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[PASSED] Gay Panic Defense Ban

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Old Hope
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Postby Old Hope » Mon Feb 08, 2021 4:25 am

It would make sense to use the category "Moral Decency", in this case.

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Barfleur
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Postby Barfleur » Mon Feb 08, 2021 8:04 pm

Old Hope wrote:It would make sense to use the category "Moral Decency", in this case.

OOC: I would go with Legal Reform myself, as it directly alters the criminal procedures of member nations, but I defer to people who have been here longer and are more familiar with category choices.
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Crowheim
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Postby Crowheim » Wed Feb 10, 2021 7:23 am

I believe Legal Reform fits this proposed resolution well. However it's not an option for me to use, so I will stick with this civil rights plank until I hear stronger arguments as to why it fits a different category better.
Last edited by Crowheim on Wed Feb 10, 2021 7:24 am, edited 1 time in total.
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Tinhampton
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Postby Tinhampton » Wed Feb 10, 2021 7:58 am

Crowheim wrote:I believe Legal Reform fits this proposed resolution well. However it's not an option for me to use...

Why not? :P
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Crowheim
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Postby Crowheim » Wed Feb 10, 2021 1:51 pm

Tinhampton wrote:
Crowheim wrote:I believe Legal Reform fits this proposed resolution well. However it's not an option for me to use...

Why not? :P

Oh my, I missed looking in the regulation category!
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Jedinsto
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Postby Jedinsto » Wed Feb 10, 2021 2:30 pm

You probably should not include specifically saying "gay man" and "transgender woman,"
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Crowheim
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Postby Crowheim » Thu Feb 11, 2021 2:26 pm

Any other comments/concerns/edits right now?
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Maowi
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Postby Maowi » Thu Feb 11, 2021 4:33 pm

"We are in support of the enactment of these measures - extant World Assembly resolutions may potentially have some impact on the subject matter, already, but should this pass I firmly believe the worst-case scenario would be no harm done, and the best-case scenario the implementation of highly important protections.

"I suggest changing the "clarifying" line in the preamble into an active clause, perhaps to be inserted between clauses IV) and V). It currently reads as a further explanation of the authorship's thoughts about the issue, rather than a substantive caveat to the restrictions imposed by the proposal - and I believe the latter is both preferable and necessary.

"Further, I do not think the creation of a commission in clause V) is optimal use of World Assembly resources. Surely the compensation should come from those member states allowing these horrific practices in the first place? I believe it should not be too complicated to require member states to organise this for themselves, instead of an external, World Assembly-run commission."

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Crowheim
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Postby Crowheim » Thu Feb 11, 2021 8:47 pm

Maowi wrote:"We are in support of the enactment of these measures - extant World Assembly resolutions may potentially have some impact on the subject matter, already, but should this pass I firmly believe the worst-case scenario would be no harm done, and the best-case scenario the implementation of highly important protections.

"I suggest changing the "clarifying" line in the preamble into an active clause, perhaps to be inserted between clauses IV) and V). It currently reads as a further explanation of the authorship's thoughts about the issue, rather than a substantive caveat to the restrictions imposed by the proposal - and I believe the latter is both preferable and necessary.

"Further, I do not think the creation of a commission in clause V) is optimal use of World Assembly resources. Surely the compensation should come from those member states allowing these horrific practices in the first place? I believe it should not be too complicated to require member states to organise this for themselves, instead of an external, World Assembly-run commission."

"Thank you for your support. We have replaced the original clause V with a clause containing the bulk of your clarifying suggestion, to appease concerns about the restrictions."
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Barfleur
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Postby Barfleur » Fri Feb 12, 2021 9:59 am

OOC: Some grammatical advice: add "and" at the end of clause IV and replace the comma at the end of clause V with a period.
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Tinfect
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Postby Tinfect » Fri Feb 12, 2021 10:37 am

OOC:
Why is there a clause defining sexual assault? The term is not used in the resolution.
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Barfleur
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Postby Barfleur » Fri Feb 12, 2021 10:52 am

Tinfect wrote:OOC:
Why is there a clause defining sexual assault? The term is not used in the resolution.

OOC: Clause V allows sexual assault to be used as a valid legal defense.
Barfleur: Unus pro omnibus et omnes pro uno
Citizen of The East Pacific
“Sweatpants are a sign of defeat. You lost control of your life so you bought some sweatpants.”
― Karl Lagerfeld
Ambassador: Roger MacGeorge
Military Attaché: Colonel Lyndon Q. Ralston
Co-author, GA#534.
The Barfleurian World Assembly Mission can be found at Room 1903, Floor 19, WAHQ.

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Maowi
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Postby Maowi » Fri Feb 12, 2021 12:46 pm

Crowheim wrote:"Thank you for your support. We have replaced the original clause V with a clause containing the bulk of your clarifying suggestion, to appease concerns about the restrictions."

"I believe that should resolve my concerns. However, what was your reason for outright removing the clause regarding compensation for those against whom the defence has been used? I thought the underlying idea was good, and merely disagreed with executing it via WA committee."

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Crowheim
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Postby Crowheim » Sat Feb 13, 2021 6:57 am

Barfleur wrote:OOC: Some grammatical advice: add "and" at the end of clause IV and replace the comma at the end of clause V with a period.

Edited.
Tinfect wrote:OOC:
Why is there a clause defining sexual assault? The term is not used in the resolution.
Barfleur wrote:
Tinfect wrote:OOC:
Why is there a clause defining sexual assault? The term is not used in the resolution.

OOC: Clause V allows sexual assault to be used as a valid legal defense.

That's correct.
Maowi wrote:
Crowheim wrote:"Thank you for your support. We have replaced the original clause V with a clause containing the bulk of your clarifying suggestion, to appease concerns about the restrictions."

"I believe that should resolve my concerns. However, what was your reason for outright removing the clause regarding compensation for those against whom the defence has been used? I thought the underlying idea was good, and merely disagreed with executing it via WA committee."

"I've redrafted in a less strongly worded version of the idea, instead encouraging member states to do so on their own, as you suggested."
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Crowheim
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Postby Crowheim » Tue Feb 16, 2021 8:40 pm

Planning on submitting this on Sunday, probably. Looking for any more feedback.
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Jedinsto
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Postby Jedinsto » Tue Feb 16, 2021 9:45 pm

As for content, I think it's ready to go. In terms of formatting, I would suggest you change the listing from I) and II) to 1. and 2. Also, I think you could do away with the "generally a gay man" and "generally a transgender woman" parts, even though they don't affect the actual content.
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Crowheim
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Postby Crowheim » Wed Feb 17, 2021 6:18 am

Jedinsto wrote:As for content, I think it's ready to go. In terms of formatting, I would suggest you change the listing from I) and II) to 1. and 2. Also, I think you could do away with the "generally a gay man" and "generally a transgender woman" parts, even though they don't affect the actual content.

Thanks for the vote of confidence in content, have edited to both of your formatting suggestions.
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Tinhampton
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Postby Tinhampton » Wed Feb 17, 2021 7:49 am

You define "sexual assault" in Article 3 but refer to all forms of "assault" in the first two articles.
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Ardiveds
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Postby Ardiveds » Wed Feb 17, 2021 8:13 am

OOC: Clause 6 reads like "the general assembly hereby mandates the World assembly should encourage..." which sounds weird. Mayhe this would be more appropriate:
Hereby encourages:

6. member states to provide compensation to the victims of Gay Panic Defense, or their families in cases where the victim is not able to receive compensation.
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Imperium Anglorum
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Postby Imperium Anglorum » Wed Feb 17, 2021 8:39 am

Well at that point just abandon the UN style and move over to statute style writing.

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Maowi
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Postby Maowi » Wed Feb 17, 2021 10:48 am

OOC: In clause 5, I would recommend replacing "should" with "shall" to avoid ambiguity as to whether it is a recommendation or a requirement.

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Imperium Anglorum
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Postby Imperium Anglorum » Wed Feb 17, 2021 11:28 am

What is a legal strategy surrounding self defence? Wouldn't that just be a claim of self defence?

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Crowheim
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Postby Crowheim » Wed Feb 17, 2021 12:26 pm

Tinhampton wrote:You define "sexual assault" in Article 3 but refer to all forms of "assault" in the first two articles.

The assault mentioned in the first two articles refers to the crime the defendant is on trial for, not the perceived behavior of the victim. The definition of sexual assault is for the exception clause.
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Crowheim
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Postby Crowheim » Wed Feb 17, 2021 12:28 pm

Addressed IA and Maori’s points, though.
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Jedinsto
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Postby Jedinsto » Wed Feb 17, 2021 4:23 pm

OOC: It still says "should" in clause 5, and another thing I noticed, you have this listed as significant strength, I would advise you change to mild.
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