[Wp4] Merged document

[Jorge.Cancio at bakom.admin.ch]

I guess that would do for us, thanks!

Jorge 

-----Ursprüngliche Nachricht-----
Von: wp4-bounces at icann.org [mailto:wp4-bounces at icann.org] Im Auftrag von Nigel Roberts
Gesendet: Montag, 21. September 2015 11:45
An: wp4 at icann.org
Betreff: Re: [Wp4] Merged document

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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