The Rights and Freedoms of the Wittenstein Collective
Put Forward by: Sharon Carter, Hank McCoy, Steve Rogers & Charles Xavier
The specimens of the Wittenstein Facility affirm their inalienable, indefeasible, and sovereign right to choose its own form of Government, and to develop their lives, political, economic and cultural, in accordance with their own genius.
Rights and Responsibilities of Citizens
It is the entitlement of every person brought to the Wittenstein Facility (heretofore "citizens") to be part of this collective. All members of the nation have the right to vote for their representatives and on amendments made to the constitution.
Section A. DECLARATION OF RIGHTS
Though it is difficult to promise rights in the absence of liberty, prison walls are not high enough to separate those behind them from their intrinsic human rights and dignity. We the people, comprising the citizens of the Wittgenstein Collective, do so defend the following rights and privileges to the fullest extent of our capabilities amongst one another and to the Scientists of the Wittgenstein Institute.
- Citizens shall endeavor at all times to protect the rights to live peacefully, safely, and independently as insofar as our situation allows.
- Citizens are to be granted freedom from discrimination, violence, or harassment based on genetics, age, disability status, religion race, gender, sexuality, timeline or universe of origin, or membership in any other identifiable demographic subgroup.
- Citizens are granted freedom of speech, religion, and communications without fear of official retaliation from the Wittgenstein Council, in particular regards to their right to freely complain and express their concerns about Experiment conditions. This does not extend to speech which violates another citizen's rights defined by Article 3, section 2.
- Citizens are granted the right to private property including the right to bear arms and should respect those same rights of others. This extends to a reasonable right to privacy in regards to their personal effects, particularly in shared accommodations.
- Outside of care provided by Wittgenstein, citizens should expect freedom from degrading conditions and should act together to assure the proper nutrition, medical care, and safety of all citizens such that they meet a certain universal, minimal standard of comfort regardless of the limitations of our experiment.
- Citizens retain the right to due process and representation in Squad disciplinary hearings.
- They are entitled to call upon their own witnesses and present evidence justifying or in their defense.
- They are entitled to know and face their accuser.
- Some citizens, by virtue of coming from further along in their timeline, or through some multidimensional form of fictional realism, may have knowledge of events yet to come for other citizens. We ascertain that citizens retain the right to learning about their futures on their own terms. Out of respect for this, citizens should refrain from telling others about future deaths, revelations of secrets, or catastrophic events unless directly asked. Simply put, this rule can be summarized as "No Spoilers."
Section B. OBLIGATIONS OF CITIZENSHIP
- Citizens are required to adhere to the spirit and the letter of Constitutional by-laws.
- Citizens must at all time hold the sanctity of life as a primary objective.
- In resource scarce scenarios or in the presence of asymmetric distribution of goods by Scientists, citizens are expected to work together as best as possible to aid in the survival of other citizens. This may take the form of shared resources, shelter, or protective used of skills. It is highly encouraged that this extends to sharing resources with new arrivals as well.
The Government & Self Governance
All citizens will be assigned to groups (henceforth "Squads" of at least five (5) members. These groups will be assigned by general consensus in the best interest of all members.
- Citizens will be approached for membership into a specific Squad within two (2) weeks of arrival.
- If a group total drops below five for an extended period of time for any reason, the group will be disbanded and the remaining members relocated to another group.
- These Squads will elect one (1) official to serve as a member of the Wittenstein Jury, and one (1) different member to serve on the Wittenstein Council. If the elected are no longer able to perform their duties they must be replaced within fourteen (14) days or the group will be appointed a replacement until such a time they can hold an election.
- Should one group become more than twice as large as the average of the remaining groups, it shall be granted an additional Council representative. Additionally, should groups include more than fifteen (15) members, a second Council representative will be elected. After a minimum of three experiments or 4 months (whichever arrives first) any member of the Collective may choose to transfer squads. Such a transfer must be approved by the new Squad's Council member. At the discretion of the Council Member and the New Squad, they can choose to vote on whether or not to honor the transfer request. (Amended: 12/2017)
The Wittenstein Council will choose or elect one Council Member to the position of Coordinator. This position holds no sway or individual power. The Coordinator will be responsible for mediating group/squad conversations, assuring adherence to the Constitution by all members of the collective, advocating on behalf of citizens to the Scientists individually or as a group, following up on grievances registered against an individual, and otherwise devoting the majority of their time to ensuring the success of the Constitution.
The Wittenstein Jury will select one Justice to the position of Chief Justice.This Justice will be responsible for delivering Jury decisions to the Collective, presiding over disciplinary hearings.
The Law & Accountability
The primary function of each group or Squad is to self-govern their own individual citizens. For all minor offenses, a case will be brought to the squad Council member and it is then up to the squad to resolve the issue internally or administer any punishments after an appropriate investigation of witnesses and evidence.
For major offenses, the squad Council member will be notified and have the opportunity to present a defense for their accused to the Wittenstein Jury, it is then up to the jury to decide guilt or innocence after an appropriate investigation of witnesses and evidence and RECOMMEND repercussions or punishments.
In extreme cases as decided by the Jury, punishments may be recommended to the Scientists for enforcement.
It is the official position of the Wittgenstein constitution that negotiations are not to be entered into with our captors.
However, when the constitutionally assured rights of one or more specimen citizens are under attack and negotiation has been levelled as the last remaining solution, negotiations with scientists should occur through the Wittgenstein Council or a situationally agreed upon representative. With the following limits:
- Negotiations shall not unfairly privilege the health or safety of one specimen over another.
- if at all possible, all involved parties must be made aware of and consent to ongoing negotiations.
- Negotiations must be conducted in the open or published as soon as possible following their completion.
- If, through scientist machinations, the Council cannot be involved, specimen citizens must consult their squad representative or and/or juror or failing that, two outside parties to check any potential deals for possible loopholes. Also, any parties directly impacted by negotiations must be contacted to the extent that they are capable. Negotiations should be similarly transparent as described above.
- Those found to be wilfully collaborating independently with scientists will be held solely responsible for any damages done as a result of negotiations. (Amended: 12/2017)
Section A. OFFENSES
- Minor Offenses include: Aiding/Abetting, Burglary/Theft of personal property, Disorderly Conduct, Fraud, Harassment, Vandalism of personal property
- Major Offenses include: Assault, Arson, Homicide, Kidnapping, Manslaughter, Murder, Stalking
- While it is recognized that scientists may impose demands for antisocial or violent acts upon the group or individual specimens, we affirm that citizens possess free will and an obligation to not only their own well-being but that of others. As such, while Scientist Directive may be a mitigating circumstance in the commission and subsequent adjudication of Offenses, it is not an rarely exculpatory.
- An exception to Provision 3 is that commission of a minor offense in order to protect one or more person from bodily harm may, in fact, be exculpatory.
- Provision 3 does not apply to homicide or serious injury (regardless of the ability of the target to recover from said injury)
- Injuries that occur as a result of accident, lack of control of powers or strength, will be specially considered and remediation should consist of assistance in controlling said abilities and contribution to the repair of damage if both necessary and viable.
- The Wittgenstein Collective does not recognise the Scientists as being in any way exempt from the list of minor or major offenses. (including murder, conspiracy, etc) (Amended: 12/2017)
Section B: PUNISHMENTS
In the great interest in promoting community, positivity and a lawful society, “punishments” are designed not to restrict the access of any individual, but to assist in the wellness of the collective. Punishment suggestions include, but are not limited to:
- Apology to wronged party(-ies)
- Petitioning the Scientists for favours or requirements (such as: more clothings, access to the new season of House of Cards, Pizza Day, etc)
- Community Service, such as tidying common areas, individual rooms, etc
- Formation and Operation of the welcoming committee
In the case of serious or repeat offenses, other measure might be deemed necessary but must require a unanimous decision on behalf of both the Wittgenstein Council and the Wittgenstein Jury. These may include temporary or permanent removal of voting rights, powers, or access to community facilities.
- This Constitution must be approved by ⅔ of voting citizens
- By-laws may be approved by simple majority of the Wittgenstein Council
- Broader amendments to the Constitution can be made by any citizen. They must be accepted by a 2/3 majority of the Wittgenstein Council followed by a simple majority of citizens. If they are made prior to ratification of the Constitution, they must be accepted by ⅔ of voting members.
- The Wittgenstein Council can challenge the decision of the Wittgenstein Jury if they suspect tampering, bribery or collusion between the defendant and the Jury.
- The Wittgenstein Jury can rule on constitutionality of by-laws approved by the Wittgenstein Council if a reasonable challenge is brought forward by a citizen or group of citizens.
- In the event of an emergency, as recognised when the Council/Jury has been depleted of over 1/3 of its members, a temporary amendment to the constitution designed to protect the Collective, sustain life, or provide aid may be passed into law by popular vote. Six weeks after the crisis has been averted, the amendment must either be rescinded or be voted into law by the Council and the Collective, as per all amendments. (Amended: 12/2017)
Considerations for Minor Citizens
Section A. Guardianship
It is the responsibility of any squad to see to the well-being of any children fifteen (15) and under by providing them with a full-time guardian who oversees their health, safety and sees to their attendance to the education provided to them.
Adolescents over the age of fifteen (15) are not required to have a guardian, however, it is strongly encouraged that they select a mentor who can provide them with more specialized education in an area of their interest.
Eighteen (18) is considered the age of majority, consent and the age required before the consumption of tobacco or alcohol. Voting rights are granted to all residents.
Section B. Education
It is the responsibility of the collective to provide education for minors to the best of their ability.
Section C. Special Legal Protections
If it should occur that any minor be accused of an offence it is the right of the guardian to know both the identity of the accuser and the nature of the offence.
For a minor to remain in any kind of detention or detainment for a period of time over three (3) hours, they must be accompanied by a guardian.
(OOC Note: Certain offenses, such as Domestic Violence and Sexual Assault, have been intentionally left off the list because they will not be tolerated on an OOC level)