Universal Civil Rights of the New Atlantic #

PART I — FOUNDATION #

Section 1. Application #

These rights are guaranteed to every person within Commonwealth territory. They bind all institutions and levels of government and all public bodies. They also bind private persons to the extent that a right is applicable to private conduct, as determined by law and the courts. The Commonwealth must respect, protect, promote and fulfil the rights in this document.

Section 2. Equal Treatment #

Everyone is equal before the law and entitled to equal protection and benefit of the law. No person may be unfairly discriminated against, directly or indirectly, on grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth. Discrimination on these grounds is presumed unfair unless demonstrated otherwise. The Commonwealth may take measures to protect or advance persons or groups disadvantaged by past or present discrimination.

Section 3. Human Dignity #

Everyone has inherent dignity. The right to have one’s dignity respected and protected is guaranteed.

Section 4. Life #

Everyone has the right to life.

PART II — PERSONAL FREEDOMS #

Section 5. Freedom and Security of the Person #

1. Everyone has the right to freedom and security of the person, including the right:
   1. not to be deprived of freedom arbitrarily or without just cause, or detained without trial;
   2. to be free from all forms of violence from public or private sources; and
   3. not to be tortured or treated in a cruel, inhuman or degrading way.
2. Everyone has the right to bodily and psychological integrity, including the right:
   1. to security in and control over their body;
   2. to make decisions concerning reproduction; and
   3. not to be subjected to medical or scientific experiments without informed consent.

Section 6. Privacy #

Everyone has the right to privacy. This includes the right not to have one’s person, home or property searched; one’s possessions seized; or the privacy of one’s communications infringed.

Section 7. Freedom from Slavery #

No one may be subjected to slavery, servitude or forced labour.

Section 8. Freedom of Movement #

Everyone has the right to freedom of movement and residence within the Commonwealth. Every citizen has the right to a travel document and passport. Everyone has the right to leave the Commonwealth. Every citizen has the right to enter, remain in and reside anywhere in the Commonwealth.

PART III — POLITICAL AND CIVIL RIGHTS #

Section 9. Conscience, Religion and Belief #

1. Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
2. Religious observances may be conducted at Commonwealth institutions on an equitable basis where attendance is voluntary.
3. Marriages and systems of personal or family law conducted under recognised traditions may be given legal effect as prescribed by law.

Section 10. Freedom of Expression #

1. Everyone has the right to freedom of expression, including:
   1. freedom of the press and other media;
   2. freedom to receive and impart information or ideas;
   3. freedom of artistic creativity; and
   4. academic freedom and freedom of scientific research.
2. These rights do not extend to propaganda for war; incitement of imminent violence; or advocacy of hatred based on race, ethnicity, gender or religion that constitutes incitement to cause harm.

Section 11. Assembly and Association #

Everyone has the right to assemble peacefully and without arms, to demonstrate, to picket and to petition. Everyone has the right to freedom of association.

Section 12. Political Rights #

Every citizen has the right to free, fair and regular elections to any legislative body established by the Constitution, and to vote in secret. Every adult citizen has the right to stand for and hold public office. Every citizen is free to participate in political organisations and to campaign for a political cause.

Section 13. Citizenship #

No citizen may be deprived of citizenship. The circumstances in which nationality may be acquired, and the limited circumstances in which it may be lost, are laid down by law.

Section 14. Access to Information #

Everyone has the right of access to information held by the Commonwealth or by any body exercising public functions, subject to reasonable measures to manage administrative burden as prescribed by law. Everyone has the right to information held by a private person where that information is required for the exercise or protection of a right.

PART IV — ECONOMIC RIGHTS #

Section 15. Labour Rights #

1. Everyone has the right to fair labour practices.
2. Every worker has the right to form and join a trade union or syndicate; to participate in its activities and programmes; and to strike.
3. Every employer has the right to form and join an employers’ organisation and to participate in collective bargaining.
4. Every trade union, bureau and employers’ organisation has the right to determine its own affairs, organise, and form or join a federation.

Section 16. Participation in the Commons #

Every citizen has the right to participate in the commons. No person may be excluded from the domestic economy or denied access to the goods and services of the commons as a form of punishment or administrative sanction.

Section 17. Property and Land #

1. No one may be arbitrarily deprived of property. Property may be expropriated only for a public purpose, in terms of law of general application, subject to compensation agreed between those affected or determined by a court.
2. A claim to land is understood in terms of stewardship and use. Courts determining land rights must have regard to: the current use and condition of the property; the history of its acquisition; its economic value; and the extent of public or private investment in it.
3. The Commonwealth must take reasonable measures to enable citizens to access and work land on an equitable basis.

Section 18. Social Rights #

1. Everyone has the right to access adequate housing. No one may be evicted from their home or have their home demolished without a court order made after considering all relevant circumstances.
2. Everyone has the right of access to healthcare services, including reproductive healthcare; to sufficient food and water; and to appropriate social assistance if unable to support themselves or their dependants. No one may be refused emergency medical treatment.
3. The Commonwealth must take reasonable legislative and other measures, within its available resources, to achieve these rights progressively.

Section 19. Education #

1. Everyone has the right to education, including adult education. Education is free through secondary level.
2. Everyone has the right to receive education in English and, where reasonably practicable, in the official language of their choice.
3. Independent educational institutions may be established provided they do not discriminate on the basis of race, are registered with the Commonwealth, and maintain standards not inferior to comparable public institutions.

Section 20. Environment #

Everyone has the right to an environment that is not harmful to their health or wellbeing, and to have the environment protected for present and future generations through reasonable Commonwealth measures, including prevention of pollution, ecological protection and sustainable use of resources.

Section 21. Freedom of Occupation #

Every citizen has the right to choose their trade, occupation or profession freely. The practice of an occupation may be regulated by law.

PART V — CULTURAL RIGHTS #

Section 22. Language and Culture #

Everyone has the right to use their language and to participate in the cultural life of their choice, provided this is not exercised in a manner inconsistent with any right in this document. Persons belonging to a cultural, religious or linguistic community have the right to enjoy their culture, practise their religion and use their language, and to form and maintain civil associations for this purpose.

PART VI — CHILDREN’S RIGHTS #

Section 23. Children #

1. Every child has the right:
   1. to a name and nationality from birth;
   2. to family or parental care, or appropriate alternative care when removed from the family environment;
   3. to nutrition, shelter, healthcare services and social services;
   4. to be protected from maltreatment, neglect, abuse or degradation;
   5. to be protected from exploitative labour practices;
   6. not to be required to perform work that is inappropriate for their age or that risks their wellbeing, health or development;
   7. not to be detained except as a measure of last resort and for the shortest appropriate period, separately from adults; and
   8. not to participate in war, and to be protected in times of armed conflict.
2. The best interests of the child are of paramount importance in every matter concerning the child.

PART VII — JUSTICE #

Section 24. Fair Administrative Action #

Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. Everyone whose rights are adversely affected by administrative action has the right to be given written reasons.

Section 25. Access to Courts #

Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.

Section 26. Arrested, Detained and Accused Persons #

1. Every arrested person has the right:
   1. to remain silent, and to be informed of this right and the consequences of not exercising it;
   2. not to be compelled to make any confession or admission that could be used in evidence;
   3. to be brought before a court within 48 hours of arrest, or by the end of the first court day thereafter if that period ends outside court hours;
   4. to be charged or informed of the reason for continued detention at their first court appearance; and
   5. to be released if the interests of justice permit, subject to reasonable conditions.
2. Every detained person has the right:
   1. to be informed promptly of the reason for their detention;
   2. to choose and consult a legal practitioner, and to be informed of this right promptly;
   3. to have a legal practitioner assigned at Commonwealth expense if substantial injustice would otherwise result;
   4. to challenge the lawfulness of their detention before a court, and to be released if the detention is unlawful;
   5. to conditions of detention consistent with human dignity; and
   6. to communicate with and be visited by a spouse or partner, next of kin, a chosen religious counsellor and a chosen medical practitioner.
3. Every accused person has the right to a fair trial, including:
   1. to be informed of the charge in sufficient detail to answer it;
   2. adequate time and facilities to prepare a defence;
   3. a public trial before an ordinary court, beginning and concluding without unreasonable delay;
   4. to be present when tried;
   5. to a legal practitioner, and to have one assigned at Commonwealth expense if substantial injustice would otherwise result;
   6. to be presumed innocent and to remain silent throughout proceedings;
   7. to adduce and challenge evidence, and not to be compelled to give self-incriminating evidence;
   8. to be tried in a language understood, or to have proceedings interpreted;
   9. not to be convicted for an act that was not an offence at the time it was committed; and
   10. to appeal to or seek review by a higher court.
4. Evidence obtained in a manner that violates any right in this document must be excluded if its admission would render the trial unfair or otherwise be detrimental to the administration of justice.

PART VIII — SCOPE AND LIMITATION #

Section 27. Limitation of Rights #

The rights in this document may be limited only by law of general application, to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. Courts must take into account: the nature of the right; the importance of the purpose of the limitation; the nature and extent of the limitation; the relation between the limitation and its purpose; and whether less restrictive means could achieve the same purpose.

Section 28. States of Emergency #

1. A state of emergency may be declared only when the life of the nation is threatened by war, invasion, insurrection, natural disaster or other public emergency, and only when strictly necessary to restore peace and order. A declaration lapses after 21 days unless extended by a majority of the Mandatory Ecclesia; subsequent extensions require a two-thirds majority, each for no more than three months.
2. Any court may decide on the validity of a declaration, its extension or any action taken under it.
3. No emergency legislation may indemnify the Commonwealth or any person in respect of any unlawful act.
4. The following rights may not be derogated from under any emergency:

2	Equal treatment	Regarding race, colour, ethnic or social origin, sex, sexual orientation, religion or language
3	Human dignity	Entirely
4	Life	Except in respect of persons convicted of crimes against humanity
5	Freedom and security	Regarding torture and cruel, inhuman or degrading treatment
7	Freedom from slavery	Regarding slavery and servitude
23	Children	Regarding protection from abuse, exploitative labour and participation in war
26	Detained persons	Regarding the right to silence, the right not to be compelled to confess, and the right to challenge the lawfulness of detention

Section 29. Enforcement and Interpretation #

1. Anyone may approach a court alleging that a right has been infringed or threatened — acting in their own interest; on behalf of another who cannot act for themselves; as a member of or in the interest of a group; in the public interest; or as an association in the interest of its members. Courts may grant any appropriate relief, including a declaration of rights.
2. When interpreting these rights, a court must promote the values of an open and democratic society based on human dignity, equality and freedom; must consider international law; and may consider foreign law.
3. No provision of this document denies the existence of other rights recognised by common law, customary law or legislation, to the extent consistent with the rights guaranteed here.