The Fundamental Rights of Citizen

Please note: This page is still a work in progress, and will be expanded/tidied.

Overview

The Fundamental Rights of Citizen is one of two major law books belonging to The Benevolent Montostanian Empire, or the B.M.E. It was completed on the 17th of February 2023 by Olivia313.

The Document

Preamble

The B.M.E. establishes an area of freedom, security and justice which supports dignity, freedom, equality and solidarity. H.B., along with the Senate, recognize these rights, freedoms and principles and shall not abridge them. Every citizen is guaranteed the rights of the Constitution set out hereafter. Citizens of other states who are residing, working or for another authorised purpose within the B.M.E. are entitled to these rights while they are in relation with the B.M.E., however this does not include Article V.

Article I – Prohibition of forced labour

1. No one shall be held in a state of slavery or servitude.

2. No one shall be required to perform forced or compulsory labour, unless ruled by H.B. or the Senate.

Article II – Freedoms

1. Right to liberty and security of person.

2. Freedom of thought, conscience and religion.

3. The right to conscientious objection is recognised, in accordance with B.M.E. law.

4. Freedom of expression and opinion, is recognised, in accordance with B.M.E. law.

5. Freedom to pursue a freely chosen or accepted occupation and right to engage in work.

6. Freedom to conduct business in accordance with B.M.E. law.

7. Right to property: Everyone has the right to own, use and dispose of their 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.

8. Right to asylum from another state in the event that it is unsafe for the individual to remain.

9. Protection in the event of removal, expulsion or extradition to a State where it is unsafe for the individual to remain.

Article III – Equality

1. Equality before the law.

2. Non-discrimination: Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of minority, property, disability, age or sexual orientation shall be prohibited, if in the real world or within the game.

3. The B.M.E. will respect cultural, religious and linguistic diversity, if not actively embrace it.

4. Equality between all genders.

Article IV – Solidarity

1. Fair and just working conditions.

2. Access to services of general economic interest shall not be obstructed.

3. The policies of the B.M.E. shall ensure a high level of consumer protection.

Article V – Citizen’s Rights

1. Every citizen of the B.M.E. has the right to vote and to stand as a candidate at elections to the Senate, under the same conditions as other citizens.

2. Right to good administration: Evey person has the right to have his or her affairs handled impartially, fairly, and within reasonable time by the institutions of the B.M.E. This right includes:

a. The right of every person to be heard, before ant individual measure which would affect him or her adversely is taken;

b. The obligation of the administration to give reasons for its decisions.

3. Freedom of movement and residence: Every citizen of the B.M.E. has the right to move and reside freely within the territory of the B.M.E., unless denied by H.B.

4. Freedom of movement and residence may be granted to citizens of other states.

5. Diplomatic and consular protection: Every citizen of a state which has positive diplomatic relations with the B.M.E., in the territory of a separate State which has diplomatic relations with the B.M.E., is entitled to protection by the B.M.E.’s embassy or consulate in that location. The B.M.E. reserves the right to expel this person from the embassy, however. This is to be outlined further in foreign diplomatic relations law.

Article VI - Justice

1. Right to fair trial

a. Everyone whose rights and freedoms guaranteed by the law of the B.M.E, including the constitution, are violated has the right to an effective trial in compliance with the conditions laid down in this Article.

b. Everyone is entitled to a fair hearing within a reasonable time by an impartial tribunal. Everyone shall have the possibility of being advised, defended and represented.

2. Presumption of innocence and right to defence.

a. Everyone who has been charged shall be presumed innocent until proved guilty according to law.

b. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

3. The severity of penalties must not be disproportionate to the criminal offence.

4. Right not to be tried or punished twice in criminal proceedings for the same criminal offence.

5. Prohibition of abuse of rights: Nothing in this constitution or B.M.E. law 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 or at their limitation to a greater extent than is provided for herein.