[Draft]Repeal:Sexual Privacy Act

[Old Hope]

Current legislation:

GENERAL ASSEMBLY RESOLUTION # 16
Sexual Privacy Act

A resolution to improve worldwide human and civil rights.


Category: Human Rights


Strength: Significant


Proposed by: Mendosia

Description: The Nations of the World Assembly,

CONVINCED of the need for legal limits to government interference in the private lives of individuals,

RESOLVED to create the adequate conditions for the development of sexual identity and sexual self-determination,

ADOPT the following Resolution:

Article 1 (Object)

(a) This resolution establishes a right to sexual privacy without state intervention.

(b) The provisions contained in this resolution apply to humans.

(c) Each Nation shall make all the necessary adaptations to these provisions in order to grant the same level of sexual privacy protection to any other sentient species there may exist under their jurisdiction, provided that their existence is legally recognized.

Article 2 (Definitions)

(a) Sexual Acts: any acts between two or more individuals which involve stimulation of the sexual organs.

(b) Consenting: giving full agreement by words or behavior with respect to all aspects of the sexual act or acts one is engaging in, while not being in circumstances that significantly impair judgement and seriously affect volition, including but not limited to any forms of coercion, deception, error on the identity of the partner; nor suffering from a severe mental illness.

(c) Age of consent: the age above which the consent given for the purposes of the previous paragraph is valid, being invalid below the said age.

(d) Puberty: the period of development during which physical growth and sexual maturation occurs.

Article 3 (Sexual privacy and its conditions of application)

(a) No Nation shall enact legislation prohibiting, criminalizing or otherwise regulating sexual acts between consenting individuals when practiced in the privacy of the home, or otherwise away from public exposure.

(b) Each Nation can define an age of consent. Should a Nation fail to define an age of consent, the age of majority in use in said Nation shall apply. Should a Nation fail to establish an age of majority, the individual will be considered above the age of consent for the purposes of the previous paragraph if he/she has entered puberty.

(c) All Nations shall enact and enforce legislation deeming unlawful and duly punishing all sexual acts involving or committed against non-consenting or invalidly consenting individuals, without prejudice to any immunities applicable to minors or persons otherwise incompetent for the purposes of criminal responsibility.

(d) The provisions of this article will not be construed to ban the exercise of disciplinary power by independent professional organizations should an individual be unethically involved in sexual acts with a client or with someone otherwise under his/her authority or responsibility. The penalties applied in the context of a disciplinary process may only concern the professional status of the defendant and may not have criminal consequences, except in the cases covered in the previous paragraph. The ethical rules applied for the purposes of this paragraph will make no distinction with respect to gender or sexual orientation of the defendant.

Article 4 (Non-discrimination)

(a) No Nation shall establish an age of consent according to gender of the participating individuals or the nature of the sexual act.

(b) No Nation shall construe the notion of consent in such a way as to summarily deny that capacity to heterosexuals, homosexuals, bisexuals, transsexuals or transgendered individuals.

Proposed Repeal:

Concerned about the lack of options presented for nations suffering problems from overpopulation
Knowing the extreme problems overpopulation can produce, including a breakdown of order, mass starvation or even extinction
Concluding that it is in the interest of a member state to enforce population control in such situations
Alarmed that this resolution effectively outlaws direct birth control even in such situations
Apalled that the only lawful way for member states to deal with overpopulation if information measures have failed is randomly killing inhabitants
Seeing those measures as far worse than restictions on reproductive sexual acts
Wishing to correct this problem

the World Assembly

repeals General Assembly Resolution #16, Sexual Privacy Act.

Replacement:

Wanting to stop member states to interfere with private sexual activities when not absolutely necessary

the World Assembly

defines sexual activity as physical act on any person for the purpose of sexual stimulation
defines reproductive sexual activity as any acts that may lead to the production of offspring
defines overpopulation as the existance of more individuals than the environment can sustain in the long run,

prohibits member states to interfere with privately performed sexual activities between consenting individuals that are not reproductive,
forbids member states to regulate privately performed reproductive sexual acts between consenting individuals outside of times of overpopulation.
Mandates member states to outlaw the performance of sexual acts on an individual that is not consenting, in any state.

[Jean Pierre Trudeau]

UNITED FEDERATION OF CANADA



IMPERIAL MINISTRY OF FOREIGN AFFAIRS

Oh wait. You're serious?

More

Regards,

[Old Hope]

UNITED FEDERATION OF CANADA

([url=http://i1295.photobucket.com/albums/b631/Unitedfederationofcanada/image_zps622bb208.jpg]Image)[/url]

IMPERIAL MINISTRY OF FOREIGN AFFAIRS

Oh wait. You're serious?

More

Regards,

(Image)

You don't have anything constuctive to say? The door is right there, ambassador.

[Kaboomlandia]

UNITED FEDERATION OF CANADA

([url=http://i1295.photobucket.com/albums/b631/Unitedfederationofcanada/image_zps622bb208.jpg]Image)[/url]

IMPERIAL MINISTRY OF FOREIGN AFFAIRS

Oh wait. You're serious?

More

Regards,

(Image)

You don't have anything constuctive to say? The door is right there, ambassador.

There's a much better version of this repeal being drafted by TDSR right now.

[Old Hope]

There's a much better version of this repeal being drafted by TDSR right now.

You mean the version that tells us that we should allow member states to illegalize incest?
Our reasoning is far better.

[Separatist Peoples]

There's a much better version of this repeal being drafted by TDSR right now.

You mean the version that tells us that we should allow member states to illegalize incest?
Our reasoning is far better.

"No. Your reasoning sucks. This doesn't ban birth control, and your approach to population control borders on eugenics. How many times do you need to make blatantly wrong or illegal arguments before you actually read the resolutions you're trying to interpret?"

[Omigodtheykilledkenny]

This is satire, right?

Joke proposals go in the Joke Proposals thread.

[Old Hope]

You mean the version that tells us that we should allow member states to illegalize incest?
Our reasoning is far better.

"No. Your reasoning sucks. This doesn't ban birth control, and your approach to population control borders on eugenics. How many times do you need to make blatantly wrong or illegal arguments before you actually read the resolutions you're trying to interpret?"

Or maybe you need to take a second look?

(a) No Nation shall enact legislation prohibiting, criminalizing or otherwise regulating sexual acts between consenting individuals when practiced in the privacy of the home, or otherwise away from public exposure.

birth control would fall under "otherwise regulating", ambassador.

[Sierra Lyricalia]

"No. Your reasoning sucks. This doesn't ban birth control, and your approach to population control borders on eugenics. How many times do you need to make blatantly wrong or illegal arguments before you actually read the resolutions you're trying to interpret?"

Or maybe you need to take a second look?

(a) No Nation shall enact legislation prohibiting, criminalizing or otherwise regulating sexual acts between consenting individuals when practiced in the privacy of the home, or otherwise away from public exposure.

birth control would fall under "otherwise regulating", ambassador.

Right. Banning birth control would count as "regulating sexual acts." So would requiring it, which (parsing your incorrectly worded text for an agenda) seems to be what you're actually trying to do. Under SPA nations may neither mandate nor prohibit the use of birth control. The one would be unbelievably silly and totally unenforceable, and the other a horribly regressive means of turning women into property. So, not only did you either not read or not understand what you are trying to repeal, but you backlash when this is pointed out to you. These are not the hallmarks of a sober and competent legislative agenda.

I'd have to have a look around the various existing resolutions to be sure, but I believe the resolution that created the International Criminal Court was the only place there was ever a prohibition on forced sterilization. Overpopulated nations are free to take all kinds of hideous measures against the Malthusian menace, most of them far more effective than trying to make people pop a pill every day or glom a piece of rubber over their genitals once they find themselves pantsless.

TL;dr - there's not a single reason to support this repeal argument.

[Separatist Peoples]

"No. Your reasoning sucks. This doesn't ban birth control, and your approach to population control borders on eugenics. How many times do you need to make blatantly wrong or illegal arguments before you actually read the resolutions you're trying to interpret?"

Or maybe you need to take a second look?

(a) No Nation shall enact legislation prohibiting, criminalizing or otherwise regulating sexual acts between consenting individuals when practiced in the privacy of the home, or otherwise away from public exposure.

birth control would fall under "otherwise regulating", ambassador.

"I believe the lovely Ambassador Zalweke has countered this sufficiently. Mandating birth control use is illegal anyways. There are several laws that protect the right of individuals to refuse medical procedures and treatments and to prevent eugenics, which, as I pointed out, your proposal very nearly endorses. Your delegation has yet to come up with a single correct statement. Please save everybody the trouble and stop writing resolutions."

[Old Hope]

Or maybe you need to take a second look?

birth control would fall under "otherwise regulating", ambassador.

"I believe the lovely Ambassador Zalweke has countered this sufficiently. Mandating birth control use is illegal anyways. There are several laws that protect the right of individuals to refuse medical procedures and treatments and to prevent eugenics, which, as I pointed out, your proposal very nearly endorses. Your delegation has yet to come up with a single correct statement. Please save everybody the trouble and stop writing resolutions."

I think I need to draft a replacement here, then.

[Separatist Peoples]

"I believe the lovely Ambassador Zalweke has countered this sufficiently. Mandating birth control use is illegal anyways. There are several laws that protect the right of individuals to refuse medical procedures and treatments and to prevent eugenics, which, as I pointed out, your proposal very nearly endorses. Your delegation has yet to come up with a single correct statement. Please save everybody the trouble and stop writing resolutions."

I think I need to draft a replacement here, then.

Bell stares at the Hopian ambassador. "How did you manage to take "Please stop writing" and get "write a replacement" out of it? What kind of mental gymnastics did you have to do to twist reality that way?"

[Old Hope]

I think I need to draft a replacement here, then.

Bell stares at the Hopian ambassador. "How did you manage to take "Please stop writing" and get "write a replacement" out of it? What kind of mental gymnastics did you have to do to twist reality that way?"

I just came to a different conclusion...

[Separatist Peoples]

Bell stares at the Hopian ambassador. "How did you manage to take "Please stop writing" and get "write a replacement" out of it? What kind of mental gymnastics did you have to do to twist reality that way?"

I just came to a different conclusion...

"The logic you use to reach conclusions frightens me. It looks an awful lot more like madness."

[Krieg-Deathworld]

I don't see what's wrong with just dragging people out of their homes and shooting them.

[Separatist Peoples]

I don't see what's wrong with just dragging people out of their homes and shooting them.

OOC: if you're interested in debating that position in the context of being compliant with WA resolutions, people would probably argue. Since you don't bother with compliance anyways, I'm not sure what you expect. Debate with you is pointless.

[NoFrellsGiven]

Overpopulation is the issue of our time. And everyone is afraid to talk about it. Conservatives have so derailed the issue that now we are hearing wild accusations of

eugenics

and

turning women into property.

Without requiring forced sterilizations we can provide universal access to birth control.

Incentives like Child Tax Credits must be removed.

And for each child beyond 1 an extra tax should be levied for the harm that overpopulation causes society.

[Separatist Peoples]

Overpopulation is the issue of our time.

"Maybe in your nation, ambassador. We have plenty of room to grow in the C.D.S.P."

And everyone is afraid to talk about it. Conservatives have so derailed the issue that now we are hearing wild accusations of

eugenics

and

turning women into property.

Without requiring forced sterilizations we can provide universal access to birth control.

Bell chuckles, "Did you call me conservative? Now that's a riot! Where's Steph when you need to share a good chuckle? I fail to see how preventing individuals from reproducing by forced sterilization, even reversible sterilization like birth control, isn't bordering dangerously on eugenics?"

Perverse incentives like Child Tax Credits must be removed.

And ideally for each child beyond 1 an extra tax should be levied for the harm that overpopulation causes society.

"Which would be damn near impossible to implement without being illegal, I imagine."

[NoFrellsGiven]

A 1 child policy is not eugenics.

http://lmgtfy.com/?q=eugenics

Eugenics, the social movement claiming to improve the genetic features of human populations through selective breeding.

"Which would be damn near impossible to implement without being illegal, I imagine."

Have you ever filed a tax return? A 1 child policy is very simple to implement.

[Separatist Peoples]

A 1 child policy is not eugenics.

http://lmgtfy.com/?q=eugenics

Eugenics, the social movement claiming to improve the genetic features of human populations through selective breeding.

"Which would be damn near impossible to implement without being illegal, I imagine."

Have you ever filed a tax return? A 1 child policy is very simple to implement.

"Yes. You'll note that I said "Dangerously close" to eugenics. Do at least try to listen to your counterarguments. Forcing people to take birth control is contrary to several resolutions this Assembly has passed.

"As for the implementation, you've clearly not bothered to read through the laws on the books passed by the General Assembly. I'll consider your argument when you've done so. I can't speak to the specifics, because you've offered no actual text of an idea to analyze, but I can think of three GA laws that this could run afoul of off the top of my head."

[NoFrellsGiven]

I can think of three GA laws that this could run afoul of off the top of my head.

When you find them that would be the first useful thing you have contributed to this discussion.

[Separatist Peoples]

I can think of three GA laws that this could run afoul of off the top of my head.

When you find them that would be the first useful thing you have contributed to this discussion.

"If you have an idea for such a policy, I'd be happy to criticize it. This is not the correct place."

[Grays Harbor]

A 1 child policy is not eugenics.

http://lmgtfy.com/?q=eugenics

Eugenics, the social movement claiming to improve the genetic features of human populations through selective breeding.

"Which would be damn near impossible to implement without being illegal, I imagine."

Have you ever filed a tax return? A 1 child policy is very simple to implement.

They were referring to the GA rule which prohibits mandating specific taxes.

And in case anybody needs reminding, NS =/= The US or Earth

[NoFrellsGiven]

They were referring to the GA rule which prohibits mandating specific taxes.

That may have to be fixed. Or we can implement the universal access to contraception and skip the taxes.

https://www.youtube.com/watch?v=0UjpmT5noto

Or loophole: call it a fine. We have RL examples of fines being used for taxation.

[NoFrellsGiven]

Real World Violations

George Bush, Barack Obama, Hammas, France, The Michigan Compiled Laws (Annotated), Earth, Milky Way, and Smith & Wesson do not exist in the NationStates world. Don't bring them up in Proposals. This includes references to real world documents, movies, and books. This is really easy to grasp and is a "bright line" violation. A Proposal that is wonderfully written, but mentions "the Great Wall of China" will be deleted. Also, while it acceptable to use real world laws and UN resolutions as a starting point, don't plagiarize.

I think the WA rule not to use Proper Names in resolutions is to increase abstraction (the USA does not exist in the game, but Corporate Imperialists of course do) and be more inclusive of alien species, planets.

And in case anybody needs reminding, NS =/= The US or Earth

Saying NS =/= The US makes sense.

But saying NS =/= Earth?

How can I then be labeled a Scandinavian Liberal Paradise? Or implement the Hanging Gardens of Babylon?