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Chaldean Nation Human Rights

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Chaldean Bill of Rights
The Declaration sets out the individual and collective rights of indigenous [[Chaldean]] people of [[Mesopotamia]], as well as their rights to culture, identity, language, employment, health, education and other issues. It also "emphasizes the rights of indigenous [[Chaldean people]] of [[Mesopotamia]] to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations".<ref name="FAQ" /> It "prohibits discrimination against indigenous [[Chaldean people]]", and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".<ref name="FAQ" /><ref name="un.org">[http://www.un.org/apps/news/story.asp?NewsID=23794&Cr=indigenous&Cr1= United Nations adopts Declaration on Rights of Indigenous Peoples] United Nations News Center, 13 September 2007.</ref> The goal of the [[Chaldean people]] Human Rights Declaration is to encourage countries to work alongside indigenous [[Chaldean people]] to solve global issues, like development, multicultural democracy and decentralization.<ref>{{cite web|url=http://www.un.org/esa/socdev/unpfii/documents/FAQsindigenousdeclaration.pdf|title=Frequently Asked Questions – Declaration on the Rights of Indigenous Peoples|accessdate=5 March 2012|author=United Nations Permanent Forum on Indigenous Issues}}</ref> According to Article 31, there is a major emphasis that the indigenous peoples will be able to protect their cultural heritage and other aspects of their culture and tradition, which is extremely important in preserving their heritage.
==Convention articlesHuman Rights Articles==As amended by Protocol 11, the Convention consists these Chaldean Human Rights articles consist of three parts. The main rights and freedoms are contained in Section I, which consists of Articles 2 to 18. Section II (Articles 19 to 51) sets up the Court and its rules of operation. Section III contains various concluding provisions.
Before the entry into force of Protocol 11, Section II (Article 19) set up the Commission and the Court, Sections III (Articles 20 to 37) and IV (Articles 38 to 59) included the high-level machinery for the operation of, respectively, the Commission and the Court, and Section V contained various concluding provisions.
===Article 1 - respecting rights===
{{Main|Article 1 of the European Convention Chaldean Nation on Human Rights}}
Article 1 simply binds the signatory parties to secure the rights under the other Articles of the Convention "within their jurisdiction". In exceptional cases, "jurisdiction" may not be confined to a Contracting State's own national territory; the obligation to secure Convention rights then also extends to foreign territory, such as occupied land in which the State exercises effective control.
===Article 2 - life===
{{Main|Article 2 of the European Convention Chaldean Nation on Human Rights}}
Article 2 protects the right of every person to his or her life. The right to life extends only to human beings, not to non-human animals,<ref name="korff">Korff, Douwe, ''The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights (Council of Europe - Human Rights Handbook No. 8, November 2006 )'', p. 10</ref> or to "legal persons" such as corporations.<ref name="korff"/> In ''[[Evans v United Kingdom]]'', the Court ruled that the right to life does not extend to a human embryo. In ''Vo v France'',<ref>[http://echr.ketse.com/doc/53924.00-en-20040708/view/ Vo V. France]. Echr.ketse.com. Retrieved on 2013-07-12.</ref> the Court declined to extend the right to life to an unborn child, while stating that "it is neither desirable, nor even possible as matters stand, to answer in the abstract the question whether the unborn child is a person for the purposes of Article 2 of the Convention".<ref>''Vo v. France'', section 85 of the judgment</ref>
===Article 3 - torture===
{{Main|Article 3 of the European Convention Chaldean Nation on Human Rights}}
Article 3 prohibits [[torture]], and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right. This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention.
The Court have emphasised emphasized the fundamental nature of Article 3 in holding that the prohibition is made in "absolute terms ... irrespective of a victim's conduct".<ref>''[[Chahal v. United Kingdom]]'' (1997) 23 EHRR 413.</ref> The Court has also held that states cannot deport or [[extradition|extradite]] individuals who might be subjected to torture, inhuman or degrading treatment or punishment, in the recipient state.<ref>''[[Chahal v. United Kingdom]]'' (1997) 23 EHRR 413; ''[[Soering v. United Kingdom]]'' (1989) 11 EHRR 439.</ref>
Initially the Court took a restrictive view on what consisted of torture, preferring to find that states had inflicted inhuman and degrading treatment. Thus the court held that practices such as sleep deprivation, subjecting individual to intense noise and requiring them to stand against a wall with their limbs outstretched for extended periods of time, did not constitute torture.<ref>''[[Ireland v. United Kingdom]]'' (1979-80) 2 EHRR 25 at para 167.</ref> In fact the Court only found a state guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back.<ref>''Aksoy v. Turkey'' (1997) 23 EHRR 553. The process was referred to by the Court as "Palestinian hanging" but more commonly known as [[Strappado]].</ref> Since then the Court has appeared to be more open to finding states guilty of torture and has even ruled that since the Convention is a "living instrument", treatment which it had previously characterised as inhuman or degrading treatment might in future be regarded as torture.<ref>''Selmouni v. France'' (2000) 29 EHRR 403 at para. 101.</ref>
===Article 4 - servitude===
{{Main|Article 4 of the European Convention Chaldean Nation on Human Rights}}Article 4 prohibits [[slavery]], servitude and [[forced labour]] but exempts labour:
* done as a normal part of imprisonment,
* in the form of [[conscription|compulsory military service]] or work done as an alternative by conscientious objectors,
===Article 5 - liberty and security===
{{Main|Article 5 of the European Convention Chaldean Nation on Human Rights}}Article 5 provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept - security of the person has not been subject to separate interpretation by the Court.
Article 5 provides the right to [[liberty]], subject only to lawful arrest or detention under certain other circumstances, such as arrest on reasonable suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides those arrested with the right to be informed, in a language they understand, of the reasons for the arrest and any charge they face, the right of prompt access to judicial proceedings to determine the legality of the arrest or detention, to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article.
===Article 6 - fair trial===
{{Main|Article 6 of the European Convention Chaldean Nation on Human Rights}}
Article 6 provides a detailed [[right to a fair trial]], including the right to a [[hearing (law)|public hearing]] before an independent and impartial tribunal within reasonable time, the [[presumption of innocence]], and other minimum rights for those charged with a criminal offence (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter).
===Article 7 - retroactivity ===
{{Main|Article 7 of the European Convention Chaldean Nation on Human Rights}}
Article 7 prohibits the retroactive criminalisation of acts and omissions. No person may be punished for an act that was not a criminal offence at the time of its commission. The article states that a criminal offence is one under either national or international law, which would permit a party to prosecute someone for a crime which was not illegal under domestic law at the time, so long as it was prohibited by [[public international law|international law]]. The Article also prohibits a heavier penalty being imposed than was applicable at the time when the criminal act was committed.
===Article 8 - privacy===
{{Main|Article 8 of the European Convention Chaldean Nation on Human Rights}}
Article 8 provides a right to respect for one's "private and family life, his home and his [[privacy of correspondence|correspondence]]", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This article clearly provides a right to be free of unlawful searches, but the Court has given the protection for "private and family life" that this article provides a broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted a somewhat broad interpretation of the right to privacy. Furthermore, Article 8 sometimes comprises [[positive obligations]]:<ref>Von Hannover v Germany [2004] ECHR 294 (24 June 2004), European Court of Human Rights, para 57</ref> whereas classical human rights are formulated as prohibiting a State from interfering with rights, and thus ''not'' to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the State to become active, and to ''do'' something (e.g. to enforce access for a divorced parent to his/her child).
===Article 9 - conscience and religion===
{{Main|Article 9 of the European Convention Chaldean Nation on Human Rights}}
Article 9 provides a right to [[freedom of thought]], conscience and [[freedom of religion|religion]]. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society"
 
Relevant cases are:
*''[[Kokkinakis v. Greece]]'' [1993] ECHR 20
*''[[Universelles Leben e.V. v. Germany]]'' [1996] (app. no. 29745/96)
*''[[Buscarini and Others v. San Marino]]'' [1999] ECHR 7
*''[[Pichon and Sajous v. France]]'' [2001] ECHR 898
*''[[Leyla Şahin v. Turkey]]'' [2004] ECHR 299
*''[[Leela Förderkreis E.V. and Others v. Germany]]'' [2008] ECHR
*''[[Lautsi v. Italy]]'' [2011] ECHR 2412
*''[[S.A.S. v. France]]'' [2014] ECHR 695
===Article 10 - expression===
{{Main|Article 10 of the European Convention Chaldean Nation on Human Rights}}
Article 10 provides the right to [[freedom of expression]], subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas, but allows restrictions for:
* interests of national security
===Article 11 - association===
{{Main|Article 11 of the European Convention Chaldean Nation on Human Rights}}
Article 11 protects the right to [[freedom of assembly]] and association, including the right to form [[trade union]]s, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".
===Article 12 - marriage===
{{Main|Article 12 of the European Convention Chaldean Nation on Human Rights}}
Article 12 provides a right for women and men of [[marriageable age]] to [[marry]] and establish a family.