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IF YOU DON’T KNOW YOUR RIGHTS – YOU HAVEN’T GOT ANY!: A comparison of the NZ Bill of Rights Act 1990 -with the Universal Declaration of Human Rights 1948

15 April 2011

COMPARISON OF THE NEW ZEALAND BILL OF RIGHTS ACT 1990 AGAINST THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948.

(Compiled by Penny Bright who hopes that the comparisons are all in their proper places!

Any corrections would be welcomed!)

UNIVERSAL DECLARATION OF HUMAN RIGHTS

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

ON 10 DECEMBER 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights, the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member Countries to publicise the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories”.

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the  peoples of territories under their jurisdiction.

_____________________

New Zealand Bill of Rights Act 1990

109  Commenced: 25 Sep 1990  II: Civil and Political Rights    Democratic and Civil Rights

[Preamble]

An Act

(a) To affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and

(b) To affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights.

[Part 0 Short Title

Section 1 Short Title

(1)   This Act may be cited as the New Zealand Bill of Rights Act 1990.

(2) This Act shall come into force on the 28th day after the date on which it receives the Royal assent.

Part I General Provisions

Section 2 [Rights Affirmed]

The rights and freedoms contained in this Bill of Rights are affirmed.

Section 3 [Application]

 

This Bill of rights applies only to acts done

(a) By the legislative, executive, or judicial branches of the government of New Zealand; or

(b) By any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.

Section 4 [Other Enactments]

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),

(a) Hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or

(b) Decline to apply any provision of this enactment by reason only that the provision is inconsistent with any provision of this Bill of Rights.

Section 5 [Justified Limitations]

Subject to Section 4 of this Bill of Rights, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Section 6 [Interpretation]

Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning.

Section 7 [Attorney-General’s Report]

Where any Bill is introduced into the House of Representatives, the Attorney-General shall,

(a) In the case of a Government Bill, on the introduction of that Bill; or

(b) In any other case, as soon as practicable after the introduction of the Bill, bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms in this Bill of Rights.

___________________________________________________________________________________________

Article 1 (Universal Declaration of Human Rights)

 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 (Universal Declaration of Human Rights)

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.

New Zealand Bill of Rights Act 1990  Section 20 [Rights of Minorities]

A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority.

Article 3 (Universal Declaration of Human Rights)

Everyone has the right to life, liberty and security of person.

____________________

 

New Zealand Bill of Rights Act 1990  Section 8 [Life]

No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

New Zealand Bill of Rights Act 1990  Section 10 [Experimentation]

Every person has the right not to be subjected to medical or scientific experimentation without that person’s consent.

New Zealand Bill of Rights Act 1990   Section 11 [Medical Treatment]

Everyone has the right to refuse to undergo any medical treatment.

_________________________________________________________________________________________

Article 4 (Universal Declaration of Human Rights)

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

____________________________________________________________________________________________

Article 5 (Universal Declaration of Human Rights)

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

____________________

New Zealand Bill of Rights Act 1990  Section 9 [Torture, Cruel Treatment]

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.

____________________________________________________________________________________________

Article 6 (Universal Declaration of Human Rights)

Everyone has the right to recognition everywhere as a person before the law.

____________________________________________________________________________________________

Article 7 (Universal Declaration of Human Rights)

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.

 _______________________

New Zealand Bill of Rights Act 1990  Section 19 Freedom from Discrimination

(1)   Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.

(2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part II of the Human Rights Act 1993 do not constitute discrimination.

________________________________________________________________________________________

Article 8 (Universal Declaration of Human Rights)

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 law.

____________________________

New Zealand Bill of Rights Act 1990 Section 27 [Remedies]

(1)   Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s right, obligations, or interests protected or recognised by law.

(2)   Every person whose rights, obligations, or interests protected or recognised bylaw have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.

(3) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

__________________________________________________________________________________

Article 9 (Universal Declaration of Human Rights)

No one shall be subjected to arbitrary arrest, detention or exile.

_____________________

New Zealand Bill of Rights Act 1990  Section 21 [Unreasonable Search and Seizure]

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence, or otherwise.

New Zealand Bill of Rights Act 1990  Section 22 [Personal Liberty]

Everyone has the right not to be arbitrarily arrested or detained.

 

New Zealand Bill of Rights Act 1990 Section 23 [Arrest]

(1) Everyone who is arrested or who is detained under any enactment

(a) Shall be informed at the time of the arrest or detention of the reason for it; and

(b) Shall have the right to consult and instruct a lawyer without delay and to be informed of that   right; and

(c) Shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.

(2)   Everyone who is arrested for an offence has the right to be charged promptly or to be released.

(3)   Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.

(4)   Everyone who is

(a) Arrested; or

(b) Detained under any enactment for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

(5) Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

 Article 10 (Universal Declaration of Human Rights)

 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 (Universal Declaration of Human Rights)

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial 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.

 

_________________________

New Zealand Bill of Rights Act 1990  Section 24 [Criminal Justice]

Everyone who is charged with an offence

(a) Shall be informed promptly and in detail of the nature and cause of the charge; and

(b) Shall be released on reasonable terms and conditions unless there is just cause for continued detention; and

(c) Shall have the right to consult and instruct a lawyer; and

(d) Shall have the right to adequate time and facilities to prepare a defence; and

(e) Shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or or includes imprisonment for more than 3 months; and

(f) Shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and

(g) Shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.

 

 

New Zealand Bill of Rights Act 1990  Section 25 [Fair Trial]

Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:

(a) The right to a fair and public hearing by an independent and impartial court:

(b) The right to be tried without undue delay:

(c) The right to be presumed innocent until proved guilty according to law:

(d) The right not to be compelled to be a witness or to confess guilt:

(e) The right to be present at the trial and to present a defence:

(f) The right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:

(g) The right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:

(h) The right, if convicted of the offence, to appeal according to the law to a higher court against the conviction or against the sentence or against both:

(i) The right, in the case of a child, to be dealt with in a manner that takes account of the child’s age.

New Zealand Bill of Rights Act 1990 Section 26 [Nulla Poena Sine Lege, Double Jeopardy]

(1)   No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occured.

(2) No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.

 

 

 Article 12 (Universal Declaration of Human Rights)

 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 (Universal Declaration of Human Rights)

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 to return to his country.

________________________

New Zealand Bill of Rights Act 1990  18. Freedom of movement—

(1) Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand.

(2) Every New Zealand citizen has the right to enter New Zealand.

(3) Everyone has the right to leave New Zealand.

 (4) No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law.

 Article 14  (Universal Declaration of Human Rights)

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

 2. This right 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 (Universal Declaration of Human Rights)

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 (Universal Declaration of Human Rights)

1. 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.

2. Marriage shall be entered into only with the free and full consent of the intending spouses.

 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

 Article 17 (Universal Declaration of Human Rights)

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 (Universal Declaration of Human Rights)

 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, practice, worship and observance.

______________________

New Zealand Bill of Rights Act 1990 Section 13 [Freedom of Thought, Conscience, and Religion

Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and hold opinions without interference.

New Zealand Bill of Rights Act 1990 Section 15 [Religion and Belief]

Every person has the right to manifest that person’s religion or belief in worship,observance, practice, or teaching, either individually or in community with others, and either in public or in private.

Article 19 (Universal Declaration of Human Rights)

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.

 

_______________________

New Zealand Bill of Rights Act 1990 14. Freedom of expression

—Everyone has the right to freedom of expression, including the freedom to seek,receive, and impart information and opinions of any kind in any form.

___________________________________________________________________________________________

Article 20 (Universal Declaration of Human Rights)

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be compelled to belong to an association.

______________________

New Zealand Bill of Rights Act 1990  16. Freedom of peaceful assembly

—Everyone has the right to freedom of peaceful assembly.

New Zealand Bill of Rights Act 1990  17. Freedom of association

—Everyone has the right to freedom of association.

____________________________________________________________________________________________

Article 21 (Universal Declaration of Human Rights)

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 of 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.

_____________________

New Zealand Bill of Rights Act 1990  Section 12 [Electoral rights]

 

Every New Zealand citizen who is of or over the age of 18 years

(a) Has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot; and

(b) Is qualified for membership of the House of Representatives.

____________________________________________________________________________________________

Article 22 (Universal Declaration of Human Rights)

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23  (Universal Declaration of Human Rights)

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 (Universal Declaration of Human Rights)

 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

 

 Article 25 (Universal Declaration of Human Rights)

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 childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

 

 

 

 

 Article 26 (Universal Declaration of Human Rights)

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 (Universal Declaration of Human Rights)

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 interests resulting from any scientific, literary or artistic production of which he is the author.

___________________________________________________________________________________________

Article 28 (Universal Declaration of Human Rights)

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully  realized.

___________________________________________________________________________________________

Article 29 (Universal Declaration of Human Rights)

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 (Universal Declaration of Human Rights)

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.

____________________________

New Zealand Bill of Rights Act 1990  Section 28 [Other Rights and Freedoms]

An existing right or freedom shall not be held to be abrogated or restricted for reason only that the right or freedom is not included in this Bill of Rights or is  included only in part.

New Zealand Bill of Rights Act 1990  Section 29 [Legal Persons]

Except where the provisions of this Bill of Rights otherwise provide, the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons.

__________________________________________________________________________

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April 15, 2011 - Posted by | Fighting corruption in NZ, Human rights, Internationally significant information

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