Civil Rights

From The Kodiak Republic Wiki

Section 1 - Right to Life

1.1 - Everyone’s Right to life shall be protected under the law. No one shall be deprived of their life. [1]
1.2 - The death penalty shall be abolished. No one shall be condemned to such penalty or to execution by any person, body or organisation.[1]
1.3 - Deprivation of life shall not be regarded in contravention with this Article when it results from force which is no more than absolutely necessary:[1]
1.3.1 - In a lawful attempt to arrest or prevent the escape of a person lawfully detained;
1.3.2 - In defence of any person from unlawful violence;
1.4 - Deprivation of life shall not be regarded in contravention with this article when it results from lawful withdrawal of care by medical professionals.[1]

Section 2 - Freedom from torture[1]

2.1 - No one shall be subjected to torture or to degrading or inhuman treatment or punishment.

Section 3 - Freedom slavery and forced labour[1]

3.1 - No person shall be held in slavery or servitude.
3.2 - No person shall be required to perform forced or otherwise compulsory labour.

Section 4 - Right to liberty and security[1]

4.1 - Everyone has the Right to liberty and security. No person shall be deprived of their liberty unless in accordance with a lawful procedure:
4.1.1 - the lawful arrest or detention of a person with the intent to bring them before a court of law under reasonable suspicion of having committed an offence; or when it is necessary to prevent them from continuing to commit their offence; or prevent them from fleeing after they have already done so;
4.1.2 - the lawful arrest or detention of a person for non-compliance with any lawful order of a court, or to fulfil any obligation prescribed by law;
4.1.3 - the lawful detention of a person after conviction by an empowered court;
4.1.4 - the lawful detention of a minor for the purpose of educational supervision; or for the purpose of bringing them before the appropriate legal authority.;
4.1.5 - the lawful detention of a person to prevent their illegal entry into the country; or against whom action of deportation or extradition is being taken.
4.1.7 - the lawful detention of persons to prevent the spread of infectious diseases, of persons of unsound mind, or persons living with addictions.
4.2 - Everyone who is arrested will be promptly informed, in a language and means which they can understand, the reasons for their arrest and any charges against them.
4.3 - Everyone arrested or detained in accordance with 1.1 of this Article shall be promptly brought before a judge or any such person capable of exercising judicial powers and shall be entitled to a trial within a time which is reasonable. They may be released pending their appearance at said trail.
4.4 - Everyone deprived of liberty by arrest or detention shall be entitled to proceedings by which the lawfulness of their detention shall be decided by a court and their release ordered if their detention is found to be unlawful.
4.5 - Everyone who has been detained or arrested in contravention with this article shall be entitled to compensation.

Section 5 - Right to fair trial[1]

5.1 - Everyone shall be entitled to a fair and public hearing within a reasonable time by a lawful, independent and impartial tribunal in the determination of their civil Rights and obligation; or any criminal charge levied against them.
5.2 - Judgement shall be pronounced publicly. The press and members of the public may be excluded from part or all of the trial in the interest of morals, public order or national security in accordance with Article 20 of this Act.
5.3 - Everyone charged with a criminal offence shall be considered innocent until proven guilty under the law.
5.4 - Everyone charged with a criminal offence has the Right to the following:
5.4.1 - to have adequate time and means for the preparation of their defence;
5.4.2 - to legal counsel and assistance if so desired;
5.4.3 - to examine or have examined witnesses against them and to obtain witnesses for examination on their behalf;
5.4.4 - to have the free assistance of an interpreter should they be unable to speak the language used in court.

Section 6 - Freedom from punishment without law[1]

6.1 - No person shall be held guilty for any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was permitted at the time when the crime was committed.

Section 7 - Right to private life[1]

7.1 - Everyone has the Right to a private life which shall be respected.
7.2 - There shall be no molestation by a public authority in contravention with this Right except in accordance with the law and Article 20 of this Act.
7.3 - In such cases where a public authority must act to contravene this Right, lawful approval must be sought through a warrant in accordance with 4.2 of the Constitution of the Seventh Republic of Kodiak.

Section 8 - Right to thought and religion[1]

8.1 - Everyone has the Right to free thought, conscience and religion.
8.2 - This Right includes the Right of a person to freely change their religion or belief and, either alone or in a community of others in public or in private, to freely manifest their religion or belief in the form of worship, practice and observance.

Section 9 - Right to expression[1]

9.1 - Everyone has the Right to free expression. This includes the Right to freely hold opinions and to receive and impart information and ideas without interference by any public authority.
9.2 - This article shall not prevent the State from requiring the licensing of broadcasting, television or cinema enterprises

Section 10 - Right to assembly[1]

10.1 - Everyone has the Right to free and peaceful assembly and to free association with others, including the Right for a person to form and join trade unions for the protection of their interests.

Section 11 - Right to marriage[1]

11.1 - Everyone of the age of majority shall have the Right to marry and found a family, regardless of their sex, gender or ethnicity, according to the laws governing marriage.

Section 12 - Freedom from discrimination[1]

12.1 - No person shall be discriminated against on the basis of their sex, gender, ethnicity, sexual orientation, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
12.2 - No person shall have their Rights as outlined in this Act contravened on the basis of those statuses outlined in paragraph 1 of this Article.

Section 13 - Right to self determination[1]

13.1 - Everyone has the Right to freely choose their own identity, live according to this identity which shall be respected; and make decisions about their life, body and well-being. An identity of a person includes identities of sexuality and gender expression.
13.2 - Everyone has the Right to live according to their gender identity or sexuality and no public body should act to contravene this Right.
13.3 - Everyone has the Right to seek abortion according to the laws of the State.

Section 14 - Right to education[1]

14.1 - Everyone shall have the Right to access education. The State will ensure that educational providers meet an adequate standard of education for all persons.

Section 15 - Right to free and fair elections[1]

15.1 - The State shall hold free elections at reasonable intervals by secret ballot, under conditions which ensure the Right to expression of the people within the selection of their representatives to the legislature.

Section 16 - Right to possessions[1]

16.1 - Everyone is entitled to the peaceful enjoyment of their possessions.

Section 17 - Freedom from abuse of Rights[1]

17.1 - No person shall exercise their Rights in such a way that it would contravene or destroy the Rights and Freedoms of others.

Section 18 - Restrictions on Rights[1]

18.1 - Where necessary, as is appropriate in the operation of a democratic society, a person may be deprived of their Rights in the case where there is a threat to –
18.1.1 - public safety;
18.1.2 - national security;
18.1.3 - public health;
18.1.4 - national economic well-being;
18.1.5 - the Rights and Freedoms of others;
18.1.6 - law and order;
18.2 - Restrictions on Rights according to 18.1.1 through 18.1.6 are referred to as “reservations”.
18.3 - Reservations outlined in this Article may not be used to deprive someone of their Freedoms (see Articles 2, 3, 6, 12, 17).

Section 19 - Interpretation of the Universal Rights[1]

19.1 - The ultimate judicial authority in connection with the Universal Rights under domestic law shall be the High Court of the Republic.
19.2 - A court that is determining a question in connection with a Universal Right –
19.2.1 - may have regard to the law of any Right which is similar to the Universal Right;
19.2.2 - must comply with Articles 21 through 24.
19.3 - A court may not later adopt an interpretation of a Universal Right that would require a public authority to comply with a positive obligation.
19.3.1 - A “positive obligation” in this Article means a necessity to perform any action.
19.4 - The court may make a declaration that the provision of primary legislation is incompatible with a Universal Right if –
19.4.1 - a court is satisfied that a provision of primary legislation is incompatible with a Universal Right, or
19.4.2 - a court is satisfied that a provision of any subordinate legislation is incompatible with a Universal Right.
19.5 - A declaration of incompatibility means that the law is considered unconstitutional and is therefore null and void in accordance with 3.8 of the Constitution of the Seventh Republic of Kodiak.

Section 20 - Free Speech[1]

20.1 - When considering a question which has arisen concerning the Right to free speech, a court must give great weight to the protection of that Right.
20.2 - "The Right to free speech" is outlined in Section 9 (Right to expression) in the capacity of imparting ideas, information, or opinions by means of speech, sign, writing, images or any other means of communication.
20.3 - This Section does not apply –
20.3.1 - in criminal proceedings; or proceedings in which it is to be determined whether a new piece of legislation is in contravention with a Universal Right;
20.3.2 - to any question pertaining to –
20.3.2.1 - whether a person has the Right to enter, or remain in, the Kodiak Republic, or
20.3.2.2 - the citizenship of a person;
20.3.3 - to any question the determination of which may affect national security.

Section 21 - Public Safety[1]

21.1 - The court must give the greatest possible weight to the importance of reducing the risk of the public from persons who have committed offences for which they are being held in custody.
21.2 - 21.1 applies where –
21.1.1 - a court is determining if a Universal Right of a person has been breached, and
21.2.2 - the person was, at the time of the alleged breach, held in custody for an offence for which they had been convicted.
21.3 - Particularly, 21.1 applies when there is a decision to be made –
21.3.1 - for the release of any person subject to a custodial sentence from custody
21.3.2 - for the transfer of any person subject to a custodial sentence to another prison, or to another location within the prison

Section 22 - Decisions of the General Assembly[1]

22.1 - The court must –
22.1.1 - view that having decided, though the passing of any Act, that the General Assembly believes the Act strikes an appropriate balance –
22.1.1.1 - between different Universal Rights;
22.1.1.2 - between different policy aims;
22.1.1.3 - between the Universal Rights of different persons; or
22.1.1.4 - between any such combination of 24.1.1.1-3 above; and
22.1.2 - give the greatest possible weight to the role of the General Assembly in striking such balances as is its role in the parliamentary democracy of the Kodiak Republic.
22.2 - This section applies where –
22.2.1 - a court is determining an incompatibility question concerning a provision of an Act, and
22.2.2 - in the process of determining that question, must decide whether the effect of the provision strikes an appropriate balance between the matters mentioned in 22.1.1.1 through 22.1.1.4.


Sources

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