Summary of an Act
World Legislative Act #15
Statute of the World Bench for Human Rights Cases
Human Rights Court
Declares and lists basis in preamble for Human Rights Bench of World Court. Recounts origin of Human Rights Bench in Earth Constitution and in Convention of World Government of World Citizens.
Comprises World Court of Human Rights as Bench for Human Rights as defined in Article 9, Section B1 of Earth Constitution.
Empowers Court to process petitions for writ of World Habeas Corpus and other complaints or communications by and on behalf of individuals if individual security or other human rights are violated without due process of law.
3. The Jurists
Composes Regional Courts with Juris-Consults of recognized competence in World Law.
Defines jurisdiction of Court of Human Rights
5. Associate Justices
Requires Presiding Council of World Judges to assign Associate Justices from nominations to preside Regional Courts.
Defines term of office for judges.
Specifies conditions for replacement of judges.
Requires judicial independence with no other professional function.
Prohibits participation as an agent, counsel or advocate, or in cases if Member judge has previously taken part as agent, counsel or advocate.
Prohibits dismissal without cause.
Requires oath of every member of Court.
12. Registrars - Clerks - Consent
Specifies qualifications for appointment of registrars and clerks without requirement of consent by parties involved or counsels of record.
13. Presiding Officers
Defines Chief Justice and Associate Justices as Presiding Officers of respective Tribunals.
14. Court of Review
Presiding Judge to designate Associate Justices to accommodate all parties in interest without preventing Court of Review from sitting and exercising functions elsewhere if desirable.
15. Permanent Session
Requires permanent session of Court of Human Rights.
Specifies conditions for Alternate Members of Court.
17. Full Court
Requires full Court to sit in all judicial venues except when Chief Justice expressly determines otherwise.
Specifies Circuit Tribunals judgment as subject to review only by Chief Justice and two designated Associate Justices.
Specifies conditions for appeals from decision of Regional Tribunals.
Requires Court to occasionally determine Rules of Procedure for carrying out functions.
Provides emoluments for members of Court.
Requires Tribunal to bear the expense of each Regional Court.
Permits only individuals (natural persons) or groups of individuals to be parties in cases before Court to seek redress for deprivation of any human right.
24. Access to Court
Provides access to World Court
25. World Bill of Rights
Lists and specifies 15 additional human rights not necessarily listed in Articles 12 and 13 of Earth Constitution.
26. World Habeas Corpus
Includes those rights designated in Article 25 as types of rights for which violations may result in writ of world habeas corpus.
Empowers sanctions by World Court, World Ombudsmus and Enforcement Department of Earth Federation, upon natural or corporate persons.
28. Special Competence of Chief Justice
Specifies further provisions for appeal from decisions of Circuit Tribunals.
Requires party to make any petition for Writ of World Habeas Corpus to Circuit Tribunal having jurisdiction over place where person is detained, imprisoned or deprived of any other human rights.
Requires specified allegations.
31. Prima Face Relief
Permits conditionally Associate Justice to find, prima facie, that petition is legally sufficient, and, empowers Associate Justice to issue show cause order upon respondent state as to why writ of world habeas corpus should not issue or relief sought should not be granted.
32. Show Cause
Requires time sensitive show cause order from Court.
33. Return to Show Cause Order
Requires specification in return to show cause order.
34. Motion to Dismiss
Allows petitioner time to challenge motion to dismiss.
35. Failure to Show Cause
Empowers Court to issue writ of world habeas corpus and set early date for hearing on relief sought.
Empowers Court to issue subpoenas and subpoenas duces tecum.
Requires service of process.
38. Production of Body
Requires production of body as disclosure of custody.
39. Infirmity of Petitioner
Requires consideration in case of infirmity of petitioner.
Permits direct or supervisory custody by World Court.
41. Proceedings Without Delay
Requires Court to proceed without delay upon respondent’s return or answer, to examine cause of imprisonment or restraint, but examination may be adjourned from time to time as circumstances and substantive justice requires.
42. Defense to Return
Permits party imprisoned or restrained to traverse respondent’s return or answer.
Provides for alternate Justice in hearings.
44. Public Hearing
Requires hearing in Court to be public.
45.1. Requires Registrar or Registrar’s Assistant to make Minutes of each hearing. Registrar or Assistant appointed for Circuit Tribunals who attends hearing shall sign Minutes, affirming validity; Court minutes are permanent record. Requires Court to make all Minutes publicly available.
45.2. Requires Court Reporter or Rapporteur to authenticate minutes by oath.
46. Flexibility of Procedure
Grants flexibility of procedure to Court for conduct of each case. Requires Court to decide form and time in which each party must conclude presentation of evidence and arguments and make all arrangements connected with presenting or taking of evidence, including deposition form, if necessary.
47. Judgment on Fact
Declares necessity for judgment on integrity and independence of appropriate, competent, material, relevant and ascertainable fact. Requires Court to proceed exparte if declination persists. Declares unchallenged or unrebutted evidence as pro confesso and final.
48. Legislative Review
Requires Commission for Legislative Review to review functions of Presiding Judge of this Statute to help determine original intent of World Judicial Commission, which drafted most of this legislative Act.
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Adopted 9:50 a.m., 27 March 2003, Bangkok, Thailand, by the sixth session of the Provisional World Parliament, in conformance with the Constitution for the Federation of Earth. Statute of the World Court of Human Rights, was originally drafted by Lou Kutner, Attorney, original author of the Living Will. The Statute was originally adopted by the World Judicial Commission Convention of World Government, convened 12 June 1974, at Mulhouse, France.
Eugenia Almand, JD, Secretary
Provisional World Parliament
Please note links to the following Human Rights Declarations. While the provisional World Parliament has not yet taken decision regarding most of these important human rights instruments, in principle the Earth Federation acknowledges and should enforce at least as much protection as is directed by these human rights instruments:
- Universal Declaration of Human Rights 1948
- International Covenant on Economic, Social and Cultural Rights 1966
- International Covenant on Civil and Political Rights 1966
- Optional Protocol to the International Covenant on Civil and Political Rights
- Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
- International Convention on the Elimination of All Forms of Racial Discrimination ICERD
- Convention on the Elimination of All Forms of Discrimination against Women CEDAW
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CAT
- Convention on the Rights of the Child CRC
- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ICRMW
Also note link to the International Law texts links page of the Office of the United High Commissioner for Human Rights, which lists these above links to human rights declarations, as well as other core human rights treaties, and approximately 101 widely or generally-recognized universal human rights instruments as conventions, other treaties or forms of international law.