or from a third party, by punishing an individual for an act carried out or suspected to have been carried out by an individual or third party, or by threatening or coercing an individual or third party, or for reasons based on discriminative considerations, should this pain or suffering arise as a result of provocation by, with the approval of, or with the knowledge of any person or public official whosoever. 5. Children mean all unmarried persons under the age of 18, including, should this be in their interest, all unborn children. 6. Human rights violations mean all actions by individuals or groups of individuals, including the state apparatus, both intentional and unintentional, that unlawfully diminish, oppress, limit and/or revoke the human rights of an individual or group of individuals guaranteed by the provisions set forth in this Act, and who do not or may not obtain fair and total legal restitution under the prevailing legal mechanism. CHAPTER II BASIC RIGHTS Article 2 The Republic of Indonesia acknowledges and holds in high esteem the rights and freedoms of humans as rights which are bestowed by God and which are an integral part of humans, which must be protected, respected, and upheld in the interests of promoting human dignity, prosperity, contentment, intellectual capacity and justice. Article 3 (1) Everyone is born equal in dignity and human rights, and is bestowed with the intellect and reason to live with others in a spirit of brotherhood. (2) Everyone has the right to be recognized, guaranteed, protected, and treated fairly before the law and is entitled to equal legal certitude and treatment before the law. (3) Everyone has the right without any discrimination, to protection of human rights and obligations. Article 4 The right to life, the right to not to be tortured, the right to freedom of the individual, to freedom of thought and conscience, the right not to be enslaved, the right to be acknowledged as an individual before the law, and the right not to be prosecuted retroactively under the law are human rights that cannot be diminished under any circumstances whatsoever. Article 5 (1) Everyone is recognized as an individual who has the right to demand and obtain equal treatment and protection before the law as befits his or her human dignity. (2) Everyone has the right to truly just support and protection from an objective, impartial judiciary. (3) All members of disadvantaged groups in society, such as children, the poor, and the disabled, are entitled to greater protection of human rights. Article 6 (1) In the interests of upholding human rights, the differences and needs of indigenous peoples must be taken into consideration and protected by the law, the public and the Government. (2) The cultural identity of indigenous peoples, including indigenous land rights, must be upheld, in accordance with the development of the times. Article 7 (1) Everyone has the right to use all effective national legal means and international forums against all violations of human rights guaranteed under Indonesian law, and under international law concerning human rights which has been ratified by Indonesia. (2) Provisions set forth in international law concerning human rights ratified by the Republic of Indonesia, are recognized under this Act as legally binding in Indonesia. Article 8 The principal responsibility for protecting, promoting, upholding, and fulfilling human rights lies with the Government. CHAPTER 3 HUMAN RIGHTS AND FREEDOMS