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Anti-Discrimination Act (2018)
It is hereby passed by the Supreme Parliament ofSection One: Definitions
[1] An Individual shall, for the purposes of this bill, be considered any person, citizen, resident, institution, church, charity or organisation, or non-citizen whilst inside the borders of N27.
[2] Discrimination shall be known as any action that is perpetrated against an individual, that directly causes harm or has a negative affect on said individual, because of that individuals' personal protected attribute.
[3] The N27 Body of Human Rights and Responsibilities (NBHRR) is the independent federal body charged with determining whether cases of discrimination are referred to the N27 Federal Justice Department for prosecution.
[4] Grievous shall be defined as a severe case of discrimination, as determined by both the presiding court Judge, and the NBHRR.
[5] Personal protected attributes are as follows:
- Race,
- Marital Status,
- Birth Status*,
- Gender,
- Sexual Orientation,
- Religion,
- Disability/Illness*,
- Parental Identity*
[6] Birth Status is whether or not a person/s are born in or out of traditionally defined wedlock, marriage, or other de-facto relationship.
[7] Except in rare cases where an individual's disability/illness specifically prevents them from undertaking a certain job, and there are no viable solutions around this unfortunate issue.
[8] Parental Identity is to prevent discrimination based on who an individual's parents are.
Section Two: NBHRR
[1] Any individual found to be participating in intentional discrimination of another individual shall be reviewed by the (NBHRR).
[2] If the NBHRR finds an individual guilty of committing a grievous act of discrimination, and has no pryor record, they shall be sentenced to a good behaviour bond for a period of 12 months.
[3] If, during the 12 month good behaviour bond, the individual does NOT commit another incident of discrimination, the record shall be wiped to ensure the ruling does not unduly follow them in the future for purposes of employment, securing housing or a loan etc.
[4] If, during the 12 month good behaviour bond, the individual DOES reoffend, hereby known as a 'second incident', the record shall be made permanent, as well as a fine incurred, ranging from 12 penalty units ($1200.00) to 5000 penalty units ($500,000.00).
[5] Any monetary penalty, or suchlike, shall be incurred based on the perpetrator's net worth, the severity of the crime, and should be within 10% of their annual net income, to prevent socioeconomic disparity.
[6] The NBHRR shall refer only the 'second incident' outside of the organisation. No first offence is to be made public by either the NBHRR or the victim. No details of good behaviour bonds, current or previous, shall be divulged, under penalty of monetary compensation to the wronged party at the value of 5 years' net income.
[7] The NBHRR shall refer the 'second incident' to the N27 Federal Justice Department, and also to the District Court in the victim's locality, unless the victim lives in another nation, in which case the court case shall be held at the District Court of N27.
[8] If an offender reoffends a third time, or any subsequent times thereof, they shall be held at the N27 Rehabilitation and Human Rights Centre in the capital city, for a period of 8 months to 24 months.
[9] If the crime is especially egregious, such as murder, kidnapping, rape, or other such heinous crimes as determined by the N27 Criminal Code (1992), the more serious crime, and thus more serious punishment, will take precedence, with an additional 1-4 years jail time or 50 penalty units ($50,000.00) added, whichever is more suited to the heinous crime punishment.
[10] Employees of the NBHRR found to be taking bribes or other inducements to sway independent review of petitions made to them, shall be immediately referred to the Federal Justice Department as well as the N27 Independent Corruption Commission, with the maximum penalty being a jail term of 5 years, as well as a substantial fiscal penalty, as determined by the Secretary of the Economy, based on the economy, GDP, and the guilty individual's own net income. The penalty is to be no less than 25% of the guilty individual's net income.
[10b] In the case of corruption, bribery or otherwise exerting pressure on the NBHRR or employees of the NBHRR, to influence cases being investigated, the briber shall receive double the sentence of the employee, or, if the employee did not allow themselves to be bribed, a minimum of 3 years jail time, a fiscal penalty of 50 penalty units, and have their name placed permanently on the discrimination register, in addition to the N27 Criminal Code (1992)'s penalty for corruption and bribery.
Section Three: Offences under the Act
[1] An offence of discrimination can include swearing at, bullying, harassing, harming, striking or otherwise assaulting verbally or physically, and individual, without provocation, for the purpose of one of their personal protected attributes.
[2] Diplomatic Immunity does not cover discrimination.
[2b] Diplomats however, cannot be remanded in custody in N27, and will instead by expelled from the country immediately, and declared persona non grata, once the 'second incident' has been proven by the NBHRR.
[3] Foreign Heads of State are immune to prosecution or penalty by the NBHRR to prevent needless warfare, however the State Department and War Department shall be responsible for following His Majesty's pleasure in determining consequences for crimes committed on N27 soil.
[4] N27 Cabinet Secretaries are not immune to prosecution, and are to be dealt with more harshly at a rate of 2.50x due to their proximity to determination and implementation of federal policy, which has a more widespread effect than an individual would normally have.
[5] N27 Royal Family members cannot be held in custody, but can be financially penalised for committing any crime against this act, at the rate of 2.75x the baseline financial penalty as defined by Section Two, Subsections 4, 9, 10 and 10b.