[Wp4] Merged document

Nigel Roberts nigel at channelisles.net
Mon Sep 21 09:45:01 UTC 2015


I agree with one of these proposals and disagree with one.

 > -              add „…and other international human rights 
instruments“ as the UDHR does not cover all affected human rights;

I agree with this proposed addition.


 > -              eliminate „fundamental“, as all human rights need to 
be respected;

I agree with the principle of this. I disagree with the proposed execution.

I agree in so far as "fundamental" must not be used as a restrictive 
qualifier.

However its removal would appear to act as a restrictive qualifer, and 
imply that human rights adhere to natural persons alone.

We know (e.g. from Yukos -v- Russia) that legal persons also have 
fundamental (a.k.a. "human") rights.

And the title of one of the most influential instruments (which, I am 
sure is included in reference to "other international human rights 
instruments" is :-

"The European Convention for the Protection of Human Rights and 
Fundamental Freedoms".

I therefore submit that the exact phrase we should use needs to be

"fundamental AND human rights"

(in preference to "fundamental human rights").

I trust this meets with approval?



> We have had a look at the proposed document and would like to suggest the following changes to the proposed Bylaws wording:
>
> -              eliminate „fundamental“, as all human rights need to be respected;
> -              add „…and other international human rights instruments“ as the UDHR does not cover all affected human rights;
>


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