[PASSED] Protecting Imprisoned Youths

[Jedinsto]

The status of this will be returned to draft, and it will be submitted as soon as Fair Treatment of Prisoners II is submitted, unless major changes are still in order. I decided I will change the protective confinement clause slightly but the clause itself will remain.

[CoraSpia]

"The Haven has serious concerns with the newly edited clause relating to protective confinement. There appear to be no safeguards in place to prevent prison authorities from declaring that, for example, there is a higher risk posed to youths from minority backgrounds, political affiliations or who have committed particular crimes. The Haven suggests that all decisions made regarding protective confinement in the name of the safety of the affected prisoner require the informed and uncoersed consent of said prisoner."

[Jedinsto]

"The Haven has serious concerns with the newly edited clause relating to protective confinement. There appear to be no safeguards in place to prevent prison authorities from declaring that, for example, there is a higher risk posed to youths from minority backgrounds, political affiliations or who have committed particular crimes. The Haven suggests that all decisions made regarding protective confinement in the name of the safety of the affected prisoner require the informed and uncoersed consent of said prisoner."

"With the mandates of Fair Treatment of Prisoners II being created by the colleague from Greater Cesnica, 'All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,' so if such a danger does not exist, the prison would be in violation of standing law by imposing such protective confinement."

[Jedinsto]

/bump. For those who are confused as to why I'm bumping so much, it's to keep this on the front page.

[Jedinsto]

bump

[Araraukar]

OOC: Don't bump when you haven't added new content. 2nd page in GA forum is totally fine.

EDIT: Medically incapacitated =/= quarantined to prevent spread of a disease.

Medically incapacitated =/= suicidal.

These are issues still.

2nd EDIT: At the very least you need to define what you mean with medical incapacitation. Google spat up this: "Medically incapacitated means any diagnosable medical condition, including mental dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing activities of daily living without significant assistance, that incapacitates the inmate to the extent that institutional confinement does not offer additional restrictions, that is likely to continue throughout the entire period of parole, and that is unlikely to improve noticeably."

[Laka Strolistandiler]

Full support. It’s quite unusual that no resolution had specifically targeted the problem of imprisoned youth before.
/bump

[Jedinsto]

OOC: Don't bump when you haven't added new content. 2nd page in GA forum is totally fine.

EDIT: Medically incapacitated =/= quarantined to prevent spread of a disease.

Medically incapacitated =/= suicidal.

These are issues still.

2nd EDIT: At the very least you need to define what you mean with medical incapacitation. Google spat up this: "Medically incapacitated means any diagnosable medical condition, including mental dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing activities of daily living without significant assistance, that incapacitates the inmate to the extent that institutional confinement does not offer additional restrictions, that is likely to continue throughout the entire period of parole, and that is unlikely to improve noticeably."

I wrote it like this intentionally. The mandates of FTP and FTP II require that anybody in protective confinement is placed back with the general population as soon as it is safe to do so. There are more scenarios in which I would want a medically incapacitated prisoners to be placed in protective other than to quarantine. If the danger is not real, the prison staff have to place them back in the general population. With FTP that issue works itself out, essentially.

[Jedinsto]

Made some snips to the preamble.

/bump

[Jedinsto]

As GC is moving forward with his repeal, this proposal is being moved to last call, and will be submitted shortly after the passing of Repeal: FTP and FTP II.

[Jedinsto]

Also, I have decided to go with Civil Rights: Mild for this one.

[Jedinsto]

I have added clause 5 (which has the same mandates as Fair Treatment of Prisoners, and done with the author's permission) so that people don't think this resolution allows prison staff to throw kids in protective will-nilly.

[Bananaistan]

"It should be permissible to hold an individual prisoner in protective confinement for everyone else's safety.

"In this day and age, the WA requiring that some piece of paper be held on file is bonkers. Have we inadvertently fallen back through the spacetime continuum to the dark ages or something? If someone has to consent to something, just say that and let member states decide for themselves how they record it.

"What are quarters anyway? If some kid wants to meet some criminal, who might well be a family member, is the room used for them to meet in a "quarters"?

"The phrase "imprisoned youths who have had protective confinement imposed upon them" is hyperbolic nonsense.

"I'm also not sure that just because someone has been held in such confinement for a few hours, they need to see a shrink."

Edit: OOC: The repeal on which this is dependent has just been submitted. There are three quorate proposals in the queue ahead of it. The earliest possible time this can be submitted is 20 days away. How the feck can this possibly be last call?

[Jedinsto]

"I disagree. Any situation where the minor is criminally insane and extremely violent would fall under medical incapacitation. In any other situation, there are better ways to deal with a violent child."

"Changed."

"Wording changed from 'quarters' to 'room' to clear up any ambiguity."

Edit: "Changed wording once again after recognizing some loopholes."

"Hopefully you like the new wording better."

"Nothing requires that youths in protective need to see a shrink every few hours. If they need it, they will have it, though. Regular =/= excessively common."

OOC: Good question.

[Bananaistan]

"We remain opposed. It appears the current text would uphold and advance the rights of violent bullies at the expense of the rights of the less violent or even non-violent bullies.

"The state has a legitimate interest in protecting children in its care from violence inflicted from other children in its care. The status of the mental health of the perpetrator is irrelevant to the safety of the potential victim(s)."

[Jedinsto]

"After the Bananaistan delegation's comments combined with my thoughts on the matter since this draft was started, I have decided to remove any mention of protective confinement from my draft."

OOC: This also means I am no longer reliant on GC's draft, so I will be submitting once the queue clears up a little bit.

[Jedinsto]

changed formatting of clause 2 due to feedback from TNP.

[Jedinsto]

Submitted.

[Tinhampton]

This proposal is already 90% of the way to quorum despite only having been submitted six hours ago. Presented is the ridiculously short (and effective) campaign telegram that Jedinsto sent to tag:delegates at 20:08:43 BST on Monday:

Hello %NATION%,

As juvenile delinquents in prison are abused and mistreated all around the world, I ask that you approve this proposal. This proposal would require imprisoned youths to receive a proper education, health services, legal services, etc.

Thank you,
-Jedinsto

AS OF 0145 BST ON TUESDAY: Approvals: 53 out of 60 needed (Floyssauu, OF Courscant, Cynetia, Zamastan, Mikeswill, Sedgistan, Southeast Marajarbia, North Sonovia, Hetairaea, Entimessa, German Federal Reich, J-O-E, West Phoenicia, South Boston Irishmen, Krezenel, Calamari Lands, New Technocratic Prussia, Valerity, Pastries, Islands Of Ventro, Grey County, Socruell, Baloo Kingdom, Aldrest, Ospeia, LollerLand, Felistia, Red Green and Black, Boris Cult, Libonesia, Trinindad, Hulldom, Sufferlandia, Spectral Empire, The Eurasian SFSR, For The worlds of the midrim, Castle Federation, Zombiedolphins, CoraSpia, Beepee, Thermodolia, The Fire Born, Noble Titans, Panther, Empire of Elysium, Alcala-Cordel, TAF International, RemiBourg, Greater Cesnica, Franche Comte, Tinhampton, The Kingdom of Morocco1, Republic of Blank)

[Jedinsto]

Update: This has reached quorum.

[Big Boyz]

Update: This has reached quorum.

That was fast. Good luck!

[Greater Cesnica]

OOC: Based

[Scalizagasti]

The United Regions Alliance recommends that nations vote for this resolution.

https://www.nationstates.net/page=dispatch/id=1550271

[Junitaki-cho]

Bans the holding of imprisoned youths with imprisoned adults for any purpose unless informed consent is given by all legal guardians of the minor, without any form of coercion, for them to meet with one or more imprisoned adults for a short period in a manner heavily supervised by prison staff,

The fuck? What does this mean? What does it do? This entire thread is about some protective confinement clause that was scrapped and I don't see a single justification for allowing parents to force their kids to hang out with adult prisoners.

[Typica]

Bans the holding of imprisoned youths with imprisoned adults for any purpose unless informed consent is given by all legal guardians of the minor, without any form of coercion, for them to meet with one or more imprisoned adults for a short period in a manner heavily supervised by prison staff,

The fuck? What does this mean? What does it do? This entire thread is about some protective confinement clause that was scrapped and I don't see a single justification for allowing parents to force their kids to hang out with adult prisoners.

Does seem the child's consent should be required as well. I would presume the "adult prisoners" a child's guardians might approve time with to be either parents or trustworthy role models. But yeah, the sentence is a badly constructed run-on and definitely deserves some clarification.