[PASSED] Protection of Apostates
Posted: Tue May 25, 2021 4:23 pm
CURRENT DRAFT:
OOC: After a period of drafting this resolution proposal on the Forest offsite forums, I have decided to move it to drafting here as well. Your feedback and thoughts are most welcome!
One of the critiques that I expect on this draft is GAR #430 “Freedom of Religion”, and that this proposal draft might duplicate it. Yet GAR #430 states in Clause 2 “without fear of state punishment, reprisal, or persecution”. The words “state punishment, reprisal, or persecution” are repeated throughout all clauses, but the resolution doesn’t speak about reprisals, punishment or persecution from non-state actors, such as the leadership of a religion or religious group. This resolution targets those, and as such, doesn’t duplicate “Freedom of Religion” or contradict it, in my opinion. There is precedent for the World Assembly regulating non-state actors, namely in my old friend GAR #527 "Protected Working Leave" Clause 3, which forbids "employers from discriminating or retaliating against workers for requesting or taking paid leave pursuant to section 2 of this resolution; such retaliation including".
After significant contributions to the improvement of this draft, Bears Armed has become a co-author of this resolution under the nation Bears Armed Mission.
DRAFT 3:
DRAFT 2:
DRAFT 1:
Cognizant of its commitment to grant all inhabitants of member nations the right to practice their religion freely and in peace, and in a manner that is in agreement with their conscience, and their religion's teachings; yet
Equally committed to ensuring that the safety and wellbeing of apostates are secured, and similarly protected by the wings of World Assembly law;
The General Assembly hereby:
- Defines for the purposes of this resolution:
- 'apostate' as any natural person who has formally renounced their religion and/or religious beliefs; and
- 'apostasy' as the act of a natural person freely and consciously, formally renouncing their religion and/or religious beliefs; and
- 'religious leadership' as any individual, group or entity that has a leadership function within a religion, religious institution, or any other organised belief-system;
- Requires that member states treat apostasy as a legal act within their national jurisdictions;
- Acknowledges the right of apostates and people considering apostasy not to be subjected to any form of punishment, reprisal, persecution, or humiliation, as a result of their apostasy or their contemplation of this change, whether by religious leaderships or by individual or grouped members of a religion or organised belief-system, beyond those forms of treatment that would also be legal if carried out for reasons other than religiously-motivated ones;
- Clarifies that, as far as earlier General Assembly resolutions that are presently in force allow, religious institutions are still allowed to bar apostates from employment in their service in roles for which faith can reasonably be considered relevant, such as priesthood or teaching about religious matters, and from access to their places of worship (except as necessary for the proper performance of legitimate tasks such as by emergency services, official safety inspectorates, or armed forces, and except for any parts of those premises that are being used at the time for significant secular purposes, for example as polling stations or as emergency shelters) or participation in their religious & church-organised social activities;
- Decrees that the process of apostasy must not be unduly restricted, or obstructed by onerous bureaucracy, or force individuals to pass through discouraging or humiliating practices in order to enact it;
- Mandates that member nations recognise the right of apostates, and individuals contemplating apostasy, to keep the reasoning behind their decision to commit apostasy private;
- Clarifies that religious leaderships, or individual members of a religion or organised belief-system, are permitted to attempt to convince those contemplating apostasy, or apostates themselves, to remain faithful through reasonable conversation and debate;
- Specifies that a refusal to partake in a conversation or debate as per Clause 7, by either an apostate, or an individual contemplating apostasy, shall not have any consequences to the detriment of that apostate or individual;
- Requires that member states enforce the articles of this resolution in a manner that entices compliance, or that inspires deterrence regarding non-compliance with the content of this legislation.
Co-authored with Bears Armed Mission.
OOC: After a period of drafting this resolution proposal on the Forest offsite forums, I have decided to move it to drafting here as well. Your feedback and thoughts are most welcome!
One of the critiques that I expect on this draft is GAR #430 “Freedom of Religion”, and that this proposal draft might duplicate it. Yet GAR #430 states in Clause 2 “without fear of state punishment, reprisal, or persecution”. The words “state punishment, reprisal, or persecution” are repeated throughout all clauses, but the resolution doesn’t speak about reprisals, punishment or persecution from non-state actors, such as the leadership of a religion or religious group. This resolution targets those, and as such, doesn’t duplicate “Freedom of Religion” or contradict it, in my opinion. There is precedent for the World Assembly regulating non-state actors, namely in my old friend GAR #527 "Protected Working Leave" Clause 3, which forbids "employers from discriminating or retaliating against workers for requesting or taking paid leave pursuant to section 2 of this resolution; such retaliation including".
After significant contributions to the improvement of this draft, Bears Armed has become a co-author of this resolution under the nation Bears Armed Mission.
DRAFT 3:
DRAFT 2:
DRAFT 1: