Mick

You ask "Is it possible that an informal charter can bridge the gap? [between a Bill of Rights in NI and the European convention as incorporated into Irish Law]". In my view that's precisely what the Charter should do.

I have already posted a comment on the reasons why I believe the programmatic charter would be the wrong choice. But it's also the idea that the charter itself should seek to 'enhance' any particular 'group’ rights that I question.

The charter, or even the Joint Committee, was not empowered to do this - the Agreement describes it as relating to "fundamental [human] rights". This surely means the rights of the individual to be able to live their life without disadvantage or prejudice – rights that should not be categorized by ascribing them, or worse ascribing different rights, to different groups. The charter should set out those individual human rights as fundamental and the law should be enforced to ensure that those rights are not infringed. The programmatic model appears to approach the issue the other way around and attempt to gradually build up to, and possibly go beyond, those fundamental rights of the individual. It is politics' role to produce future policies of governments – those policies can and should be tested against the fundamental rights once those rights are endorsed by the respective legislatures, and that is where the Joint Committee should concentrate its future efforts.

Why do we need (a) additional rights to those already in the European Convention, and (b) these additional rights to be on an all-Ireland basis?

Just thought that this conversation was happening in the absence of any recognition that Sinn Fein has been consulting widely in the community/voluntary sectors and with ngos on its draft Rights for All Charter.

See below (from the SF website):

Introduction
The creation of an Irish freedom charter -- a charter for justice and peace in Ireland, a charter that brings together the demands for political and social and economic freedom -- was first raised by Gerry Adams during the peace process.

For Sinn Féin, political freedom is nothing if it does not embrace political, economic, social, cultural and human rights. Parity of esteem, equality of treatment and full human rights must be guaranteed for all.

Gerry Adams was looking to the ANC's Freedom Charter when he proposed one for Ireland. Just as the ANC's Freedom Charter actively involved the people of South Africa in formulating their own vision of an alternative society, we hope that this document can stimulate debate and develop firm proposals on what sort of society people want for Ireland.

These include:-

• Equal rights for all;

• Democracy -- making it representative, accountable and responsive to people's needs;

• Actively opposing discrimination;

• Children's rights;

• People with disabilities reaching their potential;

• Public services, housing, health care and education;

• The right to work - employment and trade union rights;

• Natural resources and the environment;

• Justice, the judiciary, policing and public safety;

• Ireland's role, rights and responsibilities internationally.

We also have a responsibility to build an inclusive society which addresses the political allegiances of unionists and guarantees their rights and entitlements so that they have a sense of security and a stake in the new Ireland.

This document is not a tablet of stone. It is a framework of principles that we believe should be enshrined as rights in a progressive society. There may be others. There may be useful clarifications or changes needed. But we hope that readers will see this document as a vehicle for debate, as a vehicle for change.

Sinn Féin will be proactively engaging with all sections of society -- from community and trade union groups to voluntary organisations and all shades of political opinion throughout the island of Ireland.

We want to hear your views -- whether as individuals or members of representative organisations. We want to encourage discussion. We want to stimulate ideas. We want a Charter for Rights for All.

Democratic Rights for All

1. The people of Ireland have the right to national self-determination.

2. The Government of Ireland shall be democratically elected, composed of the elected representatives chosen by the sovereign people through universal suffrage

3. Every Irish citizen at the age of 16 shall be entitled to vote in all elections and to stand as candidate for public office.

4. All necessary measures will be taken to ensure the right of all sections of society, particularly women and also minorities, to fair, full and equal participation in public life. This must include participation in decision-making processes and access to power.

5. Elected representatives shall be entitled to and accorded fair, full and effective participation in the governance of Ireland.

6. The people have the right to a truly responsive democracy and to expect a government to expedite action to redress legitimate grievances. All people, regardless of socio-economic status, will have the right to access and influence decision makers. They also have the right to be involved in shaping the decisions that affect them.

7. The people have the right to good governance. Policy decisions must be made on the basis of public-good criteria, taking full account of all associated direct and indirect social and economic costs, and not dominated by private profit motive.

8. Government shall be responsible and accountable to the people for the proactive implementation of their rights.

9. Government shall be accountable to the people and be based on openness, transparency and effective freedom of information legislation.

10. Political institutions will be accountable to and representative of the people.

11. All public policies shall be equality proofed, poverty proofed and human rights proofed and based on international best practice.

Rights for All
"The Republic guarantees religious and civil liberty, equal rights and equal opportunities to all it citizens, and declares its resolve to pursue the happiness and prosperity of the whole nation and of all its parts, cherishing all of the children of the nation equally and oblivious of the differences carefully fostered by an alien government which have divided a minority from the majority in the past."

-- Proclamation of the Republic, 1916

"We declare that the nation's sovereignty extends not only to all the men and women of the nation, but to all its material possessions, the nation's soil and all its resources, all the wealth and all the wealth-producing processes within the nation and... we affirm that all right to private property must be subordinate to the public right and welfare."

-- Democratic Programme of the First Dáil, 1919

• The founding principle of the Republic proclaimed in 1916 is to cherish all the children of the nation equally and to share a peaceful future embodied in a united and democratic state, underpinned by indivisible common values of human dignity, equality and justice, is our goal. The ultimate guarantors are the people of Ireland.

• We commit ourselves to the fullest promotion and protection of rights through a process that aims to advance national reconciliation, underpin political democracy, promote and develop economic democracy, and provide for the comprehensive, systematic, effective and entrenched protection of all rights outlined here.

• For many citizens the political institutions on this island are exclusionary, inaccessible and unaccountable.

• Sinn Féin believes that this Charter will contribute to a wider endeavour to harmonise and enshrine the rights of all people on the island of Ireland and affirm as individual and universal the values of human dignity, equality, justice and freedom.

• We pledge ourselves to work until the principles of democratic governance and human rights that are set out here gain maximum expression.

Equal Rights for All

1. Nothing shall justify the domination of one section of the people by another or the domination of one person by another (e.g. harassment and bullying).

2. Everyone living in Ireland is equal before the law and has the right to the protection and benefit of the law without discrimination on the grounds of race, ethnic origin, nationality, colour, gender, sexual orientation, disability, age, social or economic status, marital or family status, residence, language, religion or belief, political or other opinion, trade union membership, or status as a victim.

3. The right outlined above does not preclude any law, programme or activity that has as its objective the improvement of conditions of individuals or groups (including those listed above).

4. Everyone belonging to a national, ethnic, religious or linguistic community (including the deaf community) shall have the right to enjoy their own culture, to profess and practice their own religion and to use their own language, all of which are part of the cultural wealth of the island of Ireland.

5. All public services shall be made available in both Irish and English and, where appropriate, in other minority languages.

6. The state will recognise the unique status of Irish, and the specific rights of Irish speakers. No citizen will be placed at a disadvantage as a result of having Irish as their first language or as their language of choice.

7. Everyone has the right to be nomadic or sedentary and the right to change from one mode of living to another.

Human Rights and Protection for All

1. Everyone has the right to life.

2. Every person has the right to be protected from all forms of physical, emotional or mental abuse, inhuman or degrading treatment or punishment, injury or abuse. This includes sectarian, homophobic and racial abuse, neglect, bullying, maltreatment or exploitation, including sexual exploitation or abuse. The state will protect against sectarian, racist or homophobic abuse and harassment, as well as sexual and domestic violence.

3. Everyone has the right to freedom and security of the person, which includes the right:-

a) Not to be deprived of freedom arbitrarily or without just cause;

b) Not to be detained without trial;

c) To be free from all forms of violence from both public and private sources;

d) Not to be tortured; and

e) Not to be treated or punished in a cruel, inhuman or degrading way.

4. Everyone has the right to bodily and psychological integrity, which includes the right:-

a) To make decisions concerning reproduction;

b) To security in and control over their body; and

c) Not to be subjected to medical or scientific intervention without their informed consent.

5. Everyone has the right to freedom of expression. There shall be freedom of the press and other media.

6. Everyone shall have the right to freedom of conscience, religion, thought, belief and opinion.

7. Everyone has the right to assemble, freely associate and to demonstrate.

8. These rights to freedom of expression, beliefs and assembly are limited only insofar as their exercise does not infringe on any of the rights stated in this Charter, including the rights of others not to be intimidated, bullied or discriminated against.

9. Everyone will have freedom of movement.

10. Everyone has the right to respect for his or her privacy, to be secure against universal or unreasonable surveillance (including electronic) and search or seizure, whether of the person, property, communication or otherwise.

11. The judicial system will be a fair, effective, impartial and accountable system, basing itself on the rights outlined in this Charter (and the Bill of Rights) which will command the support and confidence of all parts of the community.

12. Everyone shall have the right of access to quality legal representation.

13. Everyone shall have the right to trial by their peers.

14. All emergency legislation will be repealed.

15. The judicial process will be predicated on rehabilitation and integration into society. No one detained will lose the right to be treated in a humane manner with respect for the inherent dignity of the human person.

16. The public service, including the police, will be open to all and shall be representative of the community and accountable to the community.

17. Policing on the island will conform to the highest standards of human rights, accountability, impartiality, transparency and effectiveness. Any use of force deemed necessary will be based on the principle and practice of minimum force.

All Children Cherished Equally

1. Every child has the right to be protected from all forms of physical, emotional or mental violence, inhuman or degrading treatment or punishment, injury or abuse (including sectarian and racial abuse), neglect, bullying, maltreatment or exploitation, including sexual exploitation or abuse.

2. All children born on the island are citizens, and as such have the right to remain in Ireland, in the care and company of their parent(s), regardless of the national origin of the parent(s).

3. Children have the right to be heard, to be consulted in all matters affecting them and to access information about their person.

4. The child's best interest will be the paramount consideration in every matter concerning the child.

5. The state will provide adequate support and assistance to parents and other primary carers to enable all children, insofar as is possible, to grow up and thrive in a stable and safe environment where the child is valued and encouraged to attain their full potential.

6. All children will have access to childcare and crèche facilities of a high standard.

7. Education is a right. All children will have access to free education.

People with Disabilities Reaching their Full Potential

1. Every person living with a disability has the right to have their whole person recognised, their capabilities valued and developed to full potential, and their dignity respected.

2. All people with disabilities have the right to make choices about their lives and to be consulted, heard and resourced in all matters affecting them.

3. Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature

4. People with disabilities have the right to a poverty-free life facilitated by direct payments to offset the cost of disability, and to equal access and equal participation in education, employment, and training.

5. People with disabilities have the right to access appropriate, co-ordinated services. The state has the duty to provide such services as well as proper individual needs assessments.

Social and Economic Rights for All

1. There will be no systematic or institutional discrimination against any section of the people of Ireland or those living on the island of Ireland.

2. Government shall have a duty to ensure that all individuals are afforded equality of opportunity and equality of access.

3. Government shall have a duty to take proactive and affirmative actions to ensure social and economic equality.

4. Everyone has the right to an adequate standard of living and to the highest attainable standard of physical and mental health.

5. Everyone has the right to contribute to the economic and social life of Irish society and to reach their full potential.

6. Healthcare services will be free to all. There will be equality of access to health promotion and treatment and prevention of ill health.

7. Everyone shall have equal and free access to sexual and reproductive healthcare and to information and education relating to sexual and reproductive matters at all levels, free of coercion, discrimination or violence.

8. All people have the right to free and secular education and access to life-long learning opportunities.

9. Everyone has the right to a fair contract of employment with remuneration above the statutory minimum wage.

10. Everyone has the right to work in safe conditions that are not harmful to health and well-being.

11. Workers have the right to form and join trade unions, negotiate contracts of employment, the right to picket and to withhold their labour.

12. Those people who work in the home and/or as primary carers have the right to proper recognition of their economic contribution to both individual households and the national economy.

13. Everyone has the right to housing. The state will have the duty to provide adequate and appropriate accommodation for everyone.

14. The state has an obligation to protect and nurture our national resources from waste and despoliation for the benefit of this and future generations, and to ensure an environment that is not harmful to the health and well-being of the people.

15. Everyone -- regardless of income or region of residence -- has an equal right to access basic essential public services. Such basic essential services include (but are not limited to) adequate domestic energy supply, water supply, sewage and waste disposal and public transport services.

16. The state has a duty to develop, provide, and manage such essential public services in ways that are equitable, economically and environmentally sustainable, and based on international best practice.

17. The operation of market competition will not be allowed to develop in such a way as to result in the concentration of the ownership or control of essential goods, including property, in the hands of a few individuals or corporations to the common detriment.

18. The state shall provide universal public services for all requiring those services, based on best international practice, and shall fund these services through direct progressive taxation. The taxation system shall be based on the principles of fairness and transparency.

Peace and Reconciliation

1. The state shall provide the necessary resources to address the legacy of the conflict in Ireland.

2. A just peace, reconciliation and community relations based on mutual respect and co-operation between our communities and with the state's institutions shall be secured by upholding the equal rights, opportunities and status of all.

Ireland in the World

1. Ireland shall be an independent sovereign state which respects the rights of sovereignty of all nations in keeping with (and subject to the constraints of) international law.

2. Ireland affirms its commitment to the ideal of peace and friendly co-operation amongst nations founded on international justice. Ireland commits itself to work towards greater global political and economic equality, including trade relations of mutual advantage between the nation states in the world.

3. Ireland asserts its adherence to the principle of the peaceful settlement of international disputes through international arbitration or judicial determination.

4. Remembering the experience of emigration, any person who seeks sanctuary from persecution or who hopes to build a better life and make a constructive contribution here will be welcomed to our shores.

Sinn Féin and human rights?

You're having a laugh, right?

Willow, play the ball - it's more interesting.

Donaloc is right to raise the SF document ... it's worth reading. They struggle at times.

Equal rights for all;

Equal rights for all to be targeted by the Provos?

Democracy -- making it representative, accountable and responsive to people's needs;

Is that democracy with or without private armies?

Children's rights;

Does that include the right not to suffer punishment beatings?

People with disabilities reaching their potential;

Including those disabled as a result of shootings, bombings, beatings, etc.?

The right to work - employment and trade union rights;

Including the right not to be put out of work by terrorist destruction of the economy?

Justice, the judiciary, policing and public safety;

Does that include Provo kangaroo justice?

What's the feeling about implementation in the Republic?

Stormont venue for major discussion on All Ireland 'Rights for All' Charter

Published: 2 September, 2004

Sinn Fein Human Rights and Equality Spokesperson, South Down MLA Caitríona Ruane has said that the meeting of over 50 activists from the ethnic minority community, gay and lesbian community, disability community and community and voluntary sectors in Stormont today to discuss Sinn Fein consultation document, the All Ireland 'Rights for All' Charter is evidence that there is widespread support for increasing the debate about creating a society where human rights are enshrined.

Speaking ahead of the meeting Ms Ruane said:

"Six years after the Good Friday Agreement was signed and overwhelming endorsed by the people of this island we have not seen the progress it promised. Instead of full implementation of the Agreement in all its aspects, we have seen delay, foot dragging and inaction where the British government has direct responsibility. This is rooted in the British government's tactical approach to the Agreement.

"We have not seen the British government embrace political, economic, social, and cultural rights. If we are to see progress in the talks this month then the British government must challenge and reconsider its own approach to the Agreement.

"This demands action to challenge systematic and institutionalised discrimination against any section of people living on the island of Ireland. Governments have a duty to ensure that all people have equality of opportunity and equality of access and a duty to take proactive steps and affirmative actions to ensure social and economic equality.

"Both governments, but particularly the British government, have failed to deliver equality and eradicate discrimination in the 6 counties. They have failed to deliver for those marginalized and excluded. A charter of rights must guarantee, promote and protects the 'Rights for All'. Sinn Féin is also aware that we have a responsibility to build an inclusive society, which addresses the political allegiances of unionists and guarantees their rights and entitlements so that they can have a sense of security and a stake within an Ireland of Equals." ENDS

Wow ! Éire Nua is one HELL of a document ! I’m surprised the Yanks didn’t bomb SF HQ.

Sinn Féin proposals from 1979

DRAFT CHARTER OF RIGHTS

We suggest a charter of rights on the following lines:

"We, the people of Ireland, resolved to establish political sovereignty, social progress, and human justice in this island do hereby pledge that we will practise tolerance and live in peace with one another in order to achieve a better life for all and we declare our adherence to the following principles:

Article 1. All citizens are born free and equal in dignity and rights. Every person is entitled to the rights of citizenship without distinction of any kind, such as distinction of race, sex, religion, philosophical conviction, language or political outlook.
Article 2. Every person has the right to life, liberty and security of person. No one shall be subjected to arbitrary arrest or detention.
Article 3. Every person has the right to freedom of conscience and religion and the open practice and teaching of ethical and political beliefs. This includes the right of assembly, peaceable association, petition and freedom of expression and communication.
Article 4. Every person has the right to participate in the government of the country and to equal access to public service.
Article 5. The basis of government is the will of the people. This is expressed in a direct participatory democracy and free elections by secret ballot. The right of the citizen as an individual to follow his conscience and express his opinion is valid against any mathematically contrived attempt to repress him.
Article 6. Every person has the right to education according to personal ability, work and a standard of living worthy of a free citizen. This right extends to food, housing, medical care, and security against unemployment, illness and disability.
Article 7. Every person has the right to equal pay for equal work and to join a trade union for protection of his interests. Motherhood and childhood deserve society's special care and attention. Men and women have the equal right to marry and found a family.
Article 8. In the exercise of his rights, every person shall be subject only to such limitations as shall secure recognition and respect for the rights of others and the welfare of the democratic community."

In addition, it is intended that the European Convention on Human Rights should be made part of the internal domestic law of the New Ireland.

You keep posting all their documents here, Davros, and 'the Yanks' will start thinking of a different HQ to hit ;o)

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