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US 27835 v2a

Learner’s Guide

LEGAL STUDIES

Unit Standard 27835


Version 2 | Level 1 | Credit 4

Demonstrate
understanding of
concepts of democracy
and government

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About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will explore key concepts of democracy and government. In particular you will
look at the concepts and characteristics of New Zealand’s government system. You will also look
at the characteristics of some other types of government.
By the end of this guide you will be able to explain:
• different concepts of democracy and government, and how these are applied in New
Zealand and other countries
• different characteristics of democracy and government and how these are expressed in
New Zealand and other countries
• the similarities and differences between New Zealand’s system of government and other
systems of government.
As you work through the guide, there are a number of activities for you to complete. These
include:
• activities to help you make sure you understand the content
• tasks that help you reflect on different political situations throughout the world.
You will need to have access to the Internet or a public library to complete these tasks. Talk to
your teacher if you have difficulty accessing these.
A glossary containing difficult or technical words has been included at the end of this guide.
Words in the glossary are highlighted in the main text.

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Useful
Resources
Books
Boast, R., Finn, J., & Spiller, P. (2001). A New Zealand legal history. (2nd ed.). Wellington: Brookers
Ltd.
Palmer, G., & Palmer, M. (2010). Bridled power: New Zealand’s constitution and government. (4th
ed.). Melbourne: Oxford.
Sanders, K., & Scott, P., Webb, D. (2010). The New Zealand legal system: Structures and processes.
(5th ed.). Wellington: LexisNexis.

Websites
Amnesty International http://amnesty.org
BBC News http://bbc.co.uk
Human Rights Watch http://hrw.org
Freedom House http://freedomhouse.org
New Zealand Electoral Commission http://elections.org.nz
New Zealand Herald http://nzherald.co.nz
New Zealand Ministry of Justice http://justice.govt.nz
Statistics New Zealand http://stats.govt.nz
The Constitution Conversation http://ourconstitution.org.nz
The World Justice Project http://worldjusticeproject.org/rule-of-law-index
Wikipedia http://wikipedia.org.nz

Legislation
Bill of Rights Act 1990
Constitution Act 1986
Electoral Act 1993
Human Rights Act 1993
Magna Carta 1297
Treaty of Waitangi 1840

International Treaties, Covenants and/or Declarations


International Covenant on Civil and Political Rights
Universal Declaration of Human Rights

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Contents

Concepts of Democracy and Government 2


Rule of Law 3
Separation of Powers 6
Rights and their limitations 9
Checks and balances 12
Civil liberties 14

Characteristics of New Zealand’s system of government 18


Near-universal suffrage 20
Free and fair elections 22
Respect for Human Rights 24
Unrestrained media 27
Constraints on executive power and independent judiciary 29
Protection of minorities 32

Other forms of government 35


Theocracy 37
Oligarchy 38
Autocracy 40

Review activity 42

Glossary 46

Appendix 1: Universal Declaration of Human Rights 47

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LESSON 1:

Concepts of Democracy
and Government

Learning Objectives
On completion of this lesson, learners will have an understanding of A space has been left
the following concepts of democracy and government: on the right of every
page for you to make
Rule of law notes about what
Separation of powers you are learning.
Rights and their limitations
Checks and balances
Civil liberties

In this guide you are going to learn about key concepts of


government and democracy.

What is a government?
A government is an organisation that has control over an area
of land. A government performs three main roles in relation to
the area of land and the people living in it:
• To make and improve laws
• To make sure essential services (education, police, health
etc) are implemented according to the law
• To have systems of justice (such as courts and tribunals)
that deal with those who break the law, or to help those
who are involved in disputes.

What is a democracy?
Democracy means, ‘rule by the people.’ A democratic
government is a government that is run by citizens who are
chosen by other citizens.
It is generally accepted that democratic governments are the
type of governments that offer the best range of freedoms to its
people.
(You will learn more about other governments in the final
lesson.)

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LESSON 1: Concepts of Democracy and Government

The following concepts (ideas, beliefs) are important in democratic


governments.

Rule of law

Separation of
Civil liberties
Powers

Concepts of
democracy

Rights
Checks and
and their
balances
limitations

We will look at each of these concepts in turn.

Rule of Law

All people are equal before the law and must


follow the law.
Government officials and the Courts must treat
everyone equally.
Wealth, status, nationality etc have no effect on a
person’s rights under the law.

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LESSON 1: Concepts of Democracy and Government

In New Zealand
• New Zealand tries to apply the rule of law
consistently.
• All people must follow the law regardless of
their wealth, race, or gender etc.
• New Zealand has been recognised as one of
the least corrupt countries in the world since
2016.1
• However, there is still room for improvement.
Many academics believe that the rule of law is
not applied consistently in all situations. For example, the Courts
may be harsher on Māori or Pacific Islanders than other races.2

Around the World


In some countries, the rule of law is not applied consistently. Look at
the two examples below:

Example 1: Argentina Example 2: People’s Republic of


In Argentina, there have been some China
problems with implementation of the Although the courts in China are relatively
rule of law. Government agencies do effective, there has often been political
not consistently investigate claims of interference. Also, administrative agencies
misconduct. The Government is not often are often influenced by wealthy individuals
accountable for their performance.3 or other influential people (corruption).4

1 Transparency International. Corruption perceptions index 2016. Retrieved from https://www.transparency.org/news/feature/


corruption_perceptions_index_2016 (date accessed 2018, February 01).
2 Workman, K. Māori over-representation in the criminal justice system – does structural discrimination have anything to do with it?.
Retrieved from http://www.rethinking.org.nz/assets/Newsletter_PDF/Issue_105/01_Structural_Discrimination_in_the_CJS.pdf (link expired)

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LESSON 1: Concepts of Democracy and Government

Read about the rule of law in other countries:


The World Justice Project – Rule of Law Index 2016
provides specific details and examples of how different
countries apply the rule of law.
This booklet can be accessed at:
https://worldjusticeproject.org/sites/default/files/
documents/RoLI_Final-Digital_0.pdf

Answer the following questions based on the


Check Your information above:
Understanding 1. What is the rule of law?

2. How effective is New Zealand in applying the rule of law?

Choose one country that interests you. Research how


Try it for it applies the rule of law. Is the rule of law applied at an
Yourself acceptable level? Why? Why not?
HINT: Use the World Justice Project document to find
the information you need.

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LESSON 1: Concepts of Democracy and Government

Separation of Powers

There are three main parts of a government:

Legislature Judiciary Executive


Power to make and Power to make Power to make
change laws judgements on law laws into action

It is important that each of these powers do their work without


interference from the other parts of government. This makes sure
that one organisation does not have all the power (which could lead
to corruption and the rule of law being weakened).

For example:
1. The executive branch of government should not interfere with
the specific decisions made by the judiciary.
2. The judiciary should not criticise the laws made by the
legislature. (However the judiciary can interpret laws in a way
that they think is fair and just.)

In New Zealand
• New Zealand has a reputation for ensuring
that the three powers are kept separate.
• There are many checks and balances in place
to ensure that each branch of government is
separate and independent.
• There is concern that there is not enough
separation between the executive and
legislature. Many academics have argued
that it is too easy for the executive government to push law
through without thorough debate by the legislature.
This issue was highlighted with the introduction of the Paid
Parental Leave bill that was introduced by the Labour Government
in November 2017. The National Government argued that the
bill should not have been introduced as urgent as it will not be
thoroughly reviewed.3

3 Radio New Zealand. Govt puts Parliament into urgency to start 100-day plan https://www.radionz.co.nz/news/political/343384/
govt-uses-urgency-to-start-100-day-plan (date accessed 2018, February 01).

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LESSON 1: Concepts of Democracy and Government

Around the World


Not all countries have a ‘three powers’ approach like New Zealand.
Look at how the following countries try to make sure that no one
branch of government has too much power:

Example 1: Costa Rica Example 2: Taiwan


Costa Rica has five powers instead of Taiwan also has five powers instead of
three. These powers are the legislature, three. These powers are the legislature,
executive, judiciary, AND: executive, judiciary, AND:
• Electoral branch (a branch that deals • Examination branch (a branch that
with elections only) deals with the management of civil
• Audit branch (a branch that audits service personnel
the actions and finances of the • Audit branch (a branch that audits the
government) actions and finances of the government)

Check Your 1. What is the Separation of Powers?


Understanding

2. Why is the separation of powers important?

Continued on next page...

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LESSON 1: Concepts of Democracy and Government

3. What are the three branches of government in New Zealand?

Read the following information about the judiciary


Try it for in North Korea. Does the separation of powers exist
Yourself effectively in North Korea? Why? Why not? Explain.

North Korea’s judiciary is neither transparent nor independent.


All personnel involved in the judiciary—including judges,
prosecutors, lawyers, court clerks, and jury members—are
appointed and tightly controlled by the ruling Workers’ Party
of Korea. In cases designated as political crimes, suspects
are not even sent through a nominal judicial process; after
interrogation they are either executed or sent to a forced labor
camp, often with their entire families.4

4 Human Rights Watch. (2012). World report 2012: North Korea. Retrieved from http://www.hrw.org/world-report-2012/world-report-
2012-north-korea (date accessed 2018, February 01).

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LESSON 1: Concepts of Democracy and Government

Rights and their limitations

Most governments have laws that limit the power


of the government.
Some countries have a supreme law called a
‘constitution’.
Other countries have laws, rules, and principles
that limit power.

In New Zealand
New Zealand does not have a constitution.
However, there are a number of laws that limit the
power of the government.
Bill of Rights Act 1990
• The Act gives important rights to NZ citizens.
These include freedom from discrimination,
the right to have a fair hearing, rights when
imprisoned, etc.
• All laws made by the Government must comply with the terms of
the Bill of Rights Act.
Constitution Act 1986
• This Act outlines New Zealand’s system of government. It
highlights the roles and functions of the legislature, executive,
and the judiciary. The Government cannot act outside this law.
Treaty of Waitangi 1840
• The Treaty of Waitangi is New Zealand’s founding document. It is
an agreement between the British Crown and Māori. The Treaty
is one of the factors that must be taken into account when
making law in New Zealand.
Other laws that restrict the role of government in New Zealand:
Human Rights Act 1993, Electoral Act 1993, Magna Carta 1297

Around the World


Some countries put limitations on the role of government to
maximize the rights of the individual. Other countries have very few
limitations on the role of the government. These governments often
abuse the rights of citizens living in the country.
Look at the examples over the page. Both governments highlighted
have constitutions. However, one government places a great deal of

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LESSON 1: Concepts of Democracy and Government

importance on their constitution (USA) and the other does not (North
Korea).

Example 1: United States of Example 2: North Korea


America North Korea has a constitution called the
The Constitution of the United States ‘Socialist Constitution of the Democratic
of America is one of the most famous People’s Republic of Korea.’ Although
constitutions in the world. This the constitution allows for freedom of
constitution is supreme law in the United expression and freedom of religion, it is
States. This means that the Government widely believed that North Koreans are
cannot make legislation that is against not permitted to express their political
the terms of the constitution. The or religious views. The North Korean
Government must follow the constitution Government does not consistently follow the
in all their actions. terms of their constitution.

What do 1. Why is it important for a government to have


You Think? limitations on its power?

2. What are some ways that a government limits its own powers?

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LESSON 1: Concepts of Democracy and Government

Read the following section. Do you think it is good that


Try it for the Treaty can limit the actions of the New Zealand
Yourself Government? Why? Why not?

The role of the Treaty of Waitangi in New Zealand’s constitution


The Treaty is generally regarded as New Zealand’s founding document and influences the
relationship between the Crown and Māori.
The Treaty of Waitangi is an agreement made between the British Crown and Māori chiefs
in 1840. It enabled the British to establish a government in New Zealand and confirmed
to Māori the right to continue to exercise rangatiratanga (chieftainship).

The Treaty of Waitangi and the exercise of public power


The Treaty is one of the factors that may be taken into account in law-making and public
decision-making.
References to the Treaty in legislation require public decision-makers to take the Treaty
into account in the specific context of the legislation. For example, the New Zealand
Public Health and Disability Act 2000 provides opportunities for Māori to contribute to
decision-making and the delivery of health and disability services.
Generally legislation refers to principles of the Treaty rather than the Treaty itself.5

5 The Constitution Conversation. Treaty of Waitangi. Retrieved from http://www.ourconstitution.org.nz/Treaty-of-Waitangi (link expired).

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LESSON 1: Concepts of Democracy and Government

Checks and balances

It is important to make sure that a government is


accountable for their actions.
In most countries, organisations exist that check
the Government is operating according to the law
(or constitution)
The three branches of government often monitor
each other.

For example:
1. The legislature can inquire about the actions of the executive
and ask them to explain why they have taken certain actions.
2. The judiciary can interpret laws that are made by the legislature
in a way that the judiciary thinks is fair and just.

In New Zealand
In New Zealand the following organisations check
the Government in order to make sure that they are
acting in accordance with the law:
• Ombudsman
The ombudsman investigates complaints raised
by the public (or issues they have identified
themselves). They do not take sides – they just
investigate both sides of the issue and then
report on it.
• Auditor-General
The Auditor-General helps give the public confidence that all
public-sector organisations are operating properly. The Auditor-
General investigates different matters and highlights changes
that need to be made, if necessary.

Around the World


Other governments have branches or organisations that help ensure
that the government is performing its role in accordance with the
law. Look at the examples on the next page.

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LESSON 1: Concepts of Democracy and Government

Example 1: United Kingdom and other Example 2: South Korea


liberal democratic countries In South Korea, judges for the
One important element that acts as a check and constitutional court are partially
balance on the actions of the Government, is the appointed by the judiciary and
media. partially appointed by the legislature.
The media informs the public about the actions This ensures that one branch of
of the Government. If the public are unhappy with government does not have absolute
the actions of the Government, they will complain decision-making power over who
or protest. As the Government wants to be re- should be involved in the judiciary.
elected, they will probably stop or resolve their
actions in order to regain public support.

Note: Some governments do not have organisations that perform


checks and balances. As a result, the citizens from these countries
often suffer from abuses of human rights and justice.

What types of checks and balances do most


Check Your governments have to prevent an abuse of
Understanding government power?

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LESSON 1: Concepts of Democracy and Government

Civil liberties

Rights for citizens that are guaranteed by a


government.
These rights are based on human rights.
Civil rights are normally outlined in the ‘Bill of
Rights’ or ‘Human Rights’ laws that have been
enacted by the Government.

Here are some general civil liberties that are granted by most
democracies:

Right to life

Right to
Freedom from
meet in
torture
groups

Civil liberties

Freedom from
Right to marry
slavery

Right to
choose own
religion

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LESSON 1: Concepts of Democracy and Government

In New Zealand
New Zealand has a good history of giving civil
liberties to its citizens. Look at the following
contents of the New Zealand Bill of Rights Act
1990. These highlight the basic civil liberties that
are offered to all New Zealanders.

Part 2: Civil and political rights


Life and security of the person
8 Right not to be deprived of life
9 Right not to be subjected to torture or cruel treatment
10 Right not to be subjected to medical or scientific
experimentation
11 Right to refuse to undergo medical treatment

Democratic or civil rights


12 Electoral rights
13 Freedom of thought, conscience, and religion
14 Freedom of expression
15 Manifestation of religion and belief
16 Freedom to peaceful assembly
17 Freedom of association
18 Freedom of movement

Non-discrimination and minority rights


19 Freedom from discrimination
20 Rights of minorities

Search, arrest, and detention


21 Unreasonable search and seizure
22 Liberty of the person
23 Rights of persons arrested and detained
24 Rights of persons charged
25 Minimum standards of criminal procedure
26 Retroactive penalties and double jeopardy
27 Right to justice

Note: Go to legislation.govt.nz to read about each of these civil


liberties in more detail. You will need to type ‘Bill of Rights Act
1990’ into the search box.

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LESSON 1: Concepts of Democracy and Government

Around the World


There are a number of countries around the world that give a full
range of civil liberties to its citizens. These governments include the
United Kingdom, Australia, Japan, and so on.
Some other governments do not have a good record of offering civil
liberties to its citizens. Look at the following examples below:

Example 1: Saudi Arabia Example 2: Myanmar


Many civil liberties are restricted in Saudi Freedom of Assembly has recently
Arabia. Women especially have a number of been restricted in Myanmar with the
restrictions placed on them. For example, passing of the Peaceful Assembly
women must have a male guardian who is and Procession law. Only protests
responsible for them and they have to get that the Government approves are
permission before getting married. allowed to go ahead.
In Saudi Arabia, there is no religious freedom. Also, a law was recently passed
All Saudis are expected to follow the national which prevents people publishing
religion, Islam. documents that criticize state policy.

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LESSON 1: Concepts of Democracy and Government

Look at the following map and list five countries that have
Try it for a good record of offering civil liberties and five countries
Yourself that have a poor record of offering civil liberties.

Key to Map: Answers:


= good record of Good
civil liberties: Poor civil liberties:
providing civil liberties
= partly good record of 1. 1.
providing civil liberties 2. 2.
= poor record of
providing civil liberties 3. 3.
4. 4.
5. 5.

6 Freedom House. 2017 Freedom in the world. Retrieved from https://freedomhouse.org/report/freedom-world/freedom-world-2017


(date accessed 2018, February 01).

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LESSON 2:

Characteristics of New
Zealand’s system of government

Learning Objectives
On completion of this lesson, learners will have an understanding of
the key characteristics of New Zealand’s system of government.

In the previous lesson, you learnt about the key concepts of


democracy and government:

Rule of Checks and Separation Rights and their Civil


law balances of powers limitations liberties

In this lesson you will study the key characteristics of New Zealand’s
system of government, a liberal democracy. The following diagram
highlights these characteristics.

Near
universal
suffrage

Protection of Free and fair


minorities elections

New Zealand’s
system of
government
Free and fair Respect for
elections human rights

Constraints
Unrestrained
on executive
media
power

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LESSON 2: Characteristics of New Zealand’s system of government

The concepts that you studied in the previous lesson are the key
building blocks to a system of government like New Zealand’s one.

Think of New Zealand’s system of government like a tree:


1. The roots of the tree are the concepts of democracy and
government.
2. The trunk of the tree is liberty and equality for all citizens.
3. The branches and leaves of the tree are the specific
characteristics of New Zealand’s system of government.

Constraints on
Unrestrained executive power
media
Free and fair
elections
Protection
of minorities
Near universal
suffrage
Respect for
human rights
Independent
judiciary

LIBERTY EQUALITY

Separation Rights and


of Powers their limitations

Civil Liberties Rule of Law

Checks and
balances

In this section, we will look at the different characteristics of New


Zealand’s system of government.

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LESSON 2: Characteristics of New Zealand’s system of government

Near-universal suffrage

Suffrage means the right to vote


This characteristic relates to: for a political party or people to
represent you in government.
Most countries with systems of
government like New Zealand’s
Rule of Law:
allow for all citizens over a certain
Everyone is equal before the age (usually 18) to vote, regardless
law. Laws should be made that of their gender or race.
apply to all people (not just
specific groups). Usually people under 18 are not
permitted to vote in democracies.
This is because those under 18
are thought to be too young to
make important decisions.
This is an area of debate. Many
Civil Liberties:
people think that those under 18
It is a right of all citizens to be
able to vote for who they want should be given the right to vote
to represent them in parliament. for who is running their country.

One characteristic of New Zealand’s system of


government is that everyone has the right to vote.

In New Zealand
• New Zealand has universal suffrage for those over 18.
• New Zealand was the first country to give women the right to
vote. Kate Sheppard (who appears on the $10
note) played an important role in this.
• All New Zealand citizens, regardless of
gender, race, religion etc are allowed to vote.
• One exception is that any person who is
sentenced to any term of imprisonment is not
allowed to vote while they are in prison. Many
people believe that this is against the rule of
law and civil liberties.

7 BBC News UK. (2012, October 14). Viewpoints: Can 16- and-17-year olds be trusted with the vote? Retrieved from http://
www.bbc.co.uk/news/uk-19908031 (date accessed 2018, February 01)

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LESSON 2: Characteristics of New Zealand’s system of government

Check Your 1. What is suffrage?


Understanding

2. Who is allowed to vote in New Zealand?

3. Which concepts of democracy does suffrage relate to?

Read the following quote from a newspaper article. In


Try it for the quote the writer is arguing that 16 and 17 year olds
Yourself should be allowed to vote.

We already accept 16-year-olds are able to make rational long-term decisions because we allow
them to work full-time, join the Army, and pay tax. I don’t think you can argue young people
are able to take the decision to choose to get married or to have children, but are incapable of
choosing how to vote.
But it’s not just about capability. Young people rely on public services such as transport and
schools, but they have no influence over policies which affect their lives - it’s no wonder they
are disengaged. Lowering the voting age gives these young people the chance to have their say
over the society they want to be part of.7

Do you agree with the writer’s opinion? Why? Why not?

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LESSON 2: Characteristics of New Zealand’s system of government

Free and fair elections

‘Elections’ refers to the selection of:


This characteristic relates
mostly to: • a political party to govern the
executive part of government
AND
• members of parliament to
debate new laws and to
Rule of Law: hold the executive part of
Everyone is equal before the
law. Laws should be made that
government accountable.
allow all people to engage fairly There are many different ways that
in the election process.
political parties are elected into
parliament. The most important
element of elections is that they
need to be free and fair for all
citizens.
Rights and their Limitations:
The Government should not be Free and fair elections have the
able to make laws or act in a following characteristics:
way that prevents free and fair
elections. • An independent organisation
that administers (runs) the
election process
• Guaranteed rights for citizens under a constitution or election
law
• The media represents all political parties equally
• Accessible polling places
• An open and transparent voting and ballot counting process
• Freedom of speech and expression during the election process
• Freedom for all political groups (and other groups) to meet
• Freedom to register as an elector, a party, or a candidate
• Freedom to access voting places and to vote in secret
• Freedom to question or complain about the voting process

One characteristic of New Zealand’s system of


government is that elections must be free and fair.

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LESSON 2: Characteristics of New Zealand’s system of government

In New Zealand
• Elections in New Zealand are thought to be free
and fair.
• Elections are held every three years (and
parliament is unable to change this).
• Every New Zealand citizen over 18 must enrol to
vote.
• The Electoral Commission is responsible for
administering elections. This commission is
independent from the Government.
Look at the following objectives of the Electoral Commission:

The Electoral Act defines the objective of the Electoral


Commission as:
“… to administer the electoral system impartially, efficiently,
effectively, and in a way that-
(a) facilitates participation in parliamentary democracy; and
(b) promotes understanding of the electoral system; and
(c) maintains confidence in the administration of the electoral
system.”8

Check Your 1. What are elections?


Understanding

2. What should elections be like in a country?

3. Are elections in New Zealand free and fair? Why? Why not?

8 Electoral Commission. (2013, May). Electoral commission: Statement of intent. Retrieved from http://www.elections.org.nz/
sites/default/files/plain-page/attachments/Electoral Commission SOI 2013-16_0.pdf (date accessed 2018, February 01).

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LESSON 2: Characteristics of New Zealand’s system of government

Respect for Human Rights

Human rights are the rights that


This characteristic relates all human beings should be given,
mostly to: regardless of their nationality,
place of residence, sex, national
or ethnic origin, religion, sexual
orientation, language, or any other
Rule of Law: status.
Everyone is equal before the
The Universal Declaration of
law. Laws should be made that
give all people their human Human Rights was adopted by
rights. the United Nationals General
Assembly in 1948. This document
outlines the basic human rights
that apply to all humans. Read this
declaration in Appendix 1.

Civil Liberties: Elements of the declaration


Laws should be made that have been included in many
give citizens basic freedoms international treaties, such as
as highlighted in the Universal
Declaration of Human Rights.
the International Covenant on
Civil and Political Rights (ICCPR).
The ICCPR has been signed and
ratified by 167 countries.
Although documents such as
Rights and their Limitations: the ICCPR highlight a country’s
The rights of the Government intention to follow human
should be limited so that they
rights law, all countries need
cannot override the rights of the
individual to liberty and equality. to implement that law into their
national law.

Can you think of any other human rights than the ones
What do listed above? If you are not sure, refer to the Universal
You Think? Declaration of Human Rights document in Appendix 1.

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LESSON 2: Characteristics of New Zealand’s system of government

One characteristic of New Zealand’s system of


government is that human rights are respected.

In New Zealand
New Zealand has two pieces of legislation that include elements
from the Universal Declaration of Human Rights and the ICCPR.
These laws are the:
Human Rights Act 1993
This law outlaws various forms of discrimination,
including discrimination based on:
• Marital status
• Ethical belief
• Disability
• Sexual orientation
• Political opinion

Bill of Rights Act 1990


This law outlines the various freedoms of New Zealand citizens in
relation to civil and political rights. (See the previous section on this
law).
In general, New Zealand has a very good record of providing human
rights for its citizens. For example, in 2013 New Zealand amended
the Marriage Act 1955 to permit people of the same sex to marry
each other. It was argued that it was a human right for two adults to
marry each other, regardless of sex.
However, child poverty and violence against woman are growing
human rights concerns in New Zealand:
Up to one in three children are living in poverty in New Zealand, a
large majority of these being Māori or Pacific Island children.9
There have been increases in the level of violence against women;
however, the Government is committed to putting more funding
towards dealing with issue.10

9 Amnesty International. New Zealand 2016/2017. Retrieved from https://www.amnesty.org/en/countries/asia-and-the-pacific/


new-zealand/report-new-zealand/ (date accessed 2018, February 01).
10 Ibid.

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LESSON 2: Characteristics of New Zealand’s system of government

What do 1. What are human rights?


You Think?

2. What is the name of an important international human rights treaty (covenant)?

3. Does New Zealand have a good human rights record? Why? Why not?

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LESSON 2: Characteristics of New Zealand’s system of government

Unrestrained media

The media is the term given for


This characteristic relates
mostly to:
organisations that communicate
current events and news with the
public.
In countries with systems of
government like New Zealand’s,
Rights and their Limitations: the media should be free to
The Government should be report any news that it thinks
limited in the restrictions that it is important for the public. This
puts on the media.
is provided that it respects
confidentiality and privacy laws.
All citizens should be free to
find out information that helps
them participate in society. They
Civil Liberties: should know about the actions
The public should also be free of the Government and be able
to find out information that they to debate the decisions of the
think is important for them.
Government openly.

‘We have seen repeatedly throughout the world, that censorship


and control of information serves the interest of a privileged few;
the rule of law is negatively affected, human rights ignored and
impunity and corruption unchecked. In contrast, a free, diverse
and responsible media promotes transparency and accountability,
informs public debate and helps to ensure governments address
the concerns and aspirations of all citizens.’

Professor Guy Berger, Rhodes University

One characteristic of New Zealand’s system of


government is that the media is unrestrained by
the Government.

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LESSON 2: Characteristics of New Zealand’s system of government

In New Zealand
• The freedom of the media is guaranteed in the Bill of Rights Act
1990.
• The media is generally free from any government interference. It
can act as a ‘watchdog’ against government abuses of power.
• There has been a history of media censorship in New Zealand.
For example, during World War 2, all media outlets were
censored. This was to ensure that no information that could
benefit the enemy was released.
• The media cannot publish anything that discriminates against
someone/a group or is factually untrue.

Check Your 1. What is the media?


Understanding

2. Why is it important to have a media that is not restrained?

3. Do you think it is important to have media censorship during times of war? Why?
What are the dangers of such media censorship?

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LESSON 2: Characteristics of New Zealand’s system of government

Constraints on executive power


and independent judiciary
Two key characteristics of
This characteristic relates systems of government like New
mostly to: Zealand’s are the:
• constraints that are placed
on the executive and
• the independence of the
judiciary.
Separation of Powers:
If the three branches of Constraints on executive power
government are independent Constraints on the executive
and separate, then this means mean that limits are put in place
that the executive branch cannot
override the powers of the to ensure that the executive
legislature and judiciary. branch of government does not
have too much power. Most
countries, like New Zealand,
have the following constraints
in place to stop the executive
acting without the support of the
Checks and Balances: legislature and general public:
The three branches of government
should act independently and also Separation of Powers
‘keep an eye’ on the operation of Power is spread between the
the other branches of government
to make sure that they are not legislature, judiciary, and the
overstepping their powers. executive (see the previous lesson
for more information about this).
A codified constitution
A constitution clearly highlights the rights of all citizens and
the powers of the Government. Governments cannot alter the
constitution or act in a way that is against the terms of the
constitution.
An upper house
An upper house has the function of giving advice and consent to
some executive decisions. It acts as a ‘watchdog’ over the executive
and can, is some cases, stop laws from being passed.
An elected head of state
An elected head of state, such as a President, is usually restricted to
serving the country for a limited period.

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LESSON 2: Characteristics of New Zealand’s system of government

Independent judiciary
In addition to having constraints on the executive, another
characteristic of countries similar to New Zealand is an independent
judiciary. An independent judiciary has the following characteristics:

Free from interference

The outcome of Respected by government


a case cannot
Once a decision Impartial
be influenced by
those involved has been
in the case or by made, this The outcome
others who are decision must of a court case
interested in the be respected by must not be
outcome. the executive influenced by
branch of the judge’s
government. personal interest
in the case.

Two characteristics of New


Zealand’s system of government are
constraints on the executive and an
independent judiciary.

In New Zealand
• New Zealand generally has an executive
government that is constrained. If it exercises
too much power, the legislature, media, and
other watchdogs will raise the issue.
• However, there is concern that New Zealand
does not have:
a) A constitution
b) An upper house
Having these elements may further improve the functioning of
the executive.
• Also, the judiciary is generally very independent in New Zealand.

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LESSON 2: Characteristics of New Zealand’s system of government

Check Your 1. What does the term ‘constraints on executive


Understanding power’ mean?

2. Why is it important to have an executive branch of government that has


constraints on it?

3. What are three elements of an independent judiciary?

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LESSON 2: Characteristics of New Zealand’s system of government

Protection of minorities

This characteristic relates mostly to:

Rule of Law: Civil Liberties:


Everyone is equal before the law, Everyone has the right to enjoy
including minority groups. freedom and basic rights, including
minority groups.

What do Think of some minority groups in New Zealand.


You Think?

Minority
groups

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LESSON 2: Characteristics of New Zealand’s system of government

It is important that the voices of minority groups are heard. This


means that those who belong to minority groups should be able to
participate effectively in the Government and be able to have their
say about issues that affect them.
Countries should also ensure that minorities have freedom from
persecution and discrimination. There are many international
conventions and other documents that affirm the rights of minority
groups.
For example:
• The Yogyakarta Principles have been approved as an official
document in relation to the rights of LGBTQ people.
• The Convention on the Rights of Persons with Disabilities
covers the rights of persons with disabilities
• The Framework Convention for the Protection of National
Minorities covers rights of ethnic minority groups within a
country.

One characteristic of New Zealand’s system


of government is the protection of all minority
groups.

In New Zealand
• New Zealand is a multi-cultural society.
There are many different ethnic groups as
well as people with different religions, sexual
orientations, political leanings, and so on.
• New Zealand has two key laws that protect
the rights of all New Zealanders, including
minority groups. These laws are:
• The Human Rights Act 1993
• The Bill of Rights Act 1990
• When compared to other countries throughout the world, New
Zealand does a relatively good job at protecting minority groups.
• Although minority groups have the same rights under law as
the majority, there is still a big gap in outcomes between the NZ
European (Pākehā) majority and minority groups. For example
the Ministry of Health states the following.
“In 2013, non-Māori were more advantaged than Māori
across all socioeconomic indicators presented. Māori adults
had lower rates of school completion and much higher rates

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LESSON 2: Characteristics of New Zealand’s system of government

of unemployment. More Māori adults had personal income


less than $10,000, and more Māori adults received income
support. Māori were more likely to live in households without
any telecommunications (including internet access) and
without motor vehicle access. More Māori lived in rented
accommodation and lived in crowded households. One in five
Māori children and two in five Māori adults are obese. These
rates are higher than the national average.”11

Check Your
1. What is a minority group?
Understanding

2. How are minority groups protected by liberal democracies?

3. Does New Zealand have a good reputation for protecting minority groups?

11 Ministry of Health. Socioeconomic indicators Retrieved from https://www.health.govt.nz/our-work/populations/maori-health/


tatau-kahukura-maori-health-statistics/nga-awe-o-te-hauora-socioeconomic-determinants-health/socioeconomic-indicators
(date accessed 2018, February 01)

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LESSON 3:

Other forms of
government

Learning Objectives
On completion of this lesson, learners will have an understanding of
other forms of government, including:
Theocratic governments
Oligarchical governments
Autocratic governments

In the previous lessons, you learnt about the key concepts of


democracy and the key characteristics of New Zealand’s system of
government:

Characteristics of New
Concepts of
Zealand’s system of
Democracy
government

Near-universal suffrage

Checks and balances Free and fair elections

Separation of powers Respect for human


rights
Rights and their
limitations An unrestrained media

Civil liberties Constraints on executive


power
Rule of law
Rule of law and
independent judiciary
Protection of minorities

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LESSON 3: Other forms of government

In this lesson, you will learn about other forms of government. The
forms of government that you will look at do not apply to all the
concepts of democracy that you have learnt about. The following
diagram highlights five forms of government that do not apply (or
even aim to apply) each concept of democracy.

Theocracy

Authoritarian
Oligarchy
government

Forms of
Government

Anarchy Autocracy

Absolute
Monarchy

Forms of government
We will look at three of these forms of government in detail:
• Theocracy
• Oligarchy
• Autocracy

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LESSON 3: Other forms of government

Theocracy

A theocracy is a government where God is


recognised as the head of the government.
‘Theo’ means ‘God’ and ‘-cracy’ means
government. In a pure theocracy, the leader
is believed to have a direct connection with
God. The actions of a theocratic government
depend on the beliefs that the Government
has about the nature of God.

Buon giorno! Vatican City is a country within


a city. It is situated in the heart of Rome. Our
government is a Christian theocracy. Any laws that
are made are in accordance with God’s Word as
written in the Bible. The Pope is the head of our
country. He can make any laws, provided that they
are consistent with God’s word.
There are fewer than 1000 people living in this country
– making it one of the smallest in the world. All the
people who live in this country must be Catholic.

Salam! My name is Medina and I am from Saudi


Arabia. Saudi Arabia is a wealthy country in
the Middle East. Saudi Arabia has a king called
Abdullah. The King must follow Sharia law and the
Quran in any laws that he makes.
My country follows Islamic law more closely than
any other country in the world. Some foreigners
criticize my country because women do not have
the same opportunities as men here. All women
must have a guardian, they cannot drive freely,
and they cannot travel without permission.
Also, it is illegal for any citizen to convert to
another religion. Everyone must be Muslim. There
are harsh penalties for changing religions.

As you can see from the descriptions above, a theocracy is very


different to a New Zealand’s system of government.
Rule of Law – In some theocracies, not all people are treated
equally before the law. People who are a different gender or different
religion may not have the same rights as others.

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LESSON 3: Other forms of government

Separation of Powers – In many theocracies, all decision-


making power is usually vested in one person, who is seen as a
representative for God. That person will often make new laws,
execute the laws, and make decisions on individual cases. However,
some theocracies apply the Separation of Powers more consistently.

Civil liberties – Civil liberties are often heavily restricted in a


theocracy in order to ensure compliance with religious doctrine. For
example, people may not be able to eat certain foods or take part in
certain activities because the religion forbids these.

Oligarchy

An oligarchy is a form of government where the power rests in a


small number of people. These people may be a group that is a
specific race or a group who have a specific education, specific
amount of wealth, or type of military control.
Often oligarchies are controlled by a few families who pass their
wealth from on one generation to the next.

Hallo. I used to live in South Africa before its first democratic elections in
1994. Before the 1994 elections, many international observers called South
Africa an oligarchy. This was because a small minority (Caucasian South
Africans) had power over the majority.
In elections, only the minority were allowed to vote or have decision-making
power. A number of areas were segregated so that the minority and majority
groups could not mix in public.
The judiciary and the legislature were all controlled by the Caucasian minority.
South Africa has changed a lot now; however there are still many race-based
issues that the country needs to work through.

Hi! I’m from the USA. Although the USA calls itself a liberal democracy, I
think it is an oligarchy. It seems to me that the wealthiest 1% have nearly
all of the political power. Graduates from Harvard and Yale Universities
dominate political and financial leadership. The last person appointed
to the Supreme Court who did not go to Harvard or Yale was in 1981!
Unbelievable!
Political power needs to be shared between ALL people, regardless of their
education or wealth.

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LESSON 3: Other forms of government

You are now going to think about how an oligarchy applies the key
concepts of democracy.

South Africa prior to 1994


1. How was the rule of law applied in South Africa prior to 1994?

2. What civil liberties were abused during this time?

3. What characteristics of a liberal democracy did South Africa not


have during this time?

USA today
1. According to the speaker in the speech bubble above, what
concepts of democracy are not being fully complied with in the
USA?

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LESSON 3: Other forms of government

Autocracy

An autocracy is a type of government where one person has


all power. The person in control does not submit themselves to
legislation or the courts.

Saus-dey! In Cambodia during 1975 – 1979, the


Khmer Rouge ruled Cambodia. The leader, Pol
Pot, had control over all aspects of life. He made
all laws and changed them according to his own
desires.
There were no elections, no freedom of speech,
and little recognition of human rights.
If anyone opposed Pol Pot, he arranged to have
them killed. There were no proper court cases.

Kia Ora. I am studying history at university. One


of the most infamous autocratic leaders was Adolf
Hitler. Hitler required the whole German population
to accept everything that he said as absolute law.
He systematically took control of the executive
and legislative approaches of the Government.
He made sure that all parties that opposed his
policies were banned.
He made laws that discriminated against Jews
and other minority groups, which eventually led
to the deaths of millions. Through his rule, the
atrocities of the Holocaust were caused.

You are now going to think about how an autocracy applies or fails
to apply the key concepts of democracy.

South Africa prior to 1994


1. According to the speaker, how was the Separation of Powers
applied (or not applied) in Cambodia?

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LESSON 3: Other forms of government

2. According to the speaker, how were civil liberties abused.

3. What characteristics of a liberal democracy did Cambodia not


have during this time?

Nazi Germany
1. What concepts of democracy were not applied by the Hitler and
the Nazi Party?

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Review
activity

In this activity, you will compare New Zealand’s system of


government with another form of government. Read the article
below and answer the questions that follow.

My name is Sarah. I lived in Uganda from 1950 to 1978. From 1971,


Uganda was ruled by Idi Amin. His full title was, ‘His Excellency
President for Life, Field Marshal Alhaji Dr. Idi Amin Dada, Lord of
All the Beasts of the Earth and Fishes of the Seas and Conqueror of
the British Empire in Africa in General and Uganda in Particular.’

Idi Amin seized power in a military coup in 1971 and declared himself
president of Uganda. Amin installed military personnel in government
positions.

Amin persecuted any group that opposed his rule. First, he persecuted
anybody who supported the old president, Obote. My family were
supporters of Obote. Amin’s soldiers killed my two uncles and one of
my aunts. It is something that has haunted me forever.

Amin also persecuted other ethnic groups. All Asians were made
to leave the country, many intellectuals (such as lawyers, doctors,
university lecturers etc) we imprisoned or assassinated. Apparently
over 500,000 people were killed during Amin’s rule.

Under Amin, parliament did not have any law making power – all this
power was given to Amin. All judicial power was given to the military,
which was also controlled by Amin.

I was fortunate to escape Uganda and live in Tanzania as a refugee. If I


stayed in Uganda, I don’t think I would have survived.

Idi Amin addressing the United


Nations General Assembly in New
York, 1975.

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Review activity

Choose three different concepts of democracy and complete one of


the tables below for each concept. For each concept of democracy,
you need to:
1. Explain what the concept is
2. Describe one characteristic that relates to the concept of the
democracy
3. Explain how the concept and characteristic is applied in New
Zealand
4. Explain how the concept and characteristic was not applied
in Uganda under Idi Amin’s rule.
Use examples to support your answers.

1
Concept of
Democracy

2
Characteristic(s)
of Democracy

3
New Zealand
government
explanation

4
Ugandan
government
explanation

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Review activity

1
Concept of
Democracy

2
Characteristic(s)
of Democracy

3
New Zealand
government
explanation

4
Ugandan
government
explanation

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Review activity

1
Concept of
Democracy

2
Characteristic(s)
of Democracy

3
New Zealand
government
explanation

4
Ugandan
government
explanation

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Glossary

accountable to be responsible for actions or decisions

caucasian a white person of European origin

concept an idea, belief

constitution a body of fundamental principles in which a state is governed

constraints limitations or restrictions

corrupt acting dishonestly for money or personal gain

democracy a system of government that is run by citizens who are chosen by other
citizens

executive a branch of government that controls the running of government


departments

government an organisation that has control over an area of land

implement put a decision, plan, or agreement into effect

independence self-rule, freedom

interference the act of preventing (a process or activity) from continuing or being


carried out properly

international a formal written agreement between two or more nations


treaties

judiciary a body of judges, who makes decisions in relation to laws created by the
legislature

legislature a government body that makes laws

liberal democracy a democratic system of government in which individual rights and


freedoms are officially recognised and protected, and the exercise of
political power is limited by the rule of law

misconduct unacceptable behaviour, behaviour that is against set rules

Sharia law religious law from the Islamic tradition

suffrage the right to vote in political elections

torture the action of inflicting severe pain on someone as a punishment

watchdogs a monitor in the form of a person, activity, or situation

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Appendix 1: Universal Declaration


of Human Rights

PREAMBLE
Whereas recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in
barbarous acts which have outraged the conscience of mankind,
and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has
been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and oppression,
that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly
relations between nations,
Whereas the peoples of the United Nations have in the Charter
reaffirmed their faith in fundamental human rights, in the dignity
and worth of the human person and in the equal rights of men and
women and have determined to promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in
co-operation with the United Nations, the promotion of universal
respect for and observance of human rights and fundamental
freedoms,
Whereas a common understanding of these rights and freedoms is
of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS
UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common
standard of achievement for all peoples and all nations, to the
end that every individual and every organ of society, keeping
this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and
by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the
peoples of Member States themselves and among the peoples of
territories under their jurisdiction.

Article 1.
• All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.

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Article 2.
• Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status. Furthermore,
no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to
which a person belongs, whether it be independent, trust, non-
self-governing or under any other limitation of sovereignty.

Article 3.
• Everyone has the right to life, liberty and security of person.

Article 4.
• No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.

Article 5.
• No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.

Article 6.
• Everyone has the right to recognition everywhere as a person
before the law.

Article 7.
• All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8.
• Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights
granted him by the constitution or by law.

Article 9.
• No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.
• Everyone is entitled in full equality to a fair and public hearing by
an independent and impartial tribunal, in the determination of his
rights and obligations and of any criminal charge against him.

Article 11.
• (1) Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defence.
• (2) No one shall be held guilty of any penal offence on account

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of any act or omission which did not constitute a penal 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 penal offence was
committed.

Article 12.
• No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon his
honour and reputation. Everyone has the right to the protection
of the law against such interference or attacks.

Article 13.
• (1) Everyone has the right to freedom of movement and
residence within the borders of each state.
• (2) Everyone has the right to leave any country, including his
own, and to return to his country.

Article 14.
• (1) Everyone has the right to seek and to enjoy in other countries
asylum from persecution.
• (2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary
to the purposes and principles of the United Nations.

Article 15.
• (1) Everyone has the right to a nationality.
• (2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.

Article 16.
• (1) Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to found
a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
• (2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
• (3) The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.

Article 17.
• (1) Everyone has the right to own property alone as well as in
association with others.
• (2) No one shall be arbitrarily deprived of his property.

Article 18.
• Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or

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belief, and freedom, either alone or in community with others


and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.

Article 19.
• Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through
any media and regardless of frontiers.

Article 20.
• (1) Everyone has the right to freedom of peaceful assembly and
association.
• (2) No one may be compelled to belong to an association.

Article 21.
• (1) Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.
• (2) Everyone has the right of equal access to public service in his
country.
• (3) The will of the people shall be the basis of the authority
of government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting
procedures.

Article 22.
• Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort
and international co-operation and in accordance with the
organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free development of his personality.

Article 23.
• (1) Everyone has the right to work, to free choice of employment,
to just and favourable conditions of work and to protection
against unemployment.
• (2) Everyone, without any discrimination, has the right to equal
pay for equal work.
• (3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
• (4) Everyone has the right to form and to join trade unions for the
protection of his interests.

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Article 24.
• Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.

Article 25.
• (1) Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
• (2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.

Article 26.
• (1) Everyone has the right to education. Education shall be free,
at least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
• (2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial
or religious groups, and shall further the activities of the United
Nations for the maintenance of peace.
• (3) Parents have a prior right to choose the kind of education
that shall be given to their children.

Article 27.
• (1) Everyone has the right freely to participate in the cultural life
of the community, to enjoy the arts and to share in scientific
advancement and its benefits.
• (2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or artistic
production of which he is the author.

Article 28.
• Everyone is entitled to a social and international order in which
the rights and freedoms set forth in this Declaration can be fully
realized.

Article 29.
• (1) Everyone has duties to the community in which alone the free
and full development of his personality is possible.
• (2) In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law

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solely for the purpose of securing due recognition and respect


for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in
a democratic society.
• (3) These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.

Article 30.
• Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to engage in any activity or
to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.

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