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[DRAFT] Born Alive Abortion Survivors Protection Act

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Kenmoria
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Postby Kenmoria » Mon Apr 01, 2019 1:35 pm

“I have made some more comments, still in red, on this improved draft.”
Democratic Parndia wrote:
Understanding that all life is valuable especially when a life is just born. Why especially? I don’t disagree, but you need to say why.

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. There are multiple worlds in which the WA exists, so this clause could read ‘many member nations’, or something similar.

Recognizing that life comes in many forms across the World. The same comment also applies here.

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. Such as? Be specific.

Protects any living being born alive following a failed abortion, will be protected as a living, breathing being. This still doesn’t make sense grammatically, and you need to be more precise.

Born alive abortion survivors are entitled to the same medical attention as any other living being. This is already true due to GA #035.

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. What if a country doesn’t seperate murder into degrees of severity?


“On another note, what is your intended category and strength for this proposal?”
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Democratic Parndia
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Postby Democratic Parndia » Mon Apr 01, 2019 1:46 pm

Kenmoria wrote:“I have made some more comments, still in red, on this improved draft.”
Democratic Parndia wrote:
Understanding that all life is valuable especially when a life is just born. Why especially? I don’t disagree, but you need to say why.

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. There are multiple worlds in which the WA exists, so this clause could read ‘many member nations’, or something similar.

Recognizing that life comes in many forms across the World. The same comment also applies here.

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. Such as? Be specific.

Protects any living being born alive following a failed abortion, will be protected as a living, breathing being. This still doesn’t make sense grammatically, and you need to be more precise.

Born alive abortion survivors are entitled to the same medical attention as any other living being. This is already true due to GA #035.

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. What if a country doesn’t seperate murder into degrees of severity?


“On another note, what is your intended category and strength for this proposal?”



Thank you for your help, I will work on those changes and have an updated proposal soon.

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Wallenburg
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Postby Wallenburg » Mon Apr 01, 2019 2:03 pm

Democratic Parndia wrote:I have updated the proposal with all of your suggestions, please let me know if I should make any further changes!

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.

Updated drafts should go in the OP. You can replace the draft in your first post by pressing the EDIT button and pasting it in there. It is also common, but not universal, practice to preserve old drafts in [spoilers].
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Democratic Parndia
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NEW DRAFT

Postby Democratic Parndia » Mon Apr 01, 2019 2:09 pm

Born Alive Abortion Survivors Protection Act

CIVIL RIGHTS, Strong

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.
Last edited by Democratic Parndia on Tue Apr 02, 2019 1:00 pm, edited 1 time in total.

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Democratic Parndia
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Edits Needed

Postby Democratic Parndia » Mon Apr 01, 2019 5:13 pm

Hi, please let me know if you guys have any further criticisms or edits. Thank you!

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Iciaros
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Postby Iciaros » Mon Apr 01, 2019 6:09 pm

(OOC: As before, I would still advise that you remove references to prosecution. In many constitutional states, prosecutors are supposed to be independent, and neither the Prime Minister/President/Cabinet/other treaty-signer, nor the legislature, is supposed to tell them how to exercise their prosecutorial discretion. Obeying this clause would entail violating (a facet of) the separation of powers, which is a core feature of many constitutional states.

Aside from that, this still may be seen as duplicating GAR#222, or violating GAR#285 (by outlawing euthanasia conducted on infants), as discussed on the previous page.)
Last edited by Iciaros on Mon Apr 01, 2019 7:06 pm, edited 1 time in total.
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Postby New Bremerton » Mon Apr 01, 2019 8:07 pm

Just so we're clear, Mr. Ambassador, this proposal doesn't criminalize young, teenage mothers who abandon or murder their newborn infants in a fit of confusion and desperation, in nations where contraception and abortions are illegal or parental consent for an abortion is required, "illicit" pregnancies out of wedlock are frowned upon by society and rape victims are routinely blamed for their own predicament? Because that's a moral gray area that would result in me voting against. But since this proposal only criminalizes the murder/neglect of infants by trained doctors, I'm giving it a provisional FOR vote, pending a final draft.
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Postby Shazbotdom » Mon Apr 01, 2019 8:12 pm

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Iciaros
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Postby Iciaros » Mon Apr 01, 2019 8:20 pm

New Bremerton wrote:Just so we're clear, Mr. Ambassador, this proposal doesn't criminalize young, teenage mothers who abandon or murder their newborn infants in a fit of confusion and desperation, in nations where contraception and abortions are illegal or parental consent for an abortion is required, "illicit" pregnancies out of wedlock are frowned upon by society and rape victims are routinely blamed for their own predicament? Because that's a moral gray area that would result in me voting against. But since this proposal only criminalizes the murder/neglect of infants by trained doctors, I'm giving it a provisional FOR vote, pending a final draft.


(OOC: I believe this proposal does indeed criminalise that particular behaviour you mentioned, given the second clause after the preamble:

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.


This, unlike the final clause, does not have a limit to doctors only, and I believe it will extend to all parties, including young teenage mothers.

Aside from this, some other notes: In my personal opinion, this clause goes a bit far, because clearly 'leaving something to die' would not be murder if the being does not, in fact, die; it would only attempted murder, which can attract different penalties. Also, not every instance of attempted homicide or actual homicide amounts to murder; that is why countries have categories like "manslaughter" or "culpable homicide not amounting to murder" when the act causes death but may not necessarily amount to murder.)
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New Bremerton
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Postby New Bremerton » Mon Apr 01, 2019 11:14 pm

Iciaros wrote:
New Bremerton wrote:Just so we're clear, Mr. Ambassador, this proposal doesn't criminalize young, teenage mothers who abandon or murder their newborn infants in a fit of confusion and desperation, in nations where contraception and abortions are illegal or parental consent for an abortion is required, "illicit" pregnancies out of wedlock are frowned upon by society and rape victims are routinely blamed for their own predicament? Because that's a moral gray area that would result in me voting against. But since this proposal only criminalizes the murder/neglect of infants by trained doctors, I'm giving it a provisional FOR vote, pending a final draft.


(OOC: I believe this proposal does indeed criminalise that particular behaviour you mentioned, given the second clause after the preamble:

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.


This, unlike the final clause, does not have a limit to doctors only, and I believe it will extend to all parties, including young teenage mothers.

Aside from this, some other notes: In my personal opinion, this clause goes a bit far, because clearly 'leaving something to die' would not be murder if the being does not, in fact, die; it would only attempted murder, which can attract different penalties. Also, not every instance of attempted homicide or actual homicide amounts to murder; that is why countries have categories like "manslaughter" or "culpable homicide not amounting to murder" when the act causes death but may not necessarily amount to murder.)


Many countries impose a separate charge of infanticide distinct from murder/homicide, which applies to mothers who kill their infants shortly after birth and typically carries a lesser penalty. This proposal appears to invalidate such a necessary distinction and may result in a young mother being sentenced to life/death (the latter currently suspended in member states by WA legislation) by a heartless judge when a lesser sentence would suffice. We would like to thank the Ambassador from Iciaros for bringing this to our attention and change our provisional vote to AGAINST.
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Bananaistan
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Postby Bananaistan » Tue Apr 02, 2019 1:26 am

Democratic Parndia wrote:
Born Alive Abortion Survivors Protection Act

CIVIL RIGHTS, Strong

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.


OOC: Did you just ignore all my posts on the previous page?

Atm this is illegal for duplication. Literally everything you're trying to do here is already covered by GAR#222.
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Postby Bears Armed » Tue Apr 02, 2019 8:24 am

New Bremerton wrote:Just so we're clear, Mr. Ambassador, this proposal doesn't criminalize young, teenage mothers who abandon or murder their newborn infants in a fit of confusion and desperation, in nations where contraception and abortions are illegal
OOC
That's currently supposed to be no WA nations anyway.
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Postby Israeli Tuamotu Archipelago » Tue Apr 02, 2019 12:17 pm

Bears Armed wrote:
New Bremerton wrote:Just so we're clear, Mr. Ambassador, this proposal doesn't criminalize young, teenage mothers who abandon or murder their newborn infants in a fit of confusion and desperation, in nations where contraception and abortions are illegal
OOC
That's currently supposed to be no WA nations anyway.

*Bans it anyway...*
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Postby The New Nordic Union » Tue Apr 02, 2019 12:24 pm

Israeli Tuamotu Archipelago wrote:
Bears Armed wrote:OOC
That's currently supposed to be no WA nations anyway.

*Bans it anyway...*


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Democratic Parndia
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Thank You For Suggestions, Updated Proposal!!

Postby Democratic Parndia » Tue Apr 02, 2019 1:01 pm

Democratic Parndia wrote:Born Alive Abortion Survivors Protection Act

CIVIL RIGHTS, Strong

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.


Updated proposal, I will be reading through all comments and concerns so we can get this bill to pass! Thank you for your suggestions!

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Postby Democratic Parndia » Tue Apr 02, 2019 1:04 pm

Iciaros wrote:
New Bremerton wrote:Just so we're clear, Mr. Ambassador, this proposal doesn't criminalize young, teenage mothers who abandon or murder their newborn infants in a fit of confusion and desperation, in nations where contraception and abortions are illegal or parental consent for an abortion is required, "illicit" pregnancies out of wedlock are frowned upon by society and rape victims are routinely blamed for their own predicament? Because that's a moral gray area that would result in me voting against. But since this proposal only criminalizes the murder/neglect of infants by trained doctors, I'm giving it a provisional FOR vote, pending a final draft.


(OOC: I believe this proposal does indeed criminalise that particular behaviour you mentioned, given the second clause after the preamble:

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.


This, unlike the final clause, does not have a limit to doctors only, and I believe it will extend to all parties, including young teenage mothers.

Aside from this, some other notes: In my personal opinion, this clause goes a bit far, because clearly 'leaving something to die' would not be murder if the being does not, in fact, die; it would only attempted murder, which can attract different penalties. Also, not every instance of attempted homicide or actual homicide amounts to murder; that is why countries have categories like "manslaughter" or "culpable homicide not amounting to murder" when the act causes death but may not necessarily amount to murder.)


The new draft states that this will apply only to doctors

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Democratic Parndia
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Postby Democratic Parndia » Tue Apr 02, 2019 1:05 pm

New Bremerton wrote:
Iciaros wrote:
(OOC: I believe this proposal does indeed criminalise that particular behaviour you mentioned, given the second clause after the preamble:

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.


This, unlike the final clause, does not have a limit to doctors only, and I believe it will extend to all parties, including young teenage mothers.

Aside from this, some other notes: In my personal opinion, this clause goes a bit far, because clearly 'leaving something to die' would not be murder if the being does not, in fact, die; it would only attempted murder, which can attract different penalties. Also, not every instance of attempted homicide or actual homicide amounts to murder; that is why countries have categories like "manslaughter" or "culpable homicide not amounting to murder" when the act causes death but may not necessarily amount to murder.)


Many countries impose a separate charge of infanticide distinct from murder/homicide, which applies to mothers who kill their infants shortly after birth and typically carries a lesser penalty. This proposal appears to invalidate such a necessary distinction and may result in a young mother being sentenced to life/death (the latter currently suspended in member states by WA legislation) by a heartless judge when a lesser sentence would suffice. We would like to thank the Ambassador from Iciaros for bringing this to our attention and change our provisional vote to AGAINST.


I have updated the proposal so that your concerns were fixed and we hope to have your support

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Postby Imperium Anglorum » Tue Apr 02, 2019 1:11 pm

Don't triple post.

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Postby Araraukar » Tue Apr 02, 2019 1:34 pm

Democratic Parndia wrote:I have updated the proposal so that your concerns were fixed and we hope to have your support

OOC: Where did you put that draft, because the one in OP is still illegal for contradiction/duplication.
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Postby Kenmoria » Tue Apr 02, 2019 1:38 pm

Araraukar wrote:
Democratic Parndia wrote:I have updated the proposal so that your concerns were fixed and we hope to have your support

OOC: Where did you put that draft, because the one in OP is still illegal for contradiction/duplication.

(OOC: It’s here, though it should be in the OP, and is still illegal for duplication of GA #222 and contradiction of GA #285. The latter could be quite easily fixed by making a euthanasia exception, but the former will be almost impossible to get around.)
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Democratic Parndia
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Postby Democratic Parndia » Tue Apr 02, 2019 2:12 pm

Kenmoria wrote:
Araraukar wrote:OOC: Where did you put that draft, because the one in OP is still illegal for contradiction/duplication.

(OOC: It’s here, though it should be in the OP, and is still illegal for duplication of GA #222 and contradiction of GA #285. The latter could be quite easily fixed by making a euthanasia exception, but the former will be almost impossible to get around.)


Thank you, I will update that

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Bananaistan
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Postby Bananaistan » Tue Apr 02, 2019 2:14 pm

Bananaistan wrote:
Democratic Parndia wrote:
Born Alive Abortion Survivors Protection Act

CIVIL RIGHTS, Strong

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.


OOC: Did you just ignore all my posts on the previous page?

Atm this is illegal for duplication. Literally everything you're trying to do here is already covered by GAR#222.


OOC: Why the fuck is everyone ignoring this?
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Araraukar
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Postby Araraukar » Tue Apr 02, 2019 2:26 pm

Bananaistan wrote:OOC: Why the fuck is everyone ignoring this?

OOC: Because they're masochists and like banging their head on a wall? Why Kenmoria hasn't noticed it, I dunno, because they usually notice such things quickly.
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Postby Wrapper » Tue Apr 02, 2019 2:43 pm

Bananaistan wrote:
Bananaistan wrote:OOC: Did you just ignore all my posts on the previous page?

Atm this is illegal for duplication. Literally everything you're trying to do here is already covered by GAR#222.

OOC: Why the fuck is everyone ignoring this?

OOC: Because think of the children!

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Araraukar
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Postby Araraukar » Tue Apr 02, 2019 2:49 pm

Wrapper wrote:OOC: Because think of the children!

OOC: Unfortunately not everyone here will understand the sarcasm as being sarcasm... :P
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