The Trans Right Act [DRAFT]

[Freedomist fighters]

[proposal=]The Trans-Right Act
A resolution to improve worldwide human and civil rights.

Category: Civil Rights

Strength: Strong

Proposed by: Freedomist fighters

THE WORLD ASSEMBLY,
RECOGNISING the importance of respecting and protecting the lives of transgender women and men around the world.

ACKNOWLEDGES the various amendments passed by the General Assembly, such as and not limited to (#GA546 and #GA542) to protect and validate the humanity of members of the LGBTQIA+ community.

REAFFIRMS our continuous commitment to protecting members of the LGBTQIA+ community.

NOTING that the lives of members of the trans community are especially vulnerable due to the false rhetoric surrounding it and therefore put into a lot of harm by others looking to spread hate.

CONDEMN various nations who have flamed the fire of this false rhetoric by pushing laws that restrict or banning the rights that members of the Trans community solely deserve to have.

CONCLUDES, that this act is of pivotal importance and must be addressed by the general assembly to be enacted into international laws.

1. In this act,
a. The term "transgender" is defined as 'gender identity or gender expression that differs from the sex that they were assigned at birth. '

b. "Transgender people" are recognised as people who have undergone gender reassignment or identify as transgender.

2. Mandates that nations provide transgender people with adequate protection under the law, banning discrimination against them and ensuring that they are given protection against anti-trans hate crimes by other members of the society, regardless of it being physical, mental or sexual hate crimes.

3. Prevents nations from crafting egregious laws to make transgender peoples live harder either through the implementation of anti-trans laws such as allowing the state to check the genitals of transgender students when a challenge is filled and/or preventing trans-people from participating in sports and competition in the gender that they identify as. This includes "bathroom bills", further mandated in clause 6.

4. Enforces that all government agencies in any nation,
a. should not have a perceived look that men or women should have before allowing them to provide crucial government services.
b. Should use the pronouns that the person wants.
c. Transgender members of the military should be able to serve and fight for their country and not be discharged based on their sexual orientation or sexual identity.

5. Directs nations to fund research for transgender people in the medical sector, to provide affordable, convenient and accessible healthcare for transgender people, such as gender reassignment and mental healthcare.

6. Allows transgender people to use the bathroom of their preference and acknowledges that it would be of no common sense that anyone would exploit a non-discriminatory ordinance to assault someone in the bathroom.

7. Provide education for citizens on how to protect the rights of various minority groups.

.[/proposal]

I am seeking feedback on how to improve this bill to make it more appealing to the masses and how to improve it. Regardless of what comments or feedback you have all is welcome.

[-Astoria-]

Just a few observations:

1. There's a broken [proposal] tag.
2. Shouldn't it be 'Trans Rights', instead of "Trans-Right"?
3. Is this supposed to be a draft, given you've said "seeking feedback on how to improve this bill"? If so, then [draft] should be in the title.
4. In section 4 - "Enforces that all government agencies in any nation" - exactly how would you make sure all of said agencies in more than thousands of member states comply with this?

[Tinhampton]

This has been submitted. While I support this proposal, I would highly encourage you to actually draft it on this thread before resubmitting it.

Who must "provide education for citizens on how to protect the rights of various minority groups" in Article 7?

[-Astoria-]

This has been submitted

Proposal Not Found
This proposal no longer exists.

[Freedomist fighters]

I have chosen to remove it after realising that I would like to gain a deeper perspective into peoples view on the bill first. Getting feedback to improve the bill, before resending it to the WA floor

[Tsaivao]

"It's noble as a first attempt, but I have some concerns, mostly with the choice of grammar and language of the proposal."

THE WORLD ASSEMBLY,
RECOGNISING the importance of respecting and protecting the lives of transgender women and men around the world.

"Minor nitpick; non-binary people may be transgender too!"

ACKNOWLEDGES the various amendments passed by the General Assembly, such as and not limited to (#GA546 and #GA542) to protect and validate the humanity of members of the LGBTQIA+ community.

"GAR 546 doesn't actually exist, so I believe this is a typo."

NOTING that the lives of members of the trans community are especially vulnerable due to the false rhetoric surrounding itthem and therefore put into a lot of harm by others looking to spread hate.

"Minor grammar correction. The second red part highlighted here feels really cumbersome."

CONDEMN various nations who have flamed the fire of this false rhetoric by pushing laws that restrict or banningban the rights that members of the Trans community solelyrightly(?) deserve to have.

"More grammar nitpicks. I think that the second part here should be 'rightly' as 'solely' implies transgender people have a unique set of rights above cisgendered people? If that's what you actually are saying, it should be clearer either way."

CONCLUDES, that this act is of pivotal importance and must be addressed by the general assembly to be enacted into international laws.

"So... in other words, 'this resolution is really important! Look at how important it is!' Certainly could be worded better to pivot on the actual issue rather than the act itself."

2. Mandates that nations provide transgender people with adequate protection under the law, banning discrimination against them and ensuring that they are given protection against anti-trans hate crimes by other members of the society, regardless of it being physical, mental or sexual hate crimes.

"I think that the second half after 'anti-trans hate crimes' is a bit wordy, the rest of this clause is okay to me."

3. Prevents nations from crafting egregious laws to make transgender peoples live harder either through the implementation of anti-trans laws such as allowing the state to check the genitals of transgender students when a challenge is filled and/or preventing trans-people from participating in sports and competition in the gender that they identify as. This includes "bathroom bills", further mandated in clause 6.

"The wording of this clause is rather poor in my opinion. I believe that this can be more carefully worded such that 'Transgendered people may not be discriminated against by the law' or some flavor of that. The issue with 'making transgender peoples live harder' is that there's quite a broad interpretation of what could make one's life more difficult, whereas this legislation should directly target the issue of transgendered discrimination. Of course, that would make it rather redundant with clause 2"

4. Enforces that all government agencies in any nation,

"This would be nearly impossible to enforce without some sort of committee or direct oversight. Many nations would probably find this sort of oversight invasive, so think this clause through a little bit more."

a. should not have a perceived look that men or women should have before allowing them to provide crucial government services.

"... I'm going to be completely honest, I have no idea what exactly you're trying to say in this sub-clause, could you please consider rewriting it so it makes better sense?"

c. Transgender members of the military should be able to serve and fight for their country and not be discharged based on their sexual orientation or sexual identity.

"Wouldn't this already be covered in clause 2?"

5. Directs nations to fund research for transgender people in the medical sector, to provide affordable, convenient and accessible healthcare for transgender people, such as gender reassignment and mental healthcare.

"GAR #467 would like a word with you. This clause should be removed as the redundancy could be grounds for a legality challenge."

6. Allows transgender people to use the bathroom of their preference and acknowledges that it would be of no common sense that anyone would exploit a non-discriminatory ordinance to assault someone in the bathroom.

"Like many things in this resolution, it's too specific and redundant with Clause 2"

7. Provide education for citizens on how to protect the rights of various minority groups.

"Personally I don't exactly see how this is relevant, but you do you."

"My overall conclusion: a noble endeavor, but you've been beaten to the punch in regards to GAR #457 and GAR #467, and as this legislation currently stands, would be redundant to both, and thereby illegal. I've included all of my grammatical nitpicks and edits for two reasons: one, because I'm quite the neurotic bird and started doing grammar nitpicks before checking past legislation, and two, so you can get an idea for how to better edit future proposals. As far as this one stands, though, it's much too similar to past legislation for me to recommend proposing this as-is."
--Delegate Manhu Sentai Laogai

[Tinhampton]

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: Delegate Laogai, you are incorrect on at least three counts. Firstly, Resolution Five-Hundred and Forty-Six does exist; it is the Blood Donation Safety and Equality Act, authored by the Crowheimian delegation. Secondly, Resolution Four-Hundred and Sixty-Seven makes no provision for "mental healthcare" for transgender individuals; it merely requires that hormone therapy be voluntary, legal, cheap, and available to them. Finally, I would note that the Bananamen - in their capacities as a member state of this Assembly's Secretariat - saw fit to rule the submitted version of this proposal legal.

[Tsaivao]

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: Delegate Laogai, you are incorrect on at least three counts. Firstly, Resolution Five-Hundred and Forty-Six does exist; it is the Blood Donation Safety and Equality Act, authored by the Crowheimian delegation. Secondly, Resolution Four-Hundred and Sixty-Seven makes no provision for "mental healthcare" for transgender individuals; it merely requires that hormone therapy be voluntary, legal, cheap, and available to them. Finally, I would note that the Bananamen - in their capacities as a member state of this Assembly's Secretariat - saw fit to rule the submitted version of this proposal legal.

OOC: I was looking at the forum thread and not the actual WA for the list of proposals, my apologies. It seems the forum version is eight proposals behind the curve :/

IC: "I refer to the second point you raise by GAR #467, first clause, sub-clause four:"

4. Any distress arising from this real disconnect between sex and gender is referred to as gender dysphoria -- like any mental condition, it ought to be treated.

"I will concede that this does not cover the general case of overall healthcare services, but then that would be covered by clause two and three of GAR #457, which state the following:"

2. MANDATES that every member nation must grant exactly the same rights, powers, permissions and services to individuals of all sexualities and genders, subject to exactly the same qualifying conditions. Such conditions may not include the sexuality or gender of the individual(s) concerned.

3. ORDERS all member nations to impose exactly the same sanctions or punishments on all organisations which deny any right, power, permission or service to an individual based on their sexuality or gender, as the sanctions or punishments imposed on organisations discriminating on the basis of other arbitrary, reductive criteria (such as, but not limited to, ethnicity, age and religion).

"... which should adequately cover the case of organizations denying healthcare on the basis of sexual orientation or identity."

"Unless there is some aspect of which I'm missing, I find the proposal here redundant to past legislation. Feel free to mention if I am missing something; I'm told that you mammals don't have nearly as smooth a brain as I" -- Manhu Sentai Laogai

[Tinhampton]

Delegate-Ambassador Smith: The bullet points in Resolution 467 are non-binding, prefatory clauses - the "Sense of the Assembly," if you will.

---

Bianca Venkman, Assistant to the Delegate-Ambassador: This is the obligatory Tinhamptonian rewrite proposal - do with it what you will. Yes, the title of Resolution Four-Hundred and Fifty-Seven was submitted with an all-lowercase title by the Maowese ambassador in the first instance.

Code: Select all

THE WORLD ASSEMBLY:

GRATEFUL for the many resolutions - such as GA#35 "The Charter of Civil Rights," GA#91 "A Convention on Gender," GA#383 "Right to Sexual Privacy," GA#437 "Ban on Conversion Therapy," GA#457 "defending the rights of sexual and gender minorities," and GA#467 "Affordable Transgender Hormone Therapy" - that have previously been passed to protect members of the LGBTQ+ community,

CONCERNED, however, that the rights and lives of transgender people continue to be put at risk by the perpetuation of violent hate crimes and discriminatory government policies, and

BELIEVING that the protection of transgender people from such harm ought to be specifically ensured by international law as a priority,

HEREBY:
[list=1][*]DEFINES "transgender people" as those people who have undergone gender reassignment, or whose gender identity differs from their sex assigned at birth,
[*]REQUIRES that member states:
[list=a][*]grant transgender people equal rights and protection under law, and prohibit discrimination (including anti-transgender hate crimes) against them,
[*]educate all of their inhabitants on how to respect and protect the rights of all minority groups, including the transgender community,
[*]respect the preferred pronouns of all transgender people, and
[*]not discriminate against those who provide government services simply because of what they look like,[/list]
[*]FORBIDS member states from enacting laws or policies that discriminate against transgender people, including those that have the effect of:
[list=a][*]preventing transgender people from serving in the military, or requiring transgender military personnel to be discharged, based solely or primarily on their sexual orientation or gender identity,
[*]requiring transgender athletes to participate in sporting events based on their sex assigned at birth, rather than their current gender identity,
[*]forbidding transgender people from using the bathroom of their choice, including by requiring them to use bathrooms intended for use of people who share the sex they were assigned with at birth, and
[*]allowing them, their political subdivisions, or anyone working on their behalf to review the genitals of transgender people when a challenge is filed against those individuals' gender identity, and[/list]
[*]REAFFIRMS that those providing healthcare services in member states must provide affordable and accessible healthcare for transgender people, including (but not limited to) gender affirmation surgery and mental health services, without discrimination.[/list]

[i]Co-authored with [nation]Tinhampton[/nation].[/i]

THE WORLD ASSEMBLY:

GRATEFUL for the many resolutions - such as GA#35 "The Charter of Civil Rights," GA#91 "A Convention on Gender," GA#383 "Right to Sexual Privacy," GA#437 "Ban on Conversion Therapy," GA#457 "defending the rights of sexual and gender minorities," and GA#467 "Affordable Transgender Hormone Therapy" - that have previously been passed to protect members of the LGBTQ+ community,

CONCERNED, however, that the rights and lives of transgender people continue to be put at risk by the perpetuation of violent hate crimes and discriminatory government policies, and

BELIEVING that the protection of transgender people from such harm ought to be specifically ensured by international law as a priority,

HEREBY:

1. DEFINES "transgender people" as those people who have undergone gender reassignment, or whose gender identity differs from their sex assigned at birth,
2. REQUIRES that member states:
   
   1. grant transgender people equal rights and protection under law, and prohibit discrimination (including anti-transgender hate crimes) against them,
   2. educate all of their inhabitants on how to respect and protect the rights of all minority groups, including the transgender community,
   3. respect the preferred pronouns of all transgender people, and
   4. not discriminate against those who provide government services simply because of what they look like,
3. FORBIDS member states from enacting laws or policies that discriminate against transgender people, including those that have the effect of:
   
   1. preventing transgender people from serving in the military, or requiring transgender military personnel to be discharged, based solely or primarily on their sexual orientation or gender identity,
   2. requiring transgender athletes to participate in sporting events based on their sex assigned at birth, rather than their current gender identity,
   3. forbidding transgender people from using the bathroom of their choice, including by requiring them to use bathrooms intended for use of people who share the sex they were assigned with at birth, and
   4. allowing them, their political subdivisions, or anyone working on their behalf to review the genitals of transgender people when a challenge is filed against those individuals' gender identity, and
4. REAFFIRMS that those providing healthcare services in member states must provide affordable and accessible healthcare for transgender people, including (but not limited to) gender affirmation surgery and mental health services, without discrimination.

Co-authored with Tinhampton.

[Laka Strolistandiler]

[deleted]

[Great Algerstonia]

"Algerstonen healthcare is strained as is, Ambassador. We have no funds left to divert healthcare fundings to matters that do not threaten the health of our citizens. The Stratocracy requests you to either rewrite Clause 5 to have the World Assembly fund transgender-based healthcare, or remove it altogether."

[Daarwyrth]

"Algerstonen healthcare is strained as is, Ambassador. We have no funds left to divert healthcare fundings to matters that do not threaten the health of our citizens. The Stratocracy requests you to either rewrite Clause 5 to have the World Assembly fund transgender-based healthcare, or remove it altogether."

Dame Maria vyn Nysen: "A clause doesn't need to be removed because of the objections of a single nation."

[Great Algerstonia]

"Algerstonen healthcare is strained as is, Ambassador. We have no funds left to divert healthcare fundings to matters that do not threaten the health of our citizens. The Stratocracy requests you to either rewrite Clause 5 to have the World Assembly fund transgender-based healthcare, or remove it altogether."

Dame Maria vyn Nysen: "A clause doesn't need to be removed because of the objections of a single nation."

"Ambassador vyn Nysen, we are well aware of this. We just decided to point this issue out- some countries may lack the technology, the funds, or the resources to expand healthcare to gender reassignment surgery."

[Laka Strolistandiler]

[deleted]

[Daarwyrth]

Dame Maria vyn Nysen: "A clause doesn't need to be removed because of the objections of a single nation."

"Ambassador vyn Nysen, we are well aware of this. We just decided to point this issue out- some countries may lack the technology, the funds, or the resources to expand healthcare to gender reassignment surgery."

"A lack of funds, or lack of will to provide such procedures with funding, I wonder.

I would not be opposed to a clause that allows nations that truly are incapable of paying for such procedures to apply for funding, in the form of a loan. But the WA should not fund such procedures by default fully."