EU Draft Constitution

Here is the “EU Draft Treaty”:http://european-convention.eu.int/DraftTreaty.asp?lang=EN

Part II is the Charter of Fundamental Rights of the Union

The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values.

Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice. The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it seeks to promote balanced and sustainable development and ensures free movement of persons, goods, services and capital, and the freedom of establishment.

Some interesting rights, II-3-2-c

the prohibition on making the human body and its parts as such a source of financial gain,

I wonder if that is interpreted to ban the patent of gene sequences. It should be.

II-9

The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

Chickening out.

II-13

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

This is nice, in addition to religion being free from government interference art and science are listed. We can’t let politics and propaganda direct where research is going. It’s good to put this into law.

II-21-1

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

This is really bold. First good for them for saying sexual orientation. Huge applause for saying genetic features, then hesitance and surprise with regards to property. A very literal reading of this would be problematic for a capitalist society. I’m not sure that that is the intention, and I dislike a lack of precision in documents like this.

II-35

Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.

Well, no surprise really, I am still undecided on universal health care. While I think it should be given to people, I look at places like the UK and worry. I would like to think that their system is mismanaged, and not fundamentally flawed; but I am unsure.

II-52-1

Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.

Well, this is complete garbage. In my mind it completely delegitimizes any guarantee of rights, and honestly makes the claim to the usage of the word “rights” very questionable.

All in all, it’s nice, not stirring in any real way. It feels forced, like the people can barely agree on wording in many many places. It does incorporate some new ideas that I think are very important; wider anti-discrimination laws, patents of gene sequences (possibly) yet it lacks the power of the US Constitution and Bill of Rights both in style and substance. I am a proponent of a Constitution which displays what you as a people believe strongly. If you believe in personal liberty, do you also make provision for people to limit that liberty at some later date? I say no.

When you create a Constitution you are creating something greater than the government. The government must be subservient to the Constitution, this is the basis for the Rule of Law. It seems to me that Europe doesn’t share this view.