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DispatchFactbookLegislation

by Shavara. . 103 reads.

Constitution of the Republic of San Sierra (W.I.P.)

Constitution of the Republic of San Sierra.

Preamble
We, the representatives of the people of San Sierra,
gathered in Parliament by the will and election of the Provinces which compose it, in
fulfillment of pre-existing pacts, in order to form a national union, guarantee justice, secure
domestic peace, provide for the common defense, promote the general welfare and secure
the blessings of liberty to ourselves, to our posterity, and to all men of the world who wish
to dwell on San Sierran soil: invoking the protection of God, source of all reason and justice:
do ordain, decree, and establish this Constitution for the San Sierran Nation.

Long version:
Chapter I: Territory

Article I: Consisted territories.
San Sierran territory shall mainly consist of States and Federal Provinces
of Santa Defensa, Archada, Maravillón, Guardana, Coquito, Cónquis,
Santa Lucía, Hispavalles, Norieguz, Cielonova, Montañova,
Bravacém, Protectora, Vivatán, Nuevo Vivatán, Costiza, Gran Sagrado
and Algerstonia Occidental.

Article II: Federal Autonomy.
Each Federal Provinces of the San Sierran nation shall have their own
autonomous governments, constitutions, ministries, law enforcement
systems and defense forces and their own laws as long as they are under
Federal surveillance.

Article III: Rights of citizenship and persons.
There is only one citizenship in San Sierra, and the citizens or inhabitants
in each Federal Provinces shall be treated as natives, and shall have the
rights to become permanent residents, of carrying businesses, of filling public
offices, and may acquire all civil rights on the same conditions as those born in
said Federal Provinces, and shall also the same usage as regards civil prosecution
and the prosecution of the laws.

No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the Militia, when in actual service in time of
War or public danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use,
without just compensation.

All San Sierrans outside the nation and in other foreign countries shall have equal claims upon the protection of San Sierra.

Article IV: Rights to Emigration and Immigration.
San Sierran citizens, whenever they feel to leave the country, and regardless of
any race, color and gender, shall have the rights to emigrate and leave permanently
from the country, and shall not have rights stopped by the Federal Government.

Foreign and San Sierran citizens outside the country, regardless of any race, color
and gender, shall have the rights to immigrate and permanently enter the country
as long as they have the legal documents without anything expired:

    A. Passport
    B. Entry pass

Noting this article: Using stolen identity to leave or enter the country is
prohibited and anyone caught with the act shall face serious punishments.

Article V: Keeping stability and security.
Federal Provinces and any other territory of the Republic of San Sierra
shall not have the rights to declare war on each other or on a foreign country,
for declarations of wars on foreign nations are handled by the San Sierran Federal
Government.

Article VI:
W.I.P.

Chapter II: Human Rights

Article VII: Anti-Discrimination.
In the Republic of San Sierra, all individuals shall be entitled to the Human Rights
granted by this Constitution and the international treaties signed by the San Sierran State, as
well as to the guarantees for the protection of these rights. Such Human Rights shall not
be restricted or suspended, except for the cases and under the conditions established by
this Constitution itself.
The provisions relating to human rights shall be interpreted according to this Constitution
and the international treaties on the subject, working in favor of the broader protection of
people at all times.
All authorities, in their areas of competence, are obliged to promote, respect, protect and
guarantee Human Rights, in accordance with the principles of universality,
interdependence, indivisibility and progressiveness. As a consequence, the State must
prevent, investigate, penalize and rectify violations to Human Rights, according to the
law.
Slavery shall be forbidden in San Sierra. Every individual who is considered as a slave at a
foreign country shall be freed and protected under the law by just entering the country.
Any form of discrimination, based on ethnic or national origin, gender, age, disabilities,
social status, medical conditions, religion, opinions, sexual orientation, marital status, or
any other form, which violates the human dignity or seeks to annul or diminish the rights
and freedoms of the people, is prohibited.

Article VIII: Education
All people have the right of education. The State –Federation, States, Federal Provinces and
Municipalities– will provide preschool, elementary, middle and high education.
Preschool, elementary and middle educations are considered as basic education; these and
the high school education will be mandatory. All education that the State provides shall
be free of charge.
In addition to the State duties mentioned in the previous paragraph, the State shall behold
all the educational types and modes, including the preschool and professional educations
that are necessary for the development and progress of the Nation. The State shall
promote scientific and technological research and shall foster the diffusion of our culture.
The State will guarantee the quality in mandatory education, in a way that educational
material and methods, school organization, educational infrastructure and the suitability
of teachers and principals ensure the highest learning achievement of students. The
National Institute for the Evaluation of Education will be in charge of coordinating the
National System for the Evaluation of Education.
Education provided by the State shall develop harmoniously all human abilities and will
stimulate in pupils the love for the country, respect for Human Rights and the principles
of international solidarity, independence and justice. It will behold the following
provisions:
I. According to the Article 23 regarding the freedom of religion, the education
provided by the State shall be secular, therefore, state education shall be
maintained entirely apart from any religious doctrine.
II. The guiding principles for state education shall be based on scientific progress
and shall fight against ignorance and its effects, servitude, fanaticism and
prejudices.
Furthermore, state education shall:
a) Be democratic, understanding democracy not only as a legal structure
and political regime, but also as a way of life grounded on the continuous
economic, social and cultural development;
b) Be national, which means that, without hostility or exclusivism, state
education shall cover national problems and the utilization of our
resources, shall defend our political independence, assure our economic
independence, and preserve and develop our culture;
c) Contribute to a better human coexistence, in order to strengthen the
appreciation and respect for cultural diversity, human dignity, the integrity
of the family, the convictions over society’s general interest, the fraternity
and equality of rights of all, avoiding privileges based on race, religion,
group, sex or individuals, and
d) It shall be of quality, based on the constant progress and highest
academic achievement of the students;
III. To fully comply with the provisions established in the fifth paragraph and
under section II, the Federal Executive shall establish the syllabus for preschool,
elementary and secondary education, as well as for teacher training colleges, to be
applied throughout the country. To that end, the Federal Executive shall take into
account the opinion of the States’ and the Federal District’s governments, as well
as the opinions of civil society groups involved in education, teachers and parents,
in accordance with the law.
IV. The admission to teaching positions and the promotions to management and
supervisory positions in basic and medium education ran by the State shall be
granted through competitive contest that shall guarantee that the knowledge and
abilities are suitable for the teaching position. The statutory law will set the
criteria, terms and conditions of the mandatory evaluation for the admission,
promotion, acknowledgment and continuance in the professional service with full
respect to the constitutional rights of education workers. All admissions and
promotions not granted according to law shall be deemed null and void. The
provisions in this paragraph shall not be applicable to institutions referred to in
the last paragraph of this article;
V. Private entities may provide all kinds of education. In accordance with the law,
the State shall have powers to grant and cancel official accreditation to studies
done at private institutions. In the case of pre-school, elementary and secondary
education, as well as teacher training college, private schools must:
a) Provide education in accordance with the same purposes and criteria
established in fifth paragraph and section II, as well as to comply with the
syllabus mentioned in section III; and
b) Obtain a previous and explicit authorization from the authorities, under
the terms provided by the Law.
In order to unify and coordinate education throughout the country, the Congress of the
Union shall issue the necessary laws to allocate the social duty of education among the
Federation, the States and the Municipalities, and shall establish the pertinent budget and
the penalties applicable to those civil servants who fail to comply or enforce these
provisions, and to any other offender thereof.
Universities and other higher education institutions, upon which the law has conferred
autonomy, shall have both the powers and the duty to govern themselves. They must
subject themselves to the principles established in this article to educate, do research and
promote culture, respecting academic freedom, researching freedom, freedom to apply
exams and to discuss ideas. These institutions shall develop their academic plans and
programs; they shall establish the terms for admission, promotion and tenure of their
academic personnel; and they shall manage their estate. Labor relationships between
institution and academic and administrative personnel shall be governed by section A of
article 123 of this Constitution, in accordance with the terms of the National Labor Act
for a specially regulated work, without interfering with the autonomy, academic freedom,
research freedom and the goals of the institutions referred herein,

Article IX: Gender Equality.
Men and women are equal under the law. The law shall protect the organization and
development of the family.
Every person has the right to decide, in a free, responsible and informed manner, about
the number of children desired and the timing between each of them.
Any family has the right to enjoy a decent and respectable house. The law will set the
instruments and supports necessary to achieve such objective.
Boys and girls have the right to having their nutritional, health, educational and
recreational needs satisfied for their proper development. This principle should guide the
design, enforcement, following up and evaluation of the public policies focused on
childhood. The State, in all decisions it makes and all actions it carries out, will safeguard
and comply with the principle of doing what is in the best interest of children, thus
entirely guaranteeing their rights.
Ascendant relatives and guardians have the obligation of maintaining and demanding the
compliance of these rights and principles. The State will grant aid to individuals in order
to assist with the compliance of the rights of children.

Article X:
W.I.P.

Shavara

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