NationStates Jolt Archive

Furtherment of democracy/strong, see attachement
--------------------------------------------------------------------------
THE CHARTER OF FUNDAMENTAL RIGHTS OF THE W.A.TITLE I – DIGNITY
TITLE II – FREEDOMS
TITLE III – EQUALITY
TITLE IV – SOLIDARITY
TITLE V – CITIZENS' RIGHTS
TITLE VI – JUSTICE
TITLE VII – CONCLUSIONS
--------------------------------------------------------------------------
Furtherment of democracy/strong
THE CHARTER OF FUNDAMENTAL RIGHTS OF THE W.A.
TITLE I – DIGNITY
TITLE II – FREEDOMS
TITLE III – EQUALITY
TITLE IV – SOLIDARITY
TITLE V – CITIZENS' RIGHTS
TITLE VI – JUSTICE
TITLE VII – CONCLUSIONS

TITLE I – DIGNITY
ARTICLE I-1
Human dignity
Human dignity is inviolable. It must be respected and protected.
ARTICLE I-2
Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.

ARTICLE I-3
Right to the integrity of the person
1. Everyone has the right to respect for his or her physical and mental integrity.
2. In the fields of medicine and biology, the following must be respected in particular:
(a) the free and informed consent of the person concerned, according to the procedures laid down by law;
(b) the prohibition of eugenic practices, in particular those aiming at the selection of persons;
(c) the prohibition on making the human body and its parts as such a source of financial gain;
(d) the prohibition of the reproductive cloning of human beings.
ARTICLE I-4
Prohibition of torture and inhuman or degrading treatment or punishment
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
ARTICLE I-5
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. Trafficking in human beings is prohibited.

TITLE II – FREEDOMS
ARTICLE II-6
Right to liberty and security
Everyone has the right to liberty and security of person.
ARTICLE II-7
Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.

ARTICLE II-8
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of
the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority to be established in each member nation to their best ability.

ARTICLE II-9
Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed in accordance with the
national laws governing the exercise of these rights.


ARTICLE II-10
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion. This right includes
freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.
2. The right to conscientious objection is recognised, in accordance with the national laws
governing the exercise of this right.

ARTICLE II-11
Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.

ARTICLE II-12
Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all
levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.

ARTICLE II-13
Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

ARTICLE II-14
Right to education
1. Everyone has the right to education and to have access to vocational and continuing training.
2. This right includes the possibility to receive free compulsory education.
3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

ARTICLE II-15
Freedom to choose an occupation and right to engage in work
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
2. Every citizen of the W.A. Nation Members has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.
3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the W.A. Member States.

ARTICLE II-16
Freedom to conduct a business
The freedom to conduct a business in accordance with W.A law and national laws and practices is recognised.

ARTICLE II-17
Right to property
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired
possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law insofar as is necessary for the general interest.
2. Intellectual property shall be protected.

ARTICLE II-18
Right to asylum
The right to asylum shall be guaranteed with due respect for the rules of international law.

ARTICLE II-19
Protection in the event of removal, expulsion or extradition
1. Collective expulsions are prohibited.
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.


TITLE III – EQUALITY

ARTICLE III-20
Equality before the law
Everyone is equal before the law.

ARTICLE III-21
Non-discrimination
1. Any discrimination based on any ground such as nationality, sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

ARTICLE III-22
Equality between women and men
Equality between women and men must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

ARTICLE III-23
The rights of the child
1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions,
the child's best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and
direct contact with both his or her parents, unless that is contrary to his or her interests.

ARTICLE III-24
The rights of the elderly
The W.A. Member States recognise and respect the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

ARTICLE III-25
Integration of persons with disabilities
The W.A. Member States recognise and respect the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

TITLE IV – SOLIDARITY
ARTICLE IV-26
Workers' right to information and consultation within the undertaking
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by international law and national laws and practices.

ARTICLE IV-27
Right of collective bargaining and action
Workers and employers, or their respective organisations, have, in accordance with international law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
ARTICLE IV-28
Right of access to placement services
Everyone has the right of access to a free placement service.

ARTICLE IV-29
Protection in the event of unjustified dismissal
Every worker has the right to protection against unjustified dismissal, in accordance with international law and national laws and practices.

ARTICLE IV-30
Fair and just working conditions
1. Every worker has the right to working conditions which respect his or her health, safety and
dignity.
2. Every worker has the right to limitation of maximum working hours, to daily and weekly
rest periods and to an annual period of paid leave.

ARTICLE IV-31
Prohibition of child labour and protection of young people at work
The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations. Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.

ARTICLE IV-32
Family and professional life
1. The family shall enjoy legal, economic and social protection.
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.

ARTICLE IV-33
Social security and social assistance
1. The W.A. recognises and respects the entitlement to social security benefits and social
services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by international law and national laws and practices.
2. Everyone residing and moving legally within the borders of the W.A. Member Nations is entitled to social security benefits and social advantages in accordance with W.A. law and national laws and practices.
3. In order to combat social exclusion and poverty, the W.A. recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by W.A. law and national laws and practices.

ARTICLE IV-34
Health care
Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all W.A. policies and activities.

TITLE V - CITIZENS' RIGHTS

ARTICLE V-35
Freedom of movement and of residence
1. Every citizen of the W.A. Member Nation has the right to move and reside freely within the territory of the Member States.
2. Freedom of movement and residence may be granted to nationals of third countries legally resident in the territory of a Member State.

ARTICLE V-36
Diplomatic and consular protection
Every citizen of the W.A. Member Nation shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.

TITLE VI – JUSTICE
ARTICLE VI-37
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the W.A. are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.
Legal aid shall be made available to those who lack sufficient resources insofar as such aid is
necessary to ensure effective access to justice.

ARTICLE VI-38
Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

ARTICLE VI-39
Principles of legality and proportionality of criminal offences and penalties
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.

2. This Article shall not 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 recognised by the community of nations.
3. The severity of penalties must not be disproportionate to the criminal offence.

ARTICLE VI-40
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the borders of the W.A. Member Nations in accordance with the law.

TITLE VII - CONCLUSIONS

ARTICLE VII-41
Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, byW.A. law and international law and by international agreements to which the W.A. or all the Member States are party.

ARTICLE VII-42
Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.

I see you've done a really good start, but it's really long and some aspects have been covered already. But I think some bits can be salvaged for a good proposal and I am happy to assist if you wish.

Oh that would be great! You could my co-author :). I realise that some aspects have been covered, but what I want to achieve is a resolution that can be considered as a basis, so there's no need to repeal some of the resolutions.

I know it's long, but it's within the limits, but if we can adjust it, that would be just fine by me!

Thx again!

ARTICLE III-25
Integration of persons with disabilities
The W.A. Member States recognise and respect the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.


The WA currently doesn't have any protection for people with disabilities, so I think a resolution on protecting the rights of the disabled, based would be good. The key elements you could think about could include:

- The definition of the disabled (including those affecting mobility or ability)
- Declaring that disable people have the same dignity/rights as able-bodied people;
- The prohibition of unfair discrimination against the disabled;
- The promotion of a disabled person's right to employment, services, transport and so forth;
- The promotion of measures to help assist the disable to live the most comfortable lifestyle as appropriate;
- The promotion of financial measures as well (such as tax cuts, benefits and grants);
- In case of military, banning nations from conscripting/drafting disabled people, whilst allowing these people to voluntarily join the military;
- Requiring member nations to make real efforts to make buildings accessible to all people, disabled or not.

The aim is to push all three stats in member nations upwards. Don't choose 'Social Justice' because that will reduce the economy: I think equal rights for the disable will actually increase the economy.

'Human Rights' is much better, defining one resolution to be "A resolution to improve worldwide human and civil rights". Don't worry about the taxes because you should allow nations to decide how this reform should be funded. For the strength... well, it may be very sweeping.

I realise that some aspects have been covered, but what I want to achieve is a resolution that can be considered as a basis, so there's no need to repeal some of the resolutions.

Unfortunately, that's not going to be possible. Each resolution must address a single policy area as defined by its chosen category. You're crossing over a bunch of different categories, and the mechanical aspects of the game simply can't handle that. Also, recreating material that is already covered will get your new proposal deleted for 'Duplication' violations, and you can't passively repeal stuff by putting it into a later resolution.

Good energy, difficult premise. Pick an area or two and concentrate on them one at a time.

Don't be afraid to concentrate on one topic at a time because no one will come up with the "perfect resolution"; although there are hundreds topics the WA needs to address: the NationStates UN has had 244 resolutions in its lifetime up to 1 April 2008; I feel disability is a good one out of the hundreds to work on.

Ow, now i'm understanding the way this thing works. I see...wel disability it is. I'll will work on a draft and post it later this week. So Ms Ryberg if you have any proposals, I'm ready to integrate them.:) thx again for your advice.

Almost every article could be the starting point for a proposal in itself.

Weel i'm going to let this post stand, maybe others could get some ideas. I've made another draft for disabled people in a new topic.

greetz

My advise would be to use this as a template for future resolutions. Not as some "grand resolution" but rather as a roadmap to what you would like to accomplish. Once you can start to tick things off as "passed as resolution 154" you may consider working with the Moderators in creating something as a "meta-resolution" to give official unofficial status to a document that collects a number of resolutions for easy reference. That would keep it out of messing around with game mechanics, but would also add something new to the game. Not sure if that would fly with them, but who knows?

Yes, that's a good idea, noting that what's listed here is very close to what I personally want for the WA instead of a one world state: no, the WA is going to be a peacemaker.