[DISCARDED] Freedom to Seek Care

[New Waldensia]

Bears Armed: does this change address that concern?

Freedom to Seek Care
Category: Human Rights
Strength: Mild

Believing that individuals possess an inalienable right to seek medical care of their own accord and at their own expense, above and beyond that which may be provided for them by their government or by their nation's laws,‎

Understanding that medical treatment is a complex issue and requires great care, and that health-care needs can be difficult to adequately treat without the proper resources, technology, training and expertise,

Aware that many nations do not have said resources and training available in their medical facilities, and that many rare diseases and disorders occur in such limited instances that some nations have little or no experience treating them,

Concerned that some nations may be harming their citizens by mandating that they be medically treated within their own borders, when better treatment may be obtained elsewhere,

The General Assembly:

SECTION 1: Prohibits member nations from denying or restricting individuals and their dependents from seeking healthcare in other nations at their own expense, 

SECTION 2: Urges member nations on both ends of the travel to expedite their legal processes for travel or immigration to medical patients, and in the case of dependents their guardians or caretakers as well, or to those who urgently request and demonstrate a need for medical care abroad.

SECTION 3: Prohibits member nations from discriminating in their immigration policies against non-citizens seeking medical treatment, with the exception that nations may set their own policies and restrictions regarding the acceptance of patients with infectious diseases.

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

SECTION 5: Prohibits member nations from prosecuting citizens who seek medical treatments or operations abroad that are illegal or banned within their own borders but that have not been banned by the General Assembly, and requires that individuals who obtain such treatment be accepted back into their home nation without prejudice or any legal repercussions of any sort.‎

SECTION 6: Declares that the government of the patient's nation of origin is not obligated or financially responsible in any way for transport or medical treatment sought abroad, and that such arrangements must be made by and financed by the person(s) seeking treatment, or by their legal guardians or representation.‎

Co-authored by United Massachusetts‎

[Bears Armed]

Bears Armed: does this change address that concern?

Freedom to Seek Care
Category: Human Rights
Strength: Mild

Believing that individuals possess an inalienable right to seek medical care of their own accord and at their own expense, above and beyond that which may be provided for them by their government or by their nation's laws,‎

Understanding that medical treatment is a complex issue and requires great care, and that health-care needs can be difficult to adequately treat without the proper resources, technology, training and expertise,

Aware that many nations do not have said resources and training available in their medical facilities, and that many rare diseases and disorders occur in such limited instances that some nations have little or no experience treating them,

Concerned that some nations may be harming their citizens by mandating that they be medically treated within their own borders, when better treatment may be obtained elsewhere,

The General Assembly:

SECTION 1: Prohibits member nations from denying or restricting individuals and their dependents from seeking healthcare in other nations at their own expense, 

SECTION 2: Urges member nations on both ends of the travel to expedite their legal processes for travel or immigration to medical patients, and in the case of dependents their guardians or caretakers as well, or to those who urgently request and demonstrate a need for medical care abroad.

SECTION 3: Prohibits member nations from discriminating in their immigration policies against non-citizens seeking medical treatment, with the exception that nations may set their own policies and restrictions regarding the acceptance of patients with infectious diseases.

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

SECTION 5: Prohibits member nations from prosecuting citizens who seek medical treatments or operations abroad that are illegal or banned within their own borders but that have not been banned by the General Assembly, and requires that individuals who obtain such treatment be accepted back into their home nation without prejudice or any legal repercussions of any sort.‎

SECTION 6: Declares that the government of the patient's nation of origin is not obligated or financially responsible in any way for transport or medical treatment sought abroad, and that such arrangements must be made by and financed by the person(s) seeking treatment, or by their legal guardians or representation.‎

Co-authored by United Massachusetts‎

Yes.

[Catlander]

What happens if some nation skip or ignore the rules?

[States of Glory WA Office]

Neville: GA #279 a.k.a. Right of Emigration gives member states the right to restrict emigration in certain circumstances. You'll have to find a way to work around that.

[New Waldensia]

So, why is immigration included? Surely a nation shouldn't be forced to admit chronically sick immigrants, who will likely just be a burden to its healthcare and welfare systems? Traveling abroad temporarily to seek a particular cure I can understand, but no nation should be forced to take in immigrants they don't want. (I'm also almost certain that there's a resolution that allows nations to require traveling visas from all incoming people.).

My intent is limited to citizens from one nation seeking treatment in another, so perhaps "temporary legal status" is a better wording? I mentioned immigration policies because I couldn't come up with a different way of working that, as most travelers in a way are processed through or effected by such policies. Perhaps you can suggest an alternative wording?

[Araraukar]

Neville: GA #279 a.k.a. Right of Emigration gives member states the right to restrict emigration in certain circumstances. You'll have to find a way to work around that.

OOC: There's also GA #76, Standardised Passport Act, which mentions visas, allowing receiving nations to require visas, which they have the right to issue. And that people can be denied entry even if they have the travelling documents, if it's believed they'll violate the terms of the visa.

So put together it sounds entirely legal for a nation to put terms in the visa that forbid medical tourism (which many RL nations have, especially the ones with universal healthcare). So any clause mandating it should probably become an encouraging one instead.

[Fauxia]

Neville: GA #279 a.k.a. Right of Emigration gives member states the right to restrict emigration in certain circumstances. You'll have to find a way to work around that.

I don't see how that prevents anything in this proposal.

[States of Glory WA Office]

Neville: GA #279 a.k.a. Right of Emigration gives member states the right to restrict emigration in certain circumstances. You'll have to find a way to work around that.

I don't see how that prevents anything in this proposal.

Neville: The prohibition in Section One is absolute.

[Fauxia]

I don't see how that prevents anything in this proposal.

Neville: The prohibition in Section One is absolute.

Well then that must be modified.

[New Waldensia]

How about this?

Freedom to Seek Care
Category: Human Rights
Strength: Mild

Believing that individuals possess an inalienable right to seek medical care of their own accord and at their own expense, above and beyond that which may be provided for them by their government or by their nation's laws,‎

Understanding that medical treatment is a complex issue and requires great care, and that health-care needs can be difficult to adequately treat without the proper resources, technology, training and expertise,

Aware that many nations do not have said resources and training available in their medical facilities, and that many rare diseases and disorders occur in such limited instances that some nations have little or no experience treating them,

Concerned that some nations may be harming their citizens by mandating that they be medically treated within their own borders, when better treatment may be obtained elsewhere,

The General Assembly:

SECTION 1: Prohibits member nations from denying or restricting individuals citizens and their dependents from seeking healthcare in other nations at their own expense, 

SECTION 2: Urges member nations on both ends of the travel to expedite their legal processes for travel or immigration to medical patients, and in the case of dependents their guardians or caretakers as well, or to those who urgently request and demonstrate a need for medical care abroad.

SECTION 3: Prohibits member nations from discriminating in their immigration travel policies against non-citizens seeking medical treatment, with the exception that nations may set their own policies and restrictions regarding the acceptance of patients with infectious diseases. in the following instances:
(A) The patient is subject to a medically legitimate and necessary quarantine,
(B) The patient has been diagnosed with an infectious disease,
(C) The patient is awaiting trial, undergoing legal proceedings, or if they are carrying out a sentence as a result of such legal proceedings,
(D) The patient has a warrant existing for their arrest,
(E) The recipient nation or the nation of origin has probable cause to believe that the patient is traveling for the purpose of committing a crime unrelated to any possible crime committed in the medical treatment being sought (such as a treatment or operation deemed unlawful in the patient's nation of origin),
(F) The patient is a non-emancipated minors traveling without the consent of a legal guardian,
(G) The patient is legitimately determined to be mentally unable to make the decision to travel of their own accord.

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

SECTION 5: Prohibits member nations from prosecuting citizens who seek medical treatments or operations abroad that are illegal or banned within their own borders but that have not been banned by the General Assembly, and requires that individuals who obtain such treatment be accepted back into their home nation without prejudice or any legal repercussions of any sort based on their medical treatment.‎

SECTION 6: Declares that the government of the patient's nation of origin is not obligated or financially responsible in any way for transport or medical treatment sought abroad, and that such arrangements must be made by and financed by the person(s) seeking treatment, or by their legal guardians or representation.‎

SECTION 7: Clarifies that no nation is required to accept foreign medical patients under this measure.

Co-authored by United Massachusetts‎

[Aclion]

You can't copy text from existing proposals.

[Potted Plants United]

You can't copy text from existing proposals.

OOC: And plagiarism (copying without permission) is one of the offenses that can get your account kicked out of the WA.

[New Waldensia]

You can't copy text from existing proposals.

OOC: And plagiarism (copying without permission) is one of the offenses that can get your account kicked out of the WA.

Gotcha, my bad.

I'll probably wait until after N-Day to come up with the needed changes on this.

[New Waldensia]

OOC: I plan to continue work on this proposal; N-Day and RL kinda have delayed things a bit.

[New Waldensia]

SUBMITTED: https://www.nationstates.net/page=UN_vi ... 1505754005

Freedom to Seek Care
Category: Human Rights
Strength: Mild

Believing that individuals possess an inalienable right to seek medical care of their own accord and at their own expense, above and beyond that which may be provided for them by their government or by their nation's laws,‎

Understanding that medical treatment is a complex issue and requires great care, and that health-care needs can be difficult to adequately treat without the proper resources, technology, training and expertise,

Aware that many nations do not have said resources and training available in their medical facilities, and that many rare diseases and disorders occur in such limited instances that some nations have little or no experience treating them,

Concerned that some nations may be harming their citizens by mandating that they be medically treated within their own borders, when better treatment may be obtained elsewhere,

The General Assembly:

SECTION 1: Prohibits member nations from denying or restricting citizens and their dependents from seeking healthcare in other nations at their own expense, 

SECTION 2: Urges member nations on both ends of the travel to expedite their legal processes for travel to medical patients, and in the case of dependents their guardians or caretakers as well, or to those who urgently request and demonstrate a need for medical care abroad.

SECTION 3: Prohibits member nations from discriminating in their travel policies against non-citizens solely for traveling to seek medical treatment.

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

SECTION 5: Prohibits member nations from prosecuting citizens who seek medical treatments or operations abroad that are illegal or banned within their own borders but that have not been banned by the General Assembly, and requires that individuals who obtain such treatment be accepted back into their home nation without prejudice or any legal repercussions based on their medical treatment.‎

SECTION 6: Declares that the government of the patient's nation of origin is not obligated or financially responsible in any way for transport or medical treatment sought abroad, and that such arrangements must be made by and financed by the person(s) seeking treatment, or by their legal guardians or representation.‎

SECTION 7: Clarifies that no nation is required to accept foreign medical patients under this measure.

Co-authored by United Massachusetts

[Fauxia]

Looks good to me.

[Tinfect Diplomatic Enclave]

Believing that individuals possess an inalienable right to seek medical care of their own accord and at their own expense, above and beyond that which may be provided for them by their government or by their nation's laws,‎

"And what justifies this supposed 'right', Ambassador?" Starts Feren, who had mysteriously appeared in the room as though he had always been there, "It would be quite absurd, arguably even unenforceable for many Member-States to do anything of the sort, and for others, such as the Imperium, there exists quite legitimate reasons to regulate or prohibit travel for certain 'medical' reasons. Simply put, Ambassador, the Imperium does not believe it acceptable for a parent to refuse proper treatment for their child, and to then travel to a foreign nation to have a branch burned over them and declared cured."

SECTION 1: Prohibits member nations from denying or restricting citizens and their dependents from seeking healthcare in other nations at their own expense,

"And thus arises the primary point of contention with the Imperium; the standards of healthcare in foreign nations cannot be accounted for by Imperial physicians and utilizing medical practices and personnel not authorized or deemed legitimate by the Imperium may result in great risk not only for the patient, but for other Citizens. To use our prior example, which is explicitly legalized by this clause, may even pose significant risks to foreign populations in the event of certain... more virulent, afflictions that a foreign nation may not have the resources or technology to adequately handle. And this is to speak nothing of the risk of death from substandard or ineffective treatments that may be commonplace in foreign nations; the aforementioned burning of a stick."

SECTION 2: Urges member nations on both ends of the travel to expedite their legal processes for travel to medical patients, and in the case of dependents their guardians or caretakers as well, or to those who urgently request and demonstrate a need for medical care abroad.

"I must note that the Imperium will not allow foreign citizens within its borders for any reason, least of to avail themselves of Imperial resources and technologies."

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

"I must ask, Ambassador, why it is this clause that is Non-Mandatory? Certainly it is among the least objectionable of the proposed."

SECTION 5: Prohibits member nations from prosecuting citizens who seek medical treatments or operations abroad that are illegal or banned within their own borders but that have not been banned by the General Assembly, and requires that individuals who obtain such treatment be accepted back into their home nation without prejudice or any legal repercussions based on their medical treatment.‎

"To yet again reuse our prior example, the Imperium would arrest both the parents, and the practitioner for the inevitable death of the child due to intentional improper treatment, or unjustifiable refusal of proper treatment, depending on whether the stick-burning involved any actual medical practice as a corollary. It is quite enough of an issue that the Imperium cannot guarantee the extradition of the practitioner, the Imperium certainly will not allow certain primitivistic elements of our populace to freely refuse proper medical treatment for their dependents and instead choose murder."

[United Massachusetts]

I apologize for my absence here

[New Waldensia]

Barring any legal issues with the current text, I'll probably submit this proposal in the next few days.

[States of Glory WA Office]

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

Neville: Why only 'urge'? Why not 'compel', 'require' or 'mandate'?

[Aclion]

Believing that individuals possess an inalienable right to seek medical care of their own accord and at their own expense, above and beyond that which may be provided for them by their government or by their nation's laws,‎

"And what justifies this supposed 'right', Ambassador?"

Bodily autonomy, same thing that justifies a right to abortion. Nations have no right to block a persons access to medical care.

"the Imperium does not believe it acceptable for a parent to refuse proper treatment for their child, and to then travel to a foreign nation to have a branch burned over them and declared cured."

The Imperiam is not a member of this assembly, Ambassador; as such it's beliefs mean fuck all.

[New Waldensia]

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

Neville: Why only 'urge'? Why not 'compel', 'require' or 'mandate'?

This is a generic and all-encompassing statement, whereas the other points refer to specific policy.

[New Waldensia]

SUBMITTED: https://www.nationstates.net/page=UN_vi ... 1505762816

Freedom to Seek Care
Category: Human Rights
Strength: Mild

Believing that individuals possess an inalienable right to seek medical care of their own accord and at their own expense, above and beyond that which may be provided for them by their government or by their nation's laws,‎

Understanding that medical treatment is a complex issue and requires great care, and that health-care needs can be difficult to adequately treat without the proper resources, technology, training and expertise,

Aware that many nations do not have said resources and training available in their medical facilities, and that many rare diseases and disorders occur in such limited instances that some nations have little or no experience treating them,

Concerned that some nations may be harming their citizens by mandating that they be medically treated within their own borders, when better treatment may be obtained elsewhere,

The General Assembly:

SECTION 1: Prohibits member nations from denying or restricting citizens and their dependents from seeking healthcare in other nations at their own expense, 

SECTION 2: Urges member nations on both ends of the travel to expedite their legal processes for travel to medical patients, and in the case of dependents their guardians or caretakers as well, or to those who urgently request and demonstrate a need for medical care abroad.

SECTION 3: Prohibits member nations from discriminating in their travel policies against non-citizens solely for traveling to seek medical treatment.

SECTION 4: Urges member nations to respect the rights of all patients and their legal representatives.

SECTION 5: Prohibits member nations from prosecuting citizens who seek medical treatments or operations abroad that are illegal or banned within their own borders but that have not been banned by the General Assembly, and requires that individuals who obtain such treatment be accepted back into their home nation without prejudice or any legal repercussions based on their medical treatment.‎

SECTION 6: Declares that the government of the patient's nation of origin is not obligated or financially responsible in any way for transport or medical treatment sought abroad, and that such arrangements must be made by and financed by the person(s) seeking treatment, or by their legal guardians or representation.‎

SECTION 7: Clarifies that no nation is required to accept foreign medical patients under this measure.

Co-authored by United Massachusetts

[Fauxia]

Good luck friend.

[Separatist Peoples]

"While we believe this could have been better polished (a criticism that rests with me for not reaching out than the author for not asking directly), we have no objections to this policy."