Bowman Acts: Difference between revisions
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Initially conceived of and drafted by U.S. Senator [[James Bowman]] (with assistance from several other individuals), over a period of time between 1982 and 1985, the '''Bowman Acts''' are a series of legislative articles, approved and signed into law secretly by many of the nations of the world, which provide a legal framework for the day-to-day dealings, operations, and other concerns in relation with metahuman and extra-terrestrial interests and development on Earth (or Earth-247, as cataloged in the [[Daria Multiverse]].) The initial signing by world powers of the Acts was on July 8; as a result, [[Bowman Day]] is considered an unofficial holiday for many in the metahuman community, and many metahumans gather in the New York area for celebrations.
The majority of the ''Bowman Acts'' are unrevealed at this time; however, one thing that is known is that there are definite protocols in place for the control of metahumans involved in overt criminal activity or who have allowed their abilities to go uncontrolled (one such measure created because of this are the [[SHARD Rangers]]; this is covered in Article One of the Bowman Act of 1982. Article One also clarifies and regulates the conditions allowed for the overt use in public of metahuman abilities (similar in concept and function to the [http://en.wikipedia.org/wiki/Wizarding_world#Government_and_politics Wizarding World]'s ''International Confederation of Wizards' Statute of Secrecy'', and also puts in place the legal structure for the use of metahuman powers in cases of self-defense, the defense of others in life-threatening situations, and the use of said powers in situations where the loss of life and/or property through the possibility of 'acts of God' may necessitate the use of metahuman abilities.
The Bowman Acts also contain language that defines the legal rights and status of any metahuman citizens of any signatory nation, should they somehow come into situations where the Acts come into play, and the legal mechanisms that have been put into place to service these citizens. it should be noted that the rights, status and legal mechanisms put into play by a nation's signing of the Acts does not circumvent, restrict or remove any legal standing or civil rights that a citizen currently possesses and in many cases provides those citizens rights that they previously did not possess as regular citizens of their nation; for example, the rights guaranteed by 'Article
Another well-known section of the ''Acts'' is Article Two of the Bowman Act of 1982; it calls for and defines a 'mutual-defense treaty', in which all signatory nations have promised to provide information, materials and intelligence/military forces (as needed) for the purpose of defending the entire planet from imminent threats of natures specifically stated in the ''Acts''. Article Two also places specific restrictions upon military and intelligence assets of signatory nations from dissemination of information related to operations involving metahuman activities of which they have either participated in or become aware of without prior consent for said dissemination. (This is a noticeable point, as it sets in place greater restrictions beyond those enumerated in Article One.)▼
Other known statutes in the ''Acts'' are the specific regulations dealing with the use of mystical and telepathic citizens and their abilities by private companies/corporations and the governments of ''Bowman Act''-signatory countries, the conduct of mystical and telepathic citizens within their home societies and the specific laws and penalties involved with the illegal/unsanctioned usage of their abilities (the infamous ''Article Ten'' of the Bowman Act of 1982, later amended to encompass all metahumans and any use of advanced technology, regardless or the source and/or origin of said technology). An equally controversial (yet lesser-known) provision is ''Article Eleven'' of the Bowman Act of 1982, which sets up the framework for metahuman conscription provisions for involuntary federal/national service in both the civilian (including the intelligence services of the nation where the metahuman citizen hails from) and military sectors. (It must be noted that since this was ratified, no nation has attempted to use this for its stated purpose - primarily because doing so would require notification of the oversight committee (see below), and because attempting to do so would be seen as an overt act of military aggression by that nation.)▼
▲Another known section of the ''Acts'' is Article Two of the Bowman Act of 1982; it calls for and defines a 'mutual-defense treaty', in which all signatory nations have promised to provide information, materials and intelligence/military forces (as needed) for the purpose of defending the entire planet from imminent threats of natures specifically stated in the ''Acts''. Article Two also places specific restrictions upon military and intelligence assets of signatory nations from dissemination of information related to operations involving metahuman activities of which they have either participated in or become aware of without prior consent for said dissemination. (This is a noticeable point, as it sets in place greater restrictions beyond those enumerated in Article One.)
▲Other known statutes in the ''Acts'' are the specific regulations dealing with the use of mystical and telepathic citizens and their abilities by private companies/corporations and the governments of ''Bowman Act''-signatory countries, the conduct of mystical and telepathic citizens within their home societies and the specific laws and penalties involved with the illegal/unsanctioned usage of their abilities (the infamous ''Article Ten'' of the Bowman Act of 1982, later amended to encompass all metahumans and any use of advanced technology, regardless or the source and/or origin of said technology). An equally controversial (yet lesser-known) provision is ''Article Eleven'' of the Bowman Act of 1982, which sets up the framework for metahuman conscription provisions for involuntary federal/national service in both the civilian (including the intelligence services of the nation where the metahuman citizen hails from) and military sectors. (It must be noted that since this was ratified, no nation has attempted to use this for its stated purpose - primarily because doing so would require notification of the oversight committee (see below), and because attempting to do so would be seen as an overt act of military aggression by that nation.
▲The Bowman Acts also contain language that defines the legal rights and status of any metahuman citizens of any signatory nation, should they somehow come into situations where the Acts come into play, and the legal mechanisms that have been put into place to service these citizens. it should be noted that the rights, status and legal mechanisms put into play by a nation's signing of the Acts does not circumvent, restrict or remove any legal standing or civil rights that a citizen currently possesses and in many cases provides those citizens rights that they previously did not possess as regular citizens of their nation; for example, the rights guaranteed by 'Article Three' of the ''Bowman Act of 1982'' is fundamentally similar to [http://en.wikipedia.org/wiki/Miranda_v._Arizona the rights afforded to American citizens in ''Miranda v. Arizona'' (the iconic '' 'Miranda rights'' ').] Further rights guaranteed by ''Article Three'' include the right of a metahuman citizen to not have his or her powers permanently disabled or removed without a separate trial (if the person is sentenced to long-term incarceration) to determine if this is warranted, justifiable, and if doing so constitutes 'double jeopardy'. ''Article Three'' also establishes a ''Commission for Oversight on Metahuman Rights and Legal Affairs''; the Commission is the judicial body that handles any questions on the legalities in enforcement of the Acts. Furthermore, Article Three establishes a set of international standards of various terminology used in dealing with metahumans; this also includes the Claremont/Byrne metahuman power rankings scale.
Article Three of the ''Bowman Act of 1983'' provides protocols in order to handle the international problem of transient metahuman children with active abilities (identified as '[[Ferals]]'). Because of the very real and ongoing possibility that such children may pose an active threat to the communities they exist within (due to simply acting out in order to survive) or expose the existence of metahuman beings to the general population, Article Three possesses a provision that instructs any signatory country to allocate resources to assist 'Ferals' when located, and provide them with appropriate physical, emotional, medical and remedial educational care and resources so at to lessen the possibilities that they will become potential threats. This provision also allows specific provisions for the relocation of such children, if deemed necessary for the best interests of the 'Feral', to a First World signatory nation that has appropriate means for such care and education; the wishes of the 'Ferals' involved (regardless of age) must be taken into consideration in such cases.
''Article Four'' also establishes a ''Commission for Oversight on Metahuman Rights and Legal Affairs''; the Commission is the judicial body that handles any questions on the legalities in enforcement of the Acts. Furthermore, Article Four establishes a set of international standards of various terminology used in dealing with metahumans; this also includes the Claremont/Byrne metahuman power rankings scale. Article Four further defines points made in Articles One through Three in establishing protocols for classification and sequestration of some metahuman-oriented activities and individuals, even after the general and public recognition of metahumans in society (in accordance with later Articles).
Article Seven of the 1982 Bowman Act is essentially the metahuman-oriented equivalent to the Second Amendment of the U.S. Constitution. It recognizes the right of American citizens with metahuman abilities to possess those abilities without fear of the government acting against them in any fashion (primarily the forced supression or negation of their powers, or the involuntary/indefinite detention) specifically due to their possession of powers, regardless of the nature of their powers, without a specific and legally-actionable cause to do so AND without making every possible effort to provide ''the necessary effort and means'' for the person ''to live a meaningful existence within society''.▼
▲Article Seven of the 1982 Bowman Act is essentially the metahuman-oriented equivalent to the Second Amendment of the U.S. Constitution. It recognizes the right for citizens of
Article Eight of the 1982 Bowman Act is a unique section in the Acts, as it allows for the creation of federally-operated and funded basic-level educational facilities (for metahumans between the ages of twelve to eighteen) within each of the five nations that are permanent members of the United Nations Security Council. These facilities, or ''Metahuman Academic Complexes'', will be established to provide any metahuman youth the means in order to learn about their abilities, how to safely control them and gain a measure of competence in the use for purposes of self-defense and mundane utility, and to re-integrate into society with minimal risk of doing harm to themselves or others. Students enrolled at a M.A.C. are expressly forbidden to be trained for the purpose of using their powers for military or law-enforcement purposes (however, they are free to enter the military forces or law-enforcement agencies of their countries after they leave a M.A.C. and receive additional training once there). The reason why Article Eight is unique is that it is one of the 'sunrise provisions' of the Acts, written with the understanding that the existence of metahumans would one day become public knowledge and thus, legal statutes legislating their status in their respective and global society would need to be already set in place to deal with the challenges of their status in society.
One of the more potentially sinister parts of the Acts is ''Article Twenty-Five'' of the 1982 Bowman Act, which allows (in a case of extreme emergency or eminent threat) for a metahuman citizen or citizens to be declared a ward of the government of said citizen's nation, allowing for that citizen to be remanded to the state, who will be responsible for the physical custody and care of said citizen '' 'until such time as said citizen(s) are no longer demonstrated to be a danger to themselves or the society in which it is hoped that they may be able to someday re-enter.' '' Because of the clear violation of legal rights that application of Article Twenty-Five entails, any citizen who is detained under such status is immediately subject to both overview by the Bowman Oversight Committee, and given 'special detainee status' by the International Red Cross (both of whom must receive written notification of Article Twenty-Five activation status '''and''' return written confirmation of such action within twelve hours for every specific citizen detained under such circumstances. Failure to comply will be considered a clear violation of international law and dealt with by extremely harsh measures (as agreed upon by all signatory nation-stated upon acceptance of the Acts).
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