Establishing structures in which every individual can participate in forming a universal consensus as to basic human rights upon which all judicial discussions will be based. The effect is to enable the forming of a local-global up-to-date consensus in every period of time which will be a stable but changing basis for judicial decisions.
An integral part of recontextualizing judicial procedures through the establishment of a system of decision-making accountable to the demands both of the individual and of the global context.
Tactics include: carrying out comprehensive in-depth research of judicial structures and of philosophies and concepts of justice around the globe throughout all of history; input plan to develop strategies, tactics and a timeline formed into an effective battle plan which would lay the groundwork across the globe for the implementation of structures which would build and sustain global consensus on principles of justice; structural development to plan and test the structures which themselves will build and sustain global consensus on principles of justice; and public training for populace in such a way as to enable it to participate creatively in structures which will build and sustain global consensus on principles of justice. An example is visits by existing local groups to courts, considering the Universal Declaration of Human Rights, and coming to an informed consensus on basic human rights that the judicial process is out to ensure.
The Universal Declaration of Human rights was adopted and proclaimed by the United Nations General Assembly resolution 217A (III) of 10 December 1948.
Article 1 – 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.
Article 2 – Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3 – Everyone has the right to life, liberty and security of person.
Article 4 – No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5 – No one shall be subjected to torture or top cruel, inhuman or degrading treatment or punishment.
Article 6 – Everyone has the right to recognition everywhere as a person before the law.
Article 7 – 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 in violation of this Declaration and against any incitement to such discrimination.
Article 8 – Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by the law.
Article 9 – No one shall be subjected to arbitrary arrest, detention or exile.
Article 10 – Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11 – (1) Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trail at which he has had all the guarantees necessary for his defence; (2) 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.
Article 12 – 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.
Article 13 – (1) Everyone has the right to freedom of movement and residence within the borders of each State; (2) Everyone has the right to leave any country, including his own, and return to his country.
Article 14 – (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution; (2) This may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15 – (1) Everyone has the right to a nationality; (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16 – 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.
Article 17 – (1) Everyone has the right to own property alone as well as in association with others; (2) No one shall be arbitrarily deprived of his property.
Article 18 – Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practise, worship and observance.
Article 19 – 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.
Article 20 – (1) Everyone has the right to freedom of peaceful assembly and association; (2) No one may be compelled to belong to an association.
Article 21 – (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives; (2) Everyone has the right to equal access to public service in his country; (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22 – Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resource of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23 – (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment; (2) Everyone, without any discrimination, has the right to equal pay for equal work; (3) 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; (4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24 – Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holiday with pay.
Article 25 – (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control; (2) Motherhood and child hood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26 – (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit; (2) 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 promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United nations for the maintenance of peace; (3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27 – (1) 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; (2) Everyone has the right to the protection of the moral and material interest resulting from any scientific, literary or artistic production of which he is the author.
Article 28 – Everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized.
Article 29 – (1) Everyone has duties to the community in which alone the free and full development of his personality is possible; (2) 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; (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30 – Nothing in this Declaration may be interpreted as implying for any State, 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 set forth herein.
The European Commission has selected a European consortium led by the British Council to implement the EU-China legal and judicial cooperation programme. This programme aims to support efforts to strengthen the rule of law in China. It is due to start in March 2000 and will comprise training and awareness raising activities for Chinese legal practitioners. It will expose selected lawyers, judges and prosecutors to key areas of EU and national law such as civil and criminal procedure, administrative law, consumer protection, competition law, and intellectual property rights. By helping to develop a sound, transparent, predictable legal system, and an accessible, modern and fair judiciary, the programme will underpin moves towards a society more firmly based on respect for human rights. It will also improve the climate for European business and investment in China. The EU-China legal and judicial cooperation programme will be the largest and most far-reaching international cooperation project of this kind in China.