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[PASSED] Protecting Imprisoned Youths

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Ardiveds
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Founded: Feb 28, 2018
Ex-Nation

Postby Ardiveds » Mon May 24, 2021 1:50 am

Typica wrote:
Junitaki-cho wrote:The fuck? What does this mean? What does it do? This entire thread is about some protective confinement clause that was scrapped and I don't see a single justification for allowing parents to force their kids to hang out with adult prisoners.


Does seem the child's consent should be required as well. I would presume the "adult prisoners" a child's guardians might approve time with to be either parents or trustworthy role models. But yeah, the sentence is a badly constructed run-on and definitely deserves some clarification.

OOC: I think it was changed because there's another resolution that prohibits minors from providing consent. If this were to allow minors to provide consent, it would be im violation of contradiction rule.
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Kurdish Peoples
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Postby Kurdish Peoples » Mon May 24, 2021 3:41 am

We are thankful that at last this topic is brought up. The troubled youth should not be kept in prison. While we're at it we should ban solitary confinement for youths. Unless they are a active danger to other children or staff. Even then the mentally ill children that are a threat should be put in more psychiatric hospitals if possible.

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Daarwyrth
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Postby Daarwyrth » Mon May 24, 2021 3:45 am

Dame Maria vyn Nysen: "After a brief consultation with Her Majesty Queen Demi Maria, Daarwyrth moves to a vote 'for' this resolution proposal.

Imprisoned youth should be protected as the text of this resolution stipulates, and should be sheltered from potentially corrupting influences. We are glad this proposal has reached the voting floor and seems to be enjoying major support from the member nations."
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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 4:47 am

Junitaki-cho wrote:
Bans the holding of imprisoned youths with imprisoned adults for any purpose unless informed consent is given by all legal guardians of the minor, without any form of coercion, for them to meet with one or more imprisoned adults for a short period in a manner heavily supervised by prison staff,

The fuck? What does this mean? What does it do? This entire thread is about some protective confinement clause that was scrapped and I don't see a single justification for allowing parents to force their kids to hang out with adult prisoners.

Ever heard of beyond scared straight? That's basically what the clause allows. It also requires that it's heavily supervised, so the youths are safe.

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Typica
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Postby Typica » Mon May 24, 2021 6:12 am

Ardiveds wrote:
Typica wrote:Does seem the child's consent should be required as well. I would presume the "adult prisoners" a child's guardians might approve time with to be either parents or trustworthy role models. But yeah, the sentence is a badly constructed run-on and definitely deserves some clarification.


OOC: I think it was changed because there's another resolution that prohibits minors from providing consent. If this were to allow minors to provide consent, it would be im violation of contradiction rule.


With respect, that's messed up. How can such a consent law not be considered child abuse when it strips such basic autonomy? When and how are prison supervisors expected to intervene when they must coerce and compel youths into the presence of adults they find traumatizing? This is unacceptable.
Last edited by Typica on Mon May 24, 2021 6:13 am, edited 1 time in total.

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 6:26 am

Typica wrote:
Ardiveds wrote:
OOC: I think it was changed because there's another resolution that prohibits minors from providing consent. If this were to allow minors to provide consent, it would be im violation of contradiction rule.


With respect, that's messed up. How can such a consent law not be considered child abuse when it strips such basic autonomy? When and how are prison supervisors expected to intervene when they must coerce and compel youths into the presence of adults they find traumatizing? This is unacceptable.

They are expected to intervene because they are required to be present during these meetings. The parents must provide informed consent for the child to be in this situation. Informed consent requires accurate knowledge of what kind of situation the child will be in.

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Typica
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Postby Typica » Mon May 24, 2021 6:35 am

Jedinsto wrote:
Typica wrote:With respect, that's messed up. How can such a consent law not be considered child abuse when it strips such basic autonomy? When and how are prison supervisors expected to intervene when they must coerce and compel youths into the presence of adults they find traumatizing? This is unacceptable.

They are expected to intervene because they are required to be present during these meetings. The parents must provide informed consent for the child to be in this situation. Informed consent requires accurate knowledge of what kind of situation the child will be in.


How and when though?

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 6:38 am

Typica wrote:
Jedinsto wrote:They are expected to intervene because they are required to be present during these meetings. The parents must provide informed consent for the child to be in this situation. Informed consent requires accurate knowledge of what kind of situation the child will be in.


How and when though?

How- they stop any of the imprisoned adults from attacking the youths, by restraining them. When- as soon as they see shit happening. Was this not obvious?

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Typica
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Postby Typica » Mon May 24, 2021 6:57 am

Jedinsto wrote:
Typica wrote:
How and when though?

How- they stop any of the imprisoned adults from attacking the youths, by restraining them. When- as soon as they see shit happening. Was this not obvious?


By restraint you imply attacks only constitute immediate physical assault.
And it's unfortunate the only remedy is constraint. Why not end the session?
Why should attacks not include verbal threats of physical intimidation?
Yes these things are not obvious.

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 7:00 am

Typica wrote:
Jedinsto wrote:How- they stop any of the imprisoned adults from attacking the youths, by restraining them. When- as soon as they see shit happening. Was this not obvious?


By restraint you imply attacks only constitute immediate physical assault.
And it's unfortunate the only remedy is constraint. Why not end the session?
Why should attacks not include verbal threats of physical intimidation?
Yes these things are not obvious.

I was giving an example. There are obviously different situations in which staff would have to intervene. If the parents are informed of the risks and the staff is there to help, how they deal with these situations is now legally not my problem.

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Elwher
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Postby Elwher » Mon May 24, 2021 9:26 am

We see two flaws in the legislation as written that force us to vote nay, despite the obvious good intentions of the legislation.

First, any nation wishing to avoid the intent could simply reduce the age of majority for criminal actions to whatever age they want, thereby making the youths otherwise covered legal adults.

Second, and this is a much more minor point, requiring the consent of all legal guardians has the potential problem of allowing one guardian to prevent such contact just to spite the other one.
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New Horissnia
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Postby New Horissnia » Mon May 24, 2021 9:27 am

New Horissnia simply cannot afford the expenses attached with the bill's demands to "improve conditions" for underage convicts. We are voting NO.
Last edited by New Horissnia on Mon May 24, 2021 9:29 am, edited 1 time in total.

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 9:34 am

New Horissnia wrote:New Horissnia simply cannot afford the expenses attached with the bill's demands to "improve conditions" for underage convicts. We are voting NO.

That clause doesn't require anything. It's a recommendation.

First, any nation wishing to avoid the intent could simply reduce the age of majority for criminal actions to whatever age they want, thereby making the youths otherwise covered legal adults.

Second, and this is a much more minor point, requiring the consent of all legal guardians has the potential problem of allowing one guardian to prevent such contact just to spite the other one.

For the first thing- there are past resolutions to prevent that. I'll get some numbers for ya if necessary.

Second- I realized that during drafting, but I prefer that happening over one parent sending them into a program the other doesn't want the youth to be in for whatever reason.

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Greater Cesnica
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Postby Greater Cesnica » Mon May 24, 2021 9:37 am

Elwher wrote:We see two flaws in the legislation as written that force us to vote nay, despite the obvious good intentions of the legislation.

First, any nation wishing to avoid the intent could simply reduce the age of majority for criminal actions to whatever age they want, thereby making the youths otherwise covered legal adults.

"Ambassador, I would advise that you familiarize yourself with reasonable nation theory."
Last edited by Greater Cesnica on Mon May 24, 2021 9:37 am, edited 1 time in total.
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New Horissnia
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Postby New Horissnia » Mon May 24, 2021 9:41 am

Jedinsto wrote:
New Horissnia wrote:New Horissnia simply cannot afford the expenses attached with the bill's demands to "improve conditions" for underage convicts. We are voting NO.

That clause doesn't require anything. It's a recommendation.

I should have specified, clause 3A is still too costly.

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 9:41 am

Greater Cesnica wrote:
Elwher wrote:We see two flaws in the legislation as written that force us to vote nay, despite the obvious good intentions of the legislation.

First, any nation wishing to avoid the intent could simply reduce the age of majority for criminal actions to whatever age they want, thereby making the youths otherwise covered legal adults.

"Ambassador, I would advise that you familiarize yourself with reasonable nation theory."

"Thank you Ambassador McCooley. I was not aware of those precedents, either."

OOC: I remember the whole "Circumvention does not occur where circumvention would be detrimental to the circumventor" thingy but yeah I didn't know age of majority had its own thing.

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 9:42 am

New Horissnia wrote:
Jedinsto wrote:That clause doesn't require anything. It's a recommendation.

I should have specified, clause 3A is still too costly.

"If your nation does not have enough money to provide public healthcare or education, or even enough money to give imprisoned youths access to private healthcare and education, maybe you should reconsider holding youths in prison in the first place."

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Elwher
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Postby Elwher » Mon May 24, 2021 9:46 am

Greater Cesnica wrote:
Elwher wrote:We see two flaws in the legislation as written that force us to vote nay, despite the obvious good intentions of the legislation.

First, any nation wishing to avoid the intent could simply reduce the age of majority for criminal actions to whatever age they want, thereby making the youths otherwise covered legal adults.

"Ambassador, I would advise that you familiarize yourself with reasonable nation theory."


Many governmental entities already have a separate age of majority for criminal actions, and it is this distinction we were concerned could be exploited. For example, 16-year-olds can often be charged as adults despite their not having reached the age of majority in other areas of law.
CYNIC, n. A blackguard whose faulty vision sees things as they are, not as they ought to be. Hence the custom among the Scythians of plucking out a cynic's eyes to improve his vision.
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New Horissnia
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Postby New Horissnia » Mon May 24, 2021 9:46 am

Jedinsto wrote:
New Horissnia wrote:I should have specified, clause 3A is still too costly.

"If your nation does not have enough money to provide public healthcare or education, or even enough money to give imprisoned youths access to private healthcare and education, maybe you should reconsider holding youths in prison in the first place."

Assuming this dastardly attempt at legislation passes, in compliance with the clause, juvenile detainment facilities in New Horissnia will be privatized. The operating budget of the church alone cannot sustain education or "public healthcare" for these crooks, so those costs too will be delegated to private enterprise. Mind you, we will ensure that these services are provided.
Last edited by New Horissnia on Mon May 24, 2021 9:46 am, edited 1 time in total.

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 9:51 am

OOC: Again, nothing says you have to provide a public education or healthcare. Just putting that out there.

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Junitaki-cho
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Postby Junitaki-cho » Mon May 24, 2021 1:39 pm

Jedinsto wrote:
Junitaki-cho wrote:The fuck? What does this mean? What does it do? This entire thread is about some protective confinement clause that was scrapped and I don't see a single justification for allowing parents to force their kids to hang out with adult prisoners.

Ever heard of beyond scared straight? That's basically what the clause allows. It also requires that it's heavily supervised, so the youths are safe.

I thought those old "scared straight" programs involved taking non-prisoner kids in to scare the shit out of them, not abusing someone who's already been imprisoned.

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Jedinsto
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Postby Jedinsto » Mon May 24, 2021 1:53 pm

Junitaki-cho wrote:
Jedinsto wrote:Ever heard of beyond scared straight? That's basically what the clause allows. It also requires that it's heavily supervised, so the youths are safe.

I thought those old "scared straight" programs involved taking non-prisoner kids in to scare the shit out of them, not abusing someone who's already been imprisoned.

They were. It was so they would learn to avoid prison. And I fail to understand why somebody would consent (informedly and without coercion) to having their child "abused" in prison. Even if they did, it would likely violate other international law, or at least the prison would be in violation. And I never specified what these meetings can be. They can be reform programs, beyond scared straight but with kids who are already in prison, or anything, really.

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Bananaistan
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Postby Bananaistan » Mon May 24, 2021 3:26 pm

Elwher wrote:
Greater Cesnica wrote:"Ambassador, I would advise that you familiarize yourself with reasonable nation theory."


Many governmental entities already have a separate age of majority for criminal actions, and it is this distinction we were concerned could be exploited. For example, 16-year-olds can often be charged as adults despite their not having reached the age of majority in other areas of law.


"See GAR#299 which sets out the right of member states to set their own age of criminal responsibility. No point in criticising this for not contradicting existing legislation."
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Vikanias
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Postby Vikanias » Tue May 25, 2021 1:55 am

HAHAHA children in prison? Misconduct? What i’ve learned is that you abandon the kids in a forest and check back when their sentence is over. If they die. Meh, if you can’t beat up a polar bear with cuteness they are better off dead.
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Ardiveds
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Postby Ardiveds » Tue May 25, 2021 6:31 am

Vikanias wrote:HAHAHA children in prison? Misconduct? What i’ve learned is that you abandon the kids in a forest and check back when their sentence is over. If they die. Meh, if you can’t beat up a polar bear with cuteness they are better off dead.

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