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==Introduction==

===Article 1 - Introduction===

: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===

:3.2 - 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:

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

===Article 6 - Right to liberty and security===

::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;

::6.1.4 - 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.

:6.2 - 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.

:6.4 - 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===

:7.2 - 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.

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

::7.4.2 - to legal counsel and assistance if so desired;

: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===

===Article 10 - Right to thought and religion===

===Article 11 - Right to expression===

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

===Article 12 - Right to assembly===

===Article 13 - Right to 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.

===Article 15 - Right to self determination===

===Article 16 - Right to education===

===Article 17 - Right to free and fair elections===

===Article 18 - Right to possessions===

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

::20.1.1 - public safety;

::20.1.2 - national security;

::20.1.3 - public health;

::20.1.4 - national economic well-being;

::20.1.6 - law and order;

 

==Interpretation==

::21.2.2 - must comply with Articles 21 through 24.

: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.

:21.3 - This Article does not apply –

::21.3.2 - to any question pertaining to –

:::21.3.2.2 - the citizenship of a person;

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

: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 –

::23.2.2 - 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 –

: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 –

::24.1.1.2 - between different policy aims;

::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

 

''Written and Proposed by Tom Westbrook, MGA.''