[GA, withdrawn] - Right To Exit A Member State

Right To Exit A Member State
Category: Civil Rights| Area of Effect: Mild
Proposed by: Simone Republic | Onsite Topic​

The World Assembly (WA),

Affirming the fundamental right for a sapient individual to freely leave a member state of the WA ("exit state"), at any time, temporarily or permanently, of their own free will and accord;

The WA hereby enacts as follows:

1. Right to exit. No restrictions can be placed on an individual from leaving an exit state, unless the exit state can conclusively show (with the burden of proof on that exit state) that the particular individual:
   • is deemed legally incompetent in the exit state, and, under the laws of the exit state, has not been permitted to leave the exit state by the legal parent(s) or guardian(s) of the individual; or
   • has been granted bail pending trial in the exit state for a serious criminal offence, and (i) that bail is granted on condition of that inhabitant staying in the exit state, and (ii) that the inhabitant has exhausted all avenues of appeal (or voluntarily waived appeals) against the said bail conditions; or
   • has failed to respond to a duly issued arrest warrant for a serious criminal offence in the exit state; or
   • has been duly convicted of a serious criminal offence, and the sentencing tariff (or other conditions such as parole conditions) require that the individual seeks approval from a competent authority of that WA state prior to traveling or exiting that state.
2. Appeals to restrictions. A WA state is required to, subject to due process of law applicable to that WA state:
   • inform the individual if they are restricted from travel, and provide channels for appeals on such restrictions;
   • review the restrictions in sub-clause (2)(d) from time to time, and ensure that they are only in place for as long necessary;
   • consider any humanitarian requests for temporary exits, such as to attend funerals.
3. No retribution.
   • If someone leaves the WA state in violation of clause (1), no WA state may impose retribution on anyone related to that individual, such as relatives, friends, or associates, specifically for the said violation.
   • This resolution does not govern offences under other applicable laws, such as a prison warden charged with abetting a jailbreak that results in a violation of clause 1.
4. Exclusions. This resolution does not govern:
   • exits if the WA state is at a state of war (either declared by the WA state or deemed as such by WA organs);
   • conditions of exit related to national security (including national service);
   • exits by employees or representatives of the WA or WA organs acting in an official capacity;
   • transfers of prisoners between WA states where the prisoner(s) transferred continue to serve their sentences;
   • anyone duly subject to a quarantine;
   • anyone subject to limited emergency civilian service;
   • any other conditions imposed by the WA.

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