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Article 2: The Fundamental Rights, Liberties And Duties Of The People

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The adoption of European standards of human rights into the constitution; prohibition of discrimination; the rights and obligations of citizenship; the right to life and dignity; the right to free quality healthcare at the point of need; the right to free education up to secondary level and beyond on the basis of qualification.

Debate

Section 2.1. The European Convention on Human Rights that entered into force on the 3rd September 1953 is adopted in full as part of the Fundamental Law of Scotland. The European Convention on Human Rights enables the principles of the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on the 10th December 1948.

17 comments · 16 Aug 2020
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Section 2.2. All citizens are expected to uphold these rights. There will be no interference by a public authority with the exercise of these rights, except in the interests of national security or public safety, unless permitted in law.

11 comments · 16 Aug 2020
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Section 2.3. The rights and freedoms set forth in this Constitution are enjoyed without discrimination on grounds of age, sex, race, colour, disability, impairment, language, culture, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

16 comments · 16 Aug 2020
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Section 2.4. Freedom of expression through the media and electronic communication and public demonstrations is guaranteed, subject to the law.

10 comments · 16 Aug 2020
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Section 2.5. The right to life is protected. The death penalty is prohibited. People have the right to be in control of their own lives and following Independence the will of the people on such issues as the ending of life will be decided by referendums.

7 comments · 16 Aug 2020
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Section 2.6. All citizens have the right to liberty, other than by lawful arrest and detention.

4 comments · 16 Aug 2020
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Section 2.7. All citizens have the right to freedom of religion or none, provided it is practised within Scots law. .

7 comments · 16 Aug 2020
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Section 2.8. All citizens have the right to freedom of expression, within the law.

4 comments · 16 Aug 2020
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Section 2.9. All citizens have the right to freedom of information in relation to all public organisations and public bodies, as provided for under data protection legislation.

1 comment · 16 Aug 2020
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Section 2.10. All citizens have the right to peaceful assembly. This right may be restricted in accordance with procedures determined by law for the purpose of national security, and the safety of individuals and property.

5 comments · 16 Aug 2020
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Section 2.11. All citizens have the right to free, quality healthcare at the point of need, subject to available resources.

13 comments · 16 Aug 2020
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Section 2.12. All citizens have the right to privacy with regard to electronic and written communication dealing with private and family life, other than is necessary and reasonable in a democratic society to prevent abuse of this right.

5 comments · 16 Aug 2020
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Section 2.13. All citizens have the right to use reasonable force to defend self and family under threat of violence. Reasonable force defined as up to and inflicting bodily harm on the antagonist, short of death.

13 comments · 16 Aug 2020
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Section 2.14. All citizens have the right to be secure against search, seizure or forced entry, other than in accordance with a warrant issued by a magistrate or sheriff on evidence or in accordance with police powers to respond to protect someone in immediate danger.

5 comments · 16 Aug 2020
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Section 2.15. All citizens have the right to be free from, and protected from, torture or inhuman or degrading treatment or punishment. No person will be held in slavery and all forms of forced labour are prohibited, but work incidental to the serving of a sentence of imprisonment imposed by a court of law will not be taken to be forced labour within the meaning of this Article.

2 comments · 16 Aug 2020
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Section 2.16. All citizens have the right to be treated with dignity, and to participate in society as full and equal members, and to have barriers to such participation removed.

3 comments · 16 Aug 2020
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Section 2.17. All citizens have the right to enter and to remain in Scotland, and to leave the country unless subject to a court order.

2 comments · 16 Aug 2020
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Section 2.18. All citizens have the right to an adequate and free basic education. The education provided will enable development of the individual’s abilities and needs, and promote respect for democracy, the rule of law and human rights. The authorities of the state will ensure access to upper secondary education and equal opportunities for higher education for all citizens on the basis of qualifications.

2 comments · 16 Aug 2020
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Section 2.19. All citizens are equal before the law and have the right to equal benefit of the law.

5 comments · 16 Aug 2020
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Section 2.20. All children will be guaranteed by law the protection and the care that their well-being requires; the best interests of the child will always take precedence when decisions are made regarding a child’s affairs.

1 comment · 16 Aug 2020
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Section 2.21. Everyone arrested or detained has the right to be informed of the reasons, and to be informed of their right to retain and instruct counsel. They have the right to have the validity of their detention determined by habeas corpus, being a writ requiring persons to be brought into court for a judge to decide whether their detention is lawful or not.

7 comments · 16 Aug 2020
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Section 2.22. Any person charged with an offence has the right to be informed of the particulars of the alleged offence, to be tried within a stated lapse of time and to be presumed innocent unless proven guilty.

3 comments · 16 Aug 2020
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Section 2.23. Scots, English, Doric and Scots Gaelic are the languages of Scotland. Notwithstanding, all documentation of a legal nature, and concerning the actions or deeds of the Scottish Parliament and Justice System, will be recorded in the English language, which will have precedence over any other written translations.

16 comments · 16 Aug 2020
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Section 2.24. Every person will have a pension adequate for their well-being and dignity.

6 comments · 16 Aug 2020
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Section 2.25. All citizens and legal residents not in detention will be required to serve on juries, with reasons for exceptions to be set in law.

3 comments · 16 Aug 2020

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