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Bill: Federation Charter on Human Rights (Third Amendment to the Constitution)

Details

Submitted by[?]: Zardio Federisma Partio

Status[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: April 3750

Description[?]:

Preamble: In order to secure the blessings of liberty and to ensure the people, adequate and sufficient protection against tyranny, this charter is hereby established to protect the People of Zardugal.

Chapter 1: Political Rights
Article I. No citizen of Zardugal shall be denied the ability to vote in federal, state or local elections on the basis of faith, sex, political ideology, race, ethnicity or colour of skin.
Article II. The right to petition the government for a redress of grievances and not be targeted for persecution as a result of signing said petition.
Article III. No government official can disrupt or unduly interfere with the identification of one person to any political party or group and identification with such group cannot be used for discrimination or preferential treatment by any public official.
Article IV. No public official can unduly use political position to graft or enrich themselves by abusing the public funds and when any personal, political, economic or other conflict of interest arises, said public official must step aside and let an independently appointed interim handle said decision.

Chapter 2: Legal and Judicial Rights
Article I. All federal and state and local judges, magistrates and lawyers are to exercise political independence, and cannot act in partisan manner.
Article II. All Zardic citizens shall have the right to full due process of law in an open, fair and public trial and courtroom with full ability and access to legal consul.
Article III. All Zardic citizens are allowed and cannot be denied a trial by a jury of their peers.
Article IV. All judicial officials cannot impose unfair or oppressive bails, punishments or terms of confinement. All prison facilities must be adequately taken care of and maintained to ensure prisoner safety.
Article V. Excepting in cases of treason, which is defined as undermining the state by openly waging war against it or assisting those waging war against the state, no juvenile or person under the age of adult hood can be put to death.
Article VI. Excepting in cases of treason, espionage or crimes against mankind, execution is hereby forbade in Zardugal by federal authorities.
Article VII. The use of corporeal punishment is hereby forbade in the administration of justice.
Article VIII: All Zardic citizens have the right to appeal any judgement to a higher court for review. Decisions from the Council on the Constitution may be appealed to the Majatran Permanent Court of Justice but only in cases of gross violations of due process and the rights of those involved in the case.
Article IX. The government cannot arbitrarily search or seize any location, or document, or arrest any person of interest without a warrant issued by a judge or other approved magistrate unless in cases of imminent danger.

Chapter 3: Right to Arms
Article I. All citizens have the right to keep and bear arms.
Article II. The Zardic Federal Government and the several state and local governments are allowed to properly and within reason regulate the sale, purchase and use of firearms but cannot arbitrarily deny the right of the people to be armed.

Chapter 4: Individual Rights
Article I. All persons in Zardugal shall have the right to speak freely and critical towards the government in public and in private. Government may only regulate the free use of speech temporarily on individuals to prevent public disorder or incitement of general violent insurrection against the people and state.
Article II. All persons shall have a free conscience to believe however they wish and to practice their beliefs however they wish.
Article III. No level or branch of government may adopt a state religion and may not promote one faith over another for any reason. The state is to remain secular and leave the regulation of the faith of the people to themselves excepting in general administrative affairs where such regulation is prudent and needed.
Article IV. The right of the people to freely associate and assemble in public or private in a peaceful manner cannot be unduly interfered with.

Chapter 5: Property and Economic Rights
Article I. All citizens have the right to keep, own, buy, sell, and manage as is reasonable and fit all property they own.
Article II. Government cannot expropriate property from any individual, or group except in cases of concerning illegal acquisition of said property, illegal management of said property with the intent or result of harming the existence of others or in cases of eminent domain.
Article III. Eminent domain is the process by which the government my expropriate land and property from private individuals for public use, but only in cases where the public need and interest is valid and said land cannot be sold to private parties for a period of no less than 20 years after acquisition by the government in question.
Article IV. Government cannot take control or nationalize any business or group owned and managed by private individuals excepting in cases concerning illegal activities or on the consent of the owners.

Chapter 6: Enforcement Mechanism
Article I. The Independent Human Rights Authority is an independent, non-partisan government agency designed to protect human rights, and to ensure the government does not abuse its authority, powers and duties. It will be headed by a Director-General who is to be appointed for 10 year, single, non-renewable term.
Article II. The IHRA, upon identifying human rights abuses, shall recommend actions and violations to the Tribunal for Human Rights in Zardugal which is a special court to hear human rights abuses committed in violation of this charter.
Article III. The Tribunal for Human Rights in Zardugal is a special court to hear human rights violations. It shall consist of 7 federal judges, recommended by the Chief Justice of Zardugal, appointed by the President and confirmed by the FNC. Appeals can be made to the Supreme Court of Appeals.
Article IV. Each state will have a federally appointed human right rapporteur to oversee the administration of the state is consistent in a manner following this Charter. The Rapporteurs will work with the IHRA to ensure the most effective protection of rights.

Proposals

Debate

These messages have been posted to debate on this bill:

Date11:27:29, October 27, 2014 CET
From Socialdemokratia Partio - Keruloismo
ToDebating the Federation Charter on Human Rights (Third Amendment to the Constitution)
MessageMr. Speaker

We are rather concerned about Chapter 4 article 1 that reads;

"All persons in Zardugal shall have the right to speak freely in public and in private. Government may only regulate the free use of speech to prevent public disorder or incitement of general violent insurrection against the people and state."

This is rather a vague description for freedom of expression as any dictator could twist and turn his article in his or hers favor without difficulty.

We would like to re-write it as followed;

"All persons in Zardugal shall have the right to speak freely and critical towards the government in public and in private. Government may only regulate the free use of speech temporarily on individuals to prevent public disorder or incitement of general violent insurrection against the people and state."

Date13:54:00, October 27, 2014 CET
From Zardio Federisma Partio
ToDebating the Federation Charter on Human Rights (Third Amendment to the Constitution)
MessageMr Speaker,
We are open to consideration of the issue. Are there any other objections raised by the DP?

Prime Minister Martin

Date14:10:07, October 27, 2014 CET
From Socialdemokratia Partio - Keruloismo
ToDebating the Federation Charter on Human Rights (Third Amendment to the Constitution)
MessageMr. Speaker,

We have no objections at the other articles.
Although we would like to add a chapter against discrimination of sex, religion, race and sexuality.

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Voting

Vote Seats
yes
  

Total Seats: 650

no

    Total Seats: 0

    abstain

      Total Seats: 0


      Random fact: Whilst the use of non-English languages can be appropriate for nation names, party names, constitutional titles and other variables, English is the official language of communication in the game. All descriptive texts and public communications should be in English or at least appear alongside a full English translation.

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