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[PASSED] Access to Abortion

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Imperium Anglorum
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[PASSED] Access to Abortion

Postby Imperium Anglorum » Wed Apr 01, 2020 10:36 am

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Access to Abortion
Category: Health | Area of Effect: Healthcare



Whereas some rabidly anti-choice nations lack medical professionals willing to perform abortions, meaning the ability to access them is non-existent without funds needed for foreign travel, denying constructively abortion rights because of income and birth location:

And whereas discrimination in state policy or administration of tax on abortion recipients and providers is unfair and grossly unjust:

And whereas people have natural rights to property in their own person:

Be it enacted by this august World Assembly as follows:

  1. Definitions. In this resolution,
    1. abortion means a medical procedure to terminate a pregnancy deliberately,
    2. discrimination in tax, in relation to medical procedures, includes placing a burden in excess of that placed on other procedures of similar risk,
    3. IAO means Independent Adjudicative Office,
    4. recipient bona fide means a natural person demonstrating a bona fide desire for a commodity or service,
    5. resolution means General Assembly resolution,
    6. member means member nation, and
    7. tax includes solidarity contributions and other compulsory payments made to the state.
  2. Funding. Members must pay for or provide directly abortions, abortifacients, and contraceptives to any recipient bona fide within their jurisdiction upon request. Members must also provide a means to access such services and commodities speedily and free at the point of service or provision.

  3. Non-discrimination. No members may:
    1. conduct discrimination in tax against a recipient or provider of abortion services or contraceptives in tax collection, assessment, or administration,
    2. discriminate against abortion clinics workers on account of occupation or place of employment,
    3. prosecute any person for receiving or providing section 7 compliant abortions, contraceptives, truthful medical advice, or education thereon,
    4. prohibit or levy discriminatory tariffs or tax against section 7 compliant contraceptives or abortifacients,
    5. fail to provide equal protection before the law to recipients or providers of abortion services, or
    6. implement policies intended to restrict access to section 7 regulated goods or services.
  4. Clinics. WA Choice Plus is established and may construct, per section 5, clinics with funds assessed by the General Accounting Office from members in which there does not exist, in the view of the WACC, adequate access to abortion. Such clinics shall offer free and safe abortions to any recipient bona fide. All members must, however, contribute separately to WA Choice Plus in proportion to expenses incurred within their jurisdiction at such clinics for their upkeep and maintenance.

    1. Members must arrange fully subsidised travel for any recipient bona fide, and one person of their choice, to receive care offered by such a clinic if abortion services are not speedily accessible. No limitation, except to prohibit travel to nations in which there is an on-going armed conflict, may be enforced by a member on a person's ability to exit a member for purposes of travelling to a clinic unless permitted by resolution.

    2. Clinics shall provide free healthcare and counselling for expectant parents as well as free contraceptives and abortifacients to any address serviceable by post within a member.
  5. Clinic lease terms. Any member may request the construction of section 4 clinics if they can show to the WACC that construction would expand access to abortion in an area where it is inadequate. The clinics will be built on land donated by members where the member doing so grants to the clinic a ten-year renewable lease in which no (a) direct tax or (b) indirect tax in excess of one per cent may be collected, along with the condition, reinforced by private contract, that upon disestablishment of the clinic, the assignee or seizer must remit to WA Choice Plus the fair market value of the improvements to that land.

  6. Exceptions. Notwithstanding any other provision of this resolution and unless otherwise indicated by previous resolution, a member may restrict access to or section 2 funding for an abortion if that member can show that a sex-selective basis clearly impels its request.

  7. Health and safety. The World Health Authority (WHA) must issue regulations to ensure abortions, abortifacients, and contraceptives available to the general public are safe and effective for end-users and those with which they may be in close contact. Such regulations overrule those made by members unless it can be shown to the IAO that those WHA regulations are insufficient in fulfilling the mandates of this section.

  8. Interpretation. Members shall ascribe personhood to begin at birth. In this resolution, older resolutions overrule conflicting provisions of this resolution, singular words include the plural unless otherwise indicated, and section and list headings have no effect.
Last edited by Ransium on Mon Jul 13, 2020 9:50 pm, edited 82 times in total.

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Imperium Anglorum
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Postby Imperium Anglorum » Wed Apr 01, 2020 10:37 am

Draft 4 was marinated in Alfredo sauce. Draft 3 can be found here.

Changes in Draft 3 included stuff related to:
  • the specific funding mechanism for clinics,
  • when WA funds will be appropriated,
  • how they can be spent, and
  • correction of a typo in the tax clause.
Also in draft 3: Any member that so wishes may request that the World Assembly fund construction and operation of such clinics if it can be shown to the IAO that existing access is inadequate. With omissions marked with strikes for clarity in the case of future HM.

Changes in Draft 2; Sex-selective abortion et alia

Note that current section 8 (Interpretation) was renumbered from section 7 (currently Health and safety) upon introduction of the latter section.



Whereas poor people currently lack the financial means to acquire medical procedures that they may desire:

And whereas in many conservative or patriarchal nations, there is a dearth of qualified medical professionals who are willing to perform abortions, meaning that the ability to access them is non-existent without the massive funds needed for foreign travel:

And whereas this is a great evil which serves constructively to deny abortion rights merely because of income and the location of their birth:

This august World Assembly enacts as follows:

  1. There shall be established a World Assembly Abortionplex, which shall be a gargantuan and luxurious facility funded by contributions assessed from national subscribers to Premium Club Express in proportion with that subscriber's use of the facility, which shall offer quick, easy, and safe abortions to any willing recipient. All member nations are required to join Premium Club Express and may not leave unless permitted by previous World Assembly legislation. Non-member nations may, for a proportional fee, opt in to Premium Club Express.

  2. Member nations must arrange travel, at their own expense, for any person and a partner of their choice expressing a bona fide desire to travel to the World Assembly Abortionplex to undergo any medical procedure or receive any care offered by the same. No limitations not provided for by World Assembly legislation may be placed by a member nation on a person's ability to travel to the World Assembly Abortionplex.

  3. The World Assembly Abortionplex shall also provide other reproductive health services, including but not limited to free contraceptives shipped to any address serviceable by post within a member nation, free care and counselling for expectant parents, and free childcare starter kits.

  4. Space shall be made within the Abortionplex complex for coffee shops, wine stores, nightclubs, restaurants, a casino with myriad games of chance, boutique shops, theatres, adoption centres for house cats and canines, and spas of the highest quality. An international airport near the location of the World Assembly Abortionplex, along with the required security staff for the entire complex, shall be acquired to handle the visitors. Leasing fees for stores and other establishments shall be remitted to the World Assembly Abortionplex to support expansion of its mission.

  5. The World Assembly Abortionplex shall be built on land donated by a member nation for the purpose where the member nation doing so grants to the World Assembly Abortionplex a 99 year renewable lease in which (a) no direct tax or (b) indirect tax in excess of one per cent may be collected, along with the following conditions:

    1. That member nation must also charter a not-for-profit corporation under its laws, which shall be treated no different from any other such corporation, with its equity capital to come from the World Assembly Abortionplex.

    2. That not-for-profit corporation shall be granted in the aforementioned lease, a non-negotiable option to assume, upon disestablishment of the World Assembly Abortionplex, operation, assets, and liabilities of the World Assembly Abortionplex. It shall also be a party to the lease aforementioned and hold usufructuary rights to the leased territory.
  6. With regard to ambiguity of laws, newer extant World Assembly legislation shall take precedence over provisions stated in later resolutions unless otherwise stated. For the purposes of this resolution, older extant legislation shall take precedence over conflicting provisions of this resolution. And if any provision of this resolution is found to contradict previous legislation, that will not affect the enforceability of any other provision of this resolution that is severable from the contradictory provision.



In before "Opposed".

I will also paraphrase Sep here in that it is incredibly ironic that all the people who claim that the Assembly is being mocked are also those who are first to disparage it outside of this specific context. Why is it that those most willing today to defend the Assembly's honour are also those which would steal her away and drown her in a bathtub (to paraphrase Grover Norquist)?
Last edited by Imperium Anglorum on Thu May 28, 2020 1:59 pm, edited 21 times in total.

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Praeceps
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Postby Praeceps » Wed Apr 01, 2020 10:37 am

"Opposed"
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Postby United Massachusetts » Wed Apr 01, 2020 10:43 am

I will fight against this with everything I have.

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Postby Kaystein » Wed Apr 01, 2020 10:43 am

This is one reason why people say NS has a left-bent

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Postby Tinhampton » Wed Apr 01, 2020 10:48 am

Interim D-A Anderson: I'm not ent...
Assistant Venkman: ABORTIONPLEXEEEEEEEEEEEESSSSSSSSSSSS!!!!! All aboard The Abortionplex Trainy Plaaaaaaaane! It says here, "ANY medical procedure" - that means we also get universal Dialysisplexes and Influenza Vaccineplexes as well, who can't support that?
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Imperium Anglorum
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Postby Imperium Anglorum » Wed Apr 01, 2020 10:53 am

Tinhampton wrote:Interim D-A Anderson: I'm not ent...
Assistant Venkman: ABORTIONPLEXEEEEEEEEEEEESSSSSSSSSSSS!!!!! All aboard The Abortionplex Trainy Plaaaaaaaane! It says here, "ANY medical procedure" - that means we also get universal Dialysisplexes and Influenza Vaccineplexes as well, who can't support that?

"to undergo any medical procedure ... offered by the same". If you want to add that in future legislation, go ahead; but I would imagine there would be a communicable disease opp.
Last edited by Imperium Anglorum on Sun Apr 26, 2020 1:55 pm, edited 8 times in total.

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Grays Harbor
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Postby Grays Harbor » Wed Apr 01, 2020 10:55 am

Provide me one good reason I should not consign this to the flames as illegal frivolity?
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Imperium Anglorum
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Postby Imperium Anglorum » Wed Apr 01, 2020 11:04 am

Grays Harbor wrote:Provide me one good reason I should not consign this to the flames as illegal frivolity?

I'll give you three: (1) it is a violation of your duty as a Secretariat member to judge the legality of proposals based on the rules as they are written in the sticky, (2) binding precedent says no, and (3) the persuasive and not-binding precedent of the Silly/Illegals zOMG days also says no. Re 2 supra:

We do not agree that the proposal violates the Joke rule. As stated in the challenge, key words here are "intended," "solely," and while there is indeed a certain amount of humor in the draft, that draft also recognizeably intends serious, material effects on the World Assembly. If you remove the definition clause, and change the preambulatory clauses to more pedestrian language, the proposal retains its effect on member states. WA nations must still comply with the proposal, whose meaning in law has not changed. The funny bits "carry no legislative weight," and "do not affect the rest of the resolution."

Therefore, while the proposal is clearly intended to be humorous, it is equally clear that that is not its sole intent; and that the proposal affects nations beyond those effects (which are negligible) attributable to the humorous bits. Thus the proposal does not violate the Joke/Silly Proposals rule and we say it is legal as regards that question.

If you want to pull up the legality challenge red tape, let me lay a welcome mat. I omitted something from the drafting Google Doc: FDR's famous Madison Square Garden quote. Seems opportune.

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Morover
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Postby Morover » Wed Apr 01, 2020 11:31 am

"Full support. Though the language is completely inappropriate for international legislation, we're willing to overlook that on account of 'humor.' Furthermore, we agree with the principle."

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Grays Harbor
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Postby Grays Harbor » Wed Apr 01, 2020 12:00 pm

Imperium Anglorum wrote:
Grays Harbor wrote:Provide me one good reason I should not consign this to the flames as illegal frivolity?

I'll give you three: (1) it is a violation of your duty as a Secretariat member to judge the legality of proposals based on the rules as they are written in the sticky, (2) binding precedent says no, and (3) the persuasive and not-binding precedent of the Silly/Illegals zOMG days also says no. Re 2 supra:

We do not agree that the proposal violates the Joke rule. As stated in the challenge, key words here are "intended," "solely," and while there is indeed a certain amount of humor in the draft, that draft also recognizeably intends serious, material effects on the World Assembly. If you remove the definition clause, and change the preambulatory clauses to more pedestrian language, the proposal retains its effect on member states. WA nations must still comply with the proposal, whose meaning in law has not changed. The funny bits "carry no legislative weight," and "do not affect the rest of the resolution."

Therefore, while the proposal is clearly intended to be humorous, it is equally clear that that is not its sole intent; and that the proposal affects nations beyond those effects (which are negligible) attributable to the humorous bits. Thus the proposal does not violate the Joke/Silly Proposals rule and we say it is legal as regards that question.

If you want to pull up the legality challenge red tape, let me lay a welcome mat. I omitted something from the drafting Google Doc: FDR's famous Madison Square Garden quote. Seems opportune.

Ah, but I have precedent as well, in the form of the Royal High Court of my homeland. It was ruled in 1792, in the case of Finistre vs Ulrich, upon case of wanton frivolity interfering with the performance of the duties of the Royal Page of the Garden, and pursuant to the use of a pigeons egg at noon for timekeeping, the time of which is nigh, while keeping your eye on the pie, despite the discomfort of placing ones face in the meringue at the urging of the House Elf. This was further argued that in the use of a House Elf by Lord Ulrich in order to gain the attention of the bakers daughter it was a violent affront to Lord Finistre as the dog belonging to the baker became violently ill on his shoes, clearly the fault of Lord Ulrich as determined by Dick vs Jane in 1687 when Dick did indeed get sick on Janes shoes because of a pie ... YES, A PIE. Clearly with this evidence I fail to see how anybody with half a foot can delay their dispute. Clearly it has been shown a pigeon in the hand is worth a belt buckle, but not a really fine one as it is an ordinary pigeon. And just as clearly this match is now 3-1 in my favor at the half, so I say to you, Knave, It is time for an ale, an ALE I say! So stop tanning your salmon and let the penguins free as it is time for croquet. Are you prepared to concede the point?

Some people just do not understand legal precedent, mores the pity.
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Postby South Reinkalistan » Wed Apr 01, 2020 12:04 pm

"This is a complete and utter mockery of these hallowed halls and the nations whose representatives toil day and night to provide an intelligent level of discussion and debate regarding legislation. The ambassador from Imperium Anglorum has done all the nations of this Assembly a great injustice through such a frivolous action.

I will happily offer this my full support."
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Postby Auralia » Wed Apr 01, 2020 12:13 pm

For complete clarity, I am speaking out-of-character as a player.

I believe this proposal is probably legal, though it shouldn't be.

No person -- including the proposer -- seriously believes this is an appropriate way to improve abortion access in member states. Most supporters of abortion rights acknowledge that whether to have an abortion is a very serious decision requiring careful consideration. It is very painful for many people. It is absolutely not a subject to make light of, yet that is exactly what this proposal does.

It should be apparent to all that this proposal is not an attempt to advance a policy goal in good faith, especially since existing legislation already effectively guarantees abortion access. Rather, this proposal exists to mock fellow players on the opposite side of this issue. The proposer no doubt finds it hilarious to leverage the political power of his faction to pass something completely outrageous, then watch the panicked and ultimately ineffectual reaction.

This and similar behaviour (from a member of GenSec, to boot!) is disgusting and toxic to this game. The purpose of the General Assembly game is to simulate a legislature and advance preferred policy goals, not to treat other players who are also trying to play this game in good faith with contempt and mockery.
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Postby The New California Republic » Wed Apr 01, 2020 12:42 pm

Full support.
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Postby Separatist Peoples » Wed Apr 01, 2020 1:16 pm

"Support."

Ooc: in the most toxic way, apparently. Adding that to the list of honorifics.
Last edited by Separatist Peoples on Wed Apr 01, 2020 1:17 pm, edited 1 time in total.

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Postby Bananaistan » Wed Apr 01, 2020 1:20 pm

Auralia wrote:For complete clarity, I am speaking out-of-character as a player.

I believe this proposal is probably legal, though it shouldn't be.

No person -- including the proposer -- seriously believes this is an appropriate way to improve abortion access in member states. Most supporters of abortion rights acknowledge that whether to have an abortion is a very serious decision requiring careful consideration. It is very painful for many people. It is absolutely not a subject to make light of, yet that is exactly what this proposal does.

It should be apparent to all that this proposal is not an attempt to advance a policy goal in good faith, especially since existing legislation already effectively guarantees abortion access. Rather, this proposal exists to mock fellow players on the opposite side of this issue. The proposer no doubt finds it hilarious to leverage the political power of his faction to pass something completely outrageous, then watch the panicked and ultimately ineffectual reaction.

This and similar behaviour (from a member of GenSec, to boot!) is disgusting and toxic to this game. The purpose of the General Assembly game is to simulate a legislature and advance preferred policy goals, not to treat other players who are also trying to play this game in good faith with contempt and mockery.


OOC: I hope you're not including yourself in this group of people who try to play in good faith: https://www.nationstates.net/nation=aur ... /id=883997

Or this lot: https://www.nationstates.net/page=dispatch/id=1242427

It would be incredibly dishonest to moan about being treated with contempt and mockery while being part of a group who treats the GA as a whole with contempt.
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Separatist Peoples
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Postby Separatist Peoples » Wed Apr 01, 2020 1:25 pm

Bananaistan wrote:
Auralia wrote:For complete clarity, I am speaking out-of-character as a player.

I believe this proposal is probably legal, though it shouldn't be.

No person -- including the proposer -- seriously believes this is an appropriate way to improve abortion access in member states. Most supporters of abortion rights acknowledge that whether to have an abortion is a very serious decision requiring careful consideration. It is very painful for many people. It is absolutely not a subject to make light of, yet that is exactly what this proposal does.

It should be apparent to all that this proposal is not an attempt to advance a policy goal in good faith, especially since existing legislation already effectively guarantees abortion access. Rather, this proposal exists to mock fellow players on the opposite side of this issue. The proposer no doubt finds it hilarious to leverage the political power of his faction to pass something completely outrageous, then watch the panicked and ultimately ineffectual reaction.

This and similar behaviour (from a member of GenSec, to boot!) is disgusting and toxic to this game. The purpose of the General Assembly game is to simulate a legislature and advance preferred policy goals, not to treat other players who are also trying to play this game in good faith with contempt and mockery.


OOC: I hope you're not including yourself in this group of people who try to play in good faith: https://www.nationstates.net/nation=aur ... /id=883997

Or this lot: https://www.nationstates.net/page=dispatch/id=1242427

It would be incredibly dishonest to moan about being treated with contempt and mockery while being part of a group who treats the GA as a whole with contempt.

Ooc: the game and the rules, apparently...

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Postby Cosmosplosion » Wed Apr 01, 2020 2:13 pm

The ambassador from Cosmosplosion, Sarah Loundes, a noted pro-choice activist, looks over the proposal.

"Wow, this is totally the funniest thing I have ever read."

She proceeds to locate a meme that this proposal made her think of, and send it to the Ambassador presenting the proposal. It looks as follows;

Image
Last edited by Cosmosplosion on Wed Apr 01, 2020 2:17 pm, edited 1 time in total.
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Postby The New Sicilian State » Wed Apr 01, 2020 2:15 pm

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Postby The New California Republic » Wed Apr 01, 2020 2:15 pm

Cosmosplosion wrote:The ambassador from Cosmosplosion, Sarah Loundes, a noted pro-choice activist, looks over the proposal.

"Wow, this is totally the funniest thing I have ever read."

She proceeds to locate a meme that this proposal made her think of, and send it to the Ambassador presenting the proposal. It looks as follows;


Please spoiler that gigantic image.
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

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They're hoping soon, my kind will drop and die
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Auralia
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Postby Auralia » Wed Apr 01, 2020 2:16 pm

Bananaistan wrote:It would be incredibly dishonest to moan about being treated with contempt and mockery while being part of a group who treats the GA as a whole with contempt.

Non-compliance roleplay is a good faith attempt to permit me to participate in the GA without roleplaying something I believe to be immoral, while preserving as far as possible the significance of the legislation with which my nation is in non-compliance for the purposes of the game.

Reasonable people can disagree about whether non-compliance roleplay is good for GA gameplay. But unlike this proposal, it is certainly not borne out of contempt for or a desire to mock anyone, much less the GA as a whole. I have made this clear to you and others on numerous occasions, and so this accusation is not just absurd but intellectually dishonest.

Separatist Peoples wrote:Ooc: the game and the rules, apparently...

If you think non-compliance roleplay is against the rules, then report me. Reports of rule-breaking belong in moderation.
Last edited by Auralia on Wed Apr 01, 2020 2:17 pm, edited 1 time in total.
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The New Nordic Union
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Postby The New Nordic Union » Wed Apr 01, 2020 2:24 pm

'Full and utter support. We might be willing to create an artificial island to host the Abortionplex in the Nordic Union.'
Last edited by The New Nordic Union on Wed Apr 01, 2020 2:27 pm, edited 1 time in total.
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Separatist Peoples
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Postby Separatist Peoples » Wed Apr 01, 2020 2:27 pm

Auralia wrote:
Bananaistan wrote:It would be incredibly dishonest to moan about being treated with contempt and mockery while being part of a group who treats the GA as a whole with contempt.

Non-compliance roleplay is a good faith attempt to permit me to participate in the GA without roleplaying something I believe to be immoral, while preserving as far as possible the significance of the legislation with which my nation is in non-compliance for the purposes of the game.

Reasonable people can disagree about whether non-compliance roleplay is good for GA gameplay. But unlike this proposal, it is certainly not borne out of contempt for or a desire to mock anyone, much less the GA as a whole. I have made this clear to you and others on numerous occasions, and so this accusation is not just absurd but intellectually dishonest.

Separatist Peoples wrote:Ooc: the game and the rules, apparently...

If you think non-compliance roleplay is against the rules, then report me. Reports of rule-breaking belong in moderation.


Ooc:
Not what I was referencing, and I think you know that.

His Worshipfulness Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Union of Albandrite Socialist Republics
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Founded: Jun 21, 2017
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Postby Union of Albandrite Socialist Republics » Wed Apr 01, 2020 2:50 pm

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Auralia
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Founded: Dec 15, 2011
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Postby Auralia » Wed Apr 01, 2020 3:10 pm

Separatist Peoples wrote:Ooc:
Not what I was referencing, and I think you know that.

I understand you to be referencing your position that non-compliance roleplay is not good GA gameplay. I do not agree, and in any event I don't see how that translates to "contempt for the rules", since non-compliance roleplay is clearly not and has never been against the rules.
Catholic Commonwealth of Auralia
Also known as Railana

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