Model Declaration of Rights

This is a sample declaration of rights that includes all the minimum of rights that ought to be presumed by democratic peoples today.  The document is extensive, because the list of rights and liberties denied by the United States to its citizens is extensive.  Many of the provisions are adapted from the latest in constitutions.

Chapter I. Fundamental Rights

Article 1. All human beings are free and equal, shall possess the same rights, shall be subject to the same duties, and shall enjoy the equal protection of the laws.

Section 1.1 No human being may be discriminated against on the basis of race or ethnicity, place of birth, age, sex, gender identity, cultural identity, civil status, language, religion, ideology, political affiliation, legal record, socio-economic condition, migratory status, sexual orientation, health status, disability, physical difference or any other distinguishing feature, and no discrimination shall be permitted with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on equal terms, of the rights and liberties of every person.

Section 1.2 The law shall guarantee conditions such as to make equality before the law real and effective for all human beings within the jurisdiction of the nation, shall adopt affirmative measures for the benefit of any group that is discriminated against, marginalized, or vulnerable, shall protect those persons who, because of any of the aforementioned circumstances, are in a manifestly weak position, and shall punish those who abuse or mistreat such persons.

Section 1.3 The supreme duty of the Public Power consists of respecting and enforcing respect for the rights guaranteed in this Declaration, the Constitution, and the law both domestic and international.

Article 2. The Declaration of Rights is inviolable, may not be set aside or disregarded for any contingency, nor may any of rights and liberties be waived.

Article 3. The Declaration of Rights does not disparage nor deny the existence of other rights not described here.

Article 4. The rights enumerated in the treaties and other international agreements that have been ratified by the National Assembly shall be recognized by the Public Power.

Article 5. All human beings born or naturalized in the nation shall be a Citizen of the nation.

Article 6. All power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the People, is injurious to their rights, and shall not to be exercised.

Article 7.  All persons have the right to life and integrity.

Section 7.1 All human beings have the right to protection from physical, sexual, and psychological violence, and have the right to self-defense.

Section 7.2 No human being shall be tortured, nor suffer cruel, inhumane, degrading, or humiliating treatment or punishment.

Section 7.3 No human being shall be put to death, as punishment or otherwise.  The death penalty is prohibited.

Section 7.4 No human being may be subjected to forced disappearance or secret detention for any cause or circumstance.

Section 7.5 No human being may be subjugated to servitude or slavery.  Slavery and human trafficking is prohibited.

Article 8. All persons have the right to the satisfaction of their basic needs.

Chapter II. Civil Rights

Article 1. All persons have the right to the freedom of thought, expression, and publication.  Censorship is forbidden.

Article 2. All persons have the right to the freedom of conscience, religion, and philosophy.

Section 2.1 No person may be forced to participate in a religious association, to attend religious teaching or to perform a religious act, nor be subjected to penalties of any sort because of his or her religious beliefs.

Section 2.2 No religion or religious practice may be established in law, and no public official shall enforce or enjoin the participation of others in religious practices, or prevent the exercise of religious freedom.

Section 2.3 All persons have the right to conscientious objection against armed service for religious or philosophical reasons.

Article 3. All persons have the right to the freedom of assembly in public spaces without the need for prior permission and without the presence of armed officers, and to engage in public celebrations, petitions, protests, demonstrations, strikes, civil disobedience, and all other public gatherings.

Article 4. All persons have the right to form, join, and leave associations.

Section 4.1 No association possesses the rights of natural persons, but only those rights as determined by law, and may be required to expose to the public their constitutions, practices, and expenses as determined by law.

Section 4.2 Associations may not disable the fundamental rights of its members or of other persons.

Article 5. All persons have the right to move freely and settle anywhere in the nation.

Section 5.1 All persons have the right to the use of public spaces and have the right to roam across undeveloped property of any kind.

Section 5.2 All persons have the right to leave and return to the nation freely.

Section 5.3 No citizen shall suffer banishment, expulsion, or exile; foreign nationals may not be deported to their country of origin without the due process of law.

Section 5.4 No person may be extradited without due process of law, nor extradited in the expectation that such extradition shall result in political persecution, the death penalty, torture, or other treatment that is evil in itself.

Section 5.5 No person may be denied entry to the nation on the basis of their expressed beliefs.

Section 5.6 All persons who have suffered political persecution shall be welcomed to the Nation.

Section 5.7 No person who has committed crimes against humanity shall be permitted to enter the nation.

Article 6. All persons have the right to privacy in their personal data, information, cognitions, anatomy, correspondence, and communications, and cannot be exposed to the public without the due process of law.

Article 7. All persons not serving as public officers have the right to the protection of their reputation against defamation, slander, libel, and misrepresentation.

Article 8. No person may be detained, apprehended, or deprived of their liberty, except as established by law, and by warrant issued upon demonstrable cause.

Section 8.1 The right of persons to be secure in their persons, houses, papers, personal communications, and effects against unreasonable seizures and searches may not be violated, but by warrant issued upon demonstrable cause.

Section 8.2 A warrant may not issue except on demonstrable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

Section 8.3 No general warrants, to search any suspected places, or to apprehend any suspected person, shall be granted.

Section 8.4 Public officers may not enter a residence of any kind without prior notification, and, in the absence of a warrant, prior permission, except upon hearing complaint issuing wherefrom, or if fire or natural disaster is currently affecting, or will imminently beset, the residence.

Section 8.5 Any person involved in executing a warrant must take all reasonable precautions to avoid injury to any person, destruction of evidence, and damage to property, and shall be held personally liable for any unnecessary injury, destruction, or damage that may occur, both civilly and criminally, for failure to exercise such precautions.

Section 8.6 Any person found in the flagrant commission of a crime can be apprehended by any person, without a warrant, to be brought before a court.

Article 9. No person may be arrested, detained, or deprived of liberty, except under the terms clearly provided for by law, and transported to, and held in, any place not designated by law as a place for public detention.

Section 9.1 Any person so deprived must be charged and presented for consideration by the relevant court within twenty-four hours, and has the right to communicate with his or her family, legal counsel, or any other person in whom he or she reposes trust, and such persons in turn have the right to be informed where the detained is being held, and to be notified immediately of the reasons for the arrest.

Section 9.2 All persons so deprived have the right to be told immediately of the reason for their detention and their rights clearly and in a language they can understand, and to recorded or publicly monitored interrogations.

Section 9.3 All persons so deprived have the right to safe, sanitary, and comfortable quarters during his or her detention, and shall be held apart from those who have been convicted.

Section 9.4 All those detained shall be bailable by sufficient sureties, unless for felonies, when the proof is evident, or presumption great, and if bail is granted, excessive bail may not be required.

Section 9.5 Juveniles shall be detained apart from adults, in conditions appropriate to the special protections due to youth.

Section 9.6 No person shall be tortured, abused, deprived, subject to force excessive to the need to be subdued, or otherwise be subjected to cruel, inhuman, or degrading treatment.

Article 10. All persons have the right to the due process of the law, to defense, and to justice that is prompt, appropriate, gratuitous, transparent, and without delays.

Section 10.1 No person may be punished for an act that has not been clearly identified by law as a criminal offense.

Section 10.2 No person may be punished for an act that did not constitute a criminal offence under the law before the act was committed.

Section 10.3 No person shall be put twice in jeopardy for the same offense.

Section 10.4 All persons have the right to a trial by jury.  No person may be convicted and subjected to criminal penalty that has not been previously heard and judged by an impartial jury of his or her peers.

Section 10.5 All persons have the right to the presumption of innocence until convicted in a court of law and, after conviction and sentencing shall continue to have access to resources that might prove his or her innocence.

Section 10.6 All persons have a right to hear the cause and nature of his or her accusation, to be confronted with the accusers and witnesses, and to call for evidence and witnesses in his or her favor.

Section 10.7 All persons have the right to competent and confidential legal defense and to have their defense heard.  All persons have the right to translation of court proceedings into the defendant’s native language where needed, and to assistance in the case of disability.

Section 10.8 No person shall be compelled to testify against him or herself.  Confessions of guilt shall not be admitted as evidence that is not supported by additional evidence.  No evidence may be admitted that has been extracted by torture, coercion, mistreatment, deception, or other wrongful act.

Section 10.9 Prosecutors and other public officials may not interpret, elaborate, or amend, nor create or manufacture, criminal law in the course of its application.  Plea bargaining is forbidden.

Article 11. All persons convicted of a crime have the right to humane and rehabilitative treatment.

Section 11.1 All penalties must be separately and explicitly proven as justified and necessary based on the facts accepted and the verdict given, and approved by the sentencing jury.

Section 11.2 No penalties may be added by the penal administration beyond what has been assigned by the court.

Section 11.3 All imprisoned persons shall have the right to communication and visitation with their relatives and legal counsel, and to adequate nutrition, healthcare, and education.  All imprisoned persons shall appear before the judiciary to declare on the treatment received during imprisonment.

Section 11.4 No person shall be subjected to solitary confinement.

Section 11.5 All persons shall be provided with resources needed to prove their innocence upon request, and those persons found to have been falsely convicted and sentenced have the right to release and compensation.

Article 12. All victims of crime shall be accorded fairness, dignity, and respect by the Public Power, and have the right to protection from further harm or reprisal through the imposition of appropriate bail and conditions of release, to address the court, to receive timely notification of relevant proceedings, to confer with the prosecution, and to restitution.

Chapter III. Political Rights

Article 1. The People, the body of whom shall consist of all Citizens of the nation, shall possess all sovereign power.  The execution of the will of the People is revocably delegated to the Public Power, consisting of the governments and public services of the Nation.

Article 2. All citizens have the right to political liberty, including the right:

Section 2.1 To vote in free and universal elections by secret ballot, publicly counted, and not to be disenfranchised for any reason;

Section 2.2 To stand for, and if elected, hold office, with the exceptions established by the Constitution;

Section 2.3 To participate in the political and public affairs of the nation, and to participate in the administration of the Public Power;

Section 2.4 To audit the activities of the Public Power, and any public entity or service;

Section 2.5 To recall public officials elected by universal suffrage;

Section 2.6 To organize, assemble, and associate for political purposes.

Article 3. The People possess the sole and inalienable competence to amend their Constitution by absolute majority.

Article 4. The Public Power shall promote equality with respect to the representation of women and men in public offices, and to guarantee the participation of historically disadvantaged communities.

Article 5. All public officials, including any official, officer, employee, or other agent of the Public Power, are the servants and trustees of the People, and are therefore subject to their suffrage.

Article 6. All persons have the right and duty to disobey and to resist orders contrary to law, or to disregard law that is contrary to the Constitution.

Section 6.1 All public officials, citizens, and other persons, have the duty to defy commands to violate the law, the Constitution, or the Declaration of Rights, and those who follow commands to violate such, shall be held equally as culpable as those issuing the commands.

Section 6.2 Any public officials found guilty of violating the law, the Constitution, or the Declaration of Rights by performing, commanding, or knowingly allowing violations to be committed by his or her subordinate officers, shall be sentenced to no less than life imprisonment without the possibility of parole, commutation, or pardon, and no rationale for committing such acts will be entertained to mitigate the sentence.

Chapter IV. Economic Rights

Article 1. All persons have the right to employment, which includes the right:

Section 1.1 To employment of their choice, with a wage or salary sufficient to maintain themselves and their families in dignity and comfort;

Section 1.2 To equal pay for equal work, equal treatment, and to paid leave from their work for cause of illness, family needs, and leisure;

Section 1.3 To safe and hygienic conditions at work, to be free from surveillance, and to be protected from arbitrary treatment and dismissal in their workplace;

Section 1.4 To form and join trade or labor unions and professional associations in defense of his or her rights and interests, independent of, and without interference by, employers or the Public Power;

Section 1.5 To strike, without interference from employers or the Public Power.

Article 2. All persons have the right to property.

Section 2.1 All persons have the right to their personal possessions and primary residence.  No person can be dispossessed unless required by the public interest.  In such a case, the public interest must be demonstrated in a court of law and full compensation provided.

Section 2.2 All other rights to private property are founded in law and thus subject to any and all taxation, regulation, and expropriation for public purposes.

Section 2.3 Public property is property that is owned by the People.  All persons have the right to the use of public property, in any manner that they see fit, insofar as the public property is not destroyed or wasted.

Section 2.4 All essential infrastructure shall be the inalienable property of the People, which includes all land, water, atmosphere, and natural resources, including all mineral and hydrocarbon resources; the electromagnetic spectrum; posts and telecommunications; roads, waterways, railroads, seaports, airports, air services, and spaceports; munitions, firearms, and defense production; the production of energy, and the distribution and transmission of electricity; banking, insurance, and finance; and civic infrastructure.

Section 2.5 The Public Power shall recognize other forms of property, including collective property, common property, and tribal property.

Article 3. All persons have the right to food and nutrition sufficient for good health.

Section 3.1 The Public Power shall guarantee the People a secure food supply, defined as the sufficient and stable availability of food and timely and uninterrupted access to the same for citizens.

Article 4. All persons have the right to free and equal access to the use of water.

Section 4.1 The Public Power shall guarantee the People a secure and sustainable supply of clean water, consistent with the needs of a sustainable natural environment and hydrological cycle.

Section 4.2 All water resources shall be the inalienable property of the People.

Article 5. All persons have the right to physical, sexual, and psychological health, medical care, medicine, and sanitation.

Section 5.1 The Public Power shall guarantee the People the permanent, timely and inclusive access to programs, actions and services promoting and providing complete and integral healthcare.

Article 6. All persons have the right to a safe, sanitary, and decent housing.  No person may be evicted from their residence unless other accommodations have been provided.

Article 7. All persons have the right to the use of the city, and its public spaces and services.

Article 8. All persons have the right to social security to guarantee protection in the case of maternity, paternity, illness, invalidity, catastrophic illness, disability, special needs, occupational risks, loss of employment, unemployment, old age, loss of parents or spouse, housing, burdens deriving from family life, and any other social welfare circumstances.

Article 9. All persons have the right to diverse goods and services of good quality, to truthful information, the protection of their health, safety, and interests, and to compensation or reparation for defects or damages.

Section 9.1 Persons or entities that provide public services or produce or market consumer goods shall be held liable both civilly and criminally for the inadequate provision of the services, for poor quality of the product or when its conditions are not consistent with the advertising that was made or with the description provided. Persons shall be held liable for any malpractice in the exercise of their profession, craft or trade, especially practices that endanger the integrity or life of persons.

Section 9.2 Users and consumers have the right to establish associations that promote information and education about their rights and that represent and defend them.

Article 10. All persons have the right to minimally decent standard of living, and the income necessary for same.

Chapter V. Social Rights

Article 1. All persons have the right to marry and have a family.

Article 2. Historically disadvantaged communities have the right:

Section 2.1 To be free from racism, discrimination, and intolerance;

Section 2.2 To recognition, reparation, and compensation for historical disadvantages.

Section 2.3 Indigenous communities have the right to the ownership and benefit of their ancestral lands, to their cultural identity, their practices, and their social organization insofar as such does not violate the Declaration of Rights.

Article 3. All vulnerable persons have the right to special consideration and attention for the real and effective exercise of their autonomy.

Section 3.1 All children, adolescents, and youth, to be considered those who are under the age of eighteen, shall have the right to all nutrition, health, education, care, and special protection needed for their full human development, growth, and maturity of their moral, intellectual, and physical capabilities in family, school, social, and community environments.  The exploitation of children, particularly in the form of child labor and commercial advertising directed at children, is prohibited.

Section 3.2 All pregnant women have the right to free integral healthcare during pregnancy, childbirth, and postpartum, and to not be discriminated against for their pregnancy.

Section 3.3 All elderly persons, to be considered those who are sixty years of age or older, shall have the right to retirement, to special protection against violence, to assistance in social and economic inclusion, to gratuitous health and medical services, and to other considerations appropriate to their needs.

Section 3.4 All disabled persons have the right to public assistance and services that would allow the real and effective exercise of their autonomy, to free integral healthcare for their rehabilitation and specific needs, to free psychological care, to special education for persons with intellectual disabilities, to protection from social exclusion, to access to alternative communication mechanisms, and to adequate access to all goods and services.

Section 3.5 All persons suffering from catastrophic illnesses have the right to specialized, timely, and preferential care free of charge.

Section 3.6 The Public Power shall provide protection to the vulnerable dependents of imprisoned persons.

Section 3.7 Vulnerable persons shall receive priority care in case of disasters, armed conflicts, or other emergency.

Chapter VI. Cultural Rights

Article 1. All persons have the right to free and equal access to education of all kinds and at all times in their lives.

Section 1.1 The Public Power shall establish equitable and inclusive institutions of education, for the free and full development of all persons, to encourage the development of science, knowledge, and innovation; respect for human rights, justice, and democracy; gender and racial equity; critical intellectual faculties, physical ability, and basic competencies and capabilities.

Section 1.2 All persons under the age of eighteen have the duty to attend elementary and secondary schools until completion.

Section 1.3 All persons have the right to participate in the administration of educational institutions.

Article 2. All persons have the right to enjoy the benefits of scientific and technical progress.

Section 2.1 All persons have the right to pursue scientific, intellectual, academic, technical, and all other knowledge and research without interference, to teach and publish research without censorship.

Section 2.2  All persons have the right to access scientific and academic research, data, and information without restriction.

Section 2.3 The Public Power shall promote the advancement of science and technology through the establishment of laboratories, research universities, and other institutions of research and development.

Section 2.4 The Public Power shall guarantee enforcement of the ethical and legal principles that are to govern research activities in science and technology, and the rights of persons and animals employed in research.  No person shall be subjected to medical or other scientific experimentation against their will or without their consent or knowledge.

Section 2.5 All persons have the right to participate in the administration of research institutions.

Article 3. All persons have the right to free and universal access to the production and consumption of diverse and inclusive media and information.

Section 3.1 Prior restraint by the Public Power is forbidden.

Section 3.2 The Public Power shall guarantee the freedom of the media, including editorial independence and the protection of the confidentiality of journalists, sources, and informants, and communications between the same.  The Public Power may regulate the media for content for civic, informative, and educational purposes.

Section 3.3 All persons have the right to the free creation of media and access, under equal conditions, to the use of the electromagnetic frequencies for the management of public, private, and community media and wireless networks.

Section 3.4 All persons have the right to access to public information that is truthful, accurate, timely, and without censorship, and the right to collect and disseminate public information.  The Public Power shall maintain a central registry of public documents for access by the People.

Section 3.5 All persons have the right to disclose unethical practices or violations of the public interest on the part of public officials or private employers, and the Public Power shall protect persons providing such disclosures from retribution.  All public officials have the right to communicate such disclosures to public representatives, and have the duty to disclose violations of the public interest.

Section 3.6 The Public Power shall not permit monopoly or oligopoly in the ownership of the media and the use of electromagnetic frequencies.

Section 3.7 The electromagnetic spectrum shall be the inalienable property of the People.

Article 4. All persons have the right to artistic expression, the enjoyment of the cultural heritage of the nation, and to leisure, recreation, and sport.

Chapter VII. Environmental Rights

Article 1. All persons, including those of future generations, have the right to a clean and sustainable natural environment free of pollution, hazardous wastes, and toxins.

Article 2. All persons have the right to use and benefit from the natural environment in a manner that preserves natural resources and heritage indefinitely.

Article 3. The Public Power has the duty to protect the environment from pollution, ensure the persistence of ecosystems indefinitely, protect and advance biodiversity, protect endangered species from extinction, and to preserve natural resources.

Article 4. The Public Power has the duty to establish precautions, restrictions, and regulations of human activities by law for the preservation of a clean and sustainable natural environment.

Article 5. The Public Power shall establish natural parks and reserves for wildlife, endangered species, and endangered ecosystems, both on land and in water.

Article 6. The Public Power has the duty to prevent climate change and other ecological catastrophe as far as it is able, or to mitigate its effects where it is not able to prevent change.

Article 7. The development, production, ownership, marketing, import, transport, storage and use of chemical, biological and nuclear weapons, highly toxic persistent organic pollutants, internationally prohibited agrochemicals, and experimental biological technologies and agents and genetically modified organisms that are harmful to human health or that jeopardize food sovereignty or ecosystems, as well as the introduction of nuclear residues and toxic waste into the country’s territory, are forbidden.

Article 8. The guardians and trustees of domesticated and livestock animals have the duty to keep such animals free from unnecessary pain and suffering.

Article 9. The natural resources and environment of the nation shall be the common heritage of the People in perpetuity.

Chapter VIII. Duties of the Citizens

Article 1. All Citizens of the nation have the following duties and obligations, without detriment to others provided for by the Constitution or the law:

Section 1.1 To abide by and enforce the Constitution and the law;

Section 1.2 To respect the rights of all human beings;

Section 1.3 To defend the territorial integrity of the nation, and to perform mandatory defense service;

Section 1.4 To provide all necessary assistance in natural disasters, national emergencies, and invasions;

Section 1.5 To defend and promote the natural resources and heritage of the nation, to preserve a healthy environment, and to use the fruits of nature sustainably and responsibly;

Section 1.6 To vote, and to participate in good faith in the civic, political, social, and community life of the nation;

Section 1.7 To maintain the public and common resources and assets of the nation, and to pay taxes for that purpose.