09-03-2009, 11:08 PM
Jan Klimkowski Wrote:Damien - this is a LaRouche source. I went to the link and couldn't find the actual clause the article refers to.
If you find the actual clause - "the footnote of the footnote" - please can you post it in this thread.
Thank you.
Ask and you shall recieve:
http://www.europarl.europa.eu/charter/convent49_en.htm
Full text of the Charter (the dumbed down version for the plebs):
http://www.europarl.europa.eu/charter/pdf/text_en.pdf
[size=12]
Article 1
[/SIZE]Human dignity
Human dignity is inviolable. It must be respected and protected.
Article 2
Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
[size=12]Article 3...2. No one shall be condemned to the death penalty, or executed.
[/SIZE]
Ahh, doesn't that sound fluffy and nice.
Explanations by the convention (all the legal wording needed to understand what it means)
http://www.europarl.europa.eu/charter/pdf/04473_en.pdf
Article 2
Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.Right to life
1. Everyone has the right to life.
1. Paragraph 1 of this Article is based on the first sentence of Article 2(1) of the ECHR, which
reads as follows:
"1. Everyone's right to life shall be protected by law…"
reads as follows:
"1. Everyone's right to life shall be protected by law…"
2. The second sentence of the provision, which referred to the death penalty, was superseded by
the entry into force of Article 1 of Protocol No 6 to the ECHR, which reads as follows:
"The death penalty shall be abolished. No-one shall be condemned to such penalty or
executed."
Article 2(2) of the Charter is based on that provision.the entry into force of Article 1 of Protocol No 6 to the ECHR, which reads as follows:
"The death penalty shall be abolished. No-one shall be condemned to such penalty or
executed."
3. The provisions of Article 2 of the Charter correspond to those of the above Articles of the
ECHR and its Protocol. They have the same meaning and the same scope, in accordance
with Article 52(3) of the Charter. Therefore, the "negative" definitions appearing in the
ECHR must be regarded as also forming part of the Charter:
(a) Article 2(2) of the ECHR:
"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;
© in action lawfully taken for the purpose of quelling a riot or insurrection."
(b) Article 2 of Protocol No 6 to the ECHR:
"A State may make provision in its law for the death penalty in respect of acts
committed in time of war or of imminent threat of war; such penalty shall be applied
only in the instances laid down in the law and in accordance with its provisions…"ECHR and its Protocol. They have the same meaning and the same scope, in accordance
with Article 52(3) of the Charter. Therefore, the "negative" definitions appearing in the
ECHR must be regarded as also forming part of the Charter:
(a) Article 2(2) of the ECHR:
"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;
© in action lawfully taken for the purpose of quelling a riot or insurrection."
(b) Article 2 of Protocol No 6 to the ECHR:
"A State may make provision in its law for the death penalty in respect of acts
committed in time of war or of imminent threat of war; such penalty shall be applied
The worm has ate the apples core, beneath the skin lies curled.
Just so many a man lies sore, from the worm within the world.
Just so many a man lies sore, from the worm within the world.