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6. Offences
against a Men and Women
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Article 55-Offences
causing deprivation of liberty or rights
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| 55.1 |
Violation of the Equality of Human and Civil Rights and Freedoms |
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Violation of a men and women man or woman and civil rights is when non-violent/non-sexual action is taken to deprive a man or woman of a moral and civil right as stated in the Charter and codes based on their sex, race, nationality, language, origin, property or official status, place or residence, attitude to religion, convictions, or affiliation with public associations. |
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Primary Fact(s) |
| 1. That the victim was denied a moral and/or civil right; and |
| 2. That the actions of the accused contributed to the deprivation of such rights; and |
| 3. That the actions of the accused were done with the intent to cause a deprivation of such rights. |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) If committed in restriction of right of entry into a public building;
b) If committed by demanding disclosure of ever having a criminal record, rather than only an active criminal record; |
4-6 |
a) If committed in restriction of right of access to public transport; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) If committed in restriction to service by a Public Servant;
b) If committed in relation to restriction(s) based on ever having a criminal record when victim no longer has an active criminal record; |
4-6 |
a) If committed in restriction or unfair targeting by law enforcement officials; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) If committed in restriction of a men and women right to vote in an election; |
4-6 |
a) If committed by an elected official representative; |
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