THE COVENANTS OF HUMAN RIGHTS & FREEDOMS:
- Article 1: TorHavn's Citizens
- Article 1: Basic Rights
- The Kingdom acknowledges that all people are equal in their rights and
that such rights are inalienable.
- The Kingdom and its government shall guarantee the rights set forth in
this Codex subject only to the limits defined by legislation which can be
demonstrated as necessary in a free Kingdom such as TorHavn.
- Article 2: Exclusion of Rights
- The listing of particular rights within this Codex Rex is meant as a
minimum and should not be considered to imply that no other rights exist nor
that these rights are incompatible with others, especially as is normal and
honourable within this Kingdom.
The Covenants of Rights & Freedoms
1st Covenant: The Guarantee
The Covenants of Rights and Freedoms guarantee the rights and freedoms set
out in them to all TorHavn's citizens, subject only to such reasonable limits
prescribed by law as can be demonstrably justified in a free society. These
Covenants shall be interpreted in a manner consistent with TorHavnian custom
and tradition, and with the aim in mind of preserving and enhancing the
ethnic heritage of the Realm and the peace, order, and good government for
the Kingdom of TorHavn.
These Covenants are hereby established in perpetuity, second only to
TorHavn's Principles as decreed by the Viridian Crowns of the Kingdom
(because the Earth shall always come first, even before the Kingdom). No
Policy (those royal decrees and laws passed hereafter by both the Twin Houses
of Council & the Crown). So it shall always be, since human rights and the
human condition will always be THAT important.
2nd Covenant: Regarding Freedoms of Speech & Thought
No law shall exist abridging the freedom of thought, belief, opinion and
expression, including freedom of the press and other media of communication
except in case of public order or ethics/morals. Censorship shall never exist
in TorHavn; every person may freely speak, write and publish hir sentiments
on all subjects, being responsible for the libelous abuse of that right.
3rd Covenant: Regarding Freedoms of Religious Practice
The government shall not restrict the free exercise of religion or conscience
in worship or conduct, nor shall any preference be given by the Crown to any
religious establishment. Religious services and rituals not in conflict or
violation with law or public order are authorized & allowable.
The only stipulation regarding this Covenant shall be the abusive, aggressive
use of proselytizing towards any other person of any other religion,
philosophy or belief, which is NOT allowed, even if it is in accord with that
particular group's catechism.
4th Covenant: Regarding Freedoms of Lifestyle & Culture
No discrimination, affirmative action schemes, nor preferential treatment
shall exist within the Kingdom of TorHavn on the grounds of race, colour,
class, nobility, sex, sexual preference, gender identity, age, religion,
beliefs, language, or any other physical or societal parameters of any kind
whatsoever, except as provided for elsewhere in the Codex. Separate
consideration on the basis of sex may only exist in cases of propriety,
privacy or as determined by the Crown.
5th Covenant: Regarding Freedoms to Assemble
TorHavn's citizens have the right to peaceful assembly whether in private
facilities or in the open air, provided that such assembly neither disrupts
traffic or legal commercial activity, or unduly inconveniences people.
TorHavn's citizens have the right to freely organize political, philosophical
and other such organizations, subject to their own laws of membership, and
this right may not be abridged except with regards to organizations which
advocate the use of violence or intimidation to attain political or other
ends, or which seek to restrain any person or group of people from the
exercise of their rights as granted under these Covenants or the Codex
Rex.
6th Covenant: Regarding Freedoms of Security & Property
Under the principle that "A Man's Room is His Kingdom," the right of the
people to privacy and security in their persons, homes, papers,
correspondence, and property, against unreasonable searches and seizures,
shall not be violated. The privilege of the writ of habeas corpus
shall not be suspended.
No person may be arrested or detained without a warrant issued by a judge,
except in cases of flagrante delicto. No warrants shall be issued except on
probable cause, and must particularly describe the place to be searched and
the person or things to be seized.
The right to privacy for public figures must be balanced by the public's
right to know, in matters affecting politics, elections, campaigns, and
governing. The intentional withholding of political information which
reasonable voters might find helpful, profitable, or informative, violates
the public's right to know.
7th Covenant: Regarding Freedoms of Trials
Any person charged with an offence shall be presumed inocent until proven
guilty, and has the right to request information on hir legal rights. No
accused person shall be twice put in jeopardy of life, liberty, or property
for the same offence, without compelling evidence to the contrary, or without
due process of law; nor shall any citizen be compelled in any criminal case
to bear witness against himself. Excessive fines, and cruel and bizarre
punishments, shall not be inflicted.
8th Covenant: Regarding Freedom of Actions
No person shall be found guilty on account of any act or omission, unless, at
the time of the act or omission, it constituted an offence under TorHavn's or
international law, or was criminal according to the general principles of law
recognized by the community of civilized nations, as interpreted by TorHavn's
courts in line with TorHavn's traditions and needs.
9th Covenant: Regarding Freedom of Judgements
In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury or tribunal of the Crown. The accused
shall have the right to be informed of the nature and cause of the
accusation, to confront the witnesses against him, and to have subpoena power
to obtain witnesses in hir favour. The accused has the right to have the
assistance of counsel for hir defence.
10th Covenant: Regarding Freedom to Private Intimacy
While upholding the sanctity of marriage and/or the Domestic Partner Compact,
TorHavn holds inviolable the rights of all consenting adult citizens to
manage their own private sexual conduct. The rights of equality in marriage,
etc., and the right to termination of marriage, etc., according to law, shall
not be abridged.
11th Covenant: Regarding Freedom of Choice
The right of any woman, during the first five months of her pregnancy, to
make a determination on the continuation of that pregnancy, shall never be
abridged; nor shall access to legitimate medical procedures conected
therewith be restricted by any private or public body.
12th Covenant: Regarding Freedom to Euthanasia
The right of citizens to end their own lives, or to determine the
circumstances of their deaths as much as is physically possible, whether
through living wills or assisted or unassisted suicide, shall not be
abridged, and is guaranteed by Royal Decree (Principles of Care). The lives
of terminally ill or braindead persons shall not be artificially prolonged
against their wishes, or against the wishes of their families when they are
incapable of communicating, except in cases of ample cause.
13th Covenant: Regarding Freedoms & Liberties
Liberty consists of any action which is not detrimental to others, and no
right herein enumerated, or elsewhere recognised by Crown & Kingdom, shall
extend to anyone engaged in activities which injure, endanger, risk or
compromise the physical health, privacy, or tranquility of other persons
through the pretended exercise of said right.
As such: Slavery is forbidden within the Kingdom of TorHavn, its territories,
protectorates, and any other realms controlled by the Kingdom, except as is
normal under the concepts of a fief in a kingdom.
14th Covenant: Regarding Freedoms to Recourse
Anyone whose rights and freedoms, as guaranteed by these Covenants, have been
infringed or denied may appeal to a court of competent jurisdiction to obtain
such redress of grievances as the court considers appropriate and just in the
circumstances, but the award granted to the plaintiff for punitive damages
shall not exceed that granted for compensatory damages.
15th Covenant: Regarding Evidence
Where, in the course of a trial, a court concludes that evidence was obtained
in a manner that infringed or denied any rights or freedoms guaranteed by
these Covenants, the evidence shall be excluded if it is established that,
having regard to all the circumstances, the admission of it in the
proceedings would bring the administration of justice into disrepute.
16th Covenant: Regarding the Freedom to Leave TorHavn
TorHavn citizenship can only be lost by a citizen's voluntary renunciation of
citizenship, or as punishment for a crime determined by (a duly-appointed
representative of) the Crown.
17th Covenant: Regarding the Freedom to Rights
The enumeration of rights and freedoms in these Covenants shall not be
construed to deny or disparage other rights retained by the people. Powers
not delegated by law to the Crown, to the Government, to the courts, to the
Provinces or Territories, or to legal state organs established thereunder,
are held by TorHavn's people, and may not be taken away from the People.
18th Covenant: Regarding the Right to Dignity
Each and every person has the right to dignity and just treatment from,
with and among others. As such:
- Torture is forbidden.
- Cruel and unusual punishments shall not be inflicted, nor excessive fines
imposed.
- The Kingdom, the government, and the Law shall respect the privacy of
each individual to as great an extent as is possible while still ensuring the
safety and security of all citizens.
- Personal property may not be taken without due compensation, except where
such confiscation is imposed as a fine by the courts.
- All persons accused of a crime shall be presumed innocent until proven
guilty. The accused must be informed of the accusation. No person shall be
forced to testify against him or herself. Evidence gained in a manner
contrary to the laws of the Kingdom or this Codex shall be inadmissible in
court.
- Forced labor is forbidden, except as part of a punishment imposed by the
courts. Such punitive labor may certainly not be cruel or unusual in its
nature or performance.
- The Kingdom shall make no laws that discriminate against persons based
upon their gender, race, religion, or creed.
- All accused persons shall judged swiftly and thoroughly. All Judgements
will be public unless the courts deem that a public trial will be
harmful to defendants, litigants, or those who testify. Private trials,
however, must be recorded by either videotape or court reporter & artist minutely.
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