| |
|
On this page:
Fourteenth
Amendment to the U.S. Constitution
North Dakota
Constitution's Declaration of Rights
Reporting Child
Abuse
North Dakota Century Code 12.1-36-01 (North Dakota's FGM Law)
Federal FGM Law
Fourteenth Amendment to the U.S.
Constitution
Section. 1. All persons born or naturalized in the United States
and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws....
__________________________________________
North Dakota
Constitution's Declaration of Rights
ARTICLE I
DECLARATION OF RIGHTS
Section 1. All
individuals are by nature equally free and independent and have certain
inalienable rights, among which are those of enjoying and defending life
and liberty; acquiring, possessing and protecting property and
reputation; ... which shall not be infringed...[and]
Section 3. The
free exercise and enjoyment of religious profession and worship, without
discrimination or preference shall be forever guaranteed in this state,
and no person shall be rendered incompetent to be a witness or juror on
account of his opinion on matters of religious belief; but the liberty
of conscience hereby secured shall not be so construed as to excuse acts
of *licentiousness,* or *justify practices inconsistent with the peace
or safety* of this state...[and]
Section 5. The
citizens have a right, ... to apply to those invested with the powers of
government for the redress of grievances, or for other proper purposes,
by petition, address or *remonstrance.* [and]
Section 8. The
right of the people to be secure in their persons, houses, papers and
effects, against unreasonable searches and seizures shall not be
violated; and no warrant shall issue but upon probable cause, supported
by oath or affirmation, particularly *describing the place to be
searched* and the persons and *things to be seized.*
AND
Section 21. No
special privileges or immunities shall ever be granted which may not be
altered, revoked or repealed by the legislative assembly; **nor shall
any citizen or class of citizens be granted privileges or immunities
which upon the same terms shall not be granted to all citizens.**
Section 22. **All laws of a general nature shall have a uniform
operation.** Section 23. The state of North Dakota is an inseparable
part of the American union and the Constitution of the United States is
the supreme law of the land.
Section 24. The
provisions of this constitution are mandatory and prohibitory unless, by
express words, they are declared to be otherwise. AND
Section 4. The
legislative assembly shall take such other steps as may be necessary to
... promote ... scientific ... improvements. AND
b. The said *state
board of higher education* shall have full authority over the
institutions under its control with the right, among its other powers,
to *prescribe,* limit, or *modify the courses offered* at the several
institutions.
AND
Section 4. Members
of the legislative assembly and judicial department,... take and
subscribe the following oath or affirmation: "I do solemnly swear
(or affirm as the case may be) that I will support the Constitution of
the United States and the Constitution of the State of North Dakota; and
that I will faithfully discharge the duties of the office of _________
according to the best of my ability, so help me God" (if an oath),
(under pains and penalties of perjury) if an affirmation, and no other
oath, declaration, or test shall be required as a qualification for any
office or public trust. AND
Section 1. Perfect
toleration of religious sentiment must be secured, and no inhabitant of
this state may ever be *molested in person* or property on account of
that person's mode of religious worship.
_______________________________________
Reporting Child Abuse
NDCC 50-25.1-03.
Persons required and permitted to report - To whom reported.
1. Any physician, nurse, dentist, optometrist, medical
examiner or coroner, or any other medical or mental health professional,
religious practitioner of the healing arts, schoolteacher or
administrator, school counselor, addiction counselor, social worker, day
care center or any other child care worker, police or law enforcement
officer, or member of the clergy having knowledge of or reasonable cause
to suspect that a child is abused or neglected, or has died as a result
of abuse or neglect, shall report the circumstances to the department if
the knowledge or suspicion is derived from information received by that
person in that person's official or professional capacity. A member of
the clergy, however, is not required to report such circumstances if the
knowledge or suspicion is derived from information received in the
capacity of spiritual adviser.
2. Any person having reasonable cause to suspect that a child is abused
or neglected, or has died as a result of abuse or neglect, may report
such circumstances to the department.
___________________________________
North Dakota Century Code
12.1-36-01
Passed in 1995
FEMALE GENITAL MUTILATION
AN ACT to prohibit female genital mutilation; and to provide a penalty.
Section 1. Surgical alternation of the genitals of females
minors - Penalty - Exception.
1. Except as
provided in subsection 2, any person who knowingly separates or
surgically alters normal, healthy functioning genital tissue of a female
minor is guilty of a class C felony.
2. A surgical
operation is not a violation of this section if a licensed medical
practitioner performs the operation to correct an anatomical abnormality
or to remove diseased tissue that is an immediate threat to the health
of the minor. In applying this subsection, any belief that the operation
is required as a matter of custom, ritual, or standard of practice may
not be taken into consideration.
____________________________________________________
Federal FGM
Law
IN THE SENATE OF THE UNITED STATES
July 13 (legislative day, July 10), 1995
Mr. REID (for himself, Mr. SIMPSON, Mr. WELLSTONE, and Ms. MOSELEY-BRAUN)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
------------------------------------------------
A BILL
Entitled the "Federal Prohibition of Female Genital
Mutilation Act of 1995"
Be it inacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the "Federal Prohibition
of Female Genital Mutilation Act of 1995".
SEC.2. TITLE 18 AMENDMENT.
(a) IN GENERAL.--Chapter 7 of title 18, United States
Code, is amended by adding at the end of the following new section:
"116. FEMALE GENITAL MUTILATION
"(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or any part of
the labia majora or labia minora or clitoris of another person who has
not attained the age of 18 years shall be fined under this ti tle or imprisoned
not more than 5 years, or both.
"(b) A surgical operation is not a violation of this
section if the operation is --
"(1) necessary to the health of the person on whom
it is performed, and is performed by a person licensed in the place of
its performance as a medical practitioners; or
"(2) performed on a person in labor or who has just
given birth and is performed for medical purposes connected with that labor
or birth by a person licensed in the place it is performed as a medical
practitioner, midwife, or person in training to become such a practitioner
of midwife.
"(c) In applying subsection (b)(1), no account shall
be taken of the effect on the person on whom the operation is to be performed
of any belief on the part of that or any oterh person that the operation
is required as a matter of custom or ritual.
"(d) Whoever knowingly denies to any person
medical care or services or otherwise discriminates against any person
in the provision of medical care or services, because --
"(1) that person has undergone female circumcision,
excision, or infibulation; or
"(2) that person has requested that female circumcision,
excision, or infibulation be performed on any person;
shall be fined under this title or imprisoned not more
than one year, or both."
(b)CLERICAL AMENDMENT.--The table of sections at the
beginning of chapter 7 of title 18, United States Code, is amended by adding
at the end the following new item:
"116. Female genital mutilation."
SEC. 3. INFORMATION AND EDUCATION REGARDING FEMALE
GENITAL MUTILATION.
(a) IN GENERAL. -- The Secretary of Health and Human
Services shall carry out the following activities:
(1) Compile data on the number of females living
in the United States who have been subjected to female genital mutilation
(whether in the United States or in their countries of origin), including
a specification of the number of girls under the age o f 18 who have been
subjected to such mutilation.
(2) Identify communities in the United States that
practice female genital mutilation, and design and carry out outreach activities
to educate individuals in the communities on the physical and psychological
effects of such practice. Such outreach activit ies shall be designed and
implemented in collaboration with representatives of the ethnic groups
practicing such mutilation and with representatives of organizations with
expertise in preventing such practice.
(3) Develop recommendations for the education of
students of schools of medicine and osteopathic medicine regarding female
genital mutilation and complications arising from such mutilation. Such
recommendations shall be disseminated to such schools.
(b) DEFINITION. -- For purpose of this section,
the term "female genital mutilation" means the removal or infibulation
(or both) of the whole or part of the clitoris, the labia minor, or the
labia major.
SEC.4. EFFECTIVE DATES
Section 3 of this Act shall take effect immediately,
and the Secretary of Health and Human Services shall commence carrying
it out not later than 90 days after the date of the enactment of this Act.
Section 2 of this Act shall take effect 180 days after t he date of the
enactment of this Act.
_________________________________________________
Next Friend
Encyclopedia Entry:
NEXT FRIEND, in law, the phrase used for a
person who represents in an action another person who is under
disability to maintain a suit on his own behalf.
This disability arises from infancy or mental
incapacity, consequently every application to the court on behalf of an
infant or a lunatic must be made through a next friend (prochein amy,
proximus amicus). Previous to the Married Womens Property Act 1882 it
was also usual for a married woman to sue by a next friend, but that
act, allowing a married woman to sue in all respects as a feme sole, has
rendered a next friend unnecessary in her case. In the case of an nfant
the father is prima facie the proper person to act as next friend; in
the fathers absence the testamentaryguardian if any; but any person not
under disability may act as next friend so long as he has no interest in
the action adverse to that of the infant. A married woman cannot,
however, act as next friend. An infant defends a suit, not by a next
friend, but by a guardian ad litein. In the case of a lunatic, he sues
by his committee, but if he has no committee, or if the committee has
some interest adverse to the lunatic, he sues by his next friend. A next
friend has full power over the proceedings in the action as if he were
an ordinary plaintiff, but he is not entitled to be heard in person.
"SUI JURIS - One who has all the rights to which
a freemen is entitled; one who is not under the power of another, as a
slave, a minor, and the like.
To make a valid contract, a person must, in
general, be sui juris. Every one of full age is presumed to be sui juris."
NEXT FRIEND - One who, without being regularly
appointed guardian, acts for the benefit of an infant, married woman, or
other person, not sui juris.
North Dakota Century Code:
RULE 17.
PARTIES PLAINTIFF AND DEFENDANT--CAPACITY
(a)
Real Party in Interest. Every action
must be
prosecuted in the name
of the real
party in interest. An executor, administrator,
guardian, bailee,
trustee of an
express trust, a party with whom or
in whose name a contract has
been made for
the benefit of another, or a party authorized by statute may sue in that
person's own name without joining the party for whose benefit the action
is brought; and if a statute so provides, an action for the use or
benefit of another must be brought in the name of
the State of North Dakota. No
action may be
dismissed on the ground that it is
not prosecuted in the name of
the real party
in interest until a reasonable time has been allowed after the objection
for ratification of commencement of the action by, or joinder or
substitution of, the real party in interest; and the ratification,
joinder, or substitution has the same effect as if the action had been
commenced in the name of the real party in interest.
(b) Infants
or Incompetent Persons. Whenever
an infant or incompetent
person has a
representative, such as a general guardian,
or other like fiduciary,
the
representative may sue or defend on behalf
of the infant or incompetent
person. An
infant or incompetent person who
does not
have a duly appointed
representative
may sue by a next friend or by a
guardian ad litem. The court
shall appoint
a guardian ad litem for an infant
or incompetent person not
otherwise
represented in an action or shall make such
other order as it considers
proper for the
protection of the infant or incompetent
person; or, if the court
considers it
expedient, may appoint a guardian ad
litem to represent an infant
or incompetent
person, even though the infant or
incompetent person may have a
general
guardian and may have appeared.
|