Fundamental Rights of Humans and Animals:: Guarantee of Individual Independent Rights ------------------------------------------ No law can be enacted which abridges, regulates, or otherwise restricts individual conduct which does not impact the rights and privileges of others. An individual only abdicates his rights when he violates the rights of another or commits an act which imminently and credibly threatens the rights of another, and then, only in a proportionate, corresponding, and responsive manner as specified generally or specifically in this document. Sovereignty of the Individual ----------------------------- The property, mind, and body of an adult are sovereign. An adult is free to do as he sees fit within the realm of his biological body defined as all structures supplied with oxygen by his lungs, with nutrients by his intestines, or connected to his brain by nerve fibers. It is a biological crime, punished with at least one year's incarceration, to administer a moderate or stronger psychoactive substance (as defined in
) to an unknowing individual. No individual can be compelled to ingest a substance or undergo a surgical procedure as a precondition or requirement of any sort, except that a non-adult can be compelled by his guardians to undergo a medical procedure or submit to a medical dispensation or regimen that is clearly therapeutic or that effects the termination of a pregnancy. No individual can be asked or forced to submit to invasive biometric procedures whose results may serve to incriminate the individual, unless substantial evidence is already extant that the individual is in violation of relevant statutes, except that a guardian can require a non-adult for which he is responsible to submit to biometric procedures invasive or otherwise. No law can require, forbid, or regulate prenatal genetic or phenotypic screening practices. No law can require or forbid human germ line genetic manipulation, except insofar as constraints on creation of biological weapons may be applicable. No law can regulate or prohibit human cloning. No law can require collection or storage of more than 20000 contiguous base pairs of an individual's chromosomal makeup, or a facsimile or record thereof, and these base pairs must be contiguous with the start of chromosome 1. Right to Buy and Sell Human Organs ---------------------------------- No law can require, forbid, or otherwise specifically regulate commerce in human organs or tissues, or transplantation, implantation, or other use thereof, except as specified in this section. Living tissue of a deceased individual can be sold or otherwise transferred as live tissue only if the individual states this intent in formal contract or signed declaration before his death. Living tissue of a living individual can be sold or otherwise transferred as live tissue only if the individual consents in formal contract. Right to Property ----------------- Property cannot be taken from an individual except as specifically set forth in this document. The purpose to which private geographic property is put cannot be regulated or specified by law or community mandate, except insofar as certain purposes may comprise gross ecological devastation and so be forbidden. The owner or contractually defined tenant or custodian of private property can use physical means to prevent the theft of private property or trespassing on private property, provided the offender is verbally warned first and manifestly unresponsive or defiant, and the physical means can be reasonably expected to not cause any serious physical injury. The owner or custodian is not liable, prosecuteble, or penalizeable, for any minor injuries - scratches, bruises, superficial cuts, recoverable cranial concussions, or incidental and recoverable bone fractures or overextended tendons - sustained by the offender. The owner or custodian can confine the offender to permit subsequent transfer to official custody. No law can limit the variety or extent of the properties owned by an individual, or act on that basis, though the purchase of particular land properties can be temporarily embargoed as specified in this document. Deformities Which Generate Legal Inconsistencies ------------------------------------------------ When more than one brain (and corresponding, competent mind) of equal age and genotype are supplied by a single system of blood vessels, all minds must agree before any action can be taken which can chemically or organically impact the gross biological state of the organism. Rights of the Mentally Incompetent ---------------------------------- No law can deny or abridge to a mentally incompetent individual (as defined in ) any right except as set forth specifically in this document. Particularly, only rights, the exercise of which involves the custody and/or operation of devices or systems that may physically harm others, can be abridged. Discrimination by the State and by Substantial Monopolies --------------------------------------------------------- No law, action, or decision, and no action or decision by a party that is a substantial monopoly, including decisions of hiring, wages and salaries, assignment of duties, promotions and demotions of rank, charges of fees, acceptance as a client or customer, entry into a contract, and contents of contracts, can be based on or change their manner of operation based explicitly on race, ethnicity, age, or except as specified in this document, apparel, coiffure, creed, deformity, infirmity, or gender, provided that such laws, actions, and decisions, and such actions and decisions by a party that is a substantial monopoly, can be based on or change their manner of operation based explicitly on any characteristic directly implicated in fitness for fulfillment of the narrowly defined responsibilities of employment or performance within a contract, including donning of uniforms while on duty. This section does not apply to a non-state party when it is not a substantial monopoly. Right to Surveillance and Recording ----------------------------------- No law or contract can forbid or restrict, as such, the right of a private individual to monitor and/or record any signal (acoustic, electrical, electromagnetic, mechanical, etc.) provided he does not physically trespass in order to do so. Surveillance includes information gathering through invasion of computing resources, as detailed in . Right to Secrecy ---------------- At the request of the provider of such information, information about the thoughts, commerce, activities, and engagements of an individual, or the commerce, activities, and engagements of an incorporated entity, must be guarded in confidence by all who are privy to this information only by reason of deliberate communication or transactions with said individual or incorporated entity, unless the subjects of the information have provided permission for disclosure, or in a submission to the judge of a court to determine admissibility as evidence, or a court has ordered that the information be produced as evidence in an official proceeding. If such information is produced under court order, it is made available only to the judge of the court, and the prosecution and defense in the case including their attorneys, unless and until such time as a conviction has been registered, all avenues of appeal have been exhausted, and the trial minutes are published, in which case such information must be included with the published trial minutes if and only if the judge who issued the final decision relied upon said information in making his decision. No information originally gathered through surveillance of an individual or his communications and property can be made to directly produce or increase revenue for the individual, organization, or incorporated entity, that performed, sponsored, or directed the surveillance, without the express permission of the surveiled individual. Information gathered by the state, or by a private party in performance of a contract with the state, or subcontract within the purview of a state contract, through surveillance of an individual, cannot be divulged unless the subjects of the information have provided permission for disclosure, or to law enforcement officials engaged in relevant investigation, or in a submission to the judge of a court to determine admissibility as evidence, or a court has ordered that the information be produced as evidence in an official proceeding. Privacy of Births and Deaths ---------------------------- No law can mandate the reporting (to any individual or organization) of a human death that was not caused or assisted, in whole or in part, by another human, or of a human pregnancy or birth, nor can any law provide penalties of any sort for failure to report such. Furthermore, except as outlined below, no law can mandate a particular handling method for corpses, and in particular, the family of a deceased human cannot be required to hand over the corpse to any third party, provided the death was not caused or assisted, in whole or in part, by another human. A corpse must be handled in such a way as to not pose any reasonably avoidable potential or actual risk to the health of others, and specifically must not be directly exposed to the atmosphere at large for longer than one day after death without containment or appropriate disinfecting and preserving chemical treatment. Right to Self-Defense and Defense of Others ------------------------------------------- An individual can, when presented with a credible and immediate threat that another individual or set of individuals will commit a biological crime against himself or another individual, legally defend himself and/or other would-be victims, through any and all means available to him, with the corollary that his actions must not exceed in injury to the perpetrators that which, under the circumstances, can have resulted from a good-faith effort to use minimal force. Nonetheless, the defender is not guilty of any wrongdoing even if despite his best effort to use the minimum force likely to bring the crisis to abatement, the perpetrator(s) are seriously injured or killed. Robbery is a violent, and therefore biological, crime. Right to Suicide ---------------- An individual has the right to end his own life. Criminal Incitement Prohibition ------------------------------- It is unlawful to explicitly recommend, incite, or urge the commitment of a biological crime (as defined in ), through any means of communication. Such an act is a minor non-biological crime, and the penalty is to be proportionate to the penalty for the biological crime which was recommended, incited, or urged. False Incitement Prohibition ---------------------------- It is unlawful to announce or otherwise deliberately communicate a message the announcer/communicator knows to be false or distorted, if such announcement/communication can be reasonably expected to lead to crime and/or cause panic which endangers the physical safety of others. Finer delineations of this category of crime, and penalties therefore, must be specified by law. Right to Communicate -------------------- Those incarcerated for murder, i.e. permanently, have no right to communicate with anyone besides a lawyer in his official capacity, and other permanent inmates. No one has a right to communicate with a convicted murderer, and in general such communication is forbidden. No one currently incarcerated has a right to privacy or anonymity in communications. Aside from these exceptions, the following apply universally. No law can interfere in the content of communications of any sort, regardless of audience and technology, except according to contractual obligations, and as restricted by the and , in , in , in , and as set forth below under . No law can forbid enterprise in systems and technologies which provide for anonymous speech or communication, or differentiate them legally from systems and technologies that do not provide for anonymous speech or communication. No law can forbid enterprise in systems and technologies which facilitate the detection, reception, decoding, and/or presentation of electromagnetic (including optical), acoustical, mechanical, or other signals, or differentiate them legally from systems and technologies that do not provide for such detection, reception, decoding, and/or presentation. No law can interfere with enterprise in communications systems which do not consume contentious resources, except for zoning and environmental law as explained below. Specifically, the state must not involve itself in the private design and deployment of cabled or directed-beam communications. This freedom must not be construed to imply unrestricted freedom to build towers and beam injurious radiation; that is, zoning law and environmental law regulate in practice certain techniques of otherwise non-contentious communications. It is unlawful to deliberately sabotage the free expression of another through any means, for example by shouting or through RF interference. Furthermore, such interference through negligence must be immediately ceased upon notification and request, and repetition of the interference under similar circumstances is construed as deliberate. No law can interfere with the right of private citizens, not otherwise bound by contract, to communicate and associate freely with all people of the world, or to refrain from communication and association. People not able to set up telecommunications access by reason of temporary incarceration must be supplied with the means of connectivity, as a shared resource in common areas, and personal equipment if so desired; for personal equipment, the incarcerated individual must pay for the service directly. The cost of common-area communications equipment, like all costs in all prisons, are covered by the inmates either by direct payment or through the assumption of debt. On Rescue --------- No law can require that a citizen assist another citizen, regardless of the distress or injury of the latter citizen. No penalty for non-assistance can be specified by law. On Moral Offense ---------------- The individual does not have a right to be free of moral offense or simple inconvenience. Hence, no law can be constructed which grants to the individual or group, protection from emotional, intellectual, or moral disturbance, indignation, or offense, except as incidental corollaries of law forbidding assault, harrassment, theft, trespassing, and other relevant crimes as defined and enumerated in this document. Libel ----- No one can knowingly communicate an untruth about another party in such a way that the party's credibility is reduced, or the party's formally or informally adjudicated eligibility for or likelihood of attainment of a right, privilege, entitlement, position, or engagement, is reduced, provided that the state is not the party at issue. The penalty for such a communication is publication of conviction for the act, and payment for the cost of trial, if any. Freedom of Clothing and Appearance ---------------------------------- Except as mutually agreed in contract, the right of any individual in a public area, or on private property with the owner's or tenant's implicit or explicit consent, to wear whatever clothes he wishes, or none, and to arrange, affix, and/or display hair and earrings or other ornaments, cannot be infringed. Freedom of Movement ------------------- No individual not currently incarcerated can be forbidden to move about freely within the boundaries of the nation for any reason, except as limited by private property rights, access restrictions on access-controlled state-owned property (as defined in ), and except that an individual can be excluded by standing court order from specific locales contained within a radius of up to half a mile, as a precondition of non-prosecution for harassment. No identification or other documentation can be required to travel freely within the boundaries of the nation (which freedom of travel is subject to the exceptions enumerated in the previous paragraph). The only permissable justifications for disallowing the movement of an individual into or out of the nation are current court proceedings or engagements, or concern for the physical safety of others as substantiated by statements or conduct of the individual. Immigration ----------- Naturalized immigration must be predicated on cognitive and physical aptitude, personal prosperity, health, youth, alignment with the precepts of this document, and if applicable, immediate genetic familial ties (including spousal relationships when accompanied by children), but not on any other attributes. In any single one year interval, the net increase in non-native-born naturalized immigrants cannot exceed one percent of the population at the start of that interval. A naturalized immigrant has the same initial set of rights, and initial eligibility for privileges, as a native-born resident in good standing. He is a citizen in every way. Non-compulsion to Purchase or Engage ------------------------------------ No individual can be compelled by law or by the action of an agent of the state to purchase any product or service, nor to enter into any binding contract, loan agreement, or engagement with an individual or private entity, either specifically or by category, except as this document specifically sets forth. Generally, neither granting and exercise of a license, nor the exercise of a right, can be restricted or qualified based upon purchase from or contract with any individual or incorporated entity. The Right to Carry Weapons -------------------------- Purpose designed deadly weapon (PDDW) is defined in . Subject to the following exceptions and restrictions, it is the right of each adult to own and carry a concealed or displayed, immediately and accessibly operable, purpose-designed deadly weapon (CIAO-PDDW), provided he obtains a license by passing a set of verbal and scenario simulation tests which impartially evaluate the conduct of the individual while armed as it relates to the rights of others, and which confirm that the individual has a full understanding of this section. Upon completion of this test battery, the adult is a licensee. No individual who has been convicted of a violent crime can be a licensee. No individual who is mentally incompetent can be a licensee. No non-adult can be a licensee. Only a licensee can own a PDDW. A non-licensee cannot carry a PDDW beyond the direct visual supervision of a licensee. At all times, the custodian of record of a PDDW and any ancillary equipment (such as ammunition) must store (holster or pocket) it on his body, or hold it, or conceal it (under a pillow or mattress, in a drawer in the room he is in, etc.) while positioned in such a way that the weapon cannot be easily retrieved without his knowledge, or position it such that he can surveil it (line of sight, video monitoring, or tamper detector and alarm), or lock it in a secure container only he can easily unlock, or fix a lock to the action that prevents the operation of the PDDW, or leave it out of plain view in a walled structure with the authorization of the lessor or the owner, locked such that no one ineligible to take custody of a PDDW can unlock it, or otherwise keep it under his control. Except for the guidelines for temporary seizure as evidence as set forth in , an individual can be required to surrender his PDDW(s) only after he has been convicted of a violent crime, or become mentally incompetent, and in either case he is required to surrender his PDDW(s) and associated ammunition without delay. The state must compensate the individual at taxpayer expense for the fair market value of the PDDW(s) and/or ammunition seized, and can sell the weapons to the eligible public at large at fair market value. The right of a licensee to carry a lawfully held CIAO-PDDW extends to the right to transport it on state-owned roadways and roadways administered as though state-owned. Furthermore, no law can require separate or distinct authorization to carry a CIAO-PDDW on the basis of locale - generally, a licensee has the right to carry a lawfully held CIAO-PDDW anywhere in the nation, except as set forth below. Access-controlled property is property accessible only through guarded entrances, locked entrances, entrances equipped with access- controlling automatic identification and PDDW detection technology, by scaling of a fence or wall presenting an external vertical face eight feet high or higher or six feet high or higher and crowned with barbed wire, by flight, by underground tunneling, or by destructive penetration. Property which is not access-controlled is anonymously accessible. The right of a licensee to carry a lawfully held CIAO-PDDW in anonymously accessible areas, and on access-controlled private property with the permission (either automatic or specific) of the tenant or, if there is no tenant, the owner, cannot be infringed. Without conspicious display of a sign, or personal notification or agreement, a licensee is automatically permitted to carry a lawfully held CIAO-PDDW on access-controlled private property. The privilege and responsibility of carrying a CIAO-PDDW on access-controlled state-administered property is granted as specified by law. Wherever the right of any licensee to carry a lawfully held CIAO-PDDW is denied, all PDDW's carried by authorizees must be carried openly and conspicuously. Except in individual private dwelling places when the denial is by a current owning or rent-paying resident, wherever the right of any licensee to carry a lawfully held CIAO-PDDW is denied, at least one officially designated security officer carrying a PDDW must be present on the premises, all usable exits must be alarmed or guarded, and all usable entrances must be equipped with access-controlling identification and/or PDDW detection personnel and/or technology. Only positively identified individuals formally authorized to carry PDDW's on the premises can be admitted with PDDW's. Such authorization must identify the PDDW(s) the individual is permitted to carry, by description and serial identifier. Constraints on Use of Force --------------------------- Physical force, including arrest and detainment, can be brought to bear on a person only if that person is in the process of, or has just been observed, committing a destructive or biological crime (as defined in ), or that person presents an immediate and credible threat to commit a destructive or biological crime, or a court has found that that person is a viable suspect in such a crime and authorized his detainment, or that person has been found to be a fugitive by a court. Any use of force is to be the minimum sufficient to bring the situation to abatement. On Citizens Abroad ------------------ The state must not use other than diplomatic means, and/or means mutually agreed to by both relevant states, to protect the interests of citizens in their private capacities while they are outside the nation. Specifically, any physical operation by the state in foreign territory can only be undertaken with the permission of the corresponding foreign state, except in time of war when the foreign state has initiated physical military aggression directly within the territory of this nation, or within the territory of another nation with an imminent threat to do so within the territory of this nation. Animal Rights ------------- It is unlawful to treat an animal in such a fashion that its tendency to injure humans is clearly increased, if and only if the animal is likely to subsequently be in a position to injure humans who are not able to make an informed decision regarding interaction with the animal. On Harassment -------------- Harassment is prolonged or repeated expression (specifically to the harassed) or immediate presence (through deliberate positioning explicable only on the basis of proximity or relationship to the harrassed) by a harasser, which is offensive to the harassed, and which the harassed cannot avoid without altering the physical routines of daily life, in particular (but not limited to) the locations of his home and workplace, and the manner in which messages, packages, and other deliveries are accepted. To enjoy legal protection from harassment, the harassed must lodge a complaint with the state, and the state is thence required to promptly inform the harassing individual that his actions are interpreted as harassment by the harassed and that, if his actions indeed satisfy the criteria of harassment, he is required by law to desist. A harasser may be an individual, or an incorporated entity (including the state) represented by one or more agents. On Cohabitation --------------- No law can recognize an arrangement of cohabitation as such, or alter its fashion of application on that basis. Specifically, arrangements of marriage cannot be recognized by law, cannot carry legal ramifications, and cannot be in any way codified by law.