Bufford Defining the Rule of Law

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cruel, inhuman, or degrading treatment or punishment; 14 that everyone has the right to recognition as a person before the law; 15 that all are equal before the law and entitled to the equal protection of the laws without discrimination; 16 that everyone has the right to freedom of movement and residence within a country, and to leave and return to any country (including her own country); 17 that everyone has the right to seek asylum in appropriate circumstances; 18 and that everyone has a right to a nationality. 19 Insofar as feasible, the rule of law requires that disabled persons enjoy full and effective participation and inclusion in society, 20 and that the foregoing rights be recognized for these individuals as well. 21 Peoples’ Rights, AU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (June 27, 1981) [hereinafter African Charter]. 14 See, e.g., Universal Declaration, supra note 9, art. 5; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 39/46, 39 GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (Dec. 10, 1984); Civil and Political Rights, supra note 11, art. 7; Fundamental Freedoms, supra note 12, art. 3; Fundamental Rights of EU, supra note 15, art. 4; American Declaration, supra note 14, art. 5; Arab Charter, supra note 14, art. 1; African Charter, supra note 15, art. 15; Asian Human Rights Commission, Asian Human Rights Charter, http://material.ahrchk.net/charter/, art. 3.5 (May 17, 1998) [hereinafter Asian Charter]. 15 See Universal Declaration, supra note 9, art. 6; Fundamental Freedoms, supra note 12, art. 6; American Convention, supra note 15,( art. 3; Arab Charter, supra note 14, art. 18. 16 See Universal Declaration, supra note 9, art. 7; Arab Charter, supra note 14, art. 2; African Charter, supra note 15, art. 3; Asian Charter, supra note 16, art. 5.2. 17 See Universal Declaration, supra note 9, art. 13; Fourth Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms art. 2, Sept. 16, 1963, E.T.S 046; Civil and Political Rights, supra note 11, art. 12; Fundamental Freedoms, supra note 12, art. 18; American Convention, supra note 15, art. 22; Arab Charter, supra note 14, art. 20-22; African Charter, supra note 15, art. 12(1); American Declaration, supra note 14, art. 8. 18 See Universal Declaration, supra note 9, art. 14(1); Arab Charter, supra note 14, art. 23; African Charter, supra note 15, art. 12(3); American Declaration, supra note 14, art. 27. 19 See Universal Declaration, supra note 9, art. 15(1); Arab Charter, supra note 14, art. 24; American Declaration, supra note 14, art. 19. 20 See, e.g., International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, G.A. Res. 61/106, art. 3, (Aug. 25, 2006) [hereinafter Disabilities]; Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care, G.A. Res. 46/119, principle 1 art. 4, U.N. Doc. A/46/49, (Dec. 17, 1991) [hereinafter Mental Health Care]; Declaration on the Rights of Disabled Persons, G.A. Res. 3447 (XXX), art. 2, U.N. Doc. A/10034, (Dec. 9, 1975) [hereinafter Disabled Persons]; Fundamental Freedoms, supra note 12, art. 26; see generally Arab Charter, supra note 14, art. 41; African Charter, supra note 15, art. 18(4); Asian Charter, supra note 16, art. 11 (??). 21 See Disabilities, supra note 22, arts. 3-5, 10-22; Mental Health Care, supra note 22, principle 1 art. 5; Disabled Persons, supra note 22, art. 4; Declaration on the Rights of Mentally Retarded; Persons, G.A. Res. 2856 (XXVI), art. 1, U.N. Doc. A/8429 (Dec. 20, 1971); Fundamental 6
The rule of law also provides that certain types of activity are not subject to state regulation. For example, everyone has the right to freedom of thought, conscience, and religion, including the right to practice a religion freely and to change one’s religion. 22 The rule of law also provides that everyone has the right to freedom of opinion and expression, including the right to receive and impart information and ideas through any media without regard to national borders, 23 and recognizes a person’s right to peaceful assembly and association. 24 The rule of law requires not only the legal recognition of these rights, but also that governments conform their conduct so that these rights are protected and not infringed by state action. The rule of law has special implications in the marriage and family context as well. First, it requires that every adult man and woman have a right to marry and to have a family, without any restrictions as to race, nationality, or religion. 25 Second, it requires that men and women have equal rights as to marrying, and equal rights during a marriage and at its dissolution. 26 Third, it requires that marriage be based on the free and full Freedoms, supra note 12, art. 26; see generally Arab Charter, supra note 14, art. 41; African Charter, supra note 15, art. 18(4); Asian Charter, supra note 16, art. 11. (??). 22 See Universal Declaration, supra note 9, art. 18; Civil and Political Rights, supra note 11, art. 18; Fundamental Freedoms, supra note 12, art. 9; Fundamental Rights of the EU, supra note 12, art. 10; American Convention, supra note 15, art. 12; Arab Charter, supra note 14, art. 26-27; African Charter, supra note 15, art. 8; Asian Charter, supra note 16, art. 6.3 (??); American Declaration, supra note 14, art. 3. 23 See Universal Declaration, supra note 9, art. 19; Fundamental Freedoms, supra note 12, art. 10; Fundamental Rights of the EU, supra note 12, art. 11; Arab Charter, supra note 14, art. 27; African Charter, supra note 15, art. 9; Asian Charter, supra note 16, art. 7.2 (??); American Convention, supra note 15, art. 13; American Declaration, supra note 14, art. 4. 24 See Universal Declaration, supra note 9, art. 20(1); Civil and Political Rights, supra note 11, art. 21-22; Fundamental Rights of the EU, supra note 12, art. 12; American Convention, supra note 15, art. 15-16; Arab Charter, supra note 14, art. 28; African Charter, supra note 15, art. 10-11; Asian Charter, supra note 16; art. 15.2(f); American Declaration, supra note 14, art. 21. 25 See Universal Declaration, supra note 9, art. 16(1); Fundamental Freedoms, supra note 12, art. 12; Fundamental Rights of the EU, supra note 12, art. 9; American Convention, supra note 15, art. 17(2). 26 See Universal Declaration, supra note 9, art. 16(1); Convention on the Elimination of All Forms of Discrimination against Women, G.A. Res. 34/180, art. 16 (Dec. 18, 1979) [hereinafter Women]. 7
Page 1 and 2: I. Introduction Defining the Rule o
Page 3 and 4: Kennedy stated, in his 2006 address
Page 5: 1948. 7 In this Declaration, the Un
Page 9 and 10: aspirational, rather than mandatory
Page 11 and 12: To protect the substantive requirem
Page 13 and 14: Torturing a person in custody, whet
Page 15 and 16: enforcing legitimate expectations.
Page 17 and 18: political party, the law should pro
Page 19 and 20: countries. Where a judicial decisio

Bufford Defining the Rule of Law

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