大象传媒

CHAIR鈥橲 CONSOLIDATED TEXT

DRAFT 2

Note: This draft does not make any changes in the text of pages 1 to 42 circulated on 18 March 2008.

INTRODUCTION

This document is a consolidated list of the proposals presented by each of the working groups accompanied by the first draft of some proposals from the Chair.

As Forum members are aware, the seven working groups have presented a long series of proposals that have been subject to initial discussion in Forum plenary sessions. At this stage (Monday 17 March) discussion of the report of the Economic and Social Rights Working Group is half complete and discussion has not begun on the reports of the Criminal Justice and Victims Working Group and the Preamble, Enforcement and Implementation Working Group.

The proposals presented by each working group sometimes overlap, with more than one group often working on a particular issue. There are some differences of approach and even some inconsistencies. The Forum has recognised, therefore, that there needs to be significant re-ordering of the final proposals and then harmonisation of the various drafts where there is more than one approach. In addition the comments made by Forum members during plenary discussions of the drafts need to be taken into account. I have attempted to do all this with my proposals incorporated into this text.

In seeking an appropriate ordering of the various proposals, I have relied principally on the European Charter of Fundamental Rights, identified by Neil Faris at the plenary session on 1 February as a good model for what we are attempting to produce. With a little adjustment, I have sought to use the Charter鈥檚 sectional arrangements and then to allocate Forum proposals within those sections along the lines of the allocation of rights to sections within the Charter. The table identifies the Charter鈥檚 sections and the parallel sections in the draft I have produced.

European Charter Chair鈥檚 text
Dignity
Freedoms
Equality
Solidarity
Citizens鈥� rights
Justice
Dignity and equality
Personal integrity
Freedoms
Social participation
Justice
Citizens鈥� rights
Rights particular to specific groups: children and young people, women, victims

The European Charter begins with a Preamble and ends with General Provisions. I would anticipate something of the same in our final proposals but they are not included in this compilation.

The attached text begins with a detailed index that shows where each of the current proposals from the working groups falls within this structure.

In developing 鈥淐hair鈥檚 proposals鈥� in relation to each issue identified by the working groups, I have worked on the basis of

鈥� taking each working group proposal individually
鈥� looking at related proposals from other working groups
鈥� considering the comments made during the Forum plenary discussions of the proposal
鈥� taking into account the texts of related provisions in international law
鈥� drafting a proposal.

I have not completed Chair鈥檚 proposals for the entire compilation at this stage 鈥� we have not completed the discussion of the reports and so it is not yet possible. The attached document has Chair鈥檚 proposals in relation to about a third to a half of the total. But it is sufficient for the Forum on Thursday morning to discuss the actual ordering of this section of the final report and then to begin the consideration of final recommendations.

Chris Sidoti
Chair

TABLE OF CONTENTS

This table is dynamic. Click on a provision to be taken to it.

1. DIGNITY AND EQUALITY 7
RIGHT TO DIGNITY (CPR) 7
HUMAN DIGNITY (W) 7
RIGHT TO DIGNITY AND INTEGRITY OF THE PERSON (CJV) 7
RIGHT TO EQUALITY AND NON-DISCRIMINATION (CPR) 7
EQUALITY (ESR) 8
EQUALITY (W) 8
NON-DISCRIMINATION (CYP) 9
NON-DISCRIMINATION (CJV) 10
CHAIR鈥橲 PROPOSAL 10

2. PERSONAL INTEGRITY 12
RIGHT TO LIFE (CPR) 12
RIGHT TO LIFE/USE OF FORCE (CJV) 12
CHAIR鈥橲 PROPOSAL 13
PHYSICAL INTEGRITY AND AUTONOMY (W) 14
BODILY AND PSYCHOLOGICAL INTEGRITY (CJV) 14
PROHIBITION OF HARASSMENT (CPR) 14
FREEDOM FROM HARASSMENT (CJV) 14
CHAIR鈥橲 PROPOSAL 15
PROHIBITION OF TORTURE (CPR) 16
FREEDOM FROM TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CJV) 16
PROHIBITION OF TORTURE (W) 16
CHAIR鈥橲 PROPOSAL 17
PROHIBITION OF SLAVERY AND FORCED LABOUR (CPR) 18
PROHIBITION OF SLAVERY AND FORCED LABOUR (W) 18
CHAIR鈥橲 PROPOSAL 19

3. FREEDOMS 20
RIGHT TO LIBERTY AND SECURITY (CPR) 20
LIBERTY AND SECURITY OF THE PERSON (CJV) 21
RIGHT TO LIBERTY (CJV) 21
CHAIR鈥橲 PROPOSAL 21
RIGHT TO PRIVACY (CJV) 24
RIGHT TO MARRY AND FORM CIVIL PARTNERSHIPS (CPR) 24
RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE (CPR) 24
CHAIR鈥橲 PROPOSAL 24
FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION (CPR) 26
CHAIR鈥橲 PROPOSAL 26
FREEDOM OF EXPRESSION (CPR) 27
CHAIR鈥橲 PROPOSAL 27
FREEDOM OF ASSEMBLY AND ASSOCIATION (CPR) 29
RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY (CIL) 29
CHAIR鈥橲 PROPOSAL 30
GENERAL RIGHT TO CULTURE, LANGUAGE AND IDENTITY (CIL) 32
RIGHT TO SELF-IDENTIFICATION (CIL) 32
LANGUAGE RIGHTS (CIL) 32
MINORITY LANGUAGE EDUCATION RIGHTS (CIL) 33
CHAIR鈥橲 PROPOSAL 34
RIGHT TO NATIONALITY (CPR) 36
RIGHT TO NATIONALITY (W) 36
CHAIR鈥橲 PROPOSAL 36
RIGHT TO AN EFFECTIVE EDUCATION (ESR) 38
EDUCATION (CYP) 38
EDUCATION RIGHTS (CIL) 39
CHAIR鈥橲 PROPOSAL 40
RIGHT TO PROTECTION OF PROPERTY (CPR) 43
CHAIR鈥橲 PROPOSAL 43

4. SOCIAL PARTICIPATION 44
RIGHT TO AN ADEQUATE STANDARD OF LIVING (ESR) 44
CHAIR鈥橲 PROPOSAL 44
RIGHT TO THE HIGHEST ATTAINABLE STANDARD OF PHYSICAL AND MENTAL HEALTH (ESR) 45
HEALTH (W) 45
HEALTHCARE (CYP) 45
CHAIR鈥橲 PROPOSAL 46
THE RIGHT TO ADEQUATE HOUSING (ESR) 47
HOUSING (W) 47
CHAIR鈥橲 PROPOSAL 47
ENVIRONMENTAL RIGHTS (ESR) 49
CHAIR鈥橲 PROPOSAL 49
RIGHT TO WORK (ESR) 50
EMPLOYMENT (W) 51
EMPLOYMENT PROTECTION (CYP) 52
CHAIR鈥橲 PROPOSAL 53
RIGHT TO SOCIAL SECURITY (ESR) 55
CHAIR鈥橲 PROPOSAL 55

5. JUSTICE 56
RIGHT TO NON-DISCRIMINATORY PRACTICE WITHIN THE CRIMINAL JUSTICE SYSTEM (CJV) 56
NO PUNISHMENT WITHOUT LAW (CPR) 56
RIGHTS WITHIN THE CRIMINAL JUSTICE SYSTEM (CJV) 56
CRIMINAL JUSTICE (W) 59
POLICING AND CRIMINAL JUSTICE (CJV) 59
RIGHT TO EFFECTIVE INVESTIGATION (CJV) 61
RIGHT TO A FAIR PROSECUTION PROCESS (CJV) 62
RIGHT TO A FAIR TRIAL (CPR) 63
RIGHT TO A FAIR TRIAL (CJV) 64
RIGHT TO A FAIR AND INDEPENDENT JUDICIARY (CJV) 66
RIGHT TO FAIR AND APPROPRIATE CONDITIONS OF DETENTION (CJV) 66
RIGHTS IN DETENTION (CJV) 68
RIGHT TO FAIR TREATMENT REGARDING RELEASE FOLLOWING CRIMINAL SANCTION (CJV) 71
THE RIGHTS OF VICTIMS/WITNESSES TO A FAIR TRIAL (CJV) 71
CHILD WITNESSES AND VICTIMS OF CRIME (CYP) 73
CHILD WITNESSES AND VICTIMS (CJV) 73
CHAIR鈥橲 PROPOSAL 74
YOUTH JUSTICE (CYP) 75
YOUTH JUSTICE (CJV) 77
INQUESTS (CJV) 80

6. CITIZEN鈥橲 RIGHTS 81
RIGHT TO PARTICIPATION AND GOOD GOVERNANCE (CPR) 81
CHAIR鈥橲 PROPOSAL 81
FREEDOM OF MOVEMENT (CPR) 82
FREEDOM OF MOVEMENT (W) 82
CHAIR鈥橲 PROPOSAL 82
NOMADIC/SEDENTARY (CIL) 84
CHAIR鈥橲 PROPOSAL 84
RIGHT OF COMMUNICATION (CIL) 85
RIGHT TO COMMUNICATE IN IRISH (CIL) 85
CHAIR鈥橲 PROPOSAL 85

7. RIGHTS PARTICULAR TO SPECIFIC GROUPS 86
A. CHILDREN AND YOUNG PEOPLE 86
DEFINITION OF THE CHILD (CYP) 86
NON-DISCRIMINATION (CYP) 86
CHAIR鈥橲 PROPOSAL 86
BEST INTERESTS OF THE CHILD (CYP) 87
CHAIR鈥橲 PROPOSAL 87
RIGHT TO PARTICIPATE (CYP) 88
CHAIR鈥橲 PROPOSAL 88
FAMILY (CYP) 89
STANDARD OF LIVING (CYP) 89
CHAIR鈥橲 PROPOSAL 90
PROTECTION FROM ABUSE AND EXPLOITATION (CYP) 91
CHAIR鈥橲 PROPOSAL 91
RIGHT TO PLAY AND LEISURE (CYP) 93
CHAIR鈥橲 PROPOSAL 93
CHILDREN AND ARMED CONFLICT (CYP) 94

B. WOMEN 95
GENDER EQUALITY (W) 95
EQUALITY IN PUBLIC LIFE (W) 95
ECONOMIC PARTICIPATION (W) 95
INTERPRETIVE CLAUSE: VIOLENCE AGAINST WOMEN (CJV) 97
SUBSTANTIVE PROVISIONS: VIOLENCE AGAINST WOMEN (CJV) 97
CHAIR鈥橲 PROPOSAL 98

C. VICTIMS 99
DEFINITION: VICTIMS OF THE CONFLICT (CJV) 99
CHAIR鈥橲 PROPOSAL 99
DEFINITION: VICTIMS OF CRIME AND ABUSE OF POWER WITHIN THE CRIMINAL JUSTICE SYSTEM AND VICTIMS OF HUMAN RIGHTS ABUSE (CJV) 101
RIGHT TO BE PROTECTED FROM CRIME AND VICTIMISATION (CJV) 101
TREATMENT WITH COURTESY, RESPECT, FAIRNESS AND DIGNITY (CJV) 101
ACCESS TO JUSTICE AND FAIR TREATMENT (CJV) 102
RIGHT TO INFORMATION AND SUPPORT (CJV) 103
RESTORATION, REPARATION AND COMPENSATION (CJV) 103
BOY CHILD AND MALE VICTIMS (CJV) 104
CHAIR鈥橲 PROPOSAL 104


1. DIGNITY AND EQUALITY

RIGHT TO DIGNITY (P6, CPR)
Everyone has inherent dignity and the right to have their dignity respected and protected.

HUMAN DIGNITY (P4, W)
Everyone has inherent dignity and the right to have their dignity respected and protected.

RIGHT TO DIGNITY AND INTEGRITY OF THE PERSON (CJV)
1. Everyone has the right to dignity and to be treated with dignity and respect at all times.

RIGHT TO EQUALITY AND NON-DISCRIMINATION (P1, CPR)
(a) Everyone is equal before and under the law and has the right to equal protection and equal benefit of the law.

(b) Public authorities shall respect and ensure the rights set forth in this Bill of Rights to everyone within the jurisdiction without discrimination of any kind, direct or indirect, irrespective of that person鈥檚, or any member of their family鈥檚: age, birth, culture, disability, ethnic origin (including Traveller identity), colour, gender, gender identity, language, marital or family status, nationality, national or social or economic origin, political or other opinion, possession of a criminal or politically motivated conviction, pregnancy, race, religion or belief, sex, sexual orientation, socio-economic status, status as a victim, or other status.

(c) For greater certainty, discrimination includes a practice based on one or more protected grounds of discrimination or on the effect of a combination of protected grounds

(d) Equality includes the full and equal enjoyment of all rights and freedoms. Laws, programmes or activities aimed at achieving and sustaining full and effective equality, in particular to reduce inequalities affecting disadvantaged groups, and which may include specific measures for individuals from such groups, shall be required in furtherance of these objectives. Such laws, programmes or activities shall not constitute discrimination.

EQUALITY (ESR)
Equality
1. Everyone is equal before the law and has the right to equal protection and benefit of the law.

2. Equality includes the full and equal enjoyment of all rights and freedoms.

3. Public authorities may not unfairly discriminate, directly or indirectly, against anyone on one or more grounds, or a combination of grounds, including race, ethnic origin, colour, sex, marital or family status, nationality, immigration status, pregnancy, gender identity, national or social origin, economic status, status as carer, nomadism, disability, age, sexual orientation, religion, belief, political or other opinion, possession of a criminal or political conviction, culture, language, health status, birth or other status.

4. Unfair discrimination consists of differential treatment or disparate impact which exacerbates existing disadvantage, or which relies on or results in stereotyping, or which is inconsistent with human dignity. Discrimination on one or more or a combination of the grounds specified in subsection (c) is presumed to be unfair unless it is established that the discrimination is fair.

5. Public authorities must take appropriate positive measures to eliminate unfair discrimination and pursue equality on the specified grounds.

6. This provision does not preclude any measure that has as its object the amelioration of conditions of disadvantaged individuals or groups.

7. Everyone has a right to live free from all forms of harassment, including on the basis of an individual's race, sex, religion, sexual orientation, disability and other grounds as specified in (c).

EQUALITY (P2, W)
(a) Everyone is equal before the law and has the right to equal protection and benefit of the law.

(b) Equality includes the full and equal enjoyment of all rights and freedoms.

(c) Public authorities may not unfairly discriminate, directly or indirectly, against anyone on grounds such as race, nationality, immigration status, sex, pregnancy, gender identity, marital or family status, national, ethnic or social origin, economic status, colour, nomadism, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, birth or other status.

(d) Public authorities must respect and ensure the rights set forth in this Bill of Rights to each person within the jurisdiction without unfair discrimination on the grounds set out at (c) above.

(e) Discrimination on one or more of the grounds listed in subsection (c) is unfair unless it is established that the discrimination is fair. Otherwise, unfair discrimination consists of differential treatment or disparate impact which exacerbates, or fails to address, existing disadvantage, which relies on or results in stereotyping or which is inconsistent with human dignity.

(f) Public authorities must take appropriate positive measures to eliminate discrimination and pursue equality on the protected grounds.

(g) For the avoidance of doubt, this provision does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of a ground listed at (c) above.

(h) For greater certainty, discrimination includes a practice based on one or more protected grounds of discrimination or on the effect of a combination of protected grounds.

NON-DISCRIMINATION (P2, CYP)
1. Every child has the right to equality and to equal protection and benefit of the law.

2. The Public Authority shall respect and ensure the rights set forth in this Bill of Rights to each child within the jurisdiction without discrimination of any kind, irrespective of the child鈥檚 or his or her parent鈥檚, carers or legal guardian鈥檚 age, 鈥榬ace鈥�, 鈥榗olour鈥�, sex, gender, language, religion, political or other opinion, national, ethnic or social origin, economic status, disability, sexual orientation, birth status, current or previous legal or other status.

NON-DISCRIMINATION (CJV)
4. Everyone has the right not to be discriminated against.

CHAIR鈥橲 PROPOSAL

DIGNITY AND EQUALITY

1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other with respect. All human rights and fundamental freedoms derive from this. They are entitled to the full enjoyment of all human rights and fundamental freedoms on a just and equal basis.

2. Everyone is equal before and under the law and has the right to equal protection and equal benefit of the law.

3. Public authorities shall respect and ensure the rights set forth in this Bill of Rights to everyone within the jurisdiction without discrimination, including harassment, of any kind on any basis such as age, birth, culture, disability, ethnic origin (including Traveller identity), colour, gender, gender identity, language, marital or family status, nationality, national or social or economic origin, political or other opinion, irrelevant criminal record, pregnancy, race, religion or belief, sex, sexual orientation, socio-economic status, status as a victim, or other status of that person or any member of the person鈥檚 family or any legal guardian or carer of the person.

4. Discrimination is any distinction, exclusion or restriction made on the basis of any of the grounds proscribed in paragraph 3 above which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise, on a basis of equality, of all human rights and fundamental freedoms in this Bill of Rights.

5. Public authorities shall, when the circumstances so warrant, take special and concrete measures to achieve and sustain full equality, in particular by addressing inequalities affecting members of disadvantaged groups on the basis of any of the grounds proscribed in paragraph 3 above. These measures do not constitute discrimination.

6. Public authorities shall respect and ensure equality between women and men in all areas and take all appropriate measures to eliminate discrimination on the basis of gender.

7. Public authorities shall respect and ensure equality for persons with disabilities and shall take all appropriate measures to ensure reasonable accommodation is provided to enable persons with disabilities to enjoy their rights in this Bill of Rights on an equal basis with others.

2. PERSONAL INTEGRITY

RIGHT TO LIFE (P3, CPR)
1. Everyone's right to life shall be protected by law. There shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, suspicious deaths or deaths in custody including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances. The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:

a. in defence of any person from unlawful violence;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. in action lawfully taken for the purpose of quelling a riot or insurrection.

Public authorities shall prohibit by law all extra-legal, arbitrary and summary executions. Law enforcement officials may use force only when absolutely necessary and to the extent required for the performance of their duty.

No one shall be involuntarily returned or extradited to a country where there are substantial grounds for believing that he or she may become a victim of extra-legal, arbitrary or summary execution in that country.

RIGHT TO LIFE/USE OF FORCE (CJV)
1. Deprivation of life and/or use of force by a police officer or other state agent in the course of his or her duty shall not be regarded as inflicted in contravention of a person鈥檚 rights when it results from the use of force which is no more than absolutely necessary:
a. to protect life
b. in defence of any person from unlawful violence

and to the extent that such force as is used amounts to a proportionate response to the threat at hand.

2. Every effort should be made to exclude the use of firearms or other less lethal weapons, especially against children.

3. Firearms must not be used except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender.

CHAIR鈥橲 PROPOSAL

RIGHT TO LIFE

1. Everyone has the right to life which shall be protected by law. No one shall be condemned to death or executed, judicially or extra-judicially.

2. Public authorities shall ensure the thorough, prompt and impartial investigation of all suspected cases of unlawful, arbitrary or summary executions, suspicious deaths or deaths in custody, including cases where complaints by relatives or other reliable reports suggest unnatural death in these circumstances.

3. Public authorities shall ensure that the use of force is lawful only where its use is absolutely necessary and at a level no more than absolutely necessary:

a. to protect any person from unlawful violence;
b. to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. for the purpose of quelling a riot or insurrection.

They shall ensure in particular that law enforcement officials use force only when absolutely necessary and to the extent required for the performance of their duty.

4. No one shall be involuntarily returned or extradited to a country where there are substantial grounds for believing that he or she may become a victim of unlawful, arbitrary or summary execution.

PHYSICAL INTEGRITY AND AUTONOMY (P1, W)
1. Everyone has the right to physical integrity, which includes
a. the right to be free from all forms of violence from either public or private sources including, in particular gender-related violence including:
(i) domestic violence,
(ii) sexual violence,
(iii) harmful traditional practices, and
(iv) sexual harassment;

b. the right to be protected from sexual exploitation and sexual and other forms of trafficking;
c. the right to make decisions concerning reproduction;
d. the right to security in and control over their body;
e. access to appropriate conditions of imprisonment and other forms of detention, in particular, to appropriate protection in this context from any form of harassment, including sexual harassment.

2. Public authorities in particular the police, immigration, prison, criminal justice, health and social care systems, shall take all suitable measures effectively to protect this right.

BODILY AND PSYCHOLOGICAL INTEGRITY (CJV)
2. Everyone has the right to bodily and psychological integrity

PROHIBITION OF HARASSMENT (P2, CPR)
Everyone has a right to live free from all forms of harassment including on the basis of an individual鈥檚 race, religion, sexual orientation and disability and other grounds as outlined in section 1 above.

FREEDOM FROM HARASSMENT (CJV)
Everyone has the right to live free from all forms of harassment, which includes violence, threats, retaliation, adverse discrimination, pressure or any other unwanted conduct, and which takes place with the purpose or effect of violating the physical integrity or dignity of a person, or of creating an intimidating, hostile, degrading, humiliating or offensive environment.

CHAIR鈥橲 PROPOSAL

RIGHT TO PHYSICAL INTEGRITY

1. Everyone has the right to physical and psychological integrity, including
a. the right to be free from all forms of violence and harassment, from either public or private sources, in particular gender-related violence and harassment, including:
鈥� domestic violence,
鈥� sexual violence,
鈥� harmful traditional practices, and
鈥� sexual harassment;
b. the right to be protected from sexual exploitation and sexual and other forms of trafficking;
c. the right to make decisions, within the law concerning reproduction;
d. the right to security in and, within the law, control over her or his body.

2. Public authorities, in particular the police, immigration, prison, criminal justice, health and social care systems, shall take all appropriate measures effectively to protect this right.

PROHIBITION OF TORTURE (P4, CPR)
1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, including, for the avoidance of doubt, rape and other forms of serious sexual assault.

2. No one shall be involuntarily returned or extradited to a country where there are substantial grounds for believing that he or she may become a victim of torture or cruel, inhuman or degrading treatment or punishment.

3. Public authorities must enact legislative provisions to prohibit the use of admissibility in judicial proceedings of statements or confessions obtained through torture, other prohibited treatment or threats of such.

FREEDOM FROM TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CJV)
1. No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

2. Police personnel, at all levels, shall be personally responsible and accountable for their own actions or omissions or for orders to others.

PROHIBITION OF TORTURE (P10, W)
10. Prohibition of torture
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment including, for the avoidance of doubt, rape and other forms of sexual assault.

No one shall be involuntarily returned or extradited to a country where there are substantial grounds for believing that he or she may become a victim of torture or cruel, inhuman or degrading treatment or punishment.

The state must enact legislative provisions to prohibit the use of admissibility in judicial proceedings of statements or confessions obtained through torture or other prohibited treatment.

CHAIR鈥橲 PROPOSAL

FREEDOM FROM TORTURE AND ALL CRUEL, INHUMAN AND DEGRADING TREATMENT AND PUNISHMENT

1. No one shall be subjected to torture or to any cruel, inhuman or degrading treatment or punishment, including rape and other forms of serious sexual assault.

2. No one shall be involuntarily returned or extradited to a country where there are substantial grounds for believing that he or she may become a victim of torture or cruel, inhuman or degrading treatment or punishment.

3. Public authorities must enact legislative provisions to prohibit the use or admissibility in judicial proceedings of statements or confessions obtained through torture or other prohibited treatment or threats of such.

PROHIBITION OF SLAVERY AND FORCED LABOUR (P5, CPR)
1. No one shall be held in slavery or servitude, including domestic servitude.

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

3. For the purpose of this article the term 鈥渇orced or compulsory labour鈥� shall not include:

a. any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention. Prison work shall be approached as a positive element of the rehabilitation of the individual and shall never be used as a punishment
b. any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
d. any work or service which forms part of normal civic obligations.

4. Traffic in and exploitation of human beings, other similar forms of forced labour and enforced prostitution are prohibited and shall be offences punishable by law. Public authorities shall protect and assist victims of such trafficking, exploitation and enforced prostitution with full respect for their human rights, taking into account in particular the age, gender and special needs of victims.

PROHIBITION OF SLAVERY AND FORCED LABOUR (P11, W)
1. No one shall be held in slavery or servitude, including domestic [or sexual] servitude.

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

2. For the purpose of this article the term 鈥渇orced or compulsory labour鈥� shall not include:

a. any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention. Prison work shall be approached as a positive element of the rehabilitation of the individual and shall never be used as a punishment
b. any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
d. any work or service which forms part of normal civic obligations.

4. Traffic in and exploitation of human beings and other similar forms of forced labour are prohibited and shall be offences punishable by law. The state shall protect and assist victims of such trafficking and exploitation with full respect for their human rights, taking into account in particular the age, gender and special needs of victims.

CHAIR鈥橲 PROPOSAL

FREEDOM FROM SLAVERY AND FORCED LABOUR

1. No one shall be held in slavery or servitude, including domestic servitude.

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

3. For the purpose of this article the term 鈥渇orced or compulsory labour鈥� shall not include:
a. any work required to be done in the ordinary course of lawful detention or during conditional release from such detention, provided that the work is a positive element of rehabilitation and not a punishment;
b. any service of a military character or service exacted instead of compulsory military service;
c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
d. any work or service which forms part of normal civic obligations.

4. Public authorities shall take all appropriate measures to make slavery and other forms of forced labour, including trafficking in and exploitation of human beings and enforced prostitution, offences punishable by law and to protect and assist victims of slavery, forced labour, trafficking, exploitation and enforced prostitution with full respect for their human rights, taking into account in particular the age, gender and special needs of victims.

3. FREEDOMS

RIGHT TO LIBERTY AND SECURITY (P7, CPR)
1. Everyone has the right to liberty and security of person. No one shall be deprived of his/her liberty save in the following cases and in accordance with a procedure prescribed by law:

a. the lawful detention of a person after conviction by a competent court;
b. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
c. the lawful arrest or detention of a person effected for the purpose of bringing him/her before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his/her committing an offence or fleeing after having done so;
d. the lawful detention of persons for the prevention of the spreading of infectious diseases ; where it can be reliably shown by objective medical expertise that a person has a mental incapacity of a kind or degree that warrants compulsory confinement.
e. the lawful arrest or detention of a person to prevent his/her effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2. Everyone who is arrested and detained shall be informed promptly, in a language which he understands and which is appropriate to his/her or her age, of the reasons for his/her detention or arrest and of any charge against him.

Every individual arrested or detained has the right to communicate promptly with, and to be visited by a medical practitioner, a legal representative of their choice, and, under appropriate supervision when the investigation so requires, by a family member.

3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his/her liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his/her detention shall be decided speedily by a court and his/her release ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation and an effective remedy.

No one shall be deprived of their liberty on the ground of failure to pay maintenance or a debt, fine or tax, unless the court considers that the person has wilfully refused to pay despite having the means to do so.

LIBERTY AND SECURITY OF THE PERSON (CJV)
3. Everyone has the right to freedom and security of the person, which includes the right
a. not to be deprived of freedom arbitrarily or without just cause
b. to be free from all forms of violence and abuse from either public or private sources
c. not to be tortured in any way;
d. not to be treated or punished in a cruel, inhuman or degrading way
e. not to be detained without trial.

RIGHT TO LIBERTY (CJV)
1. Deprivation of liberty of persons shall be as limited as possible and conducted with regard to the dignity, vulnerability and personal, religious or cultural needs of each detainee. A custody record shall be kept systematically for each detainee.

CHAIR鈥橲 PROPOSAL

RIGHT TO LIBERTY AND SECURITY OF THE PERSON

1. Everyone has the right to liberty and security of person. No one shall be subjected to unlawful or arbitrary deprivation of liberty.

2. Deprivation of liberty may be permitted by law, in accordance with a procedure prescribed by law,

a. where it is reasonably considered necessary to prevent a person committing an offence or fleeing after having done so;
b. for the purpose of bringing a person before the competent legal authority on reasonable suspicion of having committed an offence;
c. after conviction by a competent court, in accordance with the order of the court;
d. for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
e. for the prevention of the spreading of infectious diseases;
f. where it is reasonably considered necessary for the safety of the person or others;
g. to prevent a person effecting an unauthorised entry into the jurisdiction or to enable legal action against a person with a view to deportation or extradition.

3. Everyone who is arrested or detained shall be informed promptly, in a language which she or he understands and which is appropriate to her or his age, of the reasons for the detention or arrest and of any charge.

4. Everyone who is arrested or detained has the right to communicate promptly with, and to be visited by, a medical practitioner, a legal representative of choice and, under appropriate supervision if the investigation so requires, a family member.

5. Everyone arrested or detained shall be brought promptly, unless released, before a judge or other person authorised by law to exercise judicial power to determine the lawfulness and necessity of the detention.

6. Everyone who is deprived of liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of the detention shall be decided speedily by a court and release ordered if the detention is not lawful.

7. Everyone charged with a criminal offence shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

8. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation and an effective remedy.

9. No one shall be deprived of liberty on the ground of failure to pay maintenance or a debt, fine or tax, unless the court considers that the person has wilfully refused to pay despite having the means to do so and that the failure to pay constitutes a contempt of the court.

RIGHT TO PRIVACY (CJV)
鈥� Everyone has the right to privacy of communication and to be secure against unreasonable search, interception, seizure or detention whether of the person, property, correspondence or otherwise.
鈥� Police powers to stop/detain, question and search shall not be applied on the basis of ethnic profiling.

RIGHT TO MARRY AND FORM CIVIL PARTNERSHIPS (P14, CPR)
Everyone of marriageable age has the right to marry or enter into civil partnerships according to the laws governing the exercise of this right.

RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE (P10, CPR)
1. Everyone has the right to respect for his/her private and family life, his/her home and all forms of communication. Families exist in diverse forms. No family may be subjected to discrimination on any of the grounds as identified in section 4 above. Everyone has the right to found a family.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health [or morals,] or for the protection of the rights and freedoms of others, including the right to freedom from domestic violence, and where in the best interests of the child.

CHAIR鈥橲 PROPOSAL

RIGHT TO PRIVACY AND FAMILY LIFE

1. Everyone has the right to private and family life. No one shall be subjected to unlawful or arbitrary interference with his or her privacy, home or personal communications.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others, including the right to freedom from domestic violence, and where in the best interests of the child.

3. Everyone of marriageable age has the right to marry or enter into civil partnerships according to the laws governing the exercise of this right. Everyone has the right to found a family, recognising that families exist in diverse forms. No family may be subjected to discrimination on any of the grounds proscribed in this Bill of Rights.

FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION (P11, CPR)
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his/her religion or belief and freedom, either alone or in community with others and in public or private, to manifest his/her religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health [or morals,] or for the protection of the rights and freedoms of others.

3. No one must be compelled to take an oath, or to take an oath in a manner that is contrary to his/her or her religion or belief or that requires him/her or her to express a belief that he or she does not hold.

CHAIR鈥橲 PROPOSAL

FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION

1. Everyone has the right to freedom of thought, conscience and religion, including freedom to change his or her religion or belief and freedom, either alone or in community with others and in public or private, to manifest his or her religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest religion or belief shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

3. No one may be compelled to take an oath or to take an oath in a manner that is contrary to his or her religion or belief or that requires him or her to express a belief that he or she does not hold.

FREEDOM OF EXPRESSION (P12, CPR)
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. Everyone has the right to information. This article shall not prevent public authorities from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of public safety, for the prevention of disorder or crime, for the protection of health [or morals,] for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

CHAIR鈥橲 PROPOSAL

FREEDOM OF EXPRESSION AND OF 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 any public authorities and regardless of frontiers.

2. Everyone has the right to information, including information about human rights and about the operations of government.

3. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. It may also be subject to consideration of the best interests of children.

4. These freedoms do not include freedom for advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.

5. This article shall not prevent public authorities from licensing broadcasting, television or cinema enterprises.

FREEDOM OF ASSEMBLY AND ASSOCIATION (P13, CPR)
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his/her interests. Everyone has a right to form and to join a political party. Everyone has a right to strike and a right to engage in collective bargaining.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of, in particular, national security or public safety, for the prevention of disorder or crime, for the protection of health [or morals] or for the protection of the rights and freedoms of others and the right to live free from all forms of harassment as defined in section 2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the public authorities where such exercise does not concern trade union rights.

RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY (P1, CIL)
A. Article 11 of the ECHR
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Article 11 ECHR (with the inclusion of a reference to harassment in Art 11(2))
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others, in particular the right to live free from all forms of harassment including on the basis of an individual鈥檚 race, religion, sexual orientation and disability. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

B. Reference to the OSCE/ODIHR Guidelines on Freedom of Peaceful Assembly

Any court, tribunal or public authority considering any question that has arisen in connection with the Convention right to freedom of peaceful assembly should have regard to relevant international instruments, including the OSCE/ODIHR Guidelines on Freedom of Peaceful Assembly (2007).

CHAIR鈥橲 PROPOSAL

FREEDOM OF ASSOCIATION AND OF PEACEFUL ASSEMBLY

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

2. Freedom of association includes
a. the right to form and to join a political party;
b. the right to form and to join trade unions for the protection of her or his interests and to participate in trade union activity, including the right to strike and the right to engage in collective bargaining.

3. Freedom of peaceful assembly includes the right to participate in assemblies, processions and parades for cultural, political and religious purposes.

4. The scope of these freedoms should be commensurate with that provided in international human rights law. In particular, no restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, the prevention of disorder or crime, the protection of health or morals or the protection of the rights and freedoms of others.

5. These freedoms do not include freedom for advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.

6. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the public authorities where such exercise does not concern trade union rights.

GENERAL RIGHT TO CULTURE, LANGUAGE AND IDENTITY (P2, CIL)
Persons belonging to a cultural, ethnic, linguistic or religious minority or community shall have the right, individually and with other members of that minority or community, to enjoy their own culture, to profess and practise their own religion and to use their own language. No one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.

RIGHT TO SELF-IDENTIFICATION (P3, CIL)
1. Every person belonging to a cultural, ethnic, linguistic or religious minority or community shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.

2. Persons belonging to cultural, ethnic, religious or linguistic minorities or communities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the Bill of Rights individually as well as in community with others.

LANGUAGE RIGHTS (P6, CIL)
A. Language rights shall be protected through the progressive implementation by public authorities of the commitments made under the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages.

B. In respect of the indigenous minority languages and according to the situation of each language, public authorities must base their policies, legislation and practice on the following objectives and principles:
a. the recognition of these languages as an expression of cultural wealth;
b. the respect of the geographical area of each language in order to ensure that existing or new administrative divisions do not constitute an obstacle to the promotion of the language in question;
c. the need for resolute action to promote these languages in order to safeguard them;
d. the facilitation and/or encouragement of the use of these languages in public and private life;
e. the maintenance and development of links between groups using these languages and other groups in the State employing a language used in identical or similar form, as well as the establishment of cultural relations with other groups in the State using different languages;
f. the provision of appropriate forms and means for the teaching and study of these languages at all appropriate stages;
g. the provision of facilities enabling non-speakers of these languages living in the area where it is used to learn it if they so desire;
h. the promotion of study and research on these languages at universities or equivalent institutions;
i. the promotion of appropriate types of transnational exchanges for those languages used also in another State.

Additional clause proposed via email:
鈥楽inn F茅in proposed via email that an additional clause be added ensuring that the rights to cultural, language and identity in Proposal 2 can also not be exercised in a manner inconsistent with 'any right otherwise protected under international law'.

MINORITY LANGUAGE EDUCATION RIGHTS (P5, CIL)
A. Every person belonging to a linguistic minority or community has the right to learn his or her minority or community language.

B. Every person belonging to a linguistic minority or community that is indigenous has the right to be educated in and, where appropriate, through their language.

C. Every person belonging to a linguistic minority or community that is not indigenous has the right to be educated in their language where there are substantial numbers of users and sufficient demand.

3. The paragraphs in this article shall be implemented without prejudice to the learning of English or the teaching in English.

CHAIR鈥橲 PROPOSAL

RIGHT TO CULTURE, LANGUAGE AND IDENTITY

1. Everyone belonging to a cultural, ethnic, linguistic or religious minority or community shall have the right, individually and with other members of that minority or community, to enjoy her or his own culture, to profess and practise her or his own religion and to use her or his own language. No one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights or inconsistently with the rights and freedoms of others.

2. Everyone belonging to cultural, ethnic, religious or linguistic minorities or communities may exercise the rights and enjoy the freedoms recognised in the Bill of Rights individually as well as in community with others.

3. Everyone belonging to a cultural, ethnic, linguistic or religious minority or community shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights connected to that choice.

4. Everyone belonging to a linguistic minority or community has the right to learn his or her minority or community language.
a. Everyone belonging to a linguistic minority or community that is indigenous has the right to be educated in and, where appropriate, through their language.
b. Everyone belonging to a linguistic minority or community that is not indigenous has the right to be educated in their language where there are substantial numbers of users and sufficient demand.
c. These rights are without prejudice to the learning of English or the teaching in English.

5. Public authorities shall develop laws, policies, and practice relating to indigenous minority languages according to the situation of each language and on the basis of
a. recognition of these languages as an expression of cultural wealth;
b. the respect of the geographical area of each language in order to ensure that existing or new administrative divisions do not constitute an obstacle to the promotion of the language in question;
c. the need for resolute action to promote these languages in order to safeguard them;
d. the facilitation and encouragement of the use of these languages in public and private life;
e. the maintenance and development of links between groups using these languages and other groups employing a language used in identical or similar form, as well as the establishment of cultural relations with other groups using different languages;
f. the provision of appropriate forms and means for the teaching and study of these languages at all appropriate stages;
g. the provision of facilities enabling non-speakers of one of these languages living in the area where it is used to learn it if they so desire;
h. the promotion of study and research on these languages at universities or equivalent institutions;
i. the promotion of appropriate types of exchanges for those languages used also in other jurisdictions.

6. Nothing in this article shall prevent the collection and analysis of appropriate information, including statistical and research data, to enable the monitoring of the enjoyment of human rights under this Bill of Rights by persons who are members of or are identified with or have backgrounds associated with a traditional cultural, ethnic, linguistic or religious minority or community so that laws, policies and programmes can be formulated and implemented to give better effect to this Bill of Rights.

RIGHT TO NATIONALITY (P18, CPR)
1. Everyone has a right to a nationality.

2. No one shall be arbitrarily deprived of his/her nationality nor denied the right to change his/her nationality.

3. Everyone born within the jurisdiction has a right to British or Irish nationality or both.

4. Neither marriage or civil partnership nor the dissolution of a marriage or civil partnership between a national and an alien, nor the change of nationality by one of the spouses during marriage or partners during the civil partnership, shall automatically affect the nationality of the other spouse or partner.

5. The laws on nationality shall not contain distinctions or include any practice which amount to discrimination.

RIGHT TO NATIONALITY (P26, W)
1. Everyone has a right to a nationality.

2. No one shall be arbitrarily deprived of his or her nationality nor denied the right to change his or her nationality.

3. Neither marriage or civil partnership nor the dissolution of a marriage or civil partnership between a national and an alien, nor the change of nationality by one of the spouses during marriage or partners during the civil partnership, shall automatically affect the nationality of the other spouse or partner.

4. The laws on nationality shall not contain distinctions or include any practice which amount to discrimination.

CHAIR鈥橲 PROPOSAL

RIGHT TO NATIONALITY

1. Everyone has a right to a nationality. No one shall be arbitrarily deprived of his or her nationality nor denied the right to change his or her nationality.

2. Everyone born within the jurisdiction has a right to British nationality and to recognition of any Irish nationality that he or she may hold.

3. No one鈥檚 nationality shall be affected automatically, without his or her consent, by entering a marriage or civil partnership or the dissolution of a marriage or civil partnership or a change of nationality by the other person during the marriage or civil partnership.

4. The laws on nationality shall discriminate on any ground proscribed in the Bill of Rights other than the ground of nationality itself.

THE RIGHT TO AN EFFECTIVE EDUCATION (ESR)
The Right to an Effective Education
1. Every individual has a right to an effective education and access to lifelong learning appropriate to their needs, allowing them realise their fullest potential and to achieve independence, economic and social inclusion and to participate in the life of the community to the maximum extent possible.

2. Public Authorities must take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of their available resources.

3. Everyone is entitled to accessible and free pre-school, primary and post-primary education. Primary and post-primary education shall be compulsory. The State shall progressively, on the basis of its maximum available resources, make higher and further education accessible to all, on the basis of capacity, by every appropriate means.

4. Public Authorities must ensure that every individual receives an education that promotes equality, respect, human rights, understanding and effective communication among people of different identities.

5. Public Authorities shall ensure that all those in the educational sphere are free from harassment and bullying.

6. Public Authorities shall to the greatest extent possible respect the right of parents to ensure education and teaching for their children in conformity with their cultural, linguistic, pedagogical philosophical and religious and other convictions. In all cases, this is subject to the child鈥檚 right as set out in paragraph 1.

EDUCATION (P5, CYP)
1. 鈥淓very child has the right to education.鈥�

2. 鈥淭he Public Authority undertakes to adopt all necessary measures to protect the child鈥檚 right to education and the safety and well being of pupils in the educational environment, to respect their privacy and their right to participate.鈥�

3. 鈥淭he Public Authority shall ensure that the education is inclusive and respects the rights and best interests of all children without discrimination including children with disabilities, children with special educational needs, children in care, children in detention, child carers, children with differing sexual orientation, children of ethnic minorities, Traveller children and children living in poverty or other status. To this end, the Public Authority shall take all necessary measures to combat all forms of discrimination and promote equality in education and shall ensure that all children have the right to full access to the curriculum, as well as to receive an education which is aimed at the fulfilment of their potential and the realisation of their talents. The Public Authority shall promote and encourage the development of different forms of education, and ensure equality of opportunity and access to educational institutions for all children.鈥�

4. 鈥淭he Public Authority shall ensure that school exclusions are only imposed as a measure of last resort and for the shortest period of time, and only after consideration of all alternatives bearing in mind the fundamental nature of the right to education. Children excluded or suspended from school have the right to be informed promptly of the grounds for their exclusion or suspension and of their right to participate in any process associated with that suspension or exclusion, together with their parents carers and legal guardians or other representatives. The child retains their right to education during exclusion or suspension and should be encouraged by the educational institution to return as soon as possible.鈥�

5. 鈥淐hildren have the right to seek, receive and impart information and guidance in a timely and accessible manner on issues affecting their social, spiritual and moral well being and physical and mental health.鈥�

EDUCATION RIGHTS (P4, CIL)
A. Public authorities and education providers must ensure that the education of each child is directed to the development of respect for the child鈥檚 parents and knowledge of and respect for the cultural identity, language and values of the family and community to which the child belongs; for the shared national values of the country in which the child is living, taking into account the particular circumstances of Northern Ireland; the country from which he or she may originate, and for cultures different from his or her own.

B. Public authorities and educational providers must also ensure that the education of each child is directed to the promotion of equality, respect, human rights, understanding and effective communication among people of different identities.

C. Every person has the right to found educational establishments with due respect for democratic principles subject always to the child鈥檚 right to an effective education and to the observance of the principles set forth in paragraphs A and B of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

D. Public authorities shall to the greatest extent possible respect the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions, the views of the child being given due weight in accordance with the child鈥檚 age and maturity.

E1. This right of parents will be supported by the distribution of public funding on the basis of equitable, transparent and non-discriminatory criteria, those criteria to be determined by relevant public authorities.

or

E2. Any sectoral funding shall be provided in an equitable, transparent and non-discriminatory manner consistent with the ability of the relevant public authorities to manage resources efficiently and effectively.

CHAIR鈥橲 PROPOSAL

RIGHT TO EDUCATION

1. Everyone has the right to an education and access to lifelong learning, appropriate to their needs, that enables development to her or his fullest potential, the achievement of independence, economic and social inclusion and participation in the life of the community to the maximum extent possible.

2. Everyone is entitled to accessible and free pre-school, primary and post-primary education. Primary and post-primary education shall be compulsory.

3. Everyone is entitled to equal access to higher and further education, on the basis of capacity, without discrimination on any ground proscribed in the Bill of Rights.

4. Everyone has the right to found educational establishments with due respect for democratic principles subject always to the child鈥檚 right to an effective education, to the other provisions of this article and of the Bill of Rights and to the requirement that the education given in such institutions conforms to such minimum standards as may be laid down by the public authorities.

5. Public authorities shall take all appropriate measures to achieve the progressive realisation of this right, to the maximum of their available resources.

6. Public authorities shall take all appropriate measures to ensure that
a. everyone receives an education that promotes equality, respect, human rights, understanding and effective communication among people of different identities
b. the education of each child is directed to the development of respect for the child鈥檚 parents and knowledge of and respect for
i. the child鈥檚 own cultural identity, language and values
ii. the cultural identity, language and values of the family and community to which the child belongs
iii. the shared national values of the country in which the child is living, taking into account the particular circumstances of Northern Ireland, and any other country from which the child may originate and
iv. cultures different from the child鈥檚 own.

7. Public authorities shall take all appropriate measures to ensure that the child鈥檚 rights are fully respected in the education sphere, including rights
a. to have all decisions affecting the child based on the child鈥檚 best interests
b. to participate in all decisions affecting the child and have the child鈥檚 views taken into account and given due weight in accordance with child鈥檚 age and maturity
c. to be treated and provided with opportunities on the basis of equality and without discrimination and
d. to proper process and treatment in disciplinary matters

8. Public authorities shall take all appropriate measures to ensure that the child and all others in the educational system are free from harassment and bullying.

9. Public authorities shall respect, on the basis of equality and to the greatest extent possible, the right of parents to ensure education and teaching for their children in conformity with their cultural, linguistic, pedagogical, philosophical and religious and other convictions, subject to best interests of the child, the views of the child being given due weight in accordance with child鈥檚 age and maturity. This right of parents will be supported by the distribution of public funding on the basis of equitable, transparent and non-discriminatory criteria determined by relevant public authorities.

RIGHT TO PROTECTION OF PROPERTY (P16, CPR)
Every natural or legal person is entitled to the peaceful enjoyment of his/her possessions. No one shall be deprived of his/her possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a public authority to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

CHAIR鈥橲 PROPOSAL

RIGHT TO PROPERTY

1. Everyone, including legal persons, is entitled to the peaceful enjoyment of property. No one shall be deprived of personal possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

2. Public authorities may legislate as necessary to control the use of property in the public interest or to secure the payment of taxes or other contributions or penalties.

4. SOCIAL PARTICIPATION

THE RIGHT TO AN ADEQUATE STANDARD OF LIVING (ESR)
The Right to an Adequate Standard of Living
1. Everyone has the right to an adequate standard of living, including adequate food, water, energy, fuel and clothing, and to the continuous improvement of living conditions

2. Public Authorities must take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of their available resources.

CHAIR鈥橲 PROPOSAL

RIGHT TO AN ADEQUATE STANDARD OF LIVING

1. Everyone has the right to an adequate standard of living, including adequate food, water, energy, fuel and clothing, and to the improvement of living conditions beyond bare adequacy.

2. Public authorities shall take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of available resources.

THE RIGHT TO THE HIGHEST ATTAINABLE STANDARD OF PHYSICAL AND MENTAL HEALTH (ESR)
The Right to the Highest Attainable Standard of Physical and Mental Health
1. Everyone has the right to the highest attainable standard of physical and mental health and well-being.

2. Everyone shall enjoy appropriate healthcare and social care services, including reproductive health care.

3. Public Authorities must take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of their available resources.

4. Health and social care should be provided on the basis of free and informed consent.

5. No one shall be refused emergency medical treatment and essential primary healthcare.

HEALTH (P5, W)
(a) the right to the fullest range of reproductive health care including access to effective advice, delivered in circumstances of confidentiality, and effective sex education. Particular attention must be paid to the needs in this context of adolescent girls and older women, victims of sexual and other violence, rural women and those with disabilities and/or with language difficulties, migrant and trafficked women and women working in the sex industry;

(b) the right to appropriate and accessible after-care in respect of sexual and domestic violence. Particular attention must be paid to the needs in this context of adolescent girls and older women, victims of sexual and other violence, rural women and those with disabilities and/or with language difficulties, migrant and trafficked women and women working in the sex industry.

HEALTHCARE (P6, CYP)
1. 鈥淓very child has the right to enjoy the highest attainable standard of health without discrimination and shall enjoy the right to access all appropriate healthcare services including but not limited to primary care, child and adolescent mental health services and oral health.鈥�

2. 鈥淭he Public Authority shall take all appropriate measures to protect the right to health and social care specific to all children without discrimination including children with disabilities, children in the care of the Public Authority, those with special educational or mental health needs, children from ethnic minorities, child carers, Traveller children and those living in a position of social deprivation.鈥�

3. 鈥淭he Public Authority shall take all appropriate measures to ensure the child鈥檚 right to accessible, age and understanding appropriate education and information to promote prevention and early intervention measures to address such social issues as child abuse, drug and alcohol misuse, mental health, sexual and reproductive health issues and pregnancy.鈥�

CHAIR鈥橲 PROPOSAL

RIGHT TO THE HIGHEST ATTAINABLE STANDARD OF HEALTH

1. Everyone has the right to the highest attainable standard of physical and mental health and well-being

2. Everyone has the right to access to appropriate healthcare and social care services, including reproductive health care, provided on the basis of free and informed consent and confidentiality.

3. Public authorities shall take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of available resources.

4. Public authorities shall ensure the provision of healthcare that is appropriate to the needs of particular groups, including women and children, victims of violence, including sexual violence, persons with social and geographical disadvantage and those with a disability.

5. No one shall be refused emergency medical treatment and essential primary healthcare.

THE RIGHT TO ADEQUATE HOUSING (ESR)
The Right to Adequate Housing
1. Every person has the right to adequate housing.

2. Housing shall be affordable, accessible, habitable and culturally appropriate with public services and allowing access to social facilities.

3. Public Authorities must take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of their available resources.

4. No one may be evicted from their home without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions. The State must take all appropriate measures to ensure that no eviction results in homelessness.

5. Everyone has the right to appropriate emergency accommodation.

HOUSING (P6, W)
Public authorities must ensure appropriate emergency and other provision for women escaping domestic violence.

CHAIR鈥橲 PROPOSAL

RIGHT TO HOUSING

1. Everyone has the right to adequate housing that is affordable, accessible, habitable, safe and culturally appropriate, with access to public services and social facilities.

2. No one may be evicted from his or her home without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

3. Everyone has the right to appropriate emergency accommodation, in particular if required upon eviction.

4. Public authorities shall take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of available resources.

ENVIRONMENTAL RIGHTS (ESR)
Environmental Rights
1. Everyone has the right to a healthy, safe and sustainable environment

2. Everyone is entitled to have the environment protected and restored, for the benefit of present and future generations, through reasonable legislative and other measures that:
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

3. Public authorities have a duty to provide accurate, accessible and timely information and to communicate, consult and foster participation in planning and decision making on matters which concern the environment.

CHAIR鈥橲 PROPOSAL

RIGHT TO A SUSTAINABLE ENVIRONMENT

1. Everyone has the right to a sustainable, healthy and safe environment.

2. Everyone is entitled to have the environment protected and restored, for the benefit of present and future generations, through reasonable legislative and other measures that
a. prevent pollution and ecological degradation;
b. promote conservation; and
c. secure sustainable development and use of natural resources while promoting economic and social development.

3. Public authorities shall provide accurate, accessible and timely information and communicate, consult and foster participation in planning and decision making on environmental matters.

THE RIGHT TO WORK (ESR)
1. Every person has the right to contribute to the economic and social life of society, including the right to work and the right to choose freely and practise a trade or profession.

2. Public Authorities must support, encourage and provide for:
a. the continuous development of skills, knowledge and understanding that are essential for employability and fulfilment.
b. economic and social conditions to ensure full employment

3. Every person has the right to just and favourable conditions of work and terms of employment on the basis of equality, irrespective of the status of the worker and the nature of the work relationship, including
a. Fair wages and equal remuneration for work of equal value without distinction of any kind consistent with a decent living and human dignity.
b. Safe and healthy working conditions;
c. Freedom from harassment; and
d. Periodic holidays with pay and remuneration for public holidays.

4. Public Authorities must guarantee the right of all individuals to conduct a business free from paramilitary activity, other violence and threats, extortion and blackmail.

5. Women are to be guaranteed conditions of work equal to those enjoyed by men, with equal pay for equal work. In particular, the Public Authorities shall prevent discrimination against women on the grounds of pregnancy or maternity.

6. Public Authorities must ensure equality of opportunity and treatment for workers with family and caring responsibilities. Public authorities must take all appropriate measures to:
a. take account of such workers鈥� needs in terms of conditions of employment
b. enable such workers with family responsibilities to enter and remain in employment, as well as to re-enter employment after an absence due to those responsibilities, including measures in the field of vocational guidance and training
c. develop and promote services, including child day-care services and other childcare arrangements.

7. Migrant workers shall enjoy treatment not less favourable than that which applies to nationals in respect of remuneration, conditions of work and terms of employment. Derogations in private contracts of employment from this principle of equality of treatment are prohibited.

8. All workers, including those working in the home or in informal employment are entitled to rest, leisure, respite and reasonable limitation of working hours.

EMPLOYMENT (P9, W)
1. Every person has the right to contribute to the economic and social life of society, including the right to work and the right to choose freely and practice a trade or profession. In particular, appropriate steps must be taken by the State to provide suitable affordable childcare to facilitate [parents鈥橾 access to work.

2. Government shall, support, encourage and provide for:
b. the continuous development of skills, knowledge and understanding that are essential for employability and fulfilment.
c. economic and social conditions to ensure full employment

3. Every person has the right to just and favourable conditions of work and terms of employment [on the basis of equality], irrespective of the status of the worker and the nature of the work relationship, including
a. Fair wages and equal remuneration for work of equal value without distinction of any kind consistent with a decent living and human dignity for individuals and [family/dependents];
b. Equitable access to pension arrangements, including in the case of workers who take time out of the paid labour market for the purposes of caring;
c. Adequate, paid maternity, paternity and parental leave;
d. The right to the maximum flexibility in order to accommodate caring responsibilities which is compatible with the reasonable needs of the employer;
e. Safe and healthy working conditions;
f. [The right to equality of opportunity]
g. [Freedom from any form of harassment, including sexual harassment.]
h. [Social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work. Appropriate provision must be made by the state for those whose caring responsibilities have prevented full participation in the paid economy].

4. [The State shall guarantee the right of all individuals to be employed and conduct a business free from paramilitary activity, other violence and threats, extortion and blackmail].

5. Women are to be guaranteed conditions of work not inferior to those enjoyed by men, with equitable levels of pay].

6. [States shall ensure the equality of opportunity and treatment for workers with family responsibilities. Amongst other measures the State must to take account of their needs in terms of conditions of employment and social security and develop or promote services, public or private, in particular child day-care services and other childcare arrangements].

EMPLOYMENT PROTECTION (P11, CYP)
1. 鈥淭he Public Authority recognises the right of the child to be protected from economic exploitation and from performing any work that is likely to interfere with the physical, mental, spiritual, moral or social development. In particular the Public Authority shall ensure that the education, development and general well-being of young carers is not affected by caring responsibilities. In all such considerations the best interests of the child should be paramount.鈥�

2. 鈥淭he Public Authority shall without discrimination take all necessary legislative, administrative, social and educational measures to ensure the implementation of the present provision including guaranteeing the child鈥檚 right to advocacy. To this end, and having regard to the relevant international instruments, the Public Authority shall in particular:

a. Provide for a minimum age or minimum ages for admission to employment;
b. Provide for age appropriate regulation of the hours, terms and conditions of employment;
c. Provide for appropriate penalties or other sanctions to ensure effective enforcement of the present provision.

CHAIR鈥橲 PROPOSAL

RIGHT TO WORK

1. Everyone has the right to contribute to the economic and social life of society, including the right to work and the right to choose freely and practise a trade or profession.

2. Everyone has the right to just and favourable conditions of work and terms of employment, irrespective of the status of the worker and the nature of the work relationship, including
a. fair wages and equal remuneration for like work and work of equal value without distinction of any kind, consistent with a decent living and human dignity;
b. safe and healthy working conditions;
c. freedom from harassment; and
d. periodic holidays with pay and remuneration for public holidays.

3. Women have the right to remuneration and conditions of work equal to those enjoyed by men, with equal pay for like work and work of equal value.

4. Migrant workers shall enjoy treatment not less favourable than that enjoyed by nationals in respect of remuneration, conditions of work and terms of employment. Derogations in private contracts of employment from this principle of equality of treatment shall be invalid.

5. The child has the right to protection from economic exploitation and from performing any work that is likely to interfere with her or his physical, mental, spiritual, moral or social development. In all cases the best interests of the child should be paramount.

6. All workers, including those working in the home or in informal employment are entitled to rest, leisure, respite and reasonable limitation of working hours, as well as appropriate provision for retirement.

7. Public authorities must support, encourage and provide for
a. the continuous development of skills, knowledge and understanding that are essential for employability and fulfilment; and
b. economic and social conditions to ensure full employment.

8. Public authorities must ensure equality of opportunity and fair treatment for women and for workers with family and caring responsibilities, including women who are pregnant, to
a. provide appropriate education and training for full participation in economic life;
b. take account of these workers鈥� needs in terms of conditions of employment, including access to pension benefits in relation to time out of the workforce for caring responsibilities;
c. enable them to enter and remain in and leave employment, as well as to re-enter employment after an absence due to those responsibilities, including measures in the field of paid parental leave and vocational guidance and training; and
d. develop and promote services, including child day-care services and other childcare arrangements and adequate transport, to enable workforce participation.

9. To ensure the safety of children in relation to work, public authorities shall
a. provide for a minimum age or minimum ages for admission to employment;
b. provide for age appropriate regulation of the hours, terms and conditions of employment; and
c. provide for appropriate penalties or other sanctions for breaches of these rights.

10. Public authorities must guarantee the right of all individuals to work, including to conduct a business, free from paramilitary activity, other violence and threats, harassment, extortion and blackmail.

THE RIGHT TO SOCIAL SECURITY (ESR)
The Right to Social Security
1. Everyone has the right to social security, including social assistance and social insurance.

2. Public Authorities must take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of their available resources.

CHAIR鈥橲 PROPOSAL

RIGHT TO SOCIAL SECURITY

1. Everyone has the right to social security, including social assistance and social insurance.

2. Public authorities shall take all appropriate measures, including legislative measures, to achieve the progressive realisation of this right, to the maximum of available resources.

5. JUSTICE

RIGHT TO NON-DISCRIMINATORY PRACTICE WITHIN THE CRIMINAL JUSTICE SYSTEM (CJV)
1. The State must ensure that no particular class of person, whether in terms of detention, charge, conduct of trial or time in custody is treated less favourably by the criminal justice system on any of the protected equality grounds and particularly on the basis of perceived political and/or other ideological motivation alone

2. Rights contained within this Bill of Rights shall not be eroded solely on the basis that an individual is suspected of involvement in terrorism. There must be substantive and objective grounds, regularly and independently monitored and reviewed, for lessening any protection accorded to any individual by domestic or international law.

3. In particular, access to legal advice and other visitors and to fair and appropriate conditions of detention shall be accorded on the same basis as elsewhere in this Bill

NO PUNISHMENT WITHOUT LAW (P9, CPR)
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 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 criminal offence was committed.

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 a war crime, crime against humanity or genocide.

RIGHTS WITHIN THE CRIMINAL JUSTICE SYSTEM (CJV)
1. The State shall provide for a criminal justice service that is fair, cost-effective, impartial and meets the needs of anyone accused of a criminal offence, any victim of crime and/or human rights abuse and the interests of justice in society more broadly. It shall be multi-faceted and contain informal and restorative as well as formal investigative and prosecutorial processes. It shall involve civil society as well as statutory agencies. It shall be delivered and regulated in accordance with the provisions in this Bill of Rights.

2. Everyone has the right to legal and administrative action that is lawful, reasonable and procedurally fair.

3. The State shall ensure that appropriate arrangements are in place for comprehensive, appropriate independent monitoring, review, accreditation and training of all bodies and individuals, statutory or otherwise, fulfilling a criminal justice function to ensure decision making and service delivery is conducted in a manner compliant with the provisions in this Bill of Rights.

4. Everyone has the right of access to any information held by the state and any information which is held by another person and is required for the exercise or protection of any rights. The State must provide for an independent and fair system of disclosure of such information.

5. All bodies and individuals concerned with decision making, supervision and delivery of criminal justice, security, immigration and related public services shall treat all individuals with whom they come in contact with dignity and respect at all times.
6. Immigration and criminal justice agencies shall be independent of and separate from each other.

7. All bodies and individuals concerned with decision making, supervision and delivery of criminal justice, security, immigration and related public services shall carry out their tasks in a fair manner, guided, in particular, by the principles of impartiality and non-discrimination.

8. Due sensitivity shall be had to the particular needs or issues arising by virtue of a person鈥檚 age, gender, race, disability, religion, sexual orientation, gender identity, position vis-脿-vis dependants, physical or mental condition and moral, cultural or political beliefs in the particular circumstances pertaining at any given time. Particular consideration must always be had for the situation of individuals belonging to especially vulnerable groups.

9. Decision making around security and criminal justice matters affecting the public shall involve effective community participation, with particular regard given to the equal participation and full involvement of women in all efforts for the maintenance and promotion of peace and security, and the need to increase their role in decision-making with regard to conflict prevention and resolution

10. Due regard must be had to the implementation of a gender-sensitive perspective as a key element in the mainstreaming of criminal justice provision based on equality, equity and respect for every human individual

11. Criminal justice and related agencies fulfilling a criminal justice function, while mindful of their duty to give objective information on their activities to the public, shall not disclose confidential information likely to be injurious to the rights of any individual where such disclosure is not in the interests of justice.

12. Criminal justice and other related public authorities or those fulfilling these functions on the state鈥檚 behalf or otherwise delegated to act in this area, shall only interfere with an individual's right to privacy when strictly necessary and then only to the extent required to obtain a legitimate objective.

13. The collection, storage, and use of personal data by any criminal justice or related public authority or those fulfilling these functions on the state鈥檚 behalf or otherwise delegated to act in this area shall be carried out in accordance with international and domestic data protection principles and, in particular, be limited to the extent necessary for the performance of lawful, legitimate and specific purposes. Particular sensitivity must be displayed in relation to the obtaining, maintenance, use and timely disposal of information relating to children

14. Criminal justice or other personnel delegated to perform a criminal justice function shall, during intervention, be in a position to give evidence of their police or other employment status and professional identity.

15. A person at all stages of the criminal justice process has the right to remain silent and to be informed promptly of this right with no adverse inference being drawn at a later stage if this right is exercised.

16. Fair trial and fair prosecution as identified within this Bill should be taken as relating not only to the rights of the accused, though the particular place of the accused is noted.

17. Criminal justice processes shall not resort to sexist, prejudicial or otherwise discriminatory stereotyping.

18. The State shall effectively prohibit the use of evidence whose relevance is by way of prejudicial myths and/or stereotyping. The State shall give express effect to this provision through appropriate legislation or otherwise.

19. Criminal justice personnel and those delegated to perform such functions in any capacity on behalf of the State, shall not commit any acts of corruption. They shall also rigorously oppose, combat, and, to the best of their capability, prevent all such acts and any violations of the Rights contained within this Bill of Rights

20. Criminal justice personnel and those delegated to perform such functions in any capacity on behalf of the State shall not suffer administrative or other penalties because they have reported that a violation of this Bill of Rights has occurred or is about to occur.

CRIMINAL JUSTICE (P9, W)
For the avoidance of doubt, the application in practice of the right to be free from sex discrimination requires, in this context:

(a) Appropriate legal protection for victims of sexual assault and domestic violence including, in particular, the prohibition of reliance in criminal justice procedures on discriminatory and prejudicial assumptions about female sexuality;

(b) The provision of single-sex custodial institutions and the provision of appropriate and non-discriminatory treatment to women in custody as regards care (including medical care), protection, treatment, training and rehabilitation. Women prisoners must not be attended by male prison officers;
(c) Avoidance of the use of imprisonment for non-violent offences attracting short sentences [?] and, in particular, in respect of fine defaulting, those with mental health problems, pregnant women and the mothers of young children.

POLICING AND CRIMINAL JUSTICE (CJV)
1. Law enforcement officials/ all criminal justice personnel and those delegated to fulfil relevant criminal justice functions on behalf of the state, shall at all times fulfil the duty imposed upon them by law, by serving the community and by protecting all persons against illegal acts, consistent with a high degree of responsibility required by their profession/role.

2. In the performance of their duty, law enforcement officials/ all criminal justice personnel and those delegated to fulfil any criminal justice function on behalf of the state shall respect and protect human dignity and maintain and uphold the human rights of all persons as identified and protected by national and international law.

3. Legislation guiding public policing shall be accessible to the public and sufficiently clear and precise, and, if need be, supported by clear regulations equally accessible to the public.

4. Police/ all criminal justice personnel and those delegated to fulfil any criminal justice function on behalf of the state must always verify and be in a position to articulate the lawfulness of their intended actions.

5. Police personnel/ all criminal justice personnel and those delegated to fulfil any criminal justice function on behalf of the state shall be subject to the same legislation as ordinary citizens, and exceptions may only be justified for reasons of the proper performance of their work in a democratic society.

6. Recruitment procedures to the public police and related areas of employment shall be based on objective and non-discriminatory grounds, following the necessary screening of candidates, with the overall objective of having appropriate police personnel reflective of the society they serve.

7. Police must strictly respect the independence and the impartiality of judges, prosecution and defence lawyers; in particular, the police shall assist in ensuring the effective and timely provision of legal advice and assistance and neither raise objection to legitimate judgments or judicial decisions except through the appropriate judicial appeal process, nor hinder their execution.

8. Police shall, as a general rule, have no judicial functions. Any delegation of judicial powers to the police shall be limited and in accordance with the law. It must always be possible to challenge any act, decision or omission affecting individual rights by the police before the judicial authorities.

9. Public policing shall be organised with a view to earning public respect as professional upholders of the law and providers of services to the public. Policing shall be conducted through the effective and inclusive cooperation of relevant agencies, local communities, non-governmental organisations and other representatives of the public, including vulnerable and traditionally underrepresented groups such as women, young people and ethnic minority groups.

10. Training for Police/all criminal justice personnel and those delegated to fulfil any criminal justice function on behalf of the state shall take full account of the need to challenge and combat racism, sectarianism, sexism, homophobia and xenophobia, to appreciate and attend to the particular needs of children, young people and the vulnerable in society and to inculcate a culture of respect for the human rights of all as the bedrock of effective policing and criminal justice.

11. Matters of a confidential nature in the possession of law enforcement officers/ all criminal justice personnel and those delegated to fulfil any criminal justice function on behalf of the state shall be kept confidential, unless the performance of duty or the needs of justice strictly require otherwise.

12. Police personnel/ all criminal justice personnel and those delegated to fulfil any criminal justice function on behalf of the state, at all levels, shall be personally responsible and accountable for their own actions or omissions or for orders to others.

13. The police organisation shall provide a clear chain of command within the police. It should always be possible to determine which superior is ultimately responsible for the acts or omissions of police personnel.

RIGHT TO EFFECTIVE INVESTIGATION (CJV)
1. Police and other criminal justice investigations shall, as a minimum, be based upon reasonable suspicion of an actual or possible offence or crime.

2. Investigations shall be prompt, effective, transparent and responsive to the needs of victims and society more generally.

3. The police, other criminal justice agencies and any other formal or informal body charged with investigations of a criminal or potentially criminal nature must follow the principles that everyone charged with a criminal offence shall be considered innocent until found guilty by a court, and that everyone charged with a criminal offence has certain rights, in particular the right to be informed promptly of the accusation against him/her, and to prepare his/her defence either in person, or through legal assistance of his/her own choosing.

4. Where investigations are undertaken pursuant to allegations of wrongdoing by the police, other criminal justice agency or other delegated authority, they shall be independent of the particular agency against which allegations have been made. Effective and impartial procedures, both formal and informal shall exist for dealing with complaints against the police and other criminal justice agencies and for the tracking and monitoring of trends and patterns indicative of wrongful policies or practices operated within or by those agencies. Mediation, arbitration or other restorative processes should be considered where possible and appropriate

5. All criminal justice investigations, by whomever undertaken shall be objective and fair. They shall be sensitive and adaptable to the special needs of vulnerable persons and groups, such as those protected by applicable equality legislation.

6. Evidence shall be obtained in a fair manner compliant with national law and the protection of provisions within this Bill of Rights

7. The police and other criminal justice agencies or other delegated authority shall be aware of the special needs of witnesses and shall be guided by rules for their protection and support during investigation and the entirety of the criminal justice process in which they are involved, in particular where there is a risk of intimidation of witnesses.

8. The police and other relevant criminal justice agencies shall provide interpretation/translation where necessary throughout the investigative process.

RIGHT TO A FAIR PROSECUTION PROCESS (CJV)
1. All prosecutions shall be independent and undertaken in the interests of justice

2. There is a presumption in favour of a non-trial restorative process where this is deemed appropriate and in the interests of justice. In particular, children and vulnerable individuals should not be processed through the formal criminal justice system except as a last resort, and appropriate and effective community disposals which are legally enforceable should be available, particularly for children and other vulnerable people.

3. Where a prosecution for a serious offence is stayed, withdrawn or not proceeded with, the public prosecution service should provide written reasons for such action to any alleged or actual victim.

4. A substantive account of the decision making process in such cases should also be made publicly available unless this is manifestly not in the interests of justice or would amount to serious interference with the rights of others, particularly any alleged or actual victim.

5. Where an allegation is not proceeded with at any stage in the proceedings, appropriate guidance must have been followed and the victim provided with a statement as to what criteria have been used to come to this decision. There is an automatic right of appeal where 鈥榥o criming鈥� happens at the police stage.

RIGHT TO A FAIR TRIAL (P8, CPR)
1. In the determination of his/her civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing without undue delay by an independent and impartial tribunal established by law. Everyone has a right to just administrative action that is lawful, reasonable and procedurally fair. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2. Everyone has a right to an appeal to a higher tribunal according to law.

3. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

4. Everyone charged with a criminal offence has the following minimum rights:

a. to trial by jury, unless objective and reasonable grounds are provided and that this requirement is incorporated in relevant legislation.
b. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him/her;
c. to have adequate time and facilities for the preparation of his/her defence;
d. to defend himself/herself in person or through legal assistance of his/her own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
e. to examine or have examined witnesses against him/her and to obtain the attendance and examination of witnesses on his/her behalf under the same conditions as witnesses against him;
f. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

RIGHT TO A FAIR TRIAL (CJV)
1. Measures and services provided in respect of victims, witnesses, jury members and the accused in the preparation of and during the conduct of a court hearing shall be consistent with other rights in this Bill of Rights. In particular measures should be taken in respect of victims, witnesses, jury members and the accused to minimise their inconvenience, respect their privacy and provide protection where necessary.

2. In the determination of a person鈥檚 civil rights and obligations or of any criminal charge against that person, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

3. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

4. Everyone charged with a criminal offence has the following minimum rights:

a. to be informed promptly, in a language which he or she understands and in detail, of the nature and cause of the accusation
b. to have adequate time and facilities for the preparation of an appropriate and effective defence;
c. to defend him or herself in person or through legal assistance of the accused鈥檚 own choosing or, if he or she has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
d. to examine or have examined witnesses for the prosecution and to obtain the attendance and examination of witnesses on behalf of the defence under the same conditions as witnesses for the prosecution;
e. to have the free assistance of an interpreter if the accused or any witness cannot understand or speak the language used in court.

5 .Everyone has the right to effective legal assistance, including the right to a lawyer and, where necessary, an interpreter of experience and competence commensurate with the nature of the offence.

6. Lawyers acting in their capacity as officers of the court are entitled to assistance and support from the Public Authority commensurate with the importance of their role and function. They shall not be subject to hindrance or to intimidation or harassment of any description in the carrying out of their duties.

7. A right to trial by jury for an indictable offence with the right to waive this right if the defendant so wishes.

8. The State shall secure an independent and fair system to ensure effective and timely disclosure or access to the accused of used and unused material in the possession of police or prosecuting authorities or which comes into their hands during the course of an investigation or to which they are aware or have had access, control or possession

9. The accused has the right to avail of all appropriate and relevant evidence in making his or her defence, including evidence relating to the psychology of the accused or other witness where the interests of justice would be served by so doing this right to be exercised in a manner consistent with other provisions in this bill.

10. There is a right of appeal to a higher court against either conviction, sentence or both

11.
1. 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 in accordance with the law and criminal justice procedure

2. The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and criminal justice procedure if
i. the offence is of a serious nature and new evidence has come to light rendering it manifestly in the public interest to proceed to a retrial, and

ii. the new evidence adds substantially to the strength of the prosecution case and could not, with due diligence, given the investigative mechanisms operating at the relevant time, have been adduced at the time of the original hearing.

12. Evidence obtained in a manner which violates any right in the Bill of Rights is to be excluded as admissible evidence

13. Everyone has the right not to be convicted on uncorroborated confession evidence alone.

RIGHT TO A FAIR AND INDEPENDENT JUDICIARY (CJV)
1. Judges, magistrates and other individuals adjudicating or delivering a service within the criminal justice process shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary. They should be particularly concerned, by virtue of their office, not to engage in any act or omission that would bring the administration of justice into disrepute.

RIGHT TO FAIR AND APPROPRIATE CONDITIONS OF DETENTION (CJV)
2. The detaining authority shall inform promptly and in a language and manner which they understand, persons deprived of their liberty of the reasons for the deprivation of their liberty and of any charge against them, and shall also without delay inform persons deprived of their liberty of the procedure applicable to their case.

3. A competent and appropriate interpreter shall be arranged for at the earliest opportunity and be present during questioning. Children shall not be regarded as appropriate interpreters/translators and family members should only be used in exceptional circumstances and with the consent or at the request of the person detained.

4. Where a person has childcaring responsibilities or other dependents, the best interests of the child/dependent must be carefully and competently considered by independent professionals and taken into account in all decisions relating to initial and ongoing detention.

5. Where the person is a child or appears likely to be suffering from a learning disability or mental or personality disorder, an appropriate adult should be contacted at the earliest opportunity, informed as to their own rights and responsibilities in this role, and be present during any questioning.

6. The detaining authority shall provide for the safety, health, hygiene and appropriate nourishment of persons in the course of their custody. Cells or other holding rooms shall be of a reasonable size, have adequate lighting and ventilation and be equipped with suitable means of rest. Detainees shall have access to reading and writing materials, to exercise, to natural light and to communication with the outside world, subject only to conditions and restrictions as specified by law to the extent that these are reasonable in the circumstances. Women, children and people with disabilities are entitled to have their particular needs to privacy and dignity catered for within the detention regime as are other individuals with particular needs and vulnerabilities.

7. Persons deprived of their liberty by the police or otherwise shall have the right to have the deprivation of their liberty and the place of their detention notified to a third party of their choice at the earliest opportunity. All persons have the right to communicate promptly, and to be visited, under appropriate supervision if the investigation so requires, by a family member or other third party of their choice, including a religious counsellor.

8. Persons deprived of their liberty have the right to communicate promptly with and to be examined, at any time day or night, by an appropriately qualified and competent medical practitioner, of their choice to the extent that this is possible.

9. Everyone arrested has the right to consult privately and without delay, and if necessary at state expense, with an appropriately qualified and competent lawyer of their choice and to have that lawyer present during questioning.

10. The Public Authority shall ensure the separation of persons deprived of their liberty under suspicion of having committed a criminal offence from those deprived of their liberty for other reasons. There shall also be a separation between men and women as well as between adults and juveniles. Children shall not be detained in cells designed for adults, nor women in cells designed for men except to the extent these provide a sufficiently high standard of privacy and dignity to the person under detention.

11. All persons deprived of their liberty have the right to be released or charged as soon as reasonably practicable, but not later than 24 hours after the time of arrest.

12. Anyone charged with a criminal offence is presumed to be innocent. Accordingly, any such person should be released unless relevant and sufficient reason can be shown as to the likelihood that accused would a) not attend for trial b) commit a serious offence during release or c) interfere with the proper administration of justice

13. Except for those limitations that are demonstrably necessitated by the fact of detention, all persons detained shall retain the rights contained in this Bill of Rights.

RIGHTS IN DETENTION (CJV)
1. The Public Authority shall fully implement the UN Standard Minimum Rules for the Treatment of Prisoners and the European Prison Rules and shall ensure that protective measures are guaranteed in all places of detention.

2. All people in detention shall receive accessible information about their rights, the type of support they can obtain, including the type of services or organisations to which they can turn for support, and about how to make complaints.

3. Remand in custody shall be a last resort where all appropriate alternatives have been considered and taking into consideration the safety of the public and the likelihood that accused would a) not attend for trial b) commit a serious offence during release or c) interfere with the proper administration of justice

4. Everyone remanded in custody pending trial for an indictable offence has the right to spend no more than 110 days in custody before the commencement of the trial and everyone remanded in custody pending trial for a summary offence has the right to spend no more than 40 days in custody before the commencement of the trial. These rights can be waived or can be removed where the interests of justice clearly require this. The Public Authority shall develop and encourage the use of alternatives to prosecution and custodial sentences.

5. A person convicted of a crime shall be given a custodial sentence only as a measure of last resort and in the interests of justice, consistent with the aim of preventing and reducing crime.

6. All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.

7. There shall be no discrimination on the grounds of race, ethnicity, gender, sexual orientation, gender identity, language, religion, political or other opinion, national or social origin, socio-economic status, property, age or other status.

8. The religious and moral beliefs of prisoners shall be respected.

9. Any person deprived of their liberty shall not for any reason related to their status be denied the civil, economic, political, social and cultural rights to which they are entitled under national or international law, including those conferred by this Bill of Rights, and which are compatible with the deprivation of liberty.

10. No-one shall be imprisoned for non-payment of a fine or for debt.

11. In allocating prisoners to different institutions or regimes, due account shall be taken of their judicial and legal situation and of the special requirements of their treatment, of their medical needs, their sex, gender identity and age.

12. Males and females shall in principle be detained separately including access to discrete healthcare facilities, although they may participate together in organised activities as part of an established treatment programme. Male and female prisoners shall be always be transported separately.

13. In principle, untried prisoners shall be detained separately from convicted prisoners unless they consent to being accommodated or involved together in organised activities beneficial to them.

14. The purposes of the treatment of persons in custody shall be such as to sustain their health and self-respect and, so far as the length of sentence permits, to develop their sense of responsibility and encourage those attitudes and skills that will assist them to return to society with the best chance of leading law-abiding and self-supporting lives.

15. The Public Authority shall ensure adequate and appropriate provision and access to education, training and purposeful activities.

16. Prisoners shall have the right to access a doctor and to appropriate healthcare, when necessary, at any time during the day and night and at least equivalent to that available in the community.

17. Whenever possible, prison authorities shall use restoration and mediation to resolve disputes with and among prisoners. Disciplinary procedures shall be mechanisms of last resort and not contravene provisions on cruel inhuman or degrading treatment.

18. The use of isolation or other special high security or safety measures shall only be applied in exceptional circumstances. In such cases the isolation or special high security measures shall be for the shortest time possible and the alternative regime shall comply with human rights standards, including the provisions in this Bill of Rights.

19. Prisoners shall be locked in cells for no longer than 10 hours out of 24 except in exceptional circumstances on the basis of individual risk assessment with regard to their safety or the safety of others.

20. Prisoners shall be strip searched only where there is reasonable suspicion of risk to their safety or the safety of others. In these exceptional cases, the search shall be carried out by a medical professional of the same gender who is not a person responsible for that individual鈥檚 custodial supervision, and not under conditions that constitute exploitation, cruel inhuman or degrading treatment.

21. Young prisoners (18-21) shall be detained under conditions which as far as possible protect them from harmful influences and which take account of their age, understanding and needs.

22. Young persons who enter detention from a background of being looked after by the Public Authority shall continue to have relevant legislation such as the Children (NI) Order applicable to their treatment and care in detention

23. Persons who are suffering from all diagnosable mental illness including personality disorder and whose state of mental health is incompatible with detention in a prison shall be detained in a therapeutic mental health facility.

24. Persons who are suffering from serious substance addiction and whose state of health is incompatible with detention in a prison shall be detained in an appropriate therapeutic treatment facility.

25. The Public Authority shall ensure continuity of health, personal and social care between community and place of detention.

26. Pregnant women and mothers of young children shall be imprisoned only as a last resort, restricted to those convicted of the most serious offences and who represent a danger to the community. The Public Authority shall provide effective and appropriate alternatives in the community.

27. The Public Authority shall ensure provision of adequate support for the families and children of prisoners and ex-prisoners.

28. All Prisoners shall have the right to vote, in accordance with domestic law and international human rights standards.

RIGHT TO FAIR TREATMENT REGARDING RELEASE FOLLOWING CRIMINAL SANCTION (CJV)
1. With the participation and help of the community and social institutions, and with due regard to the interests of victims, favourable conditions shall be created by the Public Authority for the reintegration and resettlement of the ex-prisoner into society under the best possible conditions.

2. Persons with criminal records have the right not to be discriminated against in employment and/or the provision of goods and services where their convictions are unrelated to the employment or to the intended employment of that person or to the full enjoyment of goods and services on offer to other members of the public.

THE RIGHTS OF VICTIMS/WITNESSES TO A FAIR TRIAL (CJV)
1. Individuals,
a. because of their characteristics as a member of a vulnerable group
b. and/or due to the nature of the offence to which they have allegedly or actually been subjected,
c. and/or because they have been frightened and intimidated have the right not to be subjected to unduly distressing and stressful criminal justice process

2. Vulnerable, frightened or intimidated witnesses shall be facilitated in the provision of their evidence to the court in such a way as to ensure the provision of their best evidence. This includes a right to relevant support and assistance, to waiting areas separate from accused and to special measures for giving evidence to the extent that these do not conflict with the rights of the accused or that any risk of unfairness to the accused can be otherwise mitigated.

3. Victims of sexual crime, child abuse and/or domestic violence have the right to be dealt with only by police and prosecuting staff of commensurate experience and expertise who have been specifically trained for the purpose, and for decisions regarding prosecution to be made only by similar staff.

4. Following any conviction for a serious offence and prior to sentence being delivered, victims have the right to make a statement orally or in writing in open court indicating the impact of the crime on themselves and those close to them

5. Lawyers representing clients or prosecuting in sexual crime, child abuse and/or domestic violence cases shall only be deemed eligible to do so if of commensurate experience and expertise or who have been specifically trained for the purpose.

6. Complainants in rape and/or domestic violence cases are entitled to effective and appropriate legal representation free of charge.

CHILD WITNESSES AND VICTIMS OF CRIME (P13, CYP)
1. The Public Authority shall take all necessary measures to ensure that child witnesses should be supported throughout the court process to ensure that they feel safe, are heard in court and are able to give evidence effectively.

2. This support shall be provided by a State funded independent agency ensuring that:
a. Children shall be continuously and appropriately informed throughout the process;
b. Children shall be dealt with in a respectful manner in a child appropriate environment free from exploitation, intimidation and abuse;
c. Children shall only be cross-examined by trained individuals with child specific expertise;
d. The court process should be taken forward without delay.鈥�

CHILD WITNESSES AND VICTIMS (CJV)
1. The Public Authority shall take all necessary measures to ensure that the voice of the child is heard in any proceedings relevant to that child.

2. The Public Authority shall take all necessary measures to ensure that child witnesses are supported throughout the court process to ensure that they feel safe, are heard in court and area able to give evidence effectively.

3. This support shall be provided by the Public Authority ensuring, at public expense, that:
a. Children shall be continuously and appropriately informed throughout the process;
b. Children shall be dealt with in a respectful manner in a child appropriate environment free from exploitation, intimidation and abuse;
c. Children shall only be cross-examined by trained individuals with child specific expertise;
d. Any court or other relevant process should be taken forward without delay.

CHAIR鈥橲 PROPOSAL

CHILD VICTIMS AND WITNESSES

1. A child witness has the right to support throughout court proceedings to ensure that she or he feels safe, is heard in court and is able to give evidence effectively.

2. Public authorities shall take all necessary measures to ensure that
a. children are continuously and appropriately informed throughout court proceedings;
b. children are dealt with in a respectful and age appropriate manner in a child appropriate environment free from exploitation, intimidation and abuse;
c. children are only cross-examined by trained individuals with child specific expertise;
d. court proceedings should be taken forward without delay.

YOUTH JUSTICE (P14, CYP)
1. Every person under the age of eighteen years should be treated as a child for the purposes of the administration of criminal justice.

2. The Public Authorities recognise the right of every child alleged to, accused of, or recognised as having infringed the criminal law to be treated in a manner consistent with the promotion if the child鈥檚 human rights and dignity, which reinforces the child鈥檚 respect for their human rights and the rights of others and taking into account the child鈥檚 age and the desirability of promoting the child鈥檚 reintegration and the child鈥檚 assuming a constructive role in society.

3. In all decisions taken with in the context of the administration of youth justice, the best interests of the child shall be the paramount consideration.

4. The Public Authority shall ensure that children are held responsible for any infringement of the law in a manner appropriate to the age, understanding and maturity of the child.

5. No child under the age of 16 will be held criminally responsible. The Public Authority shall progressively increase the age of criminal responsibility to 18.

6. The Public Authority shall provide effective alternatives to the criminalisation of children including family based support and community based diversion, which are in the child鈥檚 best interests. All programmes or initiatives should be effectively regulated and monitored by the Public Authority to protect the child.

7. The Public Authority shall guarantee that every child questioned, detained or charged with an offence shall:

a. have criminal charges, subsequent process, their rights and the consequences of their actions explained to them in an accessible, appropriate and timely manner.
b. the right to have access to appropriate legal and other assistance in the preparation of a defence;
c. the right to have any criminal charge determined without delay by a competent, independent and impartial tribunal in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is contrary to his or her best interests and taking into account his or her age or situation, of his or her parents or legal guardians;
d. the right to have an appropriate adult present to represent the interests of the child even if a solicitor or responsible adult is also present;
e. the right to be tried for a criminal offence in an appropriate setting and manner, having regard to the child鈥檚 age, maturity, needs, vulnerability and understanding;
f. the right to have measures taken to ensure his or her participation in and understanding of the criminal proceedings; and
g. the right to have his or her privacy respected before, during and after the proceedings.鈥�

8. 鈥淭he detention of a child must occur only in exceptional circumstances and in accordance with the law. Detention shall be used only as a measure of last resort and for the shortest appropriate period of time. A variety of dispositions and alternatives to institutional care shall be available to ensure that children are always dealt with in a manner appropriate to their well-being and proportionate to their circumstances and the alleged offence.鈥�

9. 鈥淓very child deprived of liberty shall have the following minimum rights:

a. To be treated with respect for his or her dignity and human rights in a manner which takes into account his or her particular needs.
b. The right to be separated from adults in detention and (if they have not received a determination) from children who have already been sentenced;
c. The right to access education, including the right to access the Northern Ireland Curriculum;
d. The right to access medical services;
e. The right to receive care, protection and all necessary support and services, social, educational, vocational, spiritual, psychological, medical and physical care that they may require in view of their age, sex, personality, maturity and understanding;
f. The right to prompt access to appropriate legal and medical assistance and pastoral care;
g. The right to privacy and respect for his or her communications;
h. The right to maintain regular and direct contact with parents, guardians or other family members and friends, save in exceptional circumstances;

10. Girls should be detained separately from boys and shall enjoy the right to receive all appropriate services, care protection, assistance and treatment specific to their gender.

11. The detention of a child must occur only in exceptional circumstances and in accordance with the law. detention shall be used only as a measure of last resort and for the shortest appropriate period of time. A variety of dispositions and alternatives to institutional care shall be available to ensure that children are always dealt with in a manner appropriate to their well-being and proportionate to their circumstances and the alleged offence.

12. No child subject to the administration of the Criminal Justice shall be subject to the use of force or instruments of restraint save where all other methods have been exhausted, and only in exceptional circumstances and where there is a danger to the child or others. Physical restraint and use of force should not cause physical injury, humiliation or degradation, and should only be used for the shortest period of time.

13. The child shall have the right prior to release from an institution to have agreed and resourced an appropriate aftercare and resettlement programme with the appropriate authority to prepare for his or her re-integration into society following release.

YOUTH JUSTICE (CJV)
1. Every person under the age of eighteen years shall be treated as a child for the purposes of the administration of criminal justice.

2. The Public Authority shall ensure that the voice of the child is able to be heard at any and all stage of proceedings relating to that child.

3. The Public Authority shall recognise the right of every child alleged to, accused of, or recognised as having infringed the criminal law to be treated in a manner consistent with the promotion of the child鈥檚 human rights and dignity, which reinforces the child鈥檚 respect for the human rights of themselves and others and which takes into account the child鈥檚 age and understanding and the desirability of the child鈥檚 assuming a constructive role in society.

4. In all decisions taken within the context of the administration of youth justice, the best interests of the child shall be the paramount consideration.

5. The Public Authority shall ensure that children and young people are held responsible for any infringement of the law in an age-appropriate manner.

6. The age of criminal responsibility shall be 16, with a duty on the Public Authority to raise this progressively to 18 in line with other rights and responsibilities in society.

7. Where responsibility for an alleged infringement of the law by a child is disputed there shall be a process to determine responsibility in a manner which fully respects the rights of the child.

8. The Public Authority shall provide effective measures for dealing with children who have infringed the law including family based support and community based diversion, which protects the child and is in the child鈥檚 best interests. All programmes or initiatives should be effectively regulated and monitored by the Public Authority to protect the child.

9. Safeguards for children under the due process of law shall include:

a. the right to have criminal charges explained promptly and in language that he/she
b. understands;
c. to access appropriate legal and other assistance;
d. to have an appropriate adult present even where a solicitor is also present;
e. to remain silent without prejudice;
f. to be tried in an appropriate setting and manner, having regard to the child鈥檚 age, understanding and needs;
g. to have measures taken to ensure his or her meaningful participation in criminal and any relevant civil proceedings;
h. to have his or her privacy respected at all stages of the process.

10. The detention of a child must occur only in exceptional circumstances and in accordance with the law. Detention shall be used only be used as a measure of last resort and for the shortest appropriate period of time.

11. The Public Authority shall provide a variety of alternatives to institutional care to ensure that children are always dealt with in a manner appropriate to their well-being and proportionate to their circumstances and the alleged offence.

12. Children deprived of their liberty shall not for any reason related to their status be denied the civil, economic, political, social or cultural rights to which they are entitled under national or international law, and which are compatible with the deprivation of liberty.

13. Every child deprived of liberty shall be treated with respect for his or her dignity and human rights and shall receive care, protection and all necessary individual support and services - social, educational, vocational, psychological, medical, physical and spiritual -that they may require in view of their age, gender, race, ethnicity, disability, sexual orientation, gender identity, religious, cultural or political beliefs, maturity and needs.

14. Children in detention shall have the right to prompt access to appropriate legal and medical assistance and pastoral care.

15. Every child in detention shall have the right to access the Northern Ireland Curriculum.

16. All children in detention shall be separated from adults and (if they have not yet received a determination) from children who have already been sentenced.

17. Each child in detention has the right to privacy and respect for his or her correspondence and communications and to maintain regular and direct contact with parents, siblings or other family members and friends, save in exceptional circumstances or where it is not in the child鈥檚 best interests.

18. Girls in detention shall be detained separately from boys and shall enjoy the right to receive all appropriate services, care, protection, support and treatment specific to their gender.

19. No child deprived of their liberty shall be subjected to physical punishment, closed or solitary confinement or any other punishment or treatment that may compromise the child鈥檚 physical, mental or emotional health.

20. No child subject to the administration of criminal justice shall be subject to the use of force or instruments of restraint save only in exceptional circumstances where all other methods have been exhausted and failed and where there is a danger to the child or others. Physical restraint and use of force should not cause injury, humiliation or degradation, and should only be used for the shortest period of time.

21. Every child shall have the right, prior to release from an institution, to have agreed and resourced an appropriate resettlement and aftercare programme with the appropriate authority and to have this implemented on release.

22. No child shall be strip searched.

INQUESTS (CJV)
1. The family and friends of a deceased have the right to a timely and effective inquest and, in cases where the State may have some responsibility for the death, to be legally represented free of charge by a lawyer of their own choosing in both the preparation of any case they wish to make and during the proceedings themselves.

2. In the interests of justice, any person alleged to be responsible for or connected with a death is a compellable witness for the purposes of an inquest.

6. CITIZEN鈥橲 RIGHTS

RIGHT TO PARTICIPATION AND GOOD GOVERNANCE (P15, CPR)
Everyone shall have the right and the opportunity without discrimination:
1. to participate freely in public and political life and affairs, either directly or through freely chosen representatives;

2. the right to vote and to be elected at periodic genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

3. the right to access public service without discrimination, as defined in section 1 above.

4. the public authorities shall take active measures to ensure to everyone their full and effective participation on an equal basis in all matters affecting their rights.

CHAIR鈥橲 PROPOSAL

RIGHT TO PARTICIPATION IN PUBLIC LIFE

1. Everyone has the right and shall have the opportunity without discrimination:
a. to participate freely in public and political life and affairs, either directly or through freely chosen representatives;
b. to vote and to be elected at periodic elections which shall be by universal and equal suffrage and by secret ballot, guaranteeing the free expression of the will of the electors; and
c. to access public service.

2. Public authorities shall take appropriate measures to
a. ensure to everyone full and effective participation on an equal basis in cultural, social and economic life and in public affairs, particularly those areas affecting their rights
b. encourage participation of women in political and public life including to achieve balance in the numbers of men and women holding domestic and international public positions and formulating government policy.

FREEDOM OF MOVEMENT (P17, CPR)
1. Everyone has a right to freedom of movement and freedom to choose his/her residence.

2. Everyone shall be free to leave any country, including his/her own.

3. No one shall be arbitrarily deprived of the right to enter his/her own country.

4. Every citizen has the right to a passport.

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

6. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order, public health [or morals] or the rights and freedoms of others.

FREEDOM OF MOVEMENT (P25, W)
1. Everyone has a right to freedom of movement and freedom to choose his or her residence.

2. Everyone shall be free to leave any country, including his or her own.

3. No one shall be arbitrarily deprived of the right to enter his or her own country.

4. Every citizen has the right to a passport.

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

6. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order, public health [or morals] or the rights and freedoms of others. In this context the particular needs of trafficked people, domestic workers and the victims of domestic violence must be taken into account.

CHAIR鈥橲 PROPOSAL

FREEDOM OF MOVEMENT

1. Everyone has the right to freedom of movement and freedom to choose his or her residence.
2. Everyone shall be free to leave Northern Ireland.

3. No one with the right to enter Northern Ireland shall be arbitrarily deprived of that right.

4. Every citizen has the right to a passport.

5. These rights shall not be subject to any restrictions except those that are provided by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others. In this context the particular needs of trafficked people, domestic workers and the victims of domestic violence must be taken into account.

NOMADIC/SEDENTARY (OP1, CIL)
1. Everyone has the right to be nomadic or sedentary and a right to change from one mode of living to the other.

CHAIR鈥橲 PROPOSAL

RIGHT TO CHOOSE A NOMADIC OR SEDENTARY LIFESTYLE

Everyone has the right to chose a nomadic or sedentary lifestyle and to change from one lifestyle to the other.

RIGHT OF COMMUNICATION (P9, CIL)
Everyone has the right to communicate with any public authority through an interpreter, translator or facilitator when this is necessary for the purposes of accessing, in a language that he or she understands, information or services essential to his or her life, health or security. In this context 鈥渓anguage鈥� includes sign language and other forms of communication.

RIGHT TO COMMUNICATE IN IRISH (OP3, CIL)
Individuals have the right to communicate with (on a two-way basis) any public body in Irish and public bodies have an obligation to respect and promote this right.

CHAIR鈥橲 PROPOSAL

RIGHT TO COMMUNICATE

1. Everyone has the right to communicate with any public authority through an interpreter, translator or facilitator when this is necessary for the purposes of accessing, in a language that he or she understands, information or services essential to his or her life, health or security. In this context 鈥渓anguage鈥� includes sign language and other forms of communication.

2. Everyone has the right to communicate with any public authority in Irish.

7. RIGHTS PARTICULAR TO SPECIFIC GROUPS

A. Children and young people

DEFINITION OF THE CHILD (P1, CYP)
For the purposes of the Bill of Rights a child means every human being below the age of eighteen years.

NON-DISCRIMINATION (P2, CYP)
1. Every child has the right to equality and to equal protection and benefit of the law.

2. The Public Authority shall respect and ensure the rights set forth in this Bill of Rights to each child within the jurisdiction without discrimination of any kind, irrespective of the child鈥檚 or his or her parent鈥檚, carers or legal guardian鈥檚 age, 鈥榬ace鈥�, 鈥榗olour鈥�, sex, gender, language, religion, political or other opinion, national, ethnic or social origin, economic status, disability, sexual orientation, birth status, current or previous legal or other status.

CHAIR鈥橲 PROPOSAL

RIGHTS OF THE CHILD

1. A child is entitled to all human rights and fundamental freedoms on the basis of equality and without discrimination. A child is a human being below the age of eighteen years.

BEST INTERESTS OF THE CHILD (P3, CYP)
In all actions and decisions, including policy and legislative decisions, concerning or impacting on children, whether undertaken by public or private institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the paramount consideration.

CHAIR鈥橲 PROPOSAL

BEST INTERESTS OF THE CHILD

1. In all actions and decisions, including policy and legislative decisions, concerning or affecting children, whether undertaken by public or private institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the paramount consideration.

RIGHT TO PARTICIPATE (P9, CYP)
1. The Public Authority shall promote and protect the right of every child to participate in all matters or decisions affecting them in a manner consistent with the age, understanding and maturity of the child.

2. The views of the child shall be respected and considered and given due regard, taking into consideration the age, understanding, maturity and evolving capacities of the child.

3. For this purpose, the child shall in particular be informed of their right to participate and to be provided with appropriate opportunities to be heard in any proceedings , including judicial or administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of law.

4. Children shall have the right to freedom of expression including the freedom to seek, receive and impart information and ideas of all kinds, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. In seeking, receiving and imparting such information children shall be protected from information and material injurious to his or her well-being or safety.

CHAIR鈥橲 PROPOSAL

RIGHT TO PARTICIPATE

1. Every child has the right to have his or her views respected, considered and given due regard in all matters affecting the child, taking into consideration the child鈥檚 age, level of understanding, maturity and evolving capacities.

2. Every child shall be informed of this right and be provided with appropriate opportunities to be heard in any matter, including judicial or administrative proceedings, affecting the child, directly or through a representative or an appropriate body.

3. Public authorities shall promote and protect this right.

FAMILY (P4, CYP)
鈥淭he Public Authority shall respect the rights, responsibilities and duties of the parents, legal guardians and carers to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of their rights.鈥�

STANDARD OF LIVING (P7, CYP)
1. Every child has the right to grow up in a stable, safe and secure family environment and to this end, the Public Authority shall provide all appropriate support and resources necessary to assist parents, carers and legal guardians to carry out their child rearing responsibilities and shall support them in enabling children to grow up to realise their full potential. The Public Authorities obligation under this provision shall end only when it is no longer required and shall in all circumstances be based on the best interest of the child.

2. A child for whatever reason who is deprived of that environment is entitled to special protection and assistance from the Public Authority. The choice of alternative care shall be determined by the best interests of the child alone and should be provided within a reasonable time. Children in alternative care shall enjoy, as a minimum, the same rights and conditions bestowed on children in the criminal justice system as detailed under provision 14. Children leaving the care of the Public Authority should be prepared for and supported towards independent living.

3. All children have the right to the highest attainable standard of living including appropriate and culturally sensitive housing which is determined by the best interests of the child to enable the child to realise their full potential.

4. The Public Authority shall take all necessary measures to ensure the right of all children to the highest attainable standard of living, ensuring the right to appropriate levels of housing, health, education, income and if appropriate social care services.

CHAIR鈥橲 PROPOSAL

RIGHT TO FAMILY LIFE AND CARE

1. Every child has the right to grow up in a stable, safe and secure family environment. A child who for whatever reason is deprived of that environment is entitled to special protection and assistance.

2. Public authorities shall respect the rights, responsibilities and duties of parents, legal guardians and carers to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his or her rights.

3. Public authorities shall provide all appropriate support and resources necessary to assist parents, carers and legal guardians to carry out their child rearing responsibilities and shall support them in enabling children to grow up to realise their full potential. This obligation shall end only when it is no longer required and shall in all circumstances be based on the best interests of the child.

4. Any alternative care shall be determined by the best interests of the child alone and shall be provided in a way that enables children to enjoy all their rights. Children leaving alternative care should be prepared for and supported towards independent living.

PROTECTION FROM ABUSE AND EXPLOITATION (P10, CYP)
1. Every child has the right to be protected from all forms of violence, abuse, maltreatment, neglect and exploitation including sexual abuse, child prostitution, trafficking and involvement in pornography.

2. The Public Authority shall act in the best interests of the child in taking all appropriate legislative, administrative, social and educational measure to protect every child from all forms of physical, mental and emotional violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including, but not limited to such acts or omissions while in the care of the parent(s), legal guardian or any other person who has the responsibility for or care of the child in whatever capacity.

3. Such protective measures should, as appropriate, include appropriate and effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of or responsibility for the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child mistreatment and, as appropriate, for judicial involvement. In determining such protective measures the best interest of the child should be of paramount consideration.

4. The Public Authority shall ensure the media recognise their responsibility in the promotion of child rights and the protection of children.

CHAIR鈥橲 PROPOSAL

FREEDOM FROM ABUSE AND EXPLOITATION

1. Every child has the right to be protected from all forms of violence, abuse, maltreatment, neglect and exploitation including sexual abuse, child prostitution, trafficking and involvement in pornography.

2. Public authorities shall take all appropriate legislative, administrative, social and educational measures in the best interests of the child to protect the child from all forms of abuse and exploitation, including through

a. effective social programmes to provide support to the child and his or her carers; and
b. other forms of prevention and for the identification, reporting, referral, investigation, treatment and follow-up of instances of child mistreatment and, as appropriate, for judicial involvement.

RIGHT TO PLAY AND LEISURE (P8, CYP)
1. The Public Authority shall promote and protect the right of every child to rest and leisure, to engage in play, sport and recreational activities appropriate to the child.

2. The Public Authority shall promote and protect the right of all children to participate fully and freely in cultural and artistic life and shall ensure the provision of all appropriate resources and guarantee the right of every child to access cultural, artistic, recreational, sport and leisure activity.

CHAIR鈥橲 PROPOSAL

RIGHT TO PLAY

1. Every child has the right to engage in appropriate play, sport and recreational activities, to participate in cultural and artistic life and to rest and leisure.

2. Public authorities shall promote and protect this right, ensure the provision of all appropriate resources and enable access to cultural, artistic, recreational, sport and leisure activity.

CHILDREN AND ARMED CONFLICT (P12, CYP)
1. The Public Authority shall not conscript any child into their armed forces.

2. The Public Authority shall ensure that persons who have not attained the age of 18 years are not recruited into their armed forces.

3. The Public Authority shall ensure that children shall not be directly engaged or involved in any capacity in hostilities, including their use as informers.

4. The Public Authority shall take all necessary measures to protect every child from all violence resulting from armed conflict.

5.The Public Authority shall take all necessary measures to guarantee that children affected by violence and conflict have access to prompt and appropriate support and all necessary services for their physical and psychological recovery and their social integration which is in accordance with the best interests of the child.

6. The Public Authority shall take all necessary measures to prevent children being recruited or otherwise involved with any non-state armed group.

SUBJECT TO CONTINUING CONSULTATIONS
B. Women

GENDER EQUALITY (P3, W)
Public authorities must ensure equality between men and women in all areas and must eliminate discrimination on grounds of gender. The term 鈥渄iscrimination on grounds of gender鈥� shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. This provision does not preclude any law, program or activity that has as its object the amelioration of conditions of individuals or groups disadvantaged because of sex. Further, public authorities are under an obligation to take appropriate positive measures to eliminate discrimination and pursue equality on grounds of gender.

Chair鈥檚 comment: mainstreamed into the general equality provision

EQUALITY IN PUBLIC LIFE (P7, W)
Public authorities must take active measures to facilitate full participation of women in political and public life including, where appropriate, by the use of temporary special measures to achieve balance in men and women holding domestic and international public positions and the equal representation of men and women in the formulation of government policy.

Chair鈥檚 comment: mainstreamed into the political participation provision

ECONOMIC PARTICIPATION (P8, W)
The state shall take active measures to facilitate women鈥檚 equal and effective access to the economy, including, in particular, by taking appropriate steps in relation to:
a. education, including vocational education and career guidance, to eliminate gender stereotyping, and to ensure the effective and accessible provision of educational opportunities to pregnant adolescents, young mothers, carers and older women;
b. the provision of suitable affordable childcare;
c. the provision of effective support to carers;
d. transport policy.

Chair鈥檚 comment: mainstreamed into the right to work provision

INTERPRETIVE CLAUSE: VIOLENCE AGAINST WOMEN (CJV)
1. "Violence against women" means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

2. Violence against women shall be understood to encompass, but not be limited to, the following:
b. Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;
c. Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution;
d. Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.

SUBSTANTIVE PROVISIONS: VIOLENCE AGAINST WOMEN (CJV)
1. The Public Authority shall take all appropriate measures to prevent and eliminate all forms of violence against women and girls, whether physical, sexual, emotional or psychological occurring in public or in private life.

2. The criminal justice agencies, courts and other relevant agencies shall ensure that perpetrators of violence against women and girls are brought to justice and that sentencing, parole arrangements and any remission of time reflects the serious nature of the crimes and the potential for re-offending.

3. All women and girls involved as witnesses or victims of such violence shall be entitled to access to justice, appropriate gender-sensitive support and protection systems.

4. The Public Authority shall ensure a full range of appropriate perpetrator programmes for all offenders of violence against women which shall be mandatory in nature.

5. Criminal justice agencies should receive gender-awareness training; including on the extent and nature of violence against women.

6. The Public Authority shall adopt measures directed towards the elimination of violence against women who are especially vulnerable to violence.

CHAIR鈥橲 PROPOSAL

WOMEN鈥橲 RIGHT TO LIVE FREE FROM VIOLENCE

1. Every woman has the right to live free from violence, including any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

2. Every woman who is a victim of violence or a witness to the infliction of violence has the right within the justice system to protection and support that is appropriate and sensitive to her situation.

3. Public authorities shall take all appropriate measures, including legislative measures, to prevent and eliminate and provide redress for all forms of violence against women and girls, whether physical, sexual, emotional or psychological occurring in public or in private life.

C. Victims

DEFINITION: VICTIMS OF THE CONFLICT (CJV)
Victims of the conflict means:
1. The surviving physically and psychologically injured of violent, conflict related incidents and those close relatives or partners who care for them, along with close relatives or partners who mourn their dead.

2. With a view to promoting the principles of truth and reconciliation in the aftermath of a lengthy period of conflict, the Government shall take legislative and other measures to ensure that the loss and suffering of all victims of the conflict and the responsibility of State and non-State participants are appropriately and independently established, and/or acknowledged and remembered.

3. All victims of the conflict have the right to verification of the facts and full and public disclosure of the truth.

4. The Public Authority shall ensure that victims of the conflict have the necessary care and support in accordance with their needs including personal security and access to health and mental health care, income support, employment, training and education, though government, voluntary and community-based means.

CHAIR鈥橲 PROPOSAL

VICTIMS OF THE CONFLICT

1. Every victim of the conflict has the right to full disclosure of the truth in relation to the injury suffered as a result of the conflict, including the right to access all relevant information.

2. Every victim of the conflict has the right to necessary care and support in accordance with his or her need.

3. Public authorities shall ensure that victims of the conflict have access to necessary care and support that is gender appropriate, including personal security and access to health and mental health care, income support, employment, training and education.

4. 鈥淰ictims of the conflict鈥� are the surviving physically and psychologically injured of violent, conflict related incidents and those close relatives or partners who care for them, along with close relatives or partners who mourn their dead.

DEFINITION: VICTIMS OF CRIME AND ABUSE OF POWER WITHIN THE CRIMINAL JUSTICE SYSTEM AND VICTIMS OF HUMAN RIGHTS ABUSE (CJV)
1. 鈥榁ictims鈥� means persons who individually or collectively have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws within the jurisdiction including those laws proscribing criminal abuse of power or through acts or omissions that are in violation of international and domestic human rights obligations operative within the jurisdiction, including this Bill of Rights.

2. A person is a victim regardless of whether the crime or human rights abuse is reported to the police or other authorities, regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term 鈥榲ictims鈥� also includes, where appropriate, the immediate family or dependents of the direct victims and persons including lawyers and voluntary sector workers who have suffered in intervening to assist victims in distress or to prevent victimisation.

RIGHT TO BE PROTECTED FROM CRIME AND VICTIMISATION (CJV)
3. The Public Authority shall take all necessary steps to reduce the risk of victimisation or repeat victimisation through measures consistent with international and domestic human rights standards.

4.The Public Authority shall not practice, permit or tolerate enforced disappearances and shall establish effective facilities and procedures to investigate thoroughly cases of missing and disappeared persons in circumstances which may involve a violation of the right to life.

TREATMENT WITH COURTESY, RESPECT, FAIRNESS AND DIGNITY (CJV)
5. The Public Authority shall ensure that all officials and other persons dealing with victims treat them with courtesy, respect, fairness and dignity and in a way responsive to age, gender, sexual orientation or gender identity, ethnic, cultural, religious, socio-economic, political and linguistic differences or disability.

ACCESS TO JUSTICE AND FAIR TREATMENT (CJV)
6. All victims have the right to have the crime or abuse in question investigated thoroughly, promptly and impartially.

7. Victims have the right to verification of the facts and full and public disclosure of the truth relating to the crime or abuse.

8. The Public Authority shall provide victims with access to mechanisms of justice and redress which are expeditious, fair, inexpensive, transparent and accessible, in keeping with international standards, and provided for by domestic legislation through:
a. judicial and administrative mechanisms, civil as well as criminal, which will enable victims to obtain redress;
b. informal mechanisms for the resolution of disputes, including mediation, arbitration and restorative processes, where appropriate, to facilitate conciliation and redress for victims;
c. information about their rights in seeking redress through all these mechanisms

9. Victims and their family members have the right to make representation at every stage of the investigative, judicial or administrative process, where their personal interests are affected, in a manner appropriate to their needs and are entitled to receive a written reply regarding the decisions taken.

10. Victims have the right to be adequately informed of reasons for any decision not to prosecute or to amend the original charges against the accused or not to proceed with the matter through other processes.

11. Victims have the right to be informed of their role and the scope, timing and progress of proceedings and of the disposition of their cases.

12. The Public Authority shall provide appropriate assistance to victims throughout informal, investigative, judicial and administrative processes and shall take measures to minimise inconvenience to victims, protect their privacy, when necessary, and ensure their safety, as well as that of their families, witnesses, and jury members, from intimidation, retaliation or harassment.

13. The Public Authority shall ensure the avoidance of unnecessary delay in the disposition of cases.

14. The Public Authority shall reimburse victims and witnesses for their reasonable expenses related to the procedure incurred as a result of their legitimate participation in relevant proceedings.

RIGHT TO INFORMATION AND SUPPORT (CJV)
15. Victims have the right to information, including information on their rights as victims, and must be informed of this at the earliest possible opportunity.

16. Victims have the right to information about support and services available to them.

17. The Public Authority shall ensure that every victim of an indictable crime is notified in advance of the release or early release of the person prosecuted or sentenced for the offence. Victims also have the right not to receive this information unless communication of it is compulsory under criminal proceedings.

18. The Public Authority shall ensure that victims have the necessary care and support in accordance with their needs and vulnerability, including personal security and access to health and mental health care, income support, employment, housing, training and education, though government, voluntary and community-based means and that victims are referred to such support.

19. Particular support and assistance shall be provided when the death is that of a child.

RESTORATION, REPARATION AND COMPENSATION (CJV)
20. The Public Authority shall endeavour, where appropriate, to establish or enhance systems of restorative justice that seek to represent victims鈥� interests as a priority and in accordance with victims鈥� dignity and rights. Participation in such proceedings shall be voluntary on the part of the victims concerned.

21. The Public Authority shall endeavour to provide compensation to victims who have sustained significant bodily injury or impairment of physical or mental health as a result of violent crime and where appropriate to the victims鈥� family, in particular dependents of persons who have died as a result of such victimisation. Any such compensation shall be fair, appropriate, timely and accessible including where necessary emergency and/or interim payments.

BOY CHILD AND MALE VICTIMS (CJV)
1. The boy child and all male victims of sexual, physical, emotional or psychological abuse equally have the right to protection from all forms of violence and to gender appropriate support and assistance.

CHAIR鈥橲 PROPOSAL

VICTIMS OF CRIME OR OF HUMAN RIGHTS VIOLATIONS

1. Every victim of crime or a human rights violation has the right to justice and redress.

2. Every victim of crime or a human rights violation has the right to
a. have the crime or violation in question investigated thoroughly, promptly and impartially
b. make representations and to be kept informed at every stage of the investigative, judicial or administrative process, particularly where their personal interests are affected
c. full disclosure of the truth relating to the relevant crime or human rights violation, including through access to any relevant information
d. redress, through judicial and other measures, civil as well as criminal, formal and informal
e. necessary care and support in accordance with his or her need.

3. Public authorities shall provide appropriate assistance and support to victims throughout informal, investigative, judicial and administrative processes, including protecting their safety and privacy, keeping them informed and avoiding unnecessary delays.

4. Public authorities shall provide all victims of crime or human rights violations with access to mechanisms of justice and redress which are expeditious, fair, inexpensive, gender appropriate, transparent and accessible, in keeping with international standards, and provided for by domestic legislation and shall provide information to victims about accessing these mechanisms.

5. Public authorities shall ensure that victims of crime or human rights violations have access to necessary care and support that is gender appropriate including personal security and access to health and mental health care, income support, employment, training and education.

6. Public authorities shall endeavour to provide compensation to victims of crime or human rights violations who have sustained significant bodily injury or impairment of physical or mental health as a result of violent crime and, where appropriate, to the victims鈥� family.

7. Recognition as a victim of crime is not dependent on whether the crime or human rights violation is reported to the police or other authorities, whether a perpetrator is identified, apprehended, prosecuted or convicted or whether there is a familial relationship between the perpetrator and the victim. The term 鈥榲ictims鈥� also includes, where appropriate, the immediate family or dependents of the direct victims and persons including lawyers and voluntary sector workers who have suffered in intervening to assist victims in distress or to prevent harm or injury.