UNC Human Rights Convention

    

     Articles

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Constitutional Convention

UNC-Chapel Hill, Soci 131 and 273

 

All Human Rights Articles Combined

 

I. Collective Rights

 

 

(1) Right to Democracy

 

The Constitution shall protect the citizens' right to democracy by recognizing that all people are free to determine their political status through having the right to vote, electing their leaders in free elections, and pursuing their economic, social and cultural development.

 

Additionally, all people should have the right to freely mobilize and protest in support or opposition of decisions determined by the majority within a democratic state.  

 

Chandni Patel

 Nicole Ramón

 

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(2) An Affirmation of Peace

 

Every person has the right to a world free from needless violence and unjustifiable intolerance.  This nation affirms that peace is necessary for all people to be free.  Peace can be augmented through the following:

 

1.      This state will not initiate, in any form, an act of violence, nor will any contribution be made to a separate entity who aspires to disrupt another person’s right to peace. 

 

2.      It shall be the primary action of this state to promote and enhance all acts of peace made by individual persons, as well as, fellow states.

 

 

Kayla Johnston

 

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(3) Pluralism and Diversity of Culture

 

(a)

1.      People have the right to self-determination and individuality.

2.      Furthermore people have the right to pursue social and cultural development

(b)

1.      All people are equal before the law and may not in any way be discriminated against on account of birth, race, nationality, ethnic origin, sex, age, religion, mental or physical disability, opinion or any other personal, social, or cultural condition or circumstance.

2.      Guaranteed equally to men and women to enjoy social and culture rights.

(c)

1.      The State should adopt or implement policies:

a.        To protect and promote the diversity of cultural expressions;

b.      To create  conditions for cultures to flourish and to freely interact in a mutually beneficial manner;

c.       To encourage dialogue among cultures with a view to ensuring wider and balanced cultural exchanges in the world in favor of intercultural respect and a culture of peace;

d.      to give recognition to the distinctive nature of cultural activities, goods and services as vehicles of identity, values and meaning;

 

Danielle Lucas

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(4) Social Movement Rights:

 

Every citizen or legal resident should have the right to participate in social movements as long as they do not infringe on the rights on others.

 

Every citizen or legal resident should have the right to protest anything of their choosing so long as it does not infringe on the rights of others.

 

 

James Mitchell Howard

 

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(5) The Right to Benefit from the Discoveries of Modern Science

 

1.)    Everyone has the right to individual knowledge of and equal access to information regarding discoveries of modern science.

 

2.)    This right includes the freedom to choose the scope of one’s attained knowledge or the extent to which one benefits.

 

3.)    The exercise of this right by an individual shall not impinge on the rights of other individuals.

 

Reine Duffy

 

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(6) Duties of Citizens

 

The exercise of rights provided for in this constitution requires equal responsibilities and duties with regard to other individuals, to society and to future generations

  1. Everyone has a duty to fulfill his or her social responsibilities and participate in the political, civic and community life of the country, promoting and protecting these human rights and liberties as the foundation of democratic coexistence
  2. It is a fundamental duty to observe, respect and fulfill the rights and freedoms in this Constitution.  Included, but not limited to the duty to vote, duty to contribute toward public expenditures, duty to be informed, loyalty to country, duty to respect the laws, duty to respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony.

 

Jessica Johnson

 

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(7) Environmental Rights

 

 

Because:

a) the very existence and future of mankind are invariably linked to the natural environment,

b) the environment is the common heritage of all mankind,

c) the progress of human societies is affected by consumption patterns and production
methods,

d) as well as by the overexploitation of natural resources,

and the ability of future generations should always be considered when striving to meet
the needs of the present generation;

All humans have the right to:

a)      live in a healthy and properly functioning environment,

b)      participate in preserving the environment,

c)      access information in the possession of public entities that pertains to the environment,

d)      and have a voice in decision-making that will likely affect the environment.

In order to achieve this, the national government must:

a)      enact public policies that show due concern for the protection of the environment, as well as for the economic development and social progress of the United States.

Ambika Sahni and Madeline Gwyn

 

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(8) Everyone has the right to one’s inherited culture and traditions.

 

a)      Cultural values are an inalienable right to the American people and should be encouraged and guaranteed by the State.

b)      Every culture should receive equal dignity, respect, recognition, and opportunity for expression.

c)      All peoples have the right to preserve, promote, and enhance their individual cultures.

d)      No culture’s practices should interfere with or hinder those of another culture.

e)      Peoples of each culture have the responsibility to interact in a positive manner to facilitate the overall cultural pluralism that is the backbone of American culture.

f)        To promote mutual tolerance, understanding, and intelligence of diverse cultures, the State has the responsibility of implementing educational programs.

a.       The State should provide these early education programs in the public education system as well as through other means of training available to the public.

g)      The State should take all necessary steps to facilitate and encourage cultural cooperation, understanding, and education at the international level.  The goals of this State effort should be:

a.       To encourage peaceful interactions among peoples of international cultures.

b.      To spread cultural knowledge.

c.       To enrich all cultures.

 

Liz Baker

Boyd Campbell Davis

 

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(9) Rights to Language

 

a)  Linguistic freedom is guaranteed.

b) All languages are to be treated with respect.

c) English is the official language used in government and taught in public schools.

 

Ashley Barefoot

 

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(10) Rights of Indigenous People

 

The United States recognizes the fact that the United States is composed of many different races and cultures.  However, the United States constitution does not physically extend some basic rights to its newer immigrants.

 

  1. All children born in the United States, with the exception of those children of foreigners who are in the United States serving their government may be considered United States citizens

2.      All indigenous peoples are to be considered equal to all other peoples and their cultural differences shall be respected

3.      Native peoples have the right to a full health system that takes into consideration their own practices and cultures.

  1. The State shall promote the appreciation of the cultural rights of the indigenous peoples
  2. Indigenous people have the right to practice their own religion in whatever manner they choose as long as it is not endangering themselves or the lives of others
  3. Indigenous people have the right to their own education
  4. Indigenous people have the right to an education system of were their individual culture is respected and their native language maybe spoken
  5. Indigenous people who pay taxes shall have the right to vote in presidential elections
  6. Indigenous people shall have the right to seek higher education at a community college or a four year college or university

 

  1. Indigenous people shall have the right to affordable citizenship

 

    1. The yearly green card that immigrants are expected to have is far to expensive for many immigrants to obtain and as a result some reside here illegally in many cases

 

 Renisha Howard and Denaa Hayes

 

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II. Social Rights

(1) Rights of migrants, asylum seekers, and refugees

The term refugee applies to any person who has cannot be protected in their birth country and has fear of persecution as a result of their race, religion, nationality, membership of a particular social group or political opinion, or gender.  Refugees who will abide by the laws of our country and in consequently, they will be protected by human right laws within our country.  This also applies for asylum seekers. Refugees and asylum seekers will have the right to seek employment and pursue American citizenship.

Foreigners seeking permanent residency in the United States have the same rights and duties as American individuals and have the opportunity to apply for citizenship in five years upon the evaluation of their law abiding conduct.

Refugees, asylum seekers and migrants are allowed the right to seek employment in the United States as migrant workers. The term "migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in an activity which in return gains monetary compensation. They are entitled to the same workers’ rights as American citizens, and are protected by law.

 

 

Jose Estrada

Mia Gonzalez

 

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(2) Rights of Women

 

Every woman shall obtain the basic human rights of dignity, equality, and freedom with equal rights in all aspects of society, reproductive rights, and freedom from violence.

 

A)    Each woman shall be granted equal social, cultural, political, economic, and educational rights, including equal employment opportunity with equal pay, equal opportunity housing, healthcare, governmental benefits, and an equal voice.

B)     Women must be granted freedom from sex or gender discrimination from individuals, organizations, and institutions.

C)    Every woman shall have the right to reproduce, the right to affordable contraception and abortion, the right to freedom from coerced sterilization or contraception, and the right to privacy.

D)    Each woman must have the right to maternity leave, prenatal and postnatal care, and affordable child care.

E)     Every woman should be free from and protected from exploitation, sexual harassment, rape, and domestic abuse.

 

Miranda Reddick

 

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(3) Children’s Rights

           

Children play a significant role in our communities and families.  They are important to society and deserve to have rights just as adults have rights. Not only should children be entitled to the basic rights afforded to adults, but they are entitled to other special rights by virtue of their vulnerability in society. It is our belief that children should have developmental rights, the right to a safe environment, the right to a childhood, and social rights. 

 

  1. Children have the right to a safe water supply, nutritious food, shelter, proper health care, and to live without poverty. 
  2. Each child has the right to shelter which should also be provided by the parent/caregiver with the help of the community. 
  3. Children should receive sufficient health care starting with prenatal health care.  This service should be provided free of charge to the parent/caregiver. 
  4. Each child has the right to live without poverty, being able to receive the nutrition and care needed to ensure that he/she grows up to be a happy and healthy adult.
  5. Children have the right to live in a safe environment, free of abuse and neglect.  Children who are living in foster care should be given special attention and only put in households that meet their physical, emotional, social, and psychological needs. 
  6. Children who are employed (according to U.S. Child Labor laws) have the right to equal pay as adults for equal work.
  7. Children have a right to obtain an education that will broaden their scope of reference and their possible life choices.
  8. Children have the right to be informed of and to be able to participate in any decision made for them, or that directly concerns them, and for the details to be explained to them in terms that they will understand.
  9. Children have the right to receive the initial assistance, as well as extra assistance in any time of disaster or special need.

 

Lauren Hadley

Sherrell Pyatt

 

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(4) Rights of the Elderly

 

 

The United States recognizes and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

 

  1. Every elderly citizen shall have the right to collect social security regardless of race, sex, religion, or health.
  2. All elderly individuals shall have the right to health care needs.
  3. Elderly citizens will have the right to basic elderly care supplying daily health care needs and living standards.
  4. The right to protection from the government and all foreign individuals.
  5. Elderly will have the right to choose life/death

 

 

Francinia D. McKeithan

Blake Austin Weeks

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(5) Veterans’ Rights

 

 

Veterans have the right to jobs corresponding with the skills and experiences gained in the military.  Veterans have the right to completely understanding their employment.  Veterans have the right to serve in the nation's National Guard and Reserve forces with the certainty that if they must leave their civilian jobs for extended periods they will be protected.

 

Brian Conners

 

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(6) The Right to Education

 

            In order for all peoples to be equal in dignity and opportunity, all peoples shall have access to education in order to further the development of the human personality and the diversity of the world.  The following will be guaranteed:

1.      Education shall be compulsory, equal, and free for all peoples under the age of 18 in the United States.

a.       Special accommodations will be made for individuals with special needs in order to maximize their potential to learn and develop as a person in accordance with the prohibition of discrimination.

2.      Secondary education shall be accessible for all those that chose to pursue it regardless of economic means to pay for it. 

a.       It shall be the responsibility of the United States government to provide loans and grants for individuals who do not have the financial means to pay for a college education if the person meets the qualifications to attend a given college or university.

3.      Education shall be continually improved upon to meet the changing needs of society as time progresses.

4.      All education and its practices will be in accordance with respect to human dignity.

 

 

Haley Rader

Sarah Waugh

 

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(7) The Right to Participate in Sports and the Arts

 

  1. The arts and sports shall be free of constraints.  All people have the right to participate and benefit from arts and sports to their desired extent.
  2. This right includes the freedom to pursue artistic expression and enjoyment.
  3. The freedom to organize and access sports and the resources necessary to participate, and to maximize one’s ability without restrictions, is granted.

 

Casey Hyman

Reine Duffy

 

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(8) Rights to leisure:

 

Everyone has the right to rest and leisure, including reasonable limitation of working hours, agreed upon by both employees and employers, and periodic holidays with pay. Everyone has the right to spend time with family and their community if they wish to.

 

Amanda Tamayo

 

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(9) Rights to Housing

Janie Moore

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(10) The Right to Information

 

  1. Everyone has the right to freedom of information.  This right shall include universal access to receive and impart information, ideas, and knowledge without interference from outside forces.
  2. The freedom to develop information standards, tools, and archives shall be respected.

 

Casey Hyman

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III. Civil and Political Rights

 

 

(1) The Rights of Prisoners

 

            In order to fully protect the rights of all people, the following has been adopted in order to uphold the human rights of prisoners and detainees in accordance with the International covenants on Civil and Political Rights and the Social, Economic and Cultural Rights:

1.      All prisoners should be accounted for by the government in accordance to when they were imprisoned, why they were imprisoned and when they are to be released.

2.      All prisoners shall be treated humanely in accordance with international standards on torture and the death penalty.

3.      Prisoners have the right to have access to communication, education and religion during their detainment.  They have the right to receive rehabilitation through necessary means in order to prepare the individuals for life when they are no longer imprisoned or detained.

4.      Prisoners have the right to clean and safe accommodations as well as personal hygiene, clothing, food, or medical attention.  Prisoners must be held in separate quarters on the basis of criminal charges, gender, mental capacity or any other important factor that would place other prisoners at risk.

5.      Untried prisoners must be read their rights as well as the charges against them immediately following arrest or detention.  These prisoners are assumed not guilty and must be treated as such until the outcome of the trial is known.

6.      It shall be the policy of the government to hire individuals to work with prisoners on all levels who are qualified and well-trained as to ensure the safety of personnel and detainees. 

7.      Prisoners have the right to have their criminal records concealed based upon the nature of the crime from the public upon release for their time spent in prison was justice served and will enable them to find employment upon release and be productive members of society.

8.      Anyone who has been a victim of unlawful arrest or detention shall have an enforceable right to compensation from the state.

 

Juvenile Rights:

1.      All prisoners under the age of 18 years old must be kept in separate facilities from adult prisoners.  Juvenile detention must not last longer than the prisoner’s eighteenth birthday and the sentence must fit the crime.

2.      Juveniles shall be brought to trial as speedily as possible.

3.      Juveniles shall have access to life skills and education during detainment to prepare them for life after release.

4.      Upon age of 18, juvenile records shall be concealed from public records in accordance to the nature of their crime and behavior while in detainment in order to increase their chance of future employment.

5.      Juveniles shall have psychological assistance if needed provided by the state.

 

Christina Meares

Haley Rader

 

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(2) Rights of disabled people

 

All persons, regardless of their disability, whether physical or mental, deserve equal rights to life, liberty, equality, security, and property.  This includes the following: 
(a) the right to equal opportunities as those persons without any disabilities;

(b) the right to live without discrimination in equality and treatment in the workplace;

(c) if a person becomes disabled from an accident at work, the person will be compensated for their losses suffered from the accident. 

 

 

Laura Wilson

Grant Zimmerman

 

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(3) Rights of vulnerable groups and individuals

 

  1. Vulnerable groups and individuals have the right to special attention and support from the Community when designing policy initiatives at the national, state and local level.

 

  1. Vulnerable groups include but are certainly not limited to:
    1. Asylum seekers;
    2. Children;
    3. Cultural, ethnic, linguistic, political, racial and religious minorities;
    4. Gays and lesbians;
    5. Mentally and physically disabled people;
    6. Migrants;
    7. Older people;
    8. People living below the poverty line;
    9. People living with HIV/AIDS and other stigmatized diseases;
    10. People suffering from social deprivation;
    11. People without access to quality educational opportunities;
    12. Prisoners and ex-prisoners;
    13. Single parents; and
    14. Women.

 

  1. Policy initiatives at the national, state and local level that affect vulnerable groups should ensure their protection from exploitation.

 

 

  1. Every American should enjoy the same human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, regardless of whether or not she belongs to a group historically subject to vulnerability.

 

 

Julia Furlong

Tim Kaiser

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(4) Prohibition of Torture

 

  1. As all persons possess an inherent dignity, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

 

  1. The death penalty is cruel and inhuman punishment and is an inappropriate and unacceptable response to violent crime.

 

Crista Cuccaro

 

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(5) Prohibition of Violence

 

 

In order for all peoples to be equal in dignity and opportunity, women
must be protected against violence from men, in partner relationships,
marriages, and friendships.

a. Police and the legal system provide protection in the form of legal
documents and protective orders to all individuals who experience
domestic violence, regardless of race, religion, or sexual
orientation.

b. Domestic violence programs, including shelters, hotlines, and
counseling services shall be provided by each county and readily
accessible to all victims, free of charge.

c. Domestic violence shall be addressed at the source, with men's
aggressive and violent behavior.  These perpetrators will be punished
accordingly for their violence against partners and friends.

 

 

Sarah Waugh

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(6) The Prohibition of Discrimination

 

  1. All people are to be treated equal with out distinction as to race, sex, socioeconomic status, ethnicity, sexual orientation, disability, language, religion, social origin, genetic features, political beliefs, opinion, or age.  Any discrimination based on these distinctions shall be prohibited.
  2. Everyone is equal before the law and has the right to equal protection and benefit of the law.
  3. There shall be no discrimination in political, economic, and social relations based on the distinction mentioned above.
  4. The right of access to any place or sevice intended for the general public shall be guaranteed to all people regardless of race, sex, socioeconomic status, ethnicity, sexual orientation, disability, language, religion, social origin, genetic features, political beliefs, opinion, or age.
  5. Rights to non-discrimination in regards to –but not limited to, mass media, education, nationality, ethnicity, linguistic minority, race, employment, political involvement, women, youth, justice system, socioeconomic status

 

Teryl Teasdell and Shalandra Macon

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(7) Right to Practice Religion:

 

Every person shall be able to hold and express any religion, idea, belief, and theory without fear of discrimination or ridicule.

 

·        No person shall be forced to participate in religious practice.

·        Any of these groups shall be permitted to meet in any government building provided all procedures are followed.

·        All persons shall be free to change religion, ideas, beliefs, and theory.

 

 

Charissa Gray

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(8) Freedom of speech, including symbolic speech (not hate speech)

 

All Americans shall be entitled to freedom of speech, thought, expression, and information in any form so long as it does not publicly threaten or disrespect an ethnic group or similar group regarding their race, skin color, national or ethnic origin, faith or
sexual orientation.

 

Taylor Kirks

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(9) Intellectual Property Rights

 

I- In accordance with and the recognition that individual and collective achievement is sacred and fundamental to human advancement, all individuals and collective units shall have the right to copyright, trademark, industrial design, patent, geographic indication or use any other means of maintaining ownership over an idea, object, process, thing, or invention.  This initial clause is not all encompassing.  It is merely the recognition of the spirit of maintaining intellectual property rights. 

 

I.              A patent provides protection for the invention to the owner of the patent. The       protection is granted for a limited period, generally 20 years

II.                 A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment

III.               An industrial design is the ornamental or aesthetic aspect of an article

IV.              A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin

V.                 Copyright is a legal term describing rights given to creators for their literary and artistic works

 

 

II- Specifically, the expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license The exclusive right of use, publication or reproduction of works rests upon their authors and is transmissible to their heirs for the time the law shall establish; under the terms of the law, the following are ensured:

I.                    protection of individual participation in collective works and of reproduction of the human image and voice, sports, medical, scientific, and engineering activities included;

II.                 the right to authors, interpreters and respective unions and associations to monitor the economic exploitation of the works which they create or in which they participate;

III.               the law shall ensure the authors of industrial inventions of a temporary privilege for their use, keeping in mind that societal development outweighs individual gain,

IV.              as well as protection of industrial creations, property of trademarks, names of companies and other distinctive signs, viewing the social interest and the technological and economic development of the country

 

 

III- The State shall provide full and free-of-charge legal assistance to all who prove insufficiency of fund for the purpose of protecting the sections outlined in I and II. 

 

Stewart Norman

Teja Dapawdemi

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(10) Right to Private Communications

 

  1. Everyone shall have the right to privacy, to personal and family secrets, and to protection of one's honor and good name.
  2. Everyone shall have the right to privacy of correspondence, telephone communications, mail, e-mail, cables and other communications. Any restriction of this right shall be allowed only under an order of a court of law.

Gavin Petracca

 

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(11) Prohibition of Capital Punishment

 

Every person has the right to life.   No person, including government officials have the authority to execute another.  

 

Rachel Slagle and Matt Dubyoski

 

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(12) Right to Informed Consent for Scientific Research

1)      Every person has the right to decide whether they wish to be a participant in a scientific research study.