Thinking about Civil Rights

Technorati tags: Rights, Gays, Transsexual, feminism, mental exercise, United States

Cause I'm in a weird mood, I sat down and basically started the process of refining an old idea I had a long time ago. And so, without much further ado, I present to you my developing conception of what civil liberties *should* be like in the United States.

Put forth this day, by my hand in these words, a proposition that derives from the pursuit of elementary rights and liberties which are inalienably endowed by the inherent dignity of the human person, thusly: I do hereby assert that the following freedoms and liberties be granted, equally and without distinction, as a matter of legislation and justice.
The Civil Liberties of Citizens of the United States of America
Noting that the nature of the United States is a country of freedoms and liberties, and that it seeks to reaffirm the dignity and worth of human person, and the equal rights of all those people therein,

1. The Agent Of The People
1.1. The Government is obligated to act as the Agent of the People, inclusive equally of all its citizens, to affirm and enforce the principle of inadmissibility of discrimination, promote respect for and observance of these liberties, and recognize that all human beings are born free and equal in dignity and rights.
1.2. The Government has an obligation to undertake and ensure to all citizens within its territory and subject to its jurisdiction these rights without distinction of any kind, such as
1.2.1. Age, Race and Color,
1.2.2. Gender and Sex
1.2.2.1. Inclusive of identity, sexuality, and heteronormativity
1.2.3. Language, Ethnicity, and National or Social origin,
1.2.3.1. Although reasonable definition of common language for governmental purposes is allowable
1.2.4. Religion, Creed, Political, or other opinion,
1.2.5. Property, Birth, Social Class, or other status.
1.3. The Government has an obligation to ensure that any person whose rights or freedoms as herein recognized shall have an effective remedy.
1.4. The Government shall ensure that any person claiming such a remedy shall have is right thereto determined by the Constitution and the authorities it vests.
1.5. The Government shall ensure the equal right of all persons to the enjoyment of all civil and political rights as set forth herein.
2. Rights Of Community
2.1. All Citizens shall have the right to self determination.
2.1.1. This freedom shall be extended to economic development
2.1.2. This freedom shall be extended to social development
2.1.3. This freedom shall be extended to cultural development
2.2. Every citizen shall have the right and the opportunity, without any of the distinctions mentioned prior and without unreasonable restrictions:
2.2.1. To take part in the conduct of public affairs through freely chosen representatives;
2.2.1.1. Representatives are bound to represent and reflect the entirety of their constituency
2.2.1.2. Representation shall be democratic in election
2.2.2. To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
2.2.3. To have access, on general terms of equality, to public service in their country.
2.2.4. To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;
2.2.5. To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;
2.2.6. To participate in non-governmental organizations and associations concerned with the public and political life of the country.
2.3. In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to:
2.3.1. Enjoy their own culture,
2.3.2. Profess and practice their own religion,
2.3.3. Use of their own language.
3. Rights of Life And Liberty
3.1. All Citizens have the inherent right to life.
3.1.1. This right shall be protected by law.
3.2. No Citizen shall be arbitrarily deprived of their life.
3.2.1. The sentence of death may be imposed only fro the most serious crimes in accordance with the laws in force.
3.2.2. Anyone sentenced to death will have the right to seek pardon or commutation of the sentence.
3.2.3. The Sentence of death shall not be imposed on persons below legal age as set through due process, nor on women while pregnant
3.3. No Citizen shall be held in slavery.
3.3.1. Slavery shall be prohibited by law.
3.3.2. No Citizen shall be held in servitude.
3.3.3. A sentence of forced or compulsory labor, lawfully done, within the reasonable scope of punishment for crimes done, shall not be considered slavery.
3.4. Every Citizen has the right to liberty and security of person.
3.4.1. No Citizen shall be subject to arbitrary arrest and detention.
3.4.2. No Citizen shall be deprived of their liberty except through due process.
3.5. All Citizens shall have the right to liberty of movement and freedom to choose their residence
3.5.1. All Citizens shall be free to leave the country.
3.5.2. No Citizen shall be arbitrarily deprived of the right to enter their country.
3.5.3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order, public health or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
3.6. All Citizens shall have the right to freedom of thought, conscience and religion.
3.6.1. This right shall include freedom to have or to adopt
3.6.1.1. a religion or belief of his choice, and
3.6.1.2. freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
3.6.2. No Citizen shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3.6.3. The Government shall undertake to have respect for the liberty of parents and, when applicable, legal guardians, to ensure the religious and moral education of their children in conformity with their own convictions.
3.6.4. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
3.7. All Citizens shall have the right to hold opinions without interference.
3.8. All Citizens shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3.8.1. The exercise of the rights provided for above carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
3.8.1.1. For respect of the rights or reputations of others;
3.8.1.2. For the protection of national security or of public order, or of public health.
3.8.1.3. Any advocacy of national, racial, ethnic, religious, or gender hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
3.8.1.4. Any propaganda for war shall be prohibited by law.
3.9. The right of peaceful assembly shall be recognized.
3.9.1. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order , the protection of public health or the protection of the rights and freedoms of others.
3.9.2. All Citizens shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
3.9.3. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in the interests of national security or public safety, public order, the protection of public health or the protection of the rights and freedoms of others.
3.9.3.1. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.
3.9.3.2. Nothing in this article shall authorize Government to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the above rights.
4. Rights of Family
4.1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
4.1.1. The right of individuals of marriageable age to marry shall be recognized
4.1.1.1. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
4.1.1.2. No marriage shall be entered into without the free and full consent of the intending spouses.
4.1.2. The right of individuals of marriageable age to found a family shall be recognized.
4.1.3. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution.
4.1.3.1. In the case of dissolution, provision shall be made for the necessary protection of any children.
4.1.4. All parties to a marriage shall have:
4.1.4.1. The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
4.1.4.2. The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
4.1.4.3. The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
4.1.4.4. The same personal rights, including the right to choose a family name, a profession and an occupation;
4.1.4.5. The same rights for all spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for consideration.
4.1.4.6. equal rights with respect to the nationality of their children.
4.1.5. This right shall not preclude individuals based on number thereof
4.1.5.1. Exceptions to ensure the security of family members are allowable
4.2. No Citizen shall be subjected to arbitrary or unlawful interference, search, or seizure, with
4.2.1. their privacy,
4.2.2. family,
4.2.3. home or correspondence,
4.2.4. nor to unlawful attacks on their honor and reputation.
4.2.5. All Citizens have the right to the protection of the law against such interference or attacks.
4.3. Every child shall have the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
4.3.1. Every child shall be registered immediately after birth and shall have a name.
4.3.2. Every child has the right to acquire a nationality.
4.3.3. Every child has the right to Family.
4.4. All persons are equal in these Rights of Family. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination these rights, without distinction of any kind, such as
4.4.1. Age, Race and Color,
4.4.2. Gender and Sex
4.4.2.1. Inclusive of identity, sexuality, and heteronormativity
4.4.3. Language, Ethnicity, and National or Social origin,
4.4.4. Religion, Creed, Political, or other opinion,
4.4.5. Property, Birth, Social Class, or other status.
4.4.6.
4.5. All Citizens shall have the right to acquire, change or retain their nationality
4.5.1. The government shall ensure in particular that neither marriage to an alien nor change of nationality by a spouse during marriage shall automatically change the nationality of the other spouse, render them stateless or force upon them the nationality of the other.

(Still in Progress)

10. Rights before the Courts
10.1. All Citizens charged with a criminal offence shall:
10.1.1. have the right to be presumed innocent until proved guilty according to law;
10.1.2. be imprisoned merely on the grounds of being unable to fulfill a contractual obligation;
10.1.3. have the right to recognition everywhere as a person before the law;
10.2. All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.
10.3. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination these rights, without distinction of any kind, such as
10.3.1. Age, Race and Color,
10.3.2. Gender and Sex
10.3.2.1. Inclusive of identity, sexuality, and heteronormativity
10.3.3. Language, Ethnicity, and National or Social origin,
10.3.3.1. Although reasonable definition of common language for judicial purposes is allowable
10.3.4. Religion, Creed, Political, or other opinion,
10.3.5. Property, Birth, Social Class, or other status.
10.4. In the determination of any criminal charge against them, All Citizens shall be entitled to the following minimum guarantees, in full equality:
10.4.1. To be informed promptly and in detail in a language which they understand of the nature and cause of the charge against him;
10.4.2. To have adequate time and facilities for the preparation of their defense and to communicate with counsel of their own choosing;
10.4.3. To be tried without undue delay;
10.4.4. To be tried in their presence, and to defend their persons in person or through legal assistance of their own choosing; to be informed, if they do not have legal assistance, of this right; and to have legal assistance assigned to them, in any case where the interests of justice so require, and without payment by them in any such case if they do not have sufficient means to pay for it;
10.4.5. To examine, or have examined, the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them;
10.4.6. To have the free assistance of an interpreter if they cannot understand or speak the language used in court;
10.4.7. Not to be compelled to testify against their self or to confess guilt.
10.5. All Citizens convicted of a crime shall have the right to their conviction and sentence being reviewed by a higher tribunal according to law.
10.5.1. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
10.5.2. No Citizen shall be liable to be tried or punished again for an offence for which they have already been finally convicted or acquitted in accordance with the law and penal procedure.
10.6. No Citizen shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed.
10.6.1. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed.
10.6.2. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
10.6.3. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
10.7. In the determination of any criminal charge against them, or of their rights and obligations in a suit at law, All Citizens shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
10.7.1. The press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
10.8. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.