Those rights are a broad shield against injury
McNeill Mullican 16, (JD, University of Missouri-Columbia School of Law, 2011; MPA, Cornell University, 2008; BA, John Brown University, 2005) has been a Judge Advocate in the United States Navy since 2011. She has served as legal assistance and defense counsel; a law clerk for the Navy-Marine Corps Court of Criminal Appeals; an assistant legal advisor at the Office of Military Commissions, Convening Authority; and an advisor on court-martial appeals and requests for new trial before the Navy's Judge Advocate General. (Leila A., Spring 2016, “PRACTITIONER: THE ALLEGED VICTIM'S RIGHT TO MANDAMUS IN MILITARY COURTS-MARTIAL”, 3 Crim. L. Prac. 34, 43-44, Lexis accessed online via KU libraries)
To understand whether Article 6b grants standing to petition for substantive verses procedural rights under Mil. R. Evid. 412, the practitioner must analyze the meaning of the word "rights" under Article 6b(e)(1) as compared to the word "protections" under Article 6b(e) (4), as the terms are not interchangeable. The subsections are contradictory. Article 6b(e)(1) states that an alleged victim may file a writ if he or she "believes that a court-martial ruling violates the rights of the victim afforded by a [*44] section (article) or rule specified in paragraph (4)"; whereas, Article 6b(e)(4) states that 6b(e) (1) "applies with respect to the protections afforded by" those articles and rules. 60 A right is defined as "[a] power, privilege, or immunity secured to a person by law." 61 A substantive right is "[a] right that can be protected or enforced by law; a right of substance rather than form." 62 For example, psychotherapist-patient, victim advocate-victim, or attorney-client privilege are substantive rights. A procedural right is a right that derives from legal or administrative procedure" and can also be used to "help[] in the protection or enforcement of a substantive right." 63 For example, a procedural right is the right to notice or to be heard at a proceeding. However, the word "protection," the "state of being protected," is much broader and denotes being "shield[ed] from injury or destruction." 64