal value and deserve equal protection by the society.
(b) No one shall be arbitrarily deprived of his property. Expropriation or forcible limitation of the ownership right is possible only in public interest and on the basis of the law, and for just compensation.
(c) Obligation of everybody, whether a natural person or legal entity, to appropriately contribute from own property and incomes to public expenditure in proportion to own tax capacity is not considered restriction of proprietary rights.
(d) To use property must not be at variance with public interest and particularly in variance with the rights and freedoms contained in the Chapter two of the Constitution of the European Union; for the reason, it shall in necessary measure be regulated by the law.
(e) Mineral wealth, forests, rivers, lakes, sea water and sea bed, natural underground cavities and underground water, atmosphere, water and power supply, public roads and railways, archaeological and cultural facilities and other property and enterprises that have or that may acquire the character of a public service or de facto monopoly shall be in public domain.
(f) Economic power has to be subordinated to democratic political power and shall be regulated so that it serves the general welfare of all citizens of the European Union.
12. Cultural rights
(a) Everyone has the right to education. Elementary education is compulsory and free of charge. Higher education shall be equally free of charge and equally accessible to all on the basis of merit.
(b) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms, it shall contribute to overcome economic, social, and cultural imbalances, to enable citizens to participate on a democratic basis in a free society and to promote mutual understanding, tolerance, and a spirit of solidarity. Education of individuals shall be contribution to the society.
(c) Everyone has the right to choose his occupation and to prepare for it how and where he wishes.
(d) Parents have a prior right to choose the kind of education that shall be given to their children.
(e) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(f) Freedom of cultural expression may not be restrained. Universities and other schools of tertiary education are entitled to autonomy of research and administration.
(g) Freedom of scientific research is guaranteed if the research is not performed by violating human rights or by cruelty to animals and if its objective is not at variance with the rights and freedoms contained in the Chapter two of the Constitution of the European Union.
(h) Research activities aiming at the selection of persons or their cloning are prohibited.
(i) Everyone has the right to live in the satisfying environment and the duty to protect the environment. Protection of the environment is public interest.
(j) Everyone has the right to obtain true and full information on state of the environment from bodies of the public authority and to obtain true and full information on influence of their activity on the environment from economic entities.
13. Enforcement of rights
(a) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(b) Nothing in the Chapter two of the Constitution of the European Union may be interpreted as implying for any group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms determined herein.
(c) The rights and freedoms contained in the Chapter two of the Constitution of the European Union can be restricted in the case of urgent and inevitable need, particularly a military attack or a grave natural disaster. Restriction of fundamental rights and freedoms must be only temporary, limited by place, appropriate to the need, justified with public interest and grounded by the law.
(d) All citizens of the European Union have the right to resist anyone seeking to abolish or to empty the rights of the Chapter two of the Constitution of the European Union, should no other remedy be possible.
(e) It is the duty of all natural persons and legal entities without an exception as well as all bodies of the public authority, both state ones and sub-state ones to follow all provisions of the Chapter two of the Constitution of the European Union. Endeavour of all shall be aimed at that all rights and freedoms contained in this chapter are fulfilled.
(f) All rights and freedoms contained in this chapter are, without an exception, in force in all member states of the European Union, in all other territories of the Union and in all territories that are temporarily subordinated to its jurisdiction as well as in all associated states and the territories that are permanently or temporarily subordinated to their jurisdiction.
(g) The European Union and the associated states shall perform such activity that just international order is established and that the rights and freedoms determined in the Chapter two of the Constitution of the European Union are recognized and applied everywhere.