Answer ASEAN leaders, which of the following points you do not agree?

Answer ASEAN leaders,

which of the following points you do not agree?

 

What Western values are you afraid of ASEAN DICTATORS?

 

SPDC FM said that Daw Suu could be kept in detention because their law says the limit is six years.

Don’t forget that Myanmar SPDC law for MURDER, corruption and RAPE etc included jail and death sentences. So why the Depayin MASSACRE MASTERMIND Than Shwe was not arrested or jailed or punished to death.

 

The selective persecution is the problem. According to the ASEAN VALUES, not all the citizens are equal under the law. May be I am wrong. All the citizens are equal under the law but Military Junta and Dictators are above the law.

 

The main problem of the ASEAN is they have no respect for the Human Rights and also there is no RULE OF LAW. They all RULE BY LAW, of course with their own interpretation.

 

In conclusion there is usually NO GOOD GOVERNANCE in most of the ASEAN countries.

 

Answer ASEAN leaders, which of the following points you do not agree?

 

 

CHAPTER I. DIGNITY

Article 1 Human dignity

 

Human dignity is inviolable. It must be respected and protected.

 

Article 2 Right to life

 

1. Everyone has the right to life.

2. No one shall be condemned to the death penalty, or executed.

 

Article 3 Right to the integrity of the person

 

1.Everyone has the right to respect for his or her physical and mental integrity.

2.In the fields of medicine and biology, the following must be respected in particular:

— the free and informed consent of the person concerned, according to the procedures laid down by

law,

— the prohibition of eugenic practices, in particular those aiming at the selection of persons,

— the prohibition on making the human body and its parts as such a source of financial gain

    the prohibition of the reproductive cloning of human beings.

 

 

Article 4 Prohibition of torture and inhuman or degrading treatment or punishment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 5Prohibition of slavery and forced labour

 

1.No one shall be held in slavery or servitude.

2.No one shall be required to perform forced or compulsory labour.

3.Trafficking in human beings is prohibited.

 


Page 10

CHAPTER II

FREEDOMS

Article 6 Right to liberty and security

 

Everyone has the right to liberty and security of person.

 

Article 7 Respect for private and family life

Everyone has the right to respect for his or her private and family life, home and communications.

 

Article 8 Protection of personal data

 

1.Everyone has the right to the protection of personal data concerning him or her.

2.Such data must be processed fairly for specified purposes and on the basis of the consent of the

person concerned or some other legitimate basis laid down by law. Everyone has the right of access to

data which has been collected concerning him or her, and the right to have it rectified.

3.Compliance with these rules shall be subject to control by an independent authority.

 

Article 9 Right to marry and right to found a family

The right to marry and the right to found a family shall be guaranteed in accordance with the national

laws governing the exercise of these rights.

 

Article 10 Freedom of thought, conscience and religion

 

1.Everyone has the right to freedom of thought, conscience and religion. This right includes freedom

to change religion or belief and freedom, either alone or in community with others and in public or in

private, to manifest religion or belief, in worship, teaching, practice and observance.

 

2.The right to conscientious objection is recognised, in accordance with the national laws governing

the exercise of this right.

EN

C 364/10

Official Journal of the European Communities

18.12.2000


Page 11

Article 11 Freedom of expression and information

 

1.Everyone has the right to freedom of expression. This right shall include freedom to hold opinions

and to receive and impart information and ideas without interference by public authority and regardless

of frontiers.

2.The freedom and pluralism of the media shall be respected.

 

Article 12 Freedom of assembly and of association

 

1.Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels,

in particular in political, trade union and civic matters, which implies the right of everyone to form and

to join trade unions for the protection of his or her interests.

 

2.Political parties at Union level contribute to expressing the political will of the citizens of the

Union.

 

Article 13 Freedom of the arts and sciences

 

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

 

Article 14 Right to education

 

1.Everyone has the right to education and to have access to vocational and continuing training.

2.This right includes the possibility to receive free compulsory education.

3.The freedom to found educational establishments with due respect for democratic principles and

the right of parents to ensure the education and teaching of their children in conformity with their

religious, philosophical and pedagogical convictions shall be respected, in accordance with the national

laws governing the exercise of such freedom and right.

 

Article 15 Freedom to choose an occupation and right to engage in work

 

1.Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.

2.Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of

establishment and to provide services in any Member State.

EN

18.12.2000

Official Journal of the European Communities

C 364/11


Page 12

3.Nationals of third countries who are authorised to work in the territories of the Member States are

entitled to working conditions equivalent to those of citizens of the Union.

 

Article 16 Freedom to conduct a business

 

The freedom to conduct a business in accordance with Community law and national laws and practices

is recognised.

 

Article 17 Right to property

 

1.Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired

possessions. No one may be deprived of his or her possessions, except in the public interest and in

the cases and under the conditions provided for by law, subject to fair compensation being paid in good

time for their loss. The use of property may be regulated by law in so far as is necessary for the general

interest.

2.Intellectual property shall be protected.

 

Article 18 Right to asylum

 

The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28

July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with

the Treaty establishing the European Community.

 

Article 19 Protection in the event of removal, expulsion or extradition

 

1.Collective expulsions are prohibited.

2.No one may be removed, expelled or extradited to a State where there is a serious risk that he or

she would be subjected to the death penalty, torture or other inhuman or degrading treatment or

punishment.

EN

C 364/12

Official Journal of the European Communities

18.12.2000


Page 13

CHAPTER III

EQUALITY

 

Article 20 Equality before the law

 

Everyone is equal before the law.

 

Article 21 Non-discrimination

 

1.Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic

features, language, religion or belief, political or any other opinion, membership of a national minority,

property, birth, disability, age or sexual orientation shall be prohibited.

2.Within the scope of application of the Treaty establishing the European Community and of the

Treaty on European Union, and without prejudice to the special provisions of those Treaties, any

discrimination on grounds of nationality shall be prohibited.

 

Article 22  Cultural, religious and linguistic diversity

 

The Union shall respect cultural, religious and linguistic diversity.

 

Article 23 Equality between men and women

 

Equality between men and women must be ensured in all areas, including employment, work and pay.

The principle of equality shall not prevent the maintenance or adoption of measures providing for

specific advantages in favour of the under-represented sex.

 

Article 24 The rights of the child

 

1.Children shall have the right to such protection and care as is necessary for their well-being. They

may express their views freely. Such views shall be taken into consideration on matters which concern

them in accordance with their age and maturity.

2.In all actions relating to children, whether taken by public authorities or private institutions, the

child’s best interests must be a primary consideration.

EN

18.12.2000

Official Journal of the European Communities

C 364/13


 

 

Page 14

 

3.Every child shall have the right to maintain on a regular basis a personal relationship and direct

contact with both his or her parents, unless that is contrary to his or her interests.

 

Article 25 The rights of the elderly

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence

and to participate in social and cultural life.

 

Article 26  Integration of persons with disabilities

 

The Union recognises and respects the right of persons with disabilities to benefit from measures

designed to ensure their independence, social and occupational integration and participation in the

life of the community.

EN

C 364/14

Official Journal of the European Communities

18.12.2000


Page 15

CHAPTER IV

SOLIDARITY

 

Article 27 Workers’ right to information and consultation within the undertaking

 

Workers or their representatives must, at the appropriate levels, be guaranteed information and consul-

tation in good time in the cases and under the conditions provided for by Community law and national

laws and practices.

 

Article 28 Right of collective bargaining and action

Workers and employers, or their respective organisations, have, in accordance with Community law and

national laws and practices, the right to negotiate and conclude collective agreements at the appropriate

levels and, in cases of conflicts of interest, to take collective action to defend their interests, including

strike action.

 

Article 29 Right of access to placement services

Everyone has the right of access to a free placement service.

 

Article 30 Protection in the event of unjustified dismissal

 

Every worker has the right to protection against unjustified dismissal, in accordance with Community

law and national laws and practices.

 

Article 31 Fair and just working conditions

 

1.Every worker has the right to working conditions which respect his or her health, safety and

dignity.

2.Every worker has the right to limitation of maximum working hours, to daily and weekly rest

periods and to an annual period of paid leave.

EN

18.12.2000

Official Journal of the European Communities

C 364/15


 

Page 16

 

Article 32 Prohibition of child labour and protection of young people at work

 

The employment of children is prohibited. The minimum age of admission to employment may not be

lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable

to young people and except for limited derogations.

Young people admitted to work must have working conditions appropriate to their age and be protected

against economic exploitation and any work likely to harm their safety, health or physical, mental, moral

or social development or to interfere with their education.

 

Article 33 Family and professional life

1.The family shall enjoy legal, economic and social protection.

2.To reconcile family and professional life, everyone shall have the right to protection from dismissal

for a reason connected with maternity and the right to paid maternity leave and to parental leave

following the birth or adoption of a child.

 

Article 34 Social security and social assistance

 

1.The Union recognises and respects the entitlement to social security benefits and social services

providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and

in the case of loss of employment, in accordance with the rules laid down by Community law and

national laws and practices.

2.Everyone residing and moving legally within the European Union is entitled to social security

benefits and social advantages in accordance with Community law and national laws and practices.

3.In order to combat social exclusion and poverty, the Union recognises and respects the right to

social and housing assistance so as to ensure a decent existence for all those who lack sufficient

resources, in accordance with the rules laid down by Community law and national laws and practices.

 

Article 35 Health care

 

Everyone has the right of access to preventive health care and the right to benefit from medical

treatment under the conditions established by national laws and practices. A high level of human

health protection shall be ensured in the definition and implementation of all Union policies and

activities.

EN

C 364/16

Official Journal of the European Communities

18.12.2000


 

Page 17

 

Article 36 Access to services of general economic interest

 

The Union recognises and respects access to services of general economic interest as provided for in

national laws and practices, in accordance with the Treaty establishing the European Community, in

order to promote the social and territorial cohesion of the Union.

 

Article 37 Environmental protection

A high level of environmental protection and the improvement of the quality of the environment must

be integrated into the policies of the Union and ensured in accordance with the principle of sustainable

development.

 

Article 38 Consumer protection

Union policies shall ensure a high level of consumer protection.

EN

18.12.2000

Official Journal of the European Communities

C 364/17


Page 18

CHAPTER V

CITIZENS’ RIGHTS

 

Article 39 Right to vote and to stand as a candidate at elections to the European Parliament

 

1.Every citizen of the Union has the right to vote and to stand as a candidate at elections to the

European Parliament in the Member State in which he or she resides, under the same conditions as

nationals of that State.

 

2. Members of the European Parliament shall be elected by direct universal suffrage in a free and

secret ballot.

 

Article 40 Right to vote and to stand as a candidate at municipal elections

 

Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the

Member State in which he or she resides under the same conditions as nationals of that State.

 

Article 41 Right to good administration

 

1. Every person has the right to have his or her affairs handled impartially, fairly and within a

reasonable time by the institutions and bodies of the Union.

2.This right includes:

— the right of every person to be heard, before any individual measure which would affect him or her

adversely is taken;

— the right of every person to have access to his or her file, while respecting the legitimate interests of

confidentiality and of professional and business secrecy;

— the obligation of the administration to give reasons for its decisions.

3.Every person has the right to have the Community make good any damage caused by its insti-

tutions or by its servants in the performance of their duties, in accordance with the general principles

common to the laws of the Member States.

4.Every person may write to the institutions of the Union in one of the languages of the Treaties and

must have an answer in the same language.

EN

C 364/18

Official Journal of the European Communities

18.12.2000


 

Page 19

 

Article 42 Right of access to documents

 

Any citizen of the Union, and any natural or legal person residing or having its registered office in a

Member State, has a right of access to European Parliament, Council and Commission documents.

 

Article 43 Ombudsman

 

Any citizen of the Union and any natural or legal person residing or having its registered office in a

Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the

activities of the Community institutions or bodies, with the exception of the Court of Justice and the

Court of First Instance acting in their judicial role.

 

Article 44 Right to petition

 

Any citizen of the Union and any natural or legal person residing or having its registered office in a

Member State has the right to petition the European Parliament.

 

Article 45 Freedom of movement and of residence

 

1. Every citizen of the Union has the right to move and reside freely within the territory of the

Member States.

2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing

the European Community, to nationals of third countries legally resident in the territory of a Member

State.

 

Article 46 Diplomatic and consular protection

 

Every citizen of the Union shall, in the territory of a third country in which the Member State of which

he or she is a national is not represented, be entitled to protection by the diplomatic or consular

authorities of any Member State, on the same conditions as the nationals of that Member State.

EN

18.12.2000

Official Journal of the European Communities

C 364/19


 

Page 20

 

CHAPTER VI

JUSTICE

 

Article 47 Right to an effective remedy and to a fair trial

 

Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an

effective remedy before a tribunal in compliance with the conditions laid down in this Article.

Everyone is entitled to a fair and public hearing within a reasonable time by an independent and

impartial tribunal previously established by law. Everyone shall have the possibility of being advised,

defended and represented.

Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary

to ensure effective access to justice.

 

Article 48 Presumption of innocence and right of defence

 

1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.

2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

 

Article 49 Principles of legality and proportionality of criminal offences and penalties

 

1.No one shall be held guilty of any criminal offence on account of any act or omission which did

not constitute a criminal offence under national law or international law at the time when it was

committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the

criminal offence was committed. If, subsequent to the commission of a criminal offence, the law

provides for a lighter penalty, that penalty shall be applicable.

 

2.This Article shall not prejudice the trial and punishment of any person for any act or omission

which, at the time when it was committed, was criminal according to the general principles recognised

by the community of nations.

 

3.The severity of penalties must not be disproportionate to the criminal offence.

 

Article 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

 

No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he

or she has already been finally acquitted or convicted within the Union in accordance with the law.

EN

C 364/20

Official Journal of the European Communities

18.12.2000


Page 21

CHAPTER VII

GENERAL PROVISIONS

Article 51 Scope

1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due

regard for the principle of subsidiarity and to the Member States only when they are implementing

Union law. They shall therefore respect the rights, observe the principles and promote the application

thereof in accordance with their respective powers.

2. This Charter does not establish any new power or task for the Community or the Union, or

modify powers and tasks defined by the Treaties.

 

Article 52 Scope of guaranteed rights

 

1.Any limitation on the exercise of the rights and freedoms recognised by this Charter must be

provided for by law and respect the essence of those rights and freedoms. Subject to the principle of

proportionality, limitations may be made only if they are necessary and genuinely meet objectives of

general interest recognised by the Union or the need to protect the rights and freedoms of others.

 

2.Rights recognised by this Charter which are based on the Community Treaties or the Treaty on

European Union shall be exercised under the conditions and within the limits defined by those Treaties.

 

3.In so far as this Charter contains rights which correspond to rights guaranteed by the Convention

for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights

shall be the same as those laid down by the said Convention. This provision shall not prevent Union law

providing more extensive protection.

 

Article 53 Level of protection

Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and

fundamental freedoms as recognised, in their respective fields of application, by Union law and inter-

national law and by international agreements to which the Union, the Community or all the Member

States are party, including the European Convention for the Protection of Human Rights and Funda-

mental Freedoms, and by the Member States’ constitutions.

EN

18.12.2000

Official Journal of the European Communities

C 364/21


 

Page 22

 

Article 54 Prohibition of abuse of rights

Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform

any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their

limitation to a greater extent than is provided for herein.

EN

C 364/22

Official Journal of the European Communities

18.12.2000

 

The above is the EU Charter.

 

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: