Fundamental Rights Charter

ESTABLISHED by Constitutional Order of the Koru of the Hokorian State under the Constitution of the Hokorian State.

Part I- Purpose and Status

Section 1- Purpose of this Charter

1. This Charter recognises the fundamental rights previously provided for under the Constitution of the Hokorian State.
2. These rights are preserved to maintain human dignity, legal certainty and social order.
3. This Charter consolidates and restates those rights within the current constitutional framework.

Section 2- Constitutional Status

1. This Charter has constitutional force.
2. This Charter has effect only for so long as it is established by Constitutional Order.
3. This Charter prevails over any statute or regulation to the extent of inconsistency.
4. This Charter is subject to the Sovereignty and Koru Charter.

Part II- General Principles

Section 3- Nature of Fundamental Rights

1. Fundamental rights are recognised and protected by the State.
2. Fundamental rights do not exist outside law.
3. No right shall be interpreted as absolute unless expressly stated.

Section 4- Limitation of Rights

1. Any fundamental right may be limited where authorised by:
2. statute;
3. regulation made under statute; or
4. Constitutional Order.
5. A limitation must pursue a legitimate purpose including security, public order, administration of justice or continuity of the State.
6. Limitations shall not exceed what is reasonably necessary.

Section 5- Suspension of Rights

1. Any fundamental right may be suspended in whole or in part by Constitutional Order.
2. Suspension shall have effect according to its terms.
3. Actions lawfully taken during suspension remain valid.

Part III- Equality and Dignity

Section 6- Equality Before the Law

1. Every legal person shall be equal before the law.
2. No person shall be discriminated against except where differential treatment is authorised by law.
3. Differential treatment may be justified by administrative necessity or public interest.

Section 7- Human Dignity and Integrity

1. Every legal person shall be recognised as having dignity and personal integrity.
2. No person shall be subjected to treatment that wholly negates human dignity except where authorised by law.

Part IV- Life, Liberty and Security

Section 8- Right to Life

1. Every legal person has the right to life.
2. No person shall be deprived of life except where authorised by law.

Section 9- Liberty and Security of Person

1. No person shall be deprived of liberty except where authorised by law.
2. Detention, restriction or supervision may be imposed in accordance with law.

Part V- Movement, Privacy and Expression

Section 10- Freedom of Movement

1. Legal persons may move freely within the State where permitted by law.
2. Entry to, exit from or movement within the State may be restricted by law.

Section 11- Privacy

1. Legal persons shall have their private life, home and communications respected.
2. Interference with privacy is permitted where authorised by law.

Section 12- Expression and Assembly

1. Legal persons may hold and express opinions.
2. Assembly and association may occur where permitted by law.
3. Expression and assembly may be limited for reasons including security, order or dignity of the State.

Part VI- Belief, Information and Participation

Section 13- Belief and Conscience

1. Legal persons may hold beliefs and convictions.
2. Belief may be manifested or restricted only as authorised by law.

Section 14- Information

1. Legal persons may access information and communications where permitted by law.
2. Access to information held by the State may be restricted for reasons including security or public order.

Section 15- Participation

1. No person has an inherent right to participate in governance.
2. Participation exists only where provided by law.

Part VII- Property, Work and Welfare

Section 16- Property

1. Legal persons may own property where recognised by law.
2. Property may be regulated, restricted or taken where authorised by law.

Section 17- Work and Commercial Activity

1. Legal persons may engage in work and commercial activity where permitted by law.
2. Such activity may be regulated or restricted in the public interest.

Section 18- Health and Basic Needs

1. Legal persons may access healthcare and basic necessities where provided by law.
2. Provision and prioritisation of resources shall be as determined by law.

Section 19- Education

1. Legal persons may access education where provided by law.
2. Education may be regulated or restricted by law.

Part VIII- Justice

Section 20- Legal Process

1. No person shall be punished except in accordance with law.
2. No person shall be punished for an act that was not unlawful at the time it was committed.

Section 21- Access to Justice

1. Access to courts or other justice mechanisms exists only where recognised by law.
2. No right of appeal exists unless expressly provided.

Part IX- Interpretation and Final Provisions

Section 22- Interpretation

1. This Charter shall be interpreted to preserve order, continuity and effective governance.
2. No provision shall be interpreted so as to require institutions that cannot be sustained.

Section 23- Relationship to Other Charters

1. This Charter operates alongside the Civil Status and Protections Charter.
2. Where inconsistency arises, the instrument higher in the constitutional hierarchy shall prevail.