Bufford Defining the Rule of Law

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consent of each spouse. 27 Motherhood and childhood are entitled to special protection and assistance, and all children are entitled to equal social protection, whether born within or out of wedlock. 28 In addition, the rule of law requires the protection of the family as a fundamental group unit of society. 29 In this context, children must be protected against discrimination, including discrimination based on the status, activities, expressed opinions, or beliefs of the parents, legal guardians, or family members. 30 Similarly, children must be protected from abuse, maltreatment or exploitation, 31 including sexual exploitation and abuse. 32 Furthermore, each child should be provided an education 33 and medical services, 34 insofar as feasible, and be protected from economic exploitation. 35 B. Economic and Social Rights Economic and social rights have not received as much emphasis in U.S. thought as civil and political rights. Nonetheless, they are important values that receive international recognition as fundamental to human society. 36 For the most part, these rights are 27 See Universal Declaration, supra note 9, art. 16(2); Civil and Political Rights, supra note 11, art. 23(3); Women, supra note 28, art. 16; American Convention, supra note 15, art. 17(3). 28 See Universal Declaration, supra note 9, art. 25(2); Civil and Political Rights, supra note 11, art. 23(4); American Convention, supra note 15, art. 17(4)(5), American Declaration, supra note 14, art. 7. 29 See Universal Declaration, supra note 9, art. 16(3); Civil and Political Rights, supra note 11, art. 33; Fundamental Rights of the EU, supra note 12, art. 33; American Convention, supra note 15, art. 17(1), Arab Charter, supra note 14, art. 38; African Charter, supra note 15, art. 18. 30 See Convention on the Rights of the Child, G.A. Res. 44/25, art. 2, U.N. Doc. A/44/49, (Nov. 20, 1989) [hereinafter Child]. 31 See id. art. 19; Civil and Political Rights, supra note 11, art. 24; Fundamental Freedoms, supra note 12, art. 24; American Declaration, supra note 14, art. 7; American Convention, supra note 15, art. 19; Arab Charter, supra note 14, arts. 10(2), 33; African Charter, supra note 15, art. 18(3); Asian Charter, supra note 16, art. 10. (??) 32 See Child, supra note 32, art. 34; Asian Charter, supra note 16, art. 10. (??) 33 See Child, supra note 32, art. 28; Fundamental Freedoms, supra note 12, art. 14. 34 See Child, supra note 32, art. 24. 35 See Child, supra note 32, art. 32; Arab Charter, supra note 14, arts. 10(2), 34; Asian Charter, supra note 16, art. 10. (??) 36 See International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200A (XXI), U.N. Doc. A/6316, 993 U.N.T.S. 3 (Dec. 16, 1966). 8
aspirational, rather than mandatory, and depend on a nation’s level of economic development. Aspirational rights in the economic context include the right to work, to just and favorable conditions of employment, and to protection against unemployment; 37 the right to equal pay for equal work; 38 and the right to form and join trade unions. 39 The rule of law also advocates the right to rest and leisure, including a reasonable limitation on working hours and periodic paid vacations. 40 Other aspirational rights include a right to remuneration that ensures an adequate living standard sufficient to provide for the health and well-being of the worker and the worker’s family, including food, clothing, housing, and medical care, and the right to security in the event of unemployment, sickness, disability, widowhood, or old age. 41 Finally, the rule of law provides that individuals have a right to an education, which should be free and mandatory at the elementary level, and equally accessible to all on the basis of merit at the higher and professional levels. 42 C. Protection of Minority Rights 37 See Universal Declaration, supra note 9, art. 23(1); Fundamental Rights of the EU, supra note 12, art. 16. 38 See Universal Declaration, supra note 9 art. 23(2); Fundamental Rights of the EU, supra note 12, art. 23, 27; African Charter, supra note 15, art. 15. 39 See Universal Declaration, supra note 9, art. 23(4); Civil and Political Rights, supra note 11, art. 22(1); Fundamental Rights of the EU, supra note 12, art. 12(1); Fundamental Freedoms, supra note 12, art. 11; Arab Charter, supra note 14, art. 29; Asian Charter, supra note 16, art. 12.1. (??) 40 See Universal Declaration, supra note 9, art. 24; American Declaration, supra note 14, art. 15. 41 See Universal Declaration, supra note 9, arts. 23(3), 25(1); Arab Charter, supra note 14, art. 30, 32; Asian Charter, supra note 16, art. 9.3 (??); American Declaration, supra note 14, arts. 14, 16. 42 See Universal Declaration, supra note 9, art. 26(1); Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms art. 2, Mar. 20, 1952, E.T.S 009 [hereinafter Protocol to the Convention]; Fundamental Rights of the EU, supra note 12, art. 14; Arab Charter, supra note 14, art. 35, African Charter, supra note 15, art. 16, Asian Charter, supra note 16, art. 3.2 (??); American Declaration, supra note 14, art. 12. 9
Page 1 and 2: I. Introduction Defining the Rule o
Page 3 and 4: Kennedy stated, in his 2006 address
Page 5 and 6: 1948. 7 In this Declaration, the Un
Page 7: The rule of law also provides that
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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