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Pro-Life, Sovereignty Alternative to "On Abortion" [DRAFT]

Where WA members debate how to improve the world, one resolution at a time.
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Eternal Yerushalayim
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Pro-Life, Sovereignty Alternative to "On Abortion" [DRAFT]

Postby Eternal Yerushalayim » Fri Jan 21, 2011 7:34 am

International Abortions Convention
Council: General Assembly
Category: Moral Decency
Strength: Significant
----------------------------------------------------------------
THE WORLD ASSEMBLY,

DEFINING pregnancy as the condition of carrying a developing offspring within the body,

DEFINING abortion as the intentional termination of a pregnancy resulting in the end of biological functions in a developing offspring,

DEFINING "partial-birth abortions", also known as intact dilation and extraction or late-term abortions, as abortions in which the person performing the abortion, deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the bearer, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the bearer, for the purpose of performing an overt act that the person knows will kill the partially delivered living offspring; and performs the overt act, other than completion of delivery, that kills the partially delivered living offspring.

DEFINING "sex-selective abortions" as abortions performed based on, and because of, the predicted sex of the developing offspring,

HEREBY

OUTLAWS Partial-Birth and Sex-Selective Abortions in all cases,

INSISTS that all individuals seeking an abortion disclose their ages to the relevant physicians, without which the physicians shall not be allowed to proceed in performing the abortion,

REQUIRES Parental Notification for all abortions performed on a minor who is below the stipulated age of majority in her nation,

MANDATES that abortions be legalised as a last resort in cases where continued pregnancy poses a medically-certified long-term threat to the physical and/or mental health of the bearer, after all other possible methods of removing or reducing this threat have been ruled out,

FURTHER MANDATES that neither the bearer, nor the physician performing the abortion, shall be subject to excessive punishment if the aborted fetus had an incurable medical condition that would have caused certain death,

PROTECTS physicians from being prosecuted for refusing to perform an abortion on moral and/or religious grounds, unless such a refusal directly leads to the death of the patient seeking an abortion,

DECLARES that the authority to enact further legislation related to this area is reserved to individual member states, acting in their own sovereign capacity, and affecting only themselves, provided this resolution is upheld,

URGES each and every nation to act with prudence in this area, and to regard all forms of human life with compassion and respect,

CLARIFIES that the provisions of this resolution shall apply only to placental human beings residing in World Assembly member nations.


List of Past Proposals for Further Reference
"On Abortion"-PASSED, Charlotte Ryberg
"Defence of Life Act"-Christian Democrats
"Parental Consent Act"-Christian Democrats
"Fetal Life Protection Act"-Southern Dixiecrats
"Abortion Responsibility Act"-Eternal Life with God/Eternal Yerushalayim
Last edited by Eternal Yerushalayim on Tue Feb 01, 2011 4:50 pm, edited 10 times in total.
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Sanctaria
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Postby Sanctaria » Fri Jan 21, 2011 7:36 am

Oh heavens above. Another one.

Seriously guys, we like to debate worthwhile topics. Abortion has been done to death. Bring us something new and interesting and we'll discuss it. Leave abortion alone.

I swear, if I see another one again I'll begin to wish I was aborted...
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Eternal Yerushalayim
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Postby Eternal Yerushalayim » Fri Jan 21, 2011 7:37 am

Sanctaria wrote:Oh heavens above. Another one.

Seriously guys, we like to debate worthwhile topics. Abortion has been done to death. Bring us something new and interesting and we'll discuss it. Leave abortion alone.

I swear, if I see another one again I'll begin to wish I was aborted...

Sounds rather funny.... should it be "had been", or "were"?
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Grays Harbor
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Postby Grays Harbor » Fri Jan 21, 2011 7:46 am

Sanctaria wrote:Oh heavens above. Another one.

Seriously guys, we like to debate worthwhile topics. Abortion has been done to death. Bring us something new and interesting and we'll discuss it. Leave abortion alone.

I swear, if I see another one again I'll begin to wish I was aborted...


We were going to make a significantly pithy comment on this new abortion draft, but our colleague from Sanctaria has pretty much covered our objections.

Let This Debate End. Please. For the sanity of all delegates.
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Eternal Yerushalayim
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Postby Eternal Yerushalayim » Fri Jan 21, 2011 7:51 am

Actually, if you would read the third last clause....
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Postby Grays Harbor » Fri Jan 21, 2011 7:58 am

Eternal Yerushalayim wrote:Actually, if you would read the third last clause....


You mean this one?
DECLARES that the authority to enact further legislation related to this area is reserved to individual member states, acting in their own sovereign capacity, and affecting only themselves, provided this resolution is upheld

The one which does nothing more than state that we can go ahead and do what we are already doing because the WA now gives us permission to go ahead and do what we are already doing as sovereign nations?
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Coxnord
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Postby Coxnord » Fri Jan 21, 2011 7:59 am

The Holy Empire respectfully suggests that this discussion be suspended until On Abortion is repealed or pigs fly, whichever happens first.
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Grays Harbor
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Postby Grays Harbor » Fri Jan 21, 2011 8:00 am

Coxnord wrote:The Holy Empire respectfully suggests that this discussion be suspended until On Abortion is repealed or pigs fly, whichever happens first.

We Concur.

Perhaps now we require a resolution which mandates that umbrellas be given free to protect folk from said "flying pigs" should they ever manifest themselves?
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Eternal Yerushalayim
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Postby Eternal Yerushalayim » Fri Jan 21, 2011 8:02 am

Grays Harbor wrote:
Eternal Yerushalayim wrote:Actually, if you would read the third last clause....


You mean this one?
DECLARES that the authority to enact further legislation related to this area is reserved to individual member states, acting in their own sovereign capacity, and affecting only themselves, provided this resolution is upheld

The one which does nothing more than state that we can go ahead and do what we are already doing because the WA now gives us permission to go ahead and do what we are already doing as sovereign nations?

But this large bureaucracy won't be able to touch you after this, since any more power in this area is reserved to you. Of course, it's meant to work like a blocker, but hopefully some linguistical wrestling will do the trick and make that legal.
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Mousebumples
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Postby Mousebumples » Fri Jan 21, 2011 8:51 am

Illegal, as On Abortion is still on the books. Until that proposal is repealed (which seems doubtful, due to the wide margin by which it passed) .... I think that this subject should not be discussed by the assembly as a whole.

This proposal cannot be submitted right now. It cannot get to the At Vote stage due to the contradiction with existing legislation.

As such, I highly recommend you save your own breath (as well as my sanity) and LET THIS PROPOSAL DROP. Should the pro-life crowd manage to get On Abortion repealed, we can readdress this proposal and this topic at that time.

Yours in disgust over the endless abortion proposals,
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Last edited by Mousebumples on Fri Jan 21, 2011 8:52 am, edited 1 time in total.
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Coxnord
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Postby Coxnord » Fri Jan 21, 2011 9:10 am

Grays Harbor wrote:
Coxnord wrote:The Holy Empire respectfully suggests that this discussion be suspended until On Abortion is repealed or pigs fly, whichever happens first.

We Concur.

Perhaps now we require a resolution which mandates that umbrellas be given free to protect folk from said "flying pigs" should they ever manifest themselves?


I think flying pigs might become a new game to hunt.
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Kryozerkia
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Postby Kryozerkia » Fri Jan 21, 2011 9:11 am

If resolution #128 didn't exist, it would still be illegal. Optionality and violation of resolutions #29 and #58.
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Charlotte Ryberg
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Postby Charlotte Ryberg » Fri Jan 21, 2011 9:57 am

Ms. Harper appreciates the idea but she feels that resolution #44 and #128 should be sufficient in her opinion.

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St George of England
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Postby St George of England » Fri Jan 21, 2011 10:00 am

DECLARES that the authority to enact further legislation related to this area is reserved to individual member states, acting in their own sovereign capacity, and affecting only themselves, provided this resolution is upheld,


Blocker?
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New Leicestershire
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Postby New Leicestershire » Fri Jan 21, 2011 10:14 am

Kryozerkia wrote:<snip>...violation of resolutions #29 and <snip>....


As the author of Patient's Rights Act I'd just like to ask....what the hell are you talking about?

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Postby Mousebumples » Fri Jan 21, 2011 10:39 am

St George of England wrote:
DECLARES that the authority to enact further legislation related to this area is reserved to individual member states, acting in their own sovereign capacity, and affecting only themselves, provided this resolution is upheld,


Blocker?

That is definitely a blocking clause, but the proposal is not illegal due to it's being a blocker. As there are other clauses that mandate something, it would be legal, if there were no other legislation on the WA books.

HOWEVER, as stated by Kryo (and others) above, this proposal conflicts with at least 3 other passed GA resolutions. As such, it's illegal on those grounds.
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Postby Mousebumples » Fri Jan 21, 2011 10:40 am

New Leicestershire wrote:
Kryozerkia wrote:<snip>...violation of resolutions #29 and <snip>....


As the author of Patient's Rights Act I'd just like to ask....what the hell are you talking about?

REQUIRES Parental Notification for all abortions performed on a minor who is below the stipulated age of majority in her nation,

I believe that violates the patient privacy clauses of PRA. There was an earlier "parental notification" proposal that was on the forums that was ruled illegal (due to contradiction) on those grounds.
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Postby Ossitania » Fri Jan 21, 2011 10:44 am

Repeal "On Abortion" failed to reach quorum. Take the hint.
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New Leicestershire
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Postby New Leicestershire » Fri Jan 21, 2011 10:51 am

Mousebumples wrote:
New Leicestershire wrote:
As the author of Patient's Rights Act I'd just like to ask....what the hell are you talking about?

REQUIRES Parental Notification for all abortions performed on a minor who is below the stipulated age of majority in her nation,

I believe that violates the patient privacy clauses of PRA. There was an earlier "parental notification" proposal that was on the forums that was ruled illegal (due to contradiction) on those grounds.


However...

PRA wrote:(VIII) For the purposes of this legislation, "patient" may also refer to a legal guardian if the patient is under the age of majority, or is an adult unable to understand their rights under this Act.


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Postby Mousebumples » Fri Jan 21, 2011 10:57 am

PRA wrote:(VIII) For the purposes of this legislation, "patient" may also refer to a legal guardian if the patient is under the age of majority, or is an adult unable to understand their rights under this Act.

Honestly, I'm not sure at this point. All of the abortion debates have kinda run together in my head. You'll probably be able to find a reason/explanation if you check out the previous Parental Notification Act (or whatever CD called it), but I'm not suicidal enough to want to dig through that dreck again.

Also, as ruled by The Secretariat in one of the previous abortion threads, the following clause is a problem (not with PRA, but just in general):
CLARIFIES that the provisions of this resolution shall apply only to placental human beings.

It's pretty much an optionality clause, as it doesn't apply to all WA member nations. Again, I'm not going to re-argue the same arguments that we've been having for the the past few months, but that's also a problem.
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Postby Kryozerkia » Fri Jan 21, 2011 11:21 am

New Leicestershire wrote:
Kryozerkia wrote:<snip>...violation of resolutions #29 and <snip>....


As the author of Patient's Rights Act I'd just like to ask....what the hell are you talking about?

David Watts
Ambassador
The Dominion of New Leicestershire

Taken in conjunction with the Privacy Act, it essentially means that a minor is not obligated to disclose her age, and thus can't be required to obtain parental consent in order to obtain an abortion. There is the confidentiality element which is also taken into consideration along with the individual not having to disclose her age. This issue was covered in a previous attempt - the Parental Consent Act as drafted by Christian Democrats. The reasoning for that is much the same as here.
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New Leicestershire
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Postby New Leicestershire » Fri Jan 21, 2011 11:25 am

Kryozerkia wrote:
New Leicestershire wrote:
As the author of Patient's Rights Act I'd just like to ask....what the hell are you talking about?

David Watts
Ambassador
The Dominion of New Leicestershire

Taken in conjunction with the Privacy Act, it essentially means that a minor is not obligated to disclose her age, and thus can't be required to obtain parental consent in order to obtain an abortion. There is the confidentiality element which is also taken into consideration along with the individual not having to disclose her age. This issue was covered in a previous attempt - the Parental Consent Act as drafted by Christian Democrats. The reasoning for that is much the same as here.

Then it violates the Privacy Act, but you can't cite it as violating PRA because it plainly does not.

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Eternal Yerushalayim
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Postby Eternal Yerushalayim » Fri Jan 21, 2011 5:21 pm

"(B) Informational Privacy: the right to withhold information about oneself, including a persons race, sex, religious and sexual orientation, etc."
Very simple, they can choose to withhold information and shall not receive the services.
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Rawrgirnia
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Postby Rawrgirnia » Fri Jan 21, 2011 5:34 pm

Eternal Yerushalayim wrote:REQUIRES Parental Notification for all abortions performed on a minor who is below the stipulated age of majority in her nation,

PROTECTS physicians from being prosecuted for refusing to perform an abortion on moral and/or religious grounds,


Rawrgirnia can not support this as long as these clauses remain a part of the bill.

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Eternal Yerushalayim
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Postby Eternal Yerushalayim » Fri Jan 21, 2011 5:39 pm

Rawrgirnia wrote:
Eternal Yerushalayim wrote:REQUIRES Parental Notification for all abortions performed on a minor who is below the stipulated age of majority in her nation,

PROTECTS physicians from being prosecuted for refusing to perform an abortion on moral and/or religious grounds,


Rawrgirnia can not support this as long as these clauses remain a part of the bill.


Actually the second one is part of "On Abortion".
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