[DRAFT] Born Alive Abortion Survivors Protection Act

[Iciaros]

(OOC: This has already been done by Prevention of Child Abuse. Therefore, if submitted, your proposal will be illegal for duplication. You need to either find some ground that hasn’t been covered by 222, or just find another idea on which to work.)

Our Proposal is completely different from that proposal, ours directly has to do with abortion and survivors of abortion, not at all talked about in that proposal. Our proposal is completely legal and not at all duplicated because they are two different subjects.

(OOC: As previously discussed at length, Prevention of Child Abuse protects children, and any individuals born as a result of a failed abortion would be classified as children under any reasonable interpretation. Are you arguing that such survivors of abortion could reasonably not be considered children, and thus are not protected under GAR#222?)

[Democratic Parndia]

Our Proposal is completely different from that proposal, ours directly has to do with abortion and survivors of abortion, not at all talked about in that proposal. Our proposal is completely legal and not at all duplicated because they are two different subjects.

(OOC: As previously discussed at length, Prevention of Child Abuse protects children, and any individuals born as a result of a failed abortion would be classified as children under any reasonable interpretation. Are you arguing that such survivors of abortion could reasonably not be considered children, and thus are not protected under GAR#222?)

Some nations do not consider survivors of abortion children and allow infanticide to take place. This proposal is simply making infanticide illegal and classified as a criminal act. We need to ensure that these innocent, born alive acts are protected. Additionally, some living beings born alive following an abortion were left out to die (many cases of that happening). This proposal is completely different from that one and has its own purpose.

[Democratic Parndia]

Please let me know if any part of the bill you think should be adjusted or changed. I have already addressed previous concerns so any new concerns. I hope to have your support when we put this bill up for a vote to ensure that survivors of abortion, are protected under a law just for them! Thank you!

[Maowi]

(OOC: As previously discussed at length, Prevention of Child Abuse protects children, and any individuals born as a result of a failed abortion would be classified as children under any reasonable interpretation. Are you arguing that such survivors of abortion could reasonably not be considered children, and thus are not protected under GAR#222?)

Some nations do not consider survivors of abortion children and allow infanticide to take place. This proposal is simply making infanticide illegal and classified as a criminal act. We need to ensure that these innocent, born alive acts are protected. Additionally, some living beings born alive following an abortion were left out to die (many cases of that happening). This proposal is completely different from that one and has its own purpose.

OOC: GAR 222 defines a child as 'any individual under the national threshold of majority, or equivalent'. Therefore survivors of abortion are children and fall under Prevention of Child Abuse, which bans 'the causing of excessive physical pain, injury or harm with a malicious intent, or through negligence'. I would argue that leaving a child out to die is in fact the causing of excessive harm through negligence. This has already been covered.

[Marxist Germany]

This has already been covered.

OOC:He will never understand

[Iciaros]

Some nations do not consider survivors of abortion children and allow infanticide to take place. This proposal is simply making infanticide illegal and classified as a criminal act. We need to ensure that these innocent, born alive acts are protected. Additionally, some living beings born alive following an abortion were left out to die (many cases of that happening). This proposal is completely different from that one and has its own purpose.

OOC: GAR 222 defines a child as 'any individual under the national threshold of majority, or equivalent'. Therefore survivors of abortion are children and fall under Prevention of Child Abuse, which bans 'the causing of excessive physical pain, injury or harm with a malicious intent, or through negligence'. I would argue that leaving a child out to die is in fact the causing of excessive harm through negligence. This has already been covered.

(OOC: Maowi is correct. It doesn't matter if nations don't want to consider survivors of abortion as children. What matters is that, by the definition in GAR#222, they must be considered children. GAR#222 already affords children - and therefore any infants - all the protections this proposal aims to create. So long as there is no way to say that infants / abortion survivors are not 'individuals under the age of majority', it simply has to be the case that they are already protected.

[Bears Armed]

OOC: GAR 222 defines a child as 'any individual under the national threshold of majority, or equivalent'. Therefore survivors of abortion are children and fall under Prevention of Child Abuse, which bans 'the causing of excessive physical pain, injury or harm with a malicious intent, or through negligence'. I would argue that leaving a child out to die is in fact the causing of excessive harm through negligence. This has already been covered.

(OOC: Maowi is correct. It doesn't matter if nations don't want to consider survivors of abortion as children. What matters is that, by the definition in GAR#222, they must be considered children. GAR#222 already affords children - and therefore any infants - all the protections this proposal aims to create. So long as there is no way to say that infants / abortion survivors are not 'individuals under the age of majority', it simply has to be the case that they are already protected.

OOC
GAR#222 protects them against malicious intent and negligence, but not against deliberate euthanasia. However, GAR#285 recognizes member nations' right to decide for themselves on the legality of euthanasia,which a ban here would contradict. Therefore, this is illegal. [one-sixth of GenSec].

[Imperium Anglorum]

OOC
GAR#222 protects them against malicious intent and negligence, but not against deliberate euthanasia. However, GAR#285 recognizes member nations' right to decide for themselves on the legality of euthanasia,which a ban here would contradict. Therefore, this is illegal. [one-sixth of GenSec].

You would say that CD's resolution prohibits the Assembly from banning the deliberate euthanisation of infants?

[Bears Armed]

OOC
GAR#222 protects them against malicious intent and negligence, but not against deliberate euthanasia. However, GAR#285 recognizes member nations' right to decide for themselves on the legality of euthanasia,which a ban here would contradict. Therefore, this is illegal. [one-sixth of GenSec].

You would say that CD's resolution prohibits the Assembly from banning the deliberate euthanisation of infants?

OOC
Actually, looking further into the legislation, I'm going to throw that point out for discussion.
GAR#285's clause that

Grants every member state, subject only to this resolution and active resolutions previously adopted by this Assembly, the authority to determine for itself the legal status of assisted suicide and euthanasia in its jurisdiction;

would seem to do so, but elsewhere in its text there is a requirement that euthanasia be consenual... However, if a euthanasia is considered to be a medical treatment then GAR#29 potentially allows treatment of people without their own consent if (as would probably be the case for newborn children) they are determined not to be legally competent.

[Araraukar]

However, if a euthanasia is considered to be a medical treatment then GAR#29 potentially allows treatment of people without their own consent if (as would probably be the case for newborn children) they are determined not to be legally competent.

OOC: That resolution allows parents to install breast implants on a 3-yo (or a newborn for that matter), if they can find a doctor willing to do it...

Though I should hope that any reasonable nation would allow euthanasia on a newborn if the child was going to die regardless of treatment, but would suffer for hours or days before death. And that this proposal was changed to allow that as well.

[Israeli Tuamotu Archipelago]

You have my vote if this gets through

[Separatist Peoples]

You have my vote if this gets through

Ooc: boy you make no effort to consider legality, do you?

[Marxist Germany]

You have my vote if this gets through

Unless this gets to vote faster than gensec can handle (it will be discarded) or at least half of gensec think it's legal, it won't get to vote.

[Israeli Tuamotu Archipelago]

Born Alive Abortion Survivors Protection Act


CIVIL RIGHTS

Understanding that all life is valuable especially when a life is just born because they are a living, breathing independent being that is entitled to protection.

Affirming that all survivors of abortion shall be protected.

Dismayed that infanticide, the deliberate killing of a born alive living being from a pregnancy, is still taken place throughout the many member states.

Recognizing that life comes in many forms across the many member states.

The General Assembly hereby:

Affirms that any living being born alive following an abortion procedure, is a living being and is entitled to the basic right of life.

Protects any living being born alive following a failed abortion as a living being meaning that any harm done to the living being like leaving it to die or killing it when it is alive will be viewed as murder by the doctor.

Reaffirming precedent that born alive abortion survivors are entitled to the same medical attention as any other living being.

Criminalizes doctors who kill living beings born alive and any doctor who deliberately leaves a living being to die following a failed abortion by making the following actions a criminal act.

VERSION #4

Understanding that all life is valuable especially when a life is just born because they are a living, breathing independent being that is entitled to protection.

Affirming that all survivors of abortion shall be protected.

Dismayed that infanticide, the deliberate killing of a born alive living being from a pregnancy, is still taken place throughout the many member states.

Recognizing that life comes in many forms across the many member states.

The General Assembly hereby:

Affirms that any living being born alive following an abortion procedure, is a living being and is entitled to the basic right of life.

Protects any living being born alive following a failed abortion as a living being meaning that any harm done to the living being like leaving it to die or killing it when it is alive will be viewed as murder by the doctor.

Reaffirming precedent that born alive abortion survivors are entitled to the same medical attention as any other living being.

Criminalizes doctors who kill living beings born alive with the appropriate murder statute or if the nation has a infanticide statute and any doctor who deliberately leaves a living being to die following a failed abortion will also be prosecuted with the appropriate murder statute or if the nation has a infanticide statute.

VERSION #3
Understanding that all life is valuable especially when a life is just born because they are a living, breathing independent being that is entitled to protection.

Affirming that all survivors of abortion shall be protected.

Dismayed that infanticide, the deliberate killing of a born alive living being from a pregnancy, is still taken place throughout the many member states.

Recognizing that life comes in many forms across the many member states.

The General Assembly hereby:

Affirms that any living being born alive following an abortion procedure, is a living being and is entitled to the basic right of life.

Protects any living being born alive following a failed abortion as a living being meaning that any harm done to the living being like leaving it to die or killing it when it is alive will be viewed as murder.

Reaffirming precedent that born alive abortion survivors are entitled to the same medical attention as any other living being.

Criminalizes doctors who kill living beings born alive with the appropriate murder statute and any doctor who deliberately leaves a living being to die following a failed abortion will also be prosecuted with the appropriate murder statute.


VERSION #2

Understanding that all life is valuable especially when a life is just born.

Affirming that all survivors of abortion shall be protected.

Dismayed that infanticide, the deliberate killing of a born alive living being from a pregnancy, is still taken place throughout the whole world.

Recognizing that life comes in many forms across the World.

The General Assembly hereby:

Affirms that any living being born alive following after an abortion procedure, is a living being and is entitled to the basic rights of life.

Protects any living being born alive following a failed abortion, will be protected as a living, breathing being.

Born alive abortion survivors are entitled to the same medical attention as any other living being.

Criminalizes doctors who kill living beings born alive with 2nd degree murder and any doctor who deliberately leaves a living being to die following a failed abortion will also be prosecuted with 2nd degree murder.

VERSION #1

Understanding that all human life is valuable especially when a baby is born.

Affirmating that all born alive babies shall be protected.

Dismayed that infanticide, the deliberate killing of a born alive baby, is still taken place throughout the whole world.

The General Assembly hereby:

Affirms that any child born alive following after an abortion procedure, is a human being and is entitled to the basic rights of life.

Protects any child born alive following a failed abortion, will be protected as a living human being.

Born alive abortion survivors are entitled to the same medical attention as any other child.

Criminalizes Doctors who kill babies born alive will be prosecuted to the highest extent of the law and any doctor who deliberately leaves a baby to die following a failed abortion will also be prosecuted to the highest extent of the law.

What if the baby is "Born Alive" per se but does not have a chance of survival for long? Should you let it suffer? Some cases a child can be born without lungs or other essential organs. Why not euthanize the ones who will suffer and die anyway?

[Kenmoria]

(OOC: As previously discussed at length, Prevention of Child Abuse protects children, and any individuals born as a result of a failed abortion would be classified as children under any reasonable interpretation. Are you arguing that such survivors of abortion could reasonably not be considered children, and thus are not protected under GAR#222?)

Some nations do not consider survivors of abortion children and allow infanticide to take place. This proposal is simply making infanticide illegal and classified as a criminal act. We need to ensure that these innocent, born alive acts are protected. Additionally, some living beings born alive following an abortion were left out to die (many cases of that happening). This proposal is completely different from that one and has its own purpose.

(OOC: It would be noncompliant to consider survivors of abortion not to be children, so would never occur. If a member state doesn’t follow the rules of GA #222, then there is no reason they would follow the rules of your proposal. I’m sorry, but your idea is a non-starter.)

[Marxist Germany]

You have my vote if this gets through

OOC:Nations deleted by mods can't vote. (I do not expect a reply)

[Democratic Parndia]

I do not see how this proposal is illegal. Many people and nations do not consider born alive survivors need protection which they do. There are many examples of born alive abortion survivors, they are real. I will be putting this bill up today and hope for your support. The supposed protections do not directly protect survivors of abortion.

[Kenmoria]

I do not see how this proposal is illegal. Many people and nations do not consider born alive survivors need protection which they do. There are many examples of born alive abortion survivors, they are real. I will be putting this bill up today and hope for your support. The supposed protections do not directly protect survivors of abortion.

(OOC: It does not matter how directly protection applies, it still works no matter what the surrounding context. For example, and this is a made up clause not one from any piece of GA law, ‘Bans murder in all member nations’, would ban murders of ethnic minorities, murders of clones and lab-grown people, murders of sexual minorities, murders done on an individual scale, murders done as part of a religious ritual, and murders of people who had an attempted abortion done unto them.)

[Bananaistan]

I do not see how this proposal is illegal. Many people and nations do not consider born alive survivors need protection which they do. There are many examples of born alive abortion survivors, they are real. I will be putting this bill up today and hope for your support. The supposed protections do not directly protect survivors of abortion.

OOC: Submit it and it will be marked illegal.