Kodiak Universal Rights, 650: Difference between revisions
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''A bill to repeal and give further effect to the
ACTIONED on ## MONTH YEAR with ## Aye, ## Nay, ## Abstain
__NOTOC__
==Introduction==
===Article 1 - Introduction===
:1.1 - This Act reforms the law relating to human
:1.2 - In particular, this Act clarifies and expands the
===Article 2 - The Universal
:2.1 - In this Act “the Universal
::2.1.1 - the
::2.1.2 - the
: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
: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:
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: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
::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;
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::6.1.7 - the lawful detention of persons to prevent the spread of infectious diseases, of persons of unsound mind, or alcoholics and other addicts.
: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
: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
: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
::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;
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: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
:9.2 - There shall be no molestation by a public authority in contravention with this
:9.3 - In such cases where a public authority must act to contravene this
▲: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
:10.2 - This
===Article 11 - Right to expression===
:11.1 - Everyone has the
: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
===Article 13 - Right to marriage===
:13.1 - Everyone of marriageable age shall have the
===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
===Article 15 - Right to self determination===
:15.1 - Everyone has the
:15.2 - Everyone has the
:15.3 - Everyone has the
===Article 16 - Right to education===
:16.1 - Everyone shall have the
===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
===Article 18 - Right to possessions===
:18.1 - Everyone is entitled to the peaceful enjoyment of their possessions.
===Article 19 - Freedom from abuse of
:19.1 - No person shall exercise their
===Article 20 - Restrictions on
:20.1 - Where necessary, as is appropriate in the operation of a democratic society, a person may be deprived of their
::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
::20.1.6 - law and order;
:20.2 - Restrictions on
: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
:21.1 - The ultimate judicial authority in connection with the Universal
:21.2 - A court that is determining a question in connection with a Universal
::21.2.1 - may have regard to the law of any
::21.2.2 - must comply with Articles 21 through 24.
:21.3 - A court may not later adopt an interpretation of a Universal
::21.3.1 - A “positive obligation” in this Article means a necessity to perform any
:21.4 - The court may make a declaration that the provision of primary legislation is incompatible with a Universal
::21.4.1 - a court is satisfied that a provision of primary legislation is incompatible with a Universal
::21.4.2 - a court is satisfied that a provision of any subordinate legislation is incompatible with a Universal
: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 - Freedom of speech===
:21.1 - When considering a question which has arisen concerning the
:21.2 - In this Article “the
: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
::21.3.2 - to any question pertaining to –
:::21.3.2.1 - whether a person has the
:::21.3.2.2 - the citizenship of a person;
::21.3.3 - to any question the determination of which may affect national security.
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: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
::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 –
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: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
::24.1.1.2 - between different policy aims;
::24.1.1.3 - between the Universal
::24.1.1.4 - between any such combination of
::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
''Written and Proposed by Tom Westbrook, MGA.''
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