viewtopic.php?f=9&t=462788
Banning Discrimination in Religious Organisations
Category: Civil rights
Strength: Mild
Proposed by: Maowi
The World Assembly,
Aware that discrimination within religious organisations against certain groups causes significant spiritual and psychological harm to individuals within those groups,
Outraged that this discrimination is, in many member nations, still permitted as being a compelling practical purpose, and
Determined to put an end to this disguised yet no less deplorable discrimination,
Hereby:
Defines, for the purposes of this resolution, a ‘religious organisation’ as any member nation or organisation of natural persons offering religious services, or basing its actions on religious beliefs or teachings;
Mandates that no religious organisation may deny a person a right, power, permission or service based on their innate belonging to a reductive category; but
Makes an exception to the above, in that religious organisations may deny a person a right, power, permission or service based on their religious beliefs, or lack thereof, except for the right to convert to their religion.
The author Maowi openly states in the drafting thread that this proposal is intended to close a ‘loophole’ left in GAR#35, by removing member nations’ power to declare the existence of a “compelling practical purpose” for continuing to allow discrimination in these matters. Given that when GAR#35 gives member nations the authority to define “compelling practical purpose” it says nothing at all about allowing future GA legislation to limit that authority, this seems to me to be a clear case of Contradiction and thus Illegal.
Some people have defended the proposal’s legality by stating that GenSec has already allowed other proposals to limit nations’ authority to define “compelling practical purpose”. I can neither remember nor find any formal, collective GenSec rulings to that effect: Can you? If no such rulings do exist then any such proposals being “allowed” would presumably have been a matter either of individual GenSec members giving opinions or simply of potential illegalities slipping past all of us without being noticed at the time, in which case — under the rules & guidelines that we’ve been following — I think they don’t count as valid precedents. Otherwise, after all, the passage of the “historial” resolution ‘Max Barry Day’ would effectively have cancelled the rules against both RL References and Meta-Gaming, but the Mods continued to enforce both of those rules right through until GenSec was established and we have cited them often enough since then as well…
One of this proposals' defenders specifically mentioned GAR#457 ‘Defending The Rights Of Sexual And Gender Minorities’ as an example of a passed resolution that they thought already limited nations’ authority to define “compelling practical purposes”. I point out that this resolution specifically applied, according to its own text, “ subject to previously passed extant World Assembly resolutions”… which means that it has to recognise member nation’s authority over defining “compelling practical purposes” in full. (A case could also be made that if GAR #457 doesn't Contradict GAR #35 then it does nothing but Duplicate it, and that -- although it's too late to do anything about it now -- GenSec should therefore have declared that proposal illegal before it was passed.)
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ADDITION (4th May 2019)
Having thought further about this proposal's legality, i also see an arguable contradiction of GAR #27: 'Freedom of Assembly'. Explanation: memberlist.php?mode=viewprofile&u=175 .