PDC: Bill of Rights Working Group

Working group report
This Working Group (WG) was established by the Policy Development Committee (PDC) on 23 January 2013.

Recommendation
The Bill of Rights working group recommends the inclusion of the following into a referendum.

Platform amendment
Australia is one of the few remaining western democracies who's citizens and residents lack any significant constitutionally declared rights. This lack of protection creates an imbalance of power between individuals and the state, and creates risks to privacy, free speech and individual choice. A Bill of Rights is increasingly overdue as a way to restore balance and provide unambiguous checks on the creeping intrusion of the state into private life.

We believe it is time for a referendum to alter the Australian Constitution to explicitly grant a bill of rights, codifying a basic set of human rights and freedoms[1].

Protecting rights and freedoms

The following rights and freedoms should only be construed as applying to natural persons as opposed to corporations or conglomerate entities. None of the following rights and freedoms should be construed as enabling the violation of other rights or freedoms. Where conflicting rights or freedoms are found to occur, the resolution should be based on the greater overall good.

We believe that the individual is the ultimate minority, and these rights are designed to protect the private lives and rights of individuals. Broader rights (which are often assigned on the basis of belonging to an identity group) are minimal, as these potentially impose subjectivity, conflict with other rights, and drive burdensome litigation. Rights and freedoms not mentioned here may be granted through other laws and, where not covered by law, are explicitly left to the people.

Rights and freedoms should be considered to apply collectively (thus, various combinations of rights exclude practices such as slavery).

Policy text
The Pirate Party will sponsor a referendum to introduce a Bill of Rights as a way to codify the following principles.


 * Life and Death
 * The right not to have your life taken from you.
 * Any application of the death penalty will be unconstitutional.
 * The right to end your own life should you explicitly, in right-mind and without coercion, choose to do so.
 * This protects euthanasia.
 * The right to control your body and health.


 * Thought and Belief
 * Freedom of thought, conscience and belief.
 * Includes freedom from compulsion to adhere to another's beliefs, and protection against imposition of such beliefs through law.


 * Communication and Expression
 * Freedom of speech, communication and the right to express your thoughts or beliefs.
 * This applies to all mediums of communication but does not guarantee that the medium will be provided, merely that access may not be removed by the state or other entities.
 * This specifically excludes laws such as 3-strikes blocking of Internet access for Copyright infringement.
 * This applies regardless of the purpose of communication.
 * By implication, there is no right to not be offended.
 * Exclusions:
 * Direct attempts to bring about the use of force against another person.
 * False statements of fact (slander, libel, false advertising).
 * Direct threats.


 * Fair Legal Process
 * Habeas corpus - the right for a person under arrest to be brought before a judge or into court.
 * Right to trial by a jury of your peers for criminal proceedings.
 * Right to legal representation.
 * Provision of lawyer for defence.
 * Self defence.
 * Right to not incriminate yourself.
 * Freedom from retro-active legislation.
 * Protection will apply to anyone found guilty of acts that were not crimes when committed.
 * Right to freely access and copy the laws that apply to you.
 * No prison for breach of contract.


 * Privacy
 * Privacy for homes, property and effects
 * No illegal search & seizure.
 * Covers any invasion of privacy not authorized by warrant and probable cause.
 * Privacy of Communication.
 * Does not apply to communication in open spaces with general public access or public forums.
 * Except secret recordings which are explicitly disallowed.
 * Protection from use of mass surveillance to single an individual out without cause.
 * This protection will apply independently of communications medium.


 * Liberty, Movement, Assembly and Association
 * The right to personal liberty.
 * Protection against arrest or detainment without cause or due process.
 * Freedom of movement.
 * Protection against forcible constraint of movement without cause or due process.
 * Freedom to peacefully assemble in public or private.
 * Freedom to associate with others.


 * Political Participation
 * Right to participate in civil and political life.
 * Applies to any permanent resident.
 * Includes right to run for any government office.
 * Includes right to join political parties or activist groups.
 * Includes right to vote.
 * Is not nullified by civil or criminal status.
 * The government shall not pass laws intended to limit participation.


 * Property
 * The right to own property and not have it unlawfully taken from you.
 * This right only extends to physical property where acquisition removes it from possession of another person.
 * Intellectual property will remain an issue for the legislature.


 * Non-Discrimination
 * The right for all taxpayers and citizens to be treated equally by the state.
 * Guarantees freedom from discrimination by government, based on any arbitrary or generalised condition,including gender, age, sexual orientation, race, religion, and political affiliation.