The International commission of jourists (ICJ) Nepal has said that the draft submitted by the Fundamental Rights committee fails to guarantee a numbers of fundamental right and has "serious week messes." According to ICJ, in order for the draft to meet the international standard it need serious revision to trim out a number of flaws related to definitions, limitations and measures provided for enforcement of fundamental right.The draft, for instance, does not even mention the right to project against "en forced disappearance," Which is considered a serious crimes under international human right law, according to ICJ. "It is advisable that this provision be expended to include the fundamental right of every one not to be invoked to be, subject to enforced disappearance, that no exceptional circumstance may be invoked Justity an enforced disappearance shall be punishable. as a criminal offence without the possibility of amnesty or the imposition of statute of limitations on of statue of limitations on this continuing violation." sated the ICJ in its letter submitter to CA Charmain subash Nembang on Wednesday ICJ has recommended at least 24 majer corrections in the draft. ICJ has asked the CA to correct, among others, the definitions of " right to leave with dignity" (arcitle 1) right to security of person". Right against torture punishment and compensate (article 7), substantive equality, right against untouchability, rights of woman and Dalits (Articles 3/9/23/&25), right to legal counsel (Article 5/2), legal aid (article 5/10), rights of those under preventive detention (Article 5), civel and polticle rights, right to privacy (article 13) and economics, social and cultural right (article 3.5, 3.5). Regional limitations on fundamental rights fundamental tights , ICJ Says the current provisions allow the government the impose "reasonable restrictions" on fundamental tights on the overly broad and vague grounds of threats to "her money", "relations," decent public behaviour,"the interest of the general public " or the social dignity of the individual" According to ICJ, the UCJ, the use of this kind of "reasonable restrictions." is country to that established under international law. specifically, under international human rights law ( and good practice around the world ) it is legitimate for government to restri of bly and association only if the restrictions the right to freedom of expression, assembly and association only if the restrictions are: specifically provided by law. the least restrictive mesns necessary in Democratic society intended to pro ted a legitillage interest including respect of the right and reputations of nations or nation security or public order or public health or morals, reads the ICJ letter.
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