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1. Constitution of Librademia
The Librademian Constitution is used as the founding and default constitution for
FUSTO and is used as the model for the ideal constitution, it is the document in which are
defined the rights that are guaranteed to all sovereigns who accept and define their
rights according to it's precepts, it is the living contract which is a part of the lives
of all people who claim it, respect it and live by it, whether they are Librademian
civilzens or not. Therefore in absence of any alternate constitution, persons who are
Treaty members are fully protected under those rights which are defined in the Librademian
constitution. Of course, an individual may define one's right for one's self and choose to
write a constitution or live under any constitution one wants. Any individual who claims
this Constitution is protected by it's laws and no other authority may deny their rights
as defined by the Librademian Constitution. If a person has elected civilzenship in
another government, then that person may either claim dual civilzenship or if there are
conflicts between the two constitutions and governments, then the person may have to
renounce one civilzenship first to claim the other.
Incorporation of Other Constitutions
Other constitutions that are created and accepted freely and respect individual
sovereignty are incorporated into this treaty (FSUTO-HRT) and are equal with the
Librademian constitution. Any person may claim any one of these constitutions and is
protected by it's precepts and laws.
And no other government may redefine a person's rights without that individual's explicit
consent.
2.
Sovereignty
The sovereign individual is by right free to live one's life and control
one's property, as long as one doesn't deny anyone else's right to the same freedom. The
sovereign individual may govern one's self or form or join any government of one's
choosing. All rights are summed up in one ultimate right; individual sovereignty, the
equal right of all individuals to be free to live their own lives and govern themselves
and define their rights in their own way and to protect and defend them by their own laws,
which all other sovereigns are bound to respect, as long as sovereign's governments and
laws are purely defensive and impose no intrusion or obligation on others or infringe upon
other's rights.
3. Political Rights
(A) A sovereign may waive one's rights or transfer one's authority to someone
else or an entity, whereby, the individual, without giving up one's sovereignty to control
one's destiny and choose one's government, may transfer the power to govern partially to a
common entity set up by other sovereigns to govern their interactions together. When an
individual voluntarily enters into such a government, the individual may alter, redefine,
waive or transfer certain rights over to that government, and so, any of the rights that
may be exercised naturally may be restricted by the government, with the sovereign
individual's consent,. If an individual has chosen to be a part of a government in which
one's rights are restrained, the individual being sovereign, does not give up one's
natural rights, which may be claimed at any time by giving up civilzenship in their chosen
government.
A sovereign individual does not give up one's right to renounce one's civilzenship
(citizenship) when one accepts it, therefore, a person may renounce one's chosen
government at any time and change one's government.
(B) Self-Government
The sovereign individual has the right to independent sovereign
self-government or, the right of an individual to join together with others to form or
join a government of one's choice.
4. Rights of Individuals
(A) Just as sovereignty consists of being free to govern one's self and choose to
inter into all associations, sovereignty is also the right to be free from the initiation
of violence that is imposed on one or frauds or deceptions which may lure the person into
making choices based on misrepresentation. A human being has the right not to be lured or
coerced into an environment and be persecuted or harassed against one's wishes.
Specifically, human rights consists of having one's life and body respected and not being
the victim of unprovoked violence, it is the respect for the sovereign choices of the
person, who's bound by one's word, it's the respect for a sovereign's property which may
only be acquired by another person or entity by voluntary exchange, it's respect for the
identity of the person, who should be free of persecution or harassment because of birth
or beliefs, it's the respect for a person's right to speak freely and communicate with
others and to associate and assemble, except when the sovereign has voluntarily waived any
of these rights, though waiving them only makes then dormant, a sovereign may not
permanently give up those rights, because they are natural rights which the sovereign may
claim at any time.
Member sovereigns concur that no human being will suffer any unprovoked, non-consensual,
non-defensive violence.
They agree that while the governments people choose to join may restrict speech,
association, assembly, the media, and may be based on a nationality or religion, that any
person who practices free speech, association, assembly, or a nationality or religion, or
any of the rights of human persons listed in the Librademian Constitution; without
actually victimizing anyone, but simply breaking their voluntary agreement to accept their
government's controls, shall not suffer violence at the hands of that government nor be
imprisoned for any of these things. That the person who exercises one's natural rights,
against their choice to waive or transfer the power to exercise those rights, will be
liable only or fines or contractual litigation claims and will not suffer incarceration
but will, if the sovereign so chooses, be free to renounce one's civilzenship and leave
that government without that government using force to stop the sovereign from doing so.
Member sovereign persons, entities and governments agree that they will not persecute or
harass any human being because of characteristics of birth or beliefs, with behavior which
is against that person's expressed wishes not to have that behavior imposed on one that
the person considers to be persecution or harassment, and if the government does not
consider such behavior to be persecution or harassment, that the sovereign may have the
right to protect one's self from such offensive behavior or the person may renounce one's
associations in such a government or social arrangement.
Members agree that no human being will be denied the right to acquire food, water,
protective shelter or medical care that either the person may provide for one's self or
accept it from those who will give it. And, that no prisoner will be denied these life
sustaining necessities, while in custody.
(B) Family
Member governments accept the fact, that since children are entitled to
a family and children's entitlements are dependant on the family, no government,
organization or persons within that jurisdiction will enact any law or policy that
violates the integrity and rights of the family in relation to children; according to the
Librademian Constitution Chapter 3, Article 3; Clauses (A),
(B), (C), & (E).
Matrimony, Personal Unions and Relationships
Members recognize the rights of persons to form personal unions by their own
definitions and have them accepted by public society and also they recognize the
entitlement to have personal unions copyrighted or trademarked within consensually
organized social spaces and associations in order to protect the integrity of the social
recognition and to avoid misrepresentation or fraud involving misunderstood personal
unions.
(C) The Right to be Natural Human Beings
(aa) Normal human being to take a strong stand against all forms of
discrimination against femininity, masculinity and the family. It is time we articulate
this stand in words that clearly define exactly what our sex rights and family rights are.
(bb) All human beings are either male of female, therefor, it follows as a self-evident
fact, that men have the right to be men and women have the right to be women, that males
have the right to be masculine and females have the right to be feminine. Masculinity is
expressed as the biologically based, socially developed characteristics that are
appropriate for males, and femininity is expressed as the biologically based, socially
developed characteristics that are appropriate for females. It is fundamental, then, that
humans have the right to express themselves and their roles as males and females
individually and toward each other without interference, as long as such behavior does not
infringe on the freedom of another individuals to be what they want. Therefore, no
person shall be denied their Human and/or Civil Rights on account of a natural sex
identity, expression or roles.
(cc) Members recognize the right of males and females to live by their
own natural sex roles and that while persons may choose governments that prescribe certain
social roles for their civilzens to follow, because adult's familial and sex roles affect
their relationship with children, children have a right to seek natural familial
relationships.
(D) The Right To Sexual Expression
Given that each individual has the right to express gender roles, it then follows that
each individual has the right to express their sexuality within a gender role. No
individual shall be denied their Human and/or Civil Rights for expressing a gender role
through private sexual acts between consenting adults in any manner that does not infringe
upon the freedom of another individual.
(E) Females
(aa) Members recognize the right of mothers, sisters and other women to
relate in feminine ways to members of
the family, to children and to persons with whom they are involved in personal
relationships and no government, entity or person will enact any law or policy or in any
way restrict or interfere with this expression in relation to children; despite the choice
of adults to waive or alter their personal rights to participate in certain social
associations.
(bb) Pregnancy
A female has sovereignty over her own body and a responsibility to
protect the life of her unborn child. The unborn child also is a human being has a
sovereign right to life, but since the female's body and the life of the fetus are both
tied together and any choice to carry through with the pregnancy and give birth places
some risk to the mother, the mother may choose the option of abortion only if carrying
through with the pregnancy and giving birth or prematurely inducing birth can be shown to
clearly place a greater risk to the mother's life than an abortion and she expressly
states under oath that the is afraid to go through with the pregnancy and wishes to abort
to protect her own life.
(F) Males
Members recognize the right of fathers, brothers and other men to relate
in masculine ways to members of the
family, to children and to persons with whom they are involved in personal relationships
and no government, entity or person will enact any law or policy or in any way restrict or
interfere with this expression in relation to children; despite the choice of adults to
waive or alter their personal rights to participate in certain social associations.
(G) Children
(aa) Rights - Members recognize the rights of children as those
defined in the Librademian Constitution
Chapter 3, Article 10, Clause (A).
(bb) Entitlements - Children are entitled to those provisions listed in the
Librademian Constitution Chapter 3, Article 10, Clause (B). If The child's
parents fail to provide them and the child's supreme or civil government fails to see that
the child is provided for, then FSUTO authorities must step in and assign the
responsibility to some person or organization to provide those entitlements to the child.
(cc) Boy's and girl's rights must not be restricted and where a person has reason to believe that a child's rights are being violated in a way that may be subtle, such as; in the case of family members creating an environment that is hostile to the child's sexual identity or family members actively trying to pervert the natural sex identity behavior of the child. A law suit may be filed allowing child welfare authorities to conduct tests to determine child's natural and preferred behavior.
(dd) Children's civilzenship will be temporary and provisional under an
implied contract with their parents. This citizenship may be confirmed or denied at the
age of 18 when a person may choose one's full civilzenship. If the person rejects one's
childhood civilzenship then that person will not be under any obligations that either the
child or the parents may have put on the child during the child's provisional
civilzenship. However, the parents are still responsible for any obligations or debts they
accept in the name of the child and these may not be passed on to the child unless the
child, when reaching adulthood accepts the civilzenship, if the child later chooses a
different civilzenship and refuses to meet any debts incurred under the old government
then those debts will be the obligation of the parents and not the former child.
No abuse coercion or withholding of entitlements by the parents may be used to pressure a
child to choose a particular government civilzenship, nationality or religion.
(ee) Child Runaways
In the treaty organization, children who run away are not to be considered criminals, but
may be caught and brought back by the government of jurisdiction or returned through
extradition procedures, because the child has a implied contract to stay with the parents.
Governments may provide refuge to a child if there is suspicion of abuse or neglect, but
they may not prevent access to the child by the parents or legal guardian in the absence
of any reasonable suspicion of abuse or neglect. If a government who is providing refuge
to a child wants to process the child's case, they will have to file the case in the Joint
Governmental Treaty Org. Courts who have the jurisdiction to process the child's case and
render a judgement.
(ff) A Child
Attaining the Rights of an Adult
A child may activate one's full rights at any time by establishing the
capacity of self-government and the ability to provide for oneself and the authority to
take full responsibility for one's actions. Children have a right to independence
from one's parents at an age when the child activates one's rights in the absence of a
recognized filial contract or the breaking of
that contract by the parents/guardian. This includes the right of the child to separate
oneself from the parents by the child moving out on one's own or choosing new
parents\guardians.
The child has a right to activate one's full rights by demonstrating the capacity to fully
understand right from wrong and accept the consequences of one's decisions and be capable
of providing for oneself and taking responsible care of oneself and behaving in a mature
and responsible way that respects the rights of others.
A child wishing to activate one's full adult rights may prove one's understanding,
responsibility and establish one's independence by the child proving one's full maturity
in a hearing before a Joint Jury, in which the jury will judge the case and if they decide
in favor of the child, then the child will legally be considered an adult with the same
full rights of an adult.
The exception to this is, if the child has at a prior time voluntarily made a legal choice
to remain under the custody of the child's parents or legal guardian either explicitly or
by implied filial contract. An implied
contract for a child is when the child accepts one's parents and accepts the parent's
authority over the child or the child accepts the parent's homes and what is provided to
the child in a way that the child has confirmed by the acceptance of these things that the
child will remain under the parent's or guardian's custody until the age 18 years.
The above clause for activation of a child's full rights is only possible in three ways;
(aa) the child has never accepted the parent's or guardian's custodial claims and child's
home and provisions were imposed on the child against the child's wishes or, (bb) the
child's parents or guardian has abused the child, thereby giving up their rightful
custodial claims on the child and the child refuses to accept any other custodial claims
by any other person and their is no implied contract with a government that will insure
that the child receives care by another parent?guardian, or; (cc) the child is an orphan
or has been abandoned and has no implied contract with a government and refuses to accept
any custodial claims by any other person. The child simply refusing all claims of custody
is not claiming or activating adult rights, in order for the child to activate one's adult
rights, the child must prove one's maturity and responsibility. (dd) The child is an alien
who does not live under a recognized filial contract and member governments are not able
to place the child under the custody of other parents or a guardian and the child
demonstrates the responsibility and capacity to live independently.
For any child who has accepted the love and recognition of one's parents or guardian and
has accepted their home, guidance and authority and if the child's parents or guardians
never abuse or abandoned the child, then the child may not sue or demand activation of
one's rights until the age of consent under the law of the parents' government, without
the full consent of the parents/guardian and the government of which the child is a
civilzen because the child has already accepted the parents/guardians custodial authority
by voluntary choice.
5. Freedom of Speech - Protest and Redress of Grievances
While an individual may choose to join a government that restricts speech, the
sovereign has at all times the right to protest or to speak out against any fraud or
injustice committed by that government or any activity or precept of FSUTO or member
governments, which agree to allow their civilzens, to reasonably protest the
policies or their government, then to seek a redress of grievances from FSUTO or another
government or civil institution for support and protection. And the member governments
agree not to punish or persecute person who do protest their government or seek a
redress of grievances.
6. Freedom of Nationality and Religion
Member governments agree that the choice of one's nationality and religion is
strictly up to the individual and the each person shall have the right to chose one's
nationality and religion.
That if the government or civil authority is based on a particular nationality or
religion, that all persons who join it, do so by their free voluntary choice and may
renounce it at any time.
7. Freedom of Travel
Member governments agree that no person, who is not under suspicion of a crime or
is on trial or has been convicted of a crime, has the right to travel and to leave the
jurisdiction under which they live without restriction.
8. Right to Private Property
The sovereign individual brings with one, one's own private property when one
joins a government or nationality; and unless the sovereign voluntarily signs a contract
agreeing to give one's property over to another authority for a specified period of time,
for the rest of one's life or permanently, the sovereign is free to leave that government
and govern one's self or join another government, taking with one everything that one owns
or has brought into the government, excepting those voluntarily accepted obligations or
debts or restitution owed for crimes, and maintaining ownership of one's land and other
fixed property which will immediately become independent of that government which must
vacate any claims of jurisdiction on that property.
That a person has sovereignty over one's private property and chooses to join a government
or nation and by doing so accepts that government's jurisdiction over one's property, but
if that person should choose to renounce one's civilzenship, then the government may not
confiscate the sovereign's property or force the owner to leave to go to another
jurisdiction, the individual is sovereign over one's own property, and as the individual
freely accepts the government, the individual may, when renouncing that government, remove
any claim or jurisdiction of that authority over one's private property.
9. Entitlement to Justice
If a person is denied justice in the jurisdiction one has chosen or has been
visiting, then that person may appeal to any other government's justice system. Member
governments agree to allow any person whom they have in custody or incarcerated to file a
writ of habeas
corpus with any other member government. If any other government should agree to hear
the appeal and the original government of jurisdiction objects to the appeal, then the
appeal must be taken to the FSUTO-IGT Joint
Court of Appeals. If no other government's Appeals Courts agrees to hear the appeal
then the case may be taken to the Joint Appeals Court.
Renouncing one's civilzenship and claiming different civilzenship does not allow one to escape from criminal investigation, prosecution or punishment or from any liability or debt incurred in one's old civilzenship jurisdiction.
10. Asylum for Refugees
If the sovereign individual believes that one's chosen government or any other
person or entity has violated one's rights, then that person has the right to appeal to
the FSUTO for support and help in seeking justice or if necessary to give asylum to anyone
fleeing from injustice and such a person can expect and is entitled to be protected and
defended by the FSUTO Joint Security Forces.
All persons who flee from injustice are to be guaranteed asylum and protection by all
member governments of FSUTO, if they are capable physically and financially in doing this
or at least they agree to give asylum until a larger government is able to provide
protection.
treaty members agree to either provide the necessary food, shelter and medical care to the
refugee or to refer the refugee to someone within FSUTO who will provide these things.
The Human Rights Treaty will be managed and administered directly by the FSUTO Joint-Government.
by Gregory Flanagan
Copyright © 1999 (4999) The Libertocracy© Association, FSUTO© and Gregory Flanagan. All rights reserved.