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[LEGALITY CHALLENGE] Universl Bill of Rights

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Thyerata
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Founded: Mar 17, 2017
Ex-Nation

[LEGALITY CHALLENGE] Universl Bill of Rights

Postby Thyerata » Mon Mar 20, 2017 3:21 pm

Proposal available here: https://www.nationstates.net/page=UN_vi ... 1490033496
No forum thread so far as I can see...

To end discrimination of any peoples The World Assembly declares this document a Universal Bill of Rights to be built upon by each nation's laws and codes.

1. Enforcement
This document shall create the World Assembly Human Rights Organisation (WAHRO) to enforce these rights around the globe.
The WAHRO can issue warnings and fines to any nation that is in violation of this document.
The WAHRO's rulings on rights may not be challenged by the other WA organizations.

2. Rights
1) No person shall be discriminated based on age, race, religion, sexual orientation, or mental disability.
2) No person may be deprived of the right of trial by a jury of their peers.
3) No person shall be deprived of healthcare.
4) No person without a criminal record shall be deprived of their freedom of movement between nations.
5) No person may be deprived of their basic needs such as food, water, or shelter.
6) No member of the military or militia may board in a civilian's home without their permission.
7) No person may work without compensation of any form.
8) No person may be deprived of their right to education.
9) No person may be arbitrarily detained.
10) No person may be arbitrarily searched or otherwise deprived of their privacy.

3. Definition of a person.
A person is a living person with the DNA of Homo sapiens or if the WAHRO declares that said organism is a person even if said person is unconscious or otherwise medically unresponsive.

This document shall provide a more stable, safe, and secure future for the oppressed peoples of this world.


Thyerata challenges the proposal "Universal Bill of Rights" as duplicative of GAR 23, as Art 2, clause 7 prohibits working without compensation - already prohibited under GAR 23 as amounting to slavery. In addition and in the alternative, GAR #32, "Charter on Civil Rights" provides in relevant part, the following rights...
Article 2.

a ) Unfair and unreasonable discrimination, on the grounds outlined in clause c) of article 1 of this resolution, in private employment, housing, education, employment benefits, compensations and access to services provided to the general public shall be prohibited by all member states.
. Thus it is clear that Art 2, para 1 of this proposal is duplicative, as it also seeks to prevent discrimination on the basis of race, gender, sex, age and disability.

Additionally, art 2, para 2 duplicates GAR 37, which, in relevant part,
REQUIRES further that such trials be adjudicated impartially by person or persons competent to understand the proceedings;

COMMENDS to the consideration of member nations a jury of the accused's peers as such trial adjudicators


In Thyerata's submission, there is no need to consider other examples of duplication, and Thyerata submits that the General Secretariat should declare this proposal illegal for the reasons outlined above.
From the Desk of the Honourable Matthew Merriweather Ph.D. (Law, 2040) LLM Public and International Law, 2036) LLB Law (2035) (all from Thyerata State University)
Thytian Ambassador to the World Assembly and Security Council

I'm a gay man with an LLM, mild Asperger syndrome and only one functioning eye. My IC posts may reflect this, so please be aware

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Araraukar
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Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Mon Mar 20, 2017 3:33 pm

There's no need to make legality challenges on illegal proposals, unless they seem to be in danger of reaching quorum. The purely illegal ones can be posted here: viewtopic.php?f=9&t=370075

Also, all legality challenge threads are, because of the game rules being talked about extensively (usually), out-of-character threads, so you don't need to speak about yourself in the 3rd person. ;)

And you got the title tiny bit wrong. It's Universal.
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Thyerata
Chargé d'Affaires
 
Posts: 408
Founded: Mar 17, 2017
Ex-Nation

Postby Thyerata » Mon Mar 20, 2017 3:35 pm

Araraukar wrote:There's no need to make legality challenges on illegal proposals, unless they seem to be in danger of reaching quorum. The purely illegal ones can be posted here: viewtopic.php?f=9&t=370075

Also, all legality challenge threads are, because of the game rules being talked about extensively (usually), out-of-character threads, so you don't need to speak about yourself in the 3rd person. ;)

And you got the title tiny bit wrong. It's Universal.


Can't be perfect all the time :)

It was primarily a way of getting GenSec's attention so they'd kick it ASAP
From the Desk of the Honourable Matthew Merriweather Ph.D. (Law, 2040) LLM Public and International Law, 2036) LLB Law (2035) (all from Thyerata State University)
Thytian Ambassador to the World Assembly and Security Council

I'm a gay man with an LLM, mild Asperger syndrome and only one functioning eye. My IC posts may reflect this, so please be aware

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Araraukar
Post Marshal
 
Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Mon Mar 20, 2017 3:40 pm

Thyerata wrote:It was primarily a way of getting GenSec's attention so they'd kick it ASAP

The reason they haven't yet stamped it legal or illegal is likely the fact that, unlike me, they have lives (work, school, family) and haven't yet gotten around to poke something that was just submitted.
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Mar 20, 2017 5:16 pm

Thyerata wrote:
Araraukar wrote:There's no need to make legality challenges on illegal proposals, unless they seem to be in danger of reaching quorum. The purely illegal ones can be posted here: viewtopic.php?f=9&t=370075

Also, all legality challenge threads are, because of the game rules being talked about extensively (usually), out-of-character threads, so you don't need to speak about yourself in the 3rd person. ;)

And you got the title tiny bit wrong. It's Universal.


Can't be perfect all the time :)

It was primarily a way of getting GenSec's attention so they'd kick it ASAP

Don't do that. We see it. We don't need extra work by responding to unnecessary challenges.

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!


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