The Great Boom wrote:Enforcement on banning homosexuality ranged anywhere from inconsistent to fervent, I agree. But that doesn't change the issue here, which is that criminalising something entails some form of consequence, by nature of the word criminalize.
OOC: So you agree but don't agree at the same time? How does that work?
If the resolution laid out specifc penalties
Which are a freaking bad idea and would likely be enough to sink it at vote. Nations (aka people with WA nations) tend to not like being told exactly how they must punish their criminals.
or even any form of guideline at all, then one could make the case it's getting around creative compliance.
"Getting around creative compliance" sounds weird, given that creative compliance means reading the letter of the law and not the spirit of the law. You really can't make a resolution completely airtight as per creative compliance.
Ask yourself this, what is the harm in getting rid of all the redundant clauses? There's no harm, and it makes the resolution clear and concise to interpret for voters nad the nations enforcing it.
*shrug* It's not my proposal. Yet, if something criminalized but no punishment is required, that can also be problematic. Or are you asking for it to not be criminalized at all? If WA bans something and you do it anyway, you are still breaking a law (WA resolutions count above national ones) and thus a criminal, but might not get a criminal record.
Though, something better does come to mind as a possibility - banning the person from working in the healthcare system of WA nations. It might not be a matter of criminal record, but would presumably go in some national record somewhere, and would be a much more apt punishment than any fine or jailtime. Though then there should be some mention of
intentionally performing an illegal sterilization, because if the person didn't know it was illegal (say, only one parent/guardian giving consent without the other's knowledge, or someone forging consent for someone already under anesthesia - weirder things have happened in RL) and acted in good faith, then they shouldn't be punished for malicious actions.