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    Law Interpretation: Safeguarding of Human Rights Act of 2014-15

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    Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Eurasia on Tue May 12, 2015 8:19 am

    Esamir Court of Justice
    Interpretation of the Safeguarding Human Rights Act of 2014




    Matter-At-Hand:

    Interpretation of Section II, Article I of the Safeguarding Human Rights Act of 2014-15 to determine the amount of persons who should make up the Esamir Human Rights Commission.




    Text of the Law:

    "Article 1 -- Establishment
    At the Commencement of this Act an international organisation shall be established called the, 'Human Rights Commission of Esamir' to be made up of one representative from a selection of nations to be renewed every three months. The organisation will be permitted to form other international organisations where appropriate."





    Procedure:

    The Court will hear general arguments on the matter from parties at this time.
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Kaevi on Tue May 12, 2015 2:26 pm

    I would like to begin by asking the Court to consider the powers of the positions themselves when defining the number of seats. The Human Rights Commission of Esamir (HRCE) has an interesting power in that it acts similarly to the Prosecutor-General within the confines of the law that created it. Given that the Prosecutor-General must already ensure that all laws are being followed and that there are only 13 civil rights listed in the law, one of the HRCE's two major functions can be seen as the work of a few. As of now, we see the HRCE as a body of three nations.

    However, I think the ideal solution would be an amendment to the original law passed through the General Assembly. I realize that elections will occur within the very near future and it appear awkward to possibly wait until the next election cycle, but I feel that this path would be more closely aligned with the spirit of the law. Perhaps the Court could call upon the General Assembly to figure out a solution by the next election.

    (OOC: Everyone is allowed to post here, right?)
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Eurasia on Wed May 13, 2015 2:00 am

    Is the Prosecutor General suggesting three seats for each section of the law? That is, one seat per section.
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Kaevi on Wed May 13, 2015 2:21 pm

    Europe and Asia wrote:Is the Prosecutor General suggesting three seats for each section of the law? That is, one seat per section.

    No, I apologize for the misunderstanding. I propose three seats for the whole Human Rights Commission.
    By the sections I meant that the law states in a later passage that the Commission must ensure that the rights in Section I of the law are followed. Specifically, it states:

    It shall be the duty of the Human Rights Commission of Esamir to monitor the nations of Esamir looking for breaches of the rights mentioned in Section 1 of the Act.


    (It later states the the CoJ must also perform a similar task, but that is a matter for another time I suppose...)
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Eurasia on Wed May 13, 2015 11:44 pm

    Would the commission have a presiding officer elected by these three seats or would it be an equal-member body, so to speak.
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Kaevi on Thu May 14, 2015 12:12 am

    Europe and Asia wrote:Would the commission have a presiding officer elected by these three seats or would it be an equal-member body, so to speak.

    Three members total with equal power. The Commission seems to have some ability to alter its operations, so I suppose the members could later choose one of the themselves to be the primary spokeperson if the need arises.
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Kaevi on Sat May 16, 2015 1:34 pm

    We rest our case here if the Court has no further questions for the Prosecutor-General.
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Eurasia on Sun May 17, 2015 11:55 pm

    If there are no objections, the Court will close arguments and confer amongst itself.
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    Re: Law Interpretation: Safeguarding of Human Rights Act of 2014-15

    Post by Eurasia on Wed May 20, 2015 9:17 am

    Conclusion:

    The Court has decided that the Esamir Human Rights Commission shall be made up of three seats of equal standing and shall not have a Chief Commissioner or something of the like.

    The seats shall be filled via special election after the General Election is over.

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