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Legal Reform 2020 - Public Consultation pt 2

Public Consultation Pt 2  

6 members have voted

  1. 1. Are you in favour or oppose of the proposed changes?

    • Yes
      6
    • No - Let us know why below
      0
    • Indifferent - Is there something else you would've expected?
      0


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Legal Reform 2020 - Public Consultation (Phase 2) - Civil Rights

Published: FEBRUARY 10, 2020 1:50AM

 

Contents
1. Follow up from Part 1
2. Phase 2 Proposal - Civil Rights
3. The Public Consultation

 

Follow up from Part 1

In Part 1, the Commission asked two questions:

"Should we raise the 60kph speed limit to 80kph?" and "Are you in favour or oppose of the proposed changes?"

Out of the small representative pool of citizens who participated, the majority were in favour of raising the speed limit and of the proposed legal changes to criminal laws.

 

Phase 2 Proposal - Civil Rights

Maintaining and protecting civil rights/human rights is recognised by the Commission as the most important legislative function of the Government. Civil rights, along with the law enforcement rights have been the most heavily debated topics within the Commission during the reform.

The Commission recognises a few fundamental principles that were not explicit and clearly set out in the original Civil Rights Act. This often resulted in cases where these implied rights were not observed or protected by law enforcement agencies when processing suspects. To no fault of the law enforcement authorities, they were merely carrying out the legal minimum as set out by the laws, and in some cases, they were often more generous than the law provides.

On the 10th Februray, the Commission had finalised a draft for the amended Civil Rights Act 2018, which can be linked below:

Civil Rights Amendments

The proposed draft explicitly recognises and provides protection towards an individual's fundamental rights, and sets out their judicial rights when being processed by law enforcement agencies, or while being trialed by a court or a tribunal.

The following rights are protected:

1. Right to Life - Free from arbitrarily deprived of life, free from torture or treated or punished in a cruel, inhuman or degrading way
2. Privacy and Reputation - Protected from being interfered unlawfully, or from defamation
3. Freedom of Movement - The right to lawfully move within Los Santos or enter and leave it and the freedom to choose where to live
4. Freedom from Forced Work - The right from slavery or servitude, with some limitations
5. Freedom of thought, conscience, religion and belief
6. Freedom of Expression - With limitations to respect the rights of others and for the protection of national security, public order, health and morality
7. Peaceful Assembly and Freedom of Association
8. Right to Property - Protected from unlawfully deprived of one's property
9. Right to Liberty and Security of Person - Free from arbitrary arrest and detention, right to exercise civil liberties unless deprived lawfully, right to be presumed innocent until proven guilty, judicial rights while being arrested and detained, right to appeal and free from double jeopardy.
10. Right to a Fair Hearing - And the transparency of having the proceeding outcome made public
11. Laws do not apply retrospectively
12. Freedom of Information - with limitations

The Act also has provisions concerning:

1. Obligations of Public Authorities - Government, LSES, LSPD, AFP, RMS and other government agencies
2. Legal Proceedings - Remedies on breach of civil rights
3. Legal Intervention - By Secretary of Justice, a court of Los Santos or the Governor to interpret a law, or to respond to a question of law related to the application of the laws of the State.

 

The Public Consultation

WIth this, the foundation of our legal framework is complete. Before closing, you're once again requested to let us know below what you think about the proposed changes

 

 

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