大家
[发表评论] [查看此文评论]    郭国汀律师专栏
[主页]->[大家]->[郭国汀律师专栏]->[美洲人权公约(1969)]
郭国汀律师专栏
·Thomasguo 's speech on the searching Justice conference
·My Human Rights Lawyer’s Career (Profile)
·Index of Guo’s on Articles and Activity of Human Rights
·rticles written by and about Guo Guoting and International Report links
·Index of Guo’s works and articles on advocating freedom, human rights, democracy
·A Mild Shanghai Lawyer and His Accidental Crusade
·郭国汀从最佳海事律师到人权律师 【人物】
***政治学研究
·政治的基本概念
·正义的学说
·正义的第一原则:政治权力的合法性
·正义概念的进化与发展
·人民反抗暴政的革命权利
·当代世界政治现状
·独裁专权(即威权)与独裁统治及极权暴政
·政治权力的限制与平衡原理
·政治文化与政治
·什么是政治形态
·民主法治及权力
·True meaning of the Republicanism
·Judicial Independence and Canadian Judges
·如何制约流氓暴君下屠杀令扑灭宪政民主大革命?
·关于成立临时或流亡政府我的原则与立场
·公平游戏规则公平竞争是第一价值原则
·中国民主运动要不要遵守公平游戏规则?
·中国民运长期四分五裂的根源何在?
·郭国汀:唯有程序正义才能根治中国民运四分五裂顽症
·民运内部必须是平等尊重基础上充分争论协商妥协式的真诚合作
·自私是否人的本性?
·暴君与暴政
·暴力革命与和平演变的前提与条件
·关于暴力革命答深山质疑
·勇敢地参政议政吧!中国律师们!/郭国汀
·语言风格——关于袁红冰改良还是革命的争论
·就袁红冰之《改良还是革命》与申先生的论战/郭国汀
·英雄人格哲学—袁红冰《自由在落日中》读后
·划时代的政论——简评袁红冰《改良,还是革命?》
·为什么袁红冰之《改良,还是革命?》是划时代的政论?
·再论政治案低调消音妥协辩护论的严重危害性
·再论政治案件低调消音妥协辩护论的危害性引起争论
·政治案辩护律师的最佳策略
·驳政治肮脏论
·文字狱与极权专制体制
·暴政与人种的优劣/新南郭
·虚伪是极权专制的必然付产品
·极权专制政体与思想家
·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
[列出本栏目所有内容]
欢迎在此做广告
美洲人权公约(1969)

美洲人权公约(1969)
   American Convention on Human Rights (1969)
   
   Preamble

   The American states signatory to the present Convention,
   Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man;
   Recognizing that the essential rights of man are not derived from one's being a national of a certain state, but are based upon attributes of the human personality, and that they therefore justify international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American states;
   Considering that these principles have been set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed and refined in other international instruments, worldwide as well as regional in scope;
   Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of free men enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic, social, and cultural rights, as well as his civil and political rights, and
   Considering that the Third Special Inter-American Conference (Buenos Aires, ~967) approved the incorporation into the Charter of the Organization itself of broader standards with respect to economic, social, and educational rights and resolved that an inter-American convention on human rights should determine the structure, competence, and procedure of the organs responsible for these matters,
   Have agreed upon the following:
   Signed at Inter-American Specialized Conference on Human Rights, San Jose, Costa Rica.
   Part I. State Obligations and Rights Protected
   CHAPTER I. GENERAL OBLIGATIONS
   ARTICLE I. OBLIGATION TO RESPECT RIGHTS
   1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
   2. For the purposes of this Convention, "person" means every human being.
   ARTICLE 2. DOMESTIC LEGAL EFFECTS
   Where the exercise of any of the rights or freedoms referred to in Article ''is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.
   CHAPTER II. CIVIL AND POLITICAL RIGHTS
   ARTICLE 3. RIGHT TO JUDICIAL PERSONALITY
   Every person has the right to recognition as a person before the law.
   ARTICLE 4. RIGHT TO LIFE
   T. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
   2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply.
   3. The death penalty shall not be reestablished in states that have abolished it.
   4. In no case shall capital punishment be inflicted for political offenses or related common crimes.
   5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under ~ 8 years of age or over 70 years of age; nor shall it be applied to pregnant women.
   6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by the competent authority.
   ARTICLE 5. RIGHT TO HUMANE TREATMENT
   1. Every person has the right to have his physical, mental, and moral integrity respected.
   2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
   3. Punishment shall not be extended to any person other than the criminal.
   4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons.
   5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their stems as minors.
   6. Punishment consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.
   ARTICLE 6. FREEDOM FROM SLAVERY
   1. No one shall be subject to slavery or to involuntary servitude, which are prohibited in all their forms, as are the slave trade and traffic in women.
   2. No one shall be required to perform forced or compulsory labor. This provision shall not be interpreted to mean that, in those countries in which the penalty established for certain crimes is deprivation of liberty at forced labor, the carrying out of such a sentence imposed by a competent court is prohibited. Forced labor shall not adversely affect the dignity or the physical or intellectual capacity of the prisoner.
   3. For the purposes of this article, the following do not constitute forced or compulsory labor:
   a. work or service normally required of a person imprisoned in execution of a sentence or formal decision passed by the competent judicial authority. Such work or service shall be carried out under the supervision and control of public authorities, and any persons performing such work or service shall not be placed at the disposal of any private party, company, or juridical person;
   b. military service and, in countries in which conscientious objectors are recognized, national service that the law may provide for in lieu of military service;
   c. service exacted in time of danger or calamity that threatens the existence or the well-being of the community; or
   d. work or service that forms part of normal civic obligations.
   ARTICLE 7. RIGHT TO PERSONAL LIBERTY
   1. Every person has the right to personal-liberty and security.
   2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.
   3. No one shall be subject to arbitrary arrest or imprisonment.
   4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him.
   5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. his release may be subject to guarantees to assure his appearance for trial.
   6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies.

[下一页]

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场