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Proposed Amendment S104.13 [Accepted & Made 17.03.2019]

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    SC_Admin
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    Before

    Section B: Fundamental Individual Liberties: The Scottish government shall pass no law infringing upon the following liberties, and shall structure the CSL and corresponding Scottish State institutions to guarantee the following:

    § 1. The freedom of speech, writing, publication, and of the expression of opinion with narrowly prescribed exceptions for demonstrably injurious discourse.

    § 2. The freedom of thought, of conscience, and of religious practice; including to not believe or participate in any religion.

    § 3. Autonomy of all persons over their bodies; including reproductive rights, the medical termination of pregnancy, and voluntary euthanasia as prescribed by the CSL.

    § 4. All human beings have the right to marry and to found a family in accordance with their beliefs and sexual orientation.

    § 5. All human beings have the right to peacefully assemble and form associations for any lawful purpose.:

    § 6. No law shall abridge the right of every person to freely form a union in their place of work, collectively bargain with their employer, to strike without state opposition, and the CSL shall penalize any infringement of this right. Every person has the right to conditions of work which are fair, healthy, and which respect the dignity of the person. A living wage shall be established by the CSL, to assure that no person working full time will live in poverty, which shall be continuously adjusted according to economic criteria established in the CSL.

    § 7. The right to privacy in his or her personal affairs, family life, home, and correspondence. Consistent with technological advancement, provision shall be made in the CSL to safeguard personal data and information, and preserve privacy and security in communications and transactions conducted through electronic media.

    § 8. The right to hold private property, and to the peaceful enjoyment of his or her property. Nothing in this clause shall invalidate any tax, duty or custom levied in accordance with the CSL, or an environmental regulation imposed on the development or use of land or natural resources.

    § 9. The right to a healthful environment, including clean air and water and a climate hospitable to life and supportive of agriculture. Provision shall be made in the CSL for the protection of the environment and for restrictions on the development of land and natural resources in furtherance of this clause

    § 10. Every person shall have access to governmental information, and the state shall exercise transparency in all functions, except as determined necessary by the CSL to protect the privacy of citizens and the security of the state.

    § 11. Every person shall have the right to physical safety. All arms and weapons for those who are not on-duty police and military personnel are banned, with very limited exceptions granted for single-shot hunting rifles to be regularly licensed and stored according to the CSL.

    § 12. The CSL shall not criminalize drug and alcohol use and/or possession by individuals, which shall be treated uniquely within the sphere of public health.

    After

    Section B: Fundamental Individual Liberties: The Scottish government shall pass no law infringing upon the following liberties, and shall structure the CSL and corresponding Scottish State institutions to guarantee the following:

    § 1. The freedom of speech, writing, publication, and of the expression of opinion with narrowly prescribed exceptions for demonstrably injurious discourse.

    § 2. The freedom of thought, of conscience, and of religious practice; including to not believe or participate in any religion.

    § 3. Autonomy of all persons over their bodies; including reproductive rights, the medical termination of pregnancy, and voluntary euthanasia as prescribed by the CSL.

    § 4. All human beings have the right to marry and to found a family in accordance with their beliefs and sexual orientation.

    § 5. All human beings have the right to peacefully assemble or not and form associations or not, for any lawful purpose. No precautionary measure shall be taken against this. 

    § 6. No law shall abridge the right of every person to freely form a union in their place of work, collectively bargain with their employer, to strike without state opposition, and the CSL shall penalize any infringement of this right. Every person has the right to conditions of work which are fair, healthy, and which respect the dignity of the person. A living wage shall be established by the CSL, to assure that no person working full time will live in poverty, which shall be continuously adjusted according to economic criteria established in the CSL.

    § 7. The right to privacy in his or her personal affairs, family life, home, and correspondence. Consistent with technological advancement, provision shall be made in the CSL to safeguard personal data and information, and preserve privacy and security in communications and transactions conducted through electronic media. No restrictions should be made other than by a formal law. These restrictions should respond to a compelling social need and be proportionate to the purpose.

    § 8. The right to hold private property, and to the peaceful enjoyment of his or her property. Nothing in this clause shall invalidate any tax, duty or custom levied in accordance with the CSL, or an environmental regulation imposed on the development or use of land or natural resources.

    § 9. The right to a government that takes actions to achieve a healthful environment, including clean air and water and a climate hospitable to life and supportive of agriculture. Provision shall be made in the CSL for the protection of the environment and for restrictions on the development of land and natural resources in furtherance of this clause

    § 10. Every person shall have access to governmental information, and the state shall exercise transparency in all functions, except as determined necessary by the CSL to protect the privacy of citizens and the security of the state.

    § 11. Every person shall have the right to physical safety. All arms and weapons for those who are not on-duty police and military personnel are banned, with very limited exceptions granted for single-shot hunting rifles to be regularly licensed and stored according to the CSL.

    § 12. The CSL shall not criminalize drug and alcohol use and/or possession by individuals, which shall be treated uniquely within the sphere of public health.

    Justification

    §5: I think the negative freedom to not assemble or form an associate should be protected just as much as the positive freedom. The Constitution should guarantee that no one can be forced to be a part of an association. Moreover i think no precautionary measure shall be taken against this. This is based on the idea that individuals should be free to chose which association they would want to be a part of.

    §7: In my opinion the law should be able to insert some restrictions in the interests of national security, the prevention of criminal offenses and the protection of rights of others.

    §9: I think that citizens have the right to a government that makes an effort to achieve a healthful environment in every possible way. But this matter not only concerns the state. Surrounding states also have an impact on the environment. That’s why I think this should be described as an effort commitment and not as a result commitment.

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