Kodiak Universal Rights, 650

A bill to repeal and give further effect to the Rights and Freedoms granted under the Kodiak National Rights Act 642; to expand upon The Guarantees outlined in Article 4 of the Constitution of the Seventh Republic of Kodiak.

PASSED on 20 February 2022 with 16 Aye, 1 Nay, 4 Abstain

Introduction

Article 1 - Introduction

1.1 - This Act reforms the law relating to human Rights by repealing and replacing the Kodiak National Rights Act (642).

1.2 - In particular, this Act clarifies and expands the Rights afforded by the Guarantees established in Article 4 of the Seventh Constitution of the Republic of Kodiak to persons within the territories of the Republic.

Article 2 - The Universal Rights

2.1 - In this Act “the Universal Rights” means –

2.1.1 - the Rights and fundamental Freedoms set out in Articles 3 through 20 of this Act;

2.1.2 - the Rights and fundamental Freedoms set out in Article 4 of the Constitution of the Seventh Republic of Kodiak.

2.2 - Those Articles have effect for the purposes of this Act subject to any designated reservation that is deemed appropriate and lawful (see Article 20).

The Universal Rights

Article 3 - Right to Life

3.1 - Everyone’s Right to life shall be protected under the law. No one shall be deprived of their life.

3.2 - The death penalty shall be abolished. No one shall be condemned to such penalty or to execution by any person, body or organisation.

3.3 - Deprivation of life shall not be regarded in contravention with this Article when it results from force which is no more than absolutely necessary:

3.3.1 - In a lawful attempt to arrest or prevent the escape of a person lawfully detained;

3.3.2 - In defence of any person from unlawful violence;

3.3.3 - In lawful action taken to quell a riot or insurrection.

3.4 - Deprivation of life shall not be regarded in contravention with this article when it results from lawful withdrawal of care by medical professionals.

Article 4 - Freedom from torture

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

Article 5 - Freedom from slavery and forced labour

5.1 - No person shall be held in slavery or servitude.

5.2 - No person shall be required to perform forced or otherwise compulsory labour.

Article 6 - Right to liberty and security

6.1 - Everyone has the Right to liberty and security. No person shall be deprived of their liberty unless in accordance with a lawful procedure:

6.1.1 - 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;

6.1.2 - 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;

6.1.3 - the lawful detention of a person after conviction by an empowered court;

6.1.4 - the lawful detention of a minor for the purpose of educational supervision; or for the purpose of bringing them before the appropriate legal authority.;

6.1.5 - 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.

6.1.7 - the lawful detention of persons to prevent the spread of infectious diseases, of persons of unsound mind, or persons living with addictions.

6.2 - 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.

6.3 - 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.

6.4 - 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.

6.5 - Everyone who has been detained or arrested in contravention with this article shall be entitled to compensation.

Article 7 - Right to fair trial

7.1 - 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.

7.2 - 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.

7.3 - Everyone charged with a criminal offence shall be considered innocent until proven guilty under the law.

7.4 - Everyone charged with a criminal offence has the Right to the following:

7.4.1 - to have adequate time and means for the preparation of their defence;

7.4.2 - to legal counsel and assistance if so desired;

7.4.3 - to examine or have examined witnesses against them and to obtain witnesses for examination on their behalf;

7.4.4 - to have the free assistance of an interpreter should they be unable to speak the language used in court.

Article 8 - Freedom from punishment without law

8.1 - 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.

Article 9 - Right to private life

9.1 - Everyone has the Right to a private life which shall be respected.

9.2 - 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.

9.3 - 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.

Article 10 - Right to thought and religion

10.1 - Everyone has the Right to free thought, conscience and religion.

10.2 - 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.

Article 11 - Right to expression

11.1 - 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.

11.2 - This article shall not prevent the State from requiring the licensing of broadcasting, television or cinema enterprises.

Article 12 - Right to assembly

12.1 - 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.

Article 13 - Right to marriage

13.1 - 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.

Article 14 - Freedom from discrimination

14.1 - 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.

14.2 - 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.

Article 15 - Right to self determination

15.1 - 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.

15.2 - Everyone has the Right to live according to their gender identity or sexuality and no public body should act to contravene this Right.

15.3 - Everyone has the Right to seek abortion according to the laws of the State.

Article 16 - Right to education

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

Article 17 - Right to free and fair elections

17.1 - 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.

Article 18 - Right to possessions

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

Article 19 - Freedom from abuse of Rights

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

Article 20 - Restrictions on Rights

20.1 - 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 –

20.1.1 - public safety;

20.1.2 - national security;

20.1.3 - public health;

20.1.4 - national economic well-being;

20.1.5 - the Rights and Freedoms of others;

20.1.6 - law and order;

20.2 - Restrictions on Rights according to 20.1.1 through 20.1.6 are referred to in this document as “reservations”.

20.3 - Reservations outlined in this Article may not be used to deprive someone of their Freedoms (see Articles 4, 5, 8, 14, 19).

Interpretation

Article 21 - Interpretation of the Universal Rights

21.1 - The ultimate judicial authority in connection with the Universal Rights under domestic law shall be the High Court of the Republic.

21.2 - A court that is determining a question in connection with a Universal Right –

21.2.1 - may have regard to the law of any Right which is similar to the Universal Right;

21.2.2 - must comply with Articles 21 through 24.

21.3 - A court may not later adopt an interpretation of a Universal Right that would require a public authority to comply with a positive obligation.

21.3.1 - A “positive obligation” in this Article means a necessity to perform any action.

21.4 - The court may make a declaration that the provision of primary legislation is incompatible with a Universal Right if –

21.4.1 - a court is satisfied that a provision of primary legislation is incompatible with a Universal Right, or

21.4.2 - a court is satisfied that a provision of any subordinate legislation is incompatible with a Universal Right.

21.5 - 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.

Article 22 - Free speech

21.1 - 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.

21.2 - In this Article “the Right to free speech” is outlined in Article 11 (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.

21.3 - This Article does not apply –

21.3.1 - 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;

21.3.2 - to any question pertaining to –

21.3.2.1 - whether a person has the Right to enter, or remain in, the Kodiak Republic, or

21.3.2.2 - the citizenship of a person;

21.3.3 - to any question the determination of which may affect national security.

Article 23 - Public safety

23.1 - 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.

23.2 - Section 1 applies where –

23.1.1 - a court is determining if a Universal Right of a person has been breached, and

23.2.2 - the person was, at the time of the alleged breach, held in custody for an offence for which they had been convicted.

23.3 - Particularly, section 1 applies when there is a decision to be made –

23.3.1 - for the release of any person subject to a custodial sentence from custody

23.3.2 - for the transfer of any person subject to a custodial sentence to another prison, or to another location within the prison.

Article 24 - Decisions of the General Assembly

24.1 - The court must –

24.1.1 - view that having decided, though the passing of any Act, that the General Assembly believes the Act strikes an appropriate balance –

24.1.1.1 - between different Universal Rights;

24.1.1.2 - between different policy aims;

24.1.1.3 - between the Universal Rights of different persons; or

24.1.1.4 - between any such combination of 24.1.1.1-3 above; and

24.1.2 - 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.

24.2 - This article applies where –

24.2.1 - a court is determining an incompatibility question concerning a provision of an Act, and

24.2.2 - in the process of determining that question, must decide whether the effect of the provision strikes an appropriate balance between the matters mentioned in 24.1.1.1 through 24.1.1.4.

Written and Proposed by Tom Westbrook, MGA.