[DEFEATED] Corporal Punishment Ban

[Araraukar]

Article a amended to define corporal punishment as

the infliction of physical pain or harm upon any person, where such infliction action occurs with the intention of penalising a person for an action they actually or apparently have carried out, and where such infliction action occurs without their consent or that of the person intended to be penalised

if that's any good... or better

OOC: With tiny change maybe? Though I'm not sure you want to have the "or" (underlined) there, because that would make it ok to hurt someone (the person actually getting violence inflicted on them) without that person's consent, if you had the consent of the person who's meant to feel sorry. The whole whipping boy thing. Which in my opinion is not ok for the purpose here.

EDIT: Why is mandate c.i. directed at the pupils instead of their parents (who might be using corporeal punishment to punish the students)?

[The powerful lands of America]

Character count: 1,396
Word count: 217

IC: authored by Bianca Venkman, Assistant to the Delegate-Ambassador.

OOC:

• All member states of the Unutilised Nukes except the United States of America (as well as four non-members: Palestine, the Holy See, the Cook Islands and Niue) have ratified the Convention on the Rights of the Child (the Convention).
• The Useless Newspapers' Committee on the Rights of the Child (CRC) has issued two general comments with at least some focus on corporal punishment. General Comment 8 (2007) targets itself mainly at corporal punishment, which the CRC "defines... as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light" (paragraph 11). The CRC further asserts that corporal punishment falls under the umbrella of the Convention's bar on "all forms of physical or mental violence" [Article 19] and must therefore be "eliminate[d]" (paragraph 18).
• General Comment 13 (2011) is focused on violence in general, especially Article 19 of the Convention, and says much less about corporal punishment. Yet the CRC reaffirms that "all forms of violence against children, however light, are unacceptable" (paragraph 17, No exceptions) and that "[a]ll corporal punishment" can be classed as physical violence to that effect (paragraph 22, Physical violence) and as a harmful practice (paragraph 29, Harmful practices).
• Examples of the CRC urging nations to enact a blanket ban on corporal punishment in their concluding observations thereto are legion - it admits in Paragraph 5 of its General Comment 8 that it has addressed "more than 130 States in all continents" about this matter (and heaven knows how many more in the decade-and-a-bit since) - and shall not be reproduced here for reasons of space. Suffice to say that the United Kingdom has not "adopt[ed] legislation throughout the State party to remove the “reasonable chastisement” defence and prohibit all corporal punishment in the family and in any other contexts not covered by existing legislation", let alone "[w]ith urgency", 6,751 days on from the CRC's request to that effect. (NationStates was created 6,711 days ago.)

(Image)
Corporal Punishment Ban
A resolution to improve worldwide human sapient and civil rights.

Category: Civil Rights

Strength: Mild

Proposed by: Tinhampton

---

Recognising corporal punishment to be a form of violence which is disproportionately carried out against children, and

Believing that this body should prohibit such forms of violence...

The General Assembly hereby:

1. defines "corporal punishment" as the infliction of physical pain or harm upon any person, where such infliction occurs with the intention of penalising a person for an action they actually or apparently have carried out, and where such infliction occurs without their consent or that of the person intended to be penalised,
2. requires members to outlaw corporal punishment where doing so is not necessary to maintain discipline in the military, and to abolish all defences to the same not aforementioned,
3. mandates that:
   
   1. all civilian schools in member states inform all of their pupils about Articles a and b, as well as the maximum penalty established for corporal punishment by law, prominently and (where possible) on a regular basis, and
   2. members regularly raise awareness about Articles a and b among all people whose employment requires them to regularly and intentionally interact with children,
4. clarifies that this resolution does not affect the use of force in self-defence, in the defence of others, nor during sexual activity by consenting adults, and
5. urges members to promote non-violent ways of raising children.

(Image)
Corporal Punishment Ban
A resolution to improve worldwide human sapient and civil rights.

Category: Civil Rights

Strength: Mild

Proposed by: Tinhampton

---

Recognising corporal punishment to be a form of violence which is disproportionately carried out against children, and

Believing that this body should prohibit such forms of violence...

The General Assembly hereby:

1. defines "corporal punishment" as the delivery of physical harm to punish any person without that person's consent in order to make that person uncomfortable,
2. requires members to outlaw corporal punishment, regardless of where it occurs, and to abolish all defences to the same,
3. mandates that:
   
   1. all schools in member states thoroughly educate all of their pupils about Articles a and b, as well as the maximum penalty established for corporal punishment by law, on an annual basis, and
   2. members regularly raise awareness about Articles a and b among all people whose employment requires them to regularly and intentionally interact with children, and
4. urges members to promote non-violent ways of raising children.

depends on the crime , if its murder arsen or somethin like that ,accept corprate punishment but dont do it for small crimes

[Tinhampton]

Ambassador Tappe: "Why does this resolution seem to have an exemption for maintaining discipline in the military?"

McTernan: On the requests of ambassadors Herby, DuBois, and Vyn Nysen respectively.

Everything below this line is OOC.

---

tiny change

Consider it done.

EDIT: Why is mandate c.i. directed at the pupils instead of their parents (who might be using corporeal punishment to punish the students)?

Schools exist to educate students, not those who care for students

depends on the crime , if its murder arsen or somethin like that ,accept corprate punishment but dont do it for small crimes

Capital punishment is outlawed for all crimes. This resolution would do the same for corporal punishment... well, almost.

[Araraukar]

EDIT: Why is mandate c.i. directed at the pupils instead of their parents (who might be using corporeal punishment to punish the students)?

Schools exist to educate students, not those who care for students

OOC: But "pupils and their guardians" would still make more sense.

[Bananaistan]

"So while everyone is screaming about that conscription ban that's currently under discussion, you propose to incorporate physical abuse of conscripted soldiers as part of international law.

"Completely utterly and totally opposed. Lose this military exemption and we might reconsider."

[Araraukar]

"So while everyone is screaming about that conscription ban that's currently under discussion, you propose to incorporate physical abuse of conscripted soldiers as part of international law.

"Completely utterly and totally opposed. Lose this military exemption and we might reconsider."

"Well it's already banning violence during a war, between the opposing forces, if there's any sense of "punishment" applied by either side to the whole business of killing and maiming, so might as well go the last centimetre of the metre stick and ban peacetime military violence as well."

[Ardiveds]

"So while everyone is screaming about that conscription ban that's currently under discussion, you propose to incorporate physical abuse of conscripted soldiers as part of international law.

"Completely utterly and totally opposed. Lose this military exemption and we might reconsider."

"Ambassador, how do you train your military? How do you punish insubordination? Give them a stern talking, ground them and call their parents? Or do you give them a toffee and talk about the importance of following orders while rubbing their back?"

[Potted Plants United]

"So while everyone is screaming about that conscription ban that's currently under discussion, you propose to incorporate physical abuse of conscripted soldiers as part of international law.

"Completely utterly and totally opposed. Lose this military exemption and we might reconsider."

"Ambassador, how do you train your military? How do you punish insubordination? Give them a stern talking, ground them and call their parents? Or do you give them a toffee and talk about the importance of following orders while rubbing their back?"

"Do you not pay your soldiers? Fine them, like you would any civilian breaking the rules of society. Or make them stand at attention wearing a pink fairy outfit, while the rest of their platoon is made to do push-ups. Shame works better than pain, when it comes to making a lesson stick. If you hurt them, they only remember the pain. If you make them feel ashamed, they remember their transgression and connect it to the feeling of shame."

[Ardiveds]

"Ambassador, how do you train your military? How do you punish insubordination? Give them a stern talking, ground them and call their parents? Or do you give them a toffee and talk about the importance of following orders while rubbing their back?"

"Do you not pay your soldiers? Fine them, like you would any civilian breaking the rules of society. Or make them stand at attention wearing a pink fairy outfit, while the rest of their platoon is made to do push-ups. Shame works better than pain, when it comes to making a lesson stick. If you hurt them, they only remember the pain. If you make them feel ashamed, they remember their transgression and connect it to the feeling of shame."

"Pain works better than shame, when it comes to making a lesson stick. If you shame them, they only remember the shame. If you make them feel pain, they remember their transgression and connect it to the feeling of pain."

OOC: Also, correct me if I'm wrong, but even simple military training stuff would fall under corporal punishment by this definition if used as punishment. For example, even if it's regular military training to do say, twelve push-ups, as soon as someone has to do twelve push-ups as a punishment, it's suddenly corporal punishment because those push-ups are still painful.
What I'm saying is, while I'm not against restriction on the extent of pain and violence in military training, such a clause has to be written carefully to avoid shit like this.

[Tinhampton]

Am considering excising the military exemptions from Articles b and c(i), and changing Article d to the following:

clarifies that this resolution does not affect the use of force in self-defence, in the defence of others, in the course of organised armed conflict, nor during sexual activity by consenting adults, and

[Bananaistan]

"So while everyone is screaming about that conscription ban that's currently under discussion, you propose to incorporate physical abuse of conscripted soldiers as part of international law.

"Completely utterly and totally opposed. Lose this military exemption and we might reconsider."

"Ambassador, how do you train your military? How do you punish insubordination? Give them a stern talking, ground them and call their parents? Or do you give them a toffee and talk about the importance of following orders while rubbing their back?"

"Doing ten extra pushups is not corporal punishment."

[Greater Cesnica]

it's suddenly corporal punishment because those push-ups are still painful

OOC: No wonder western militaries are getting so soft lately. That's the threshold of pain? That's corporal punishment? You've got to be kidding me.

[Tinhampton]

I have gone through with the changes I threatened(?) about 100 minutes ago

[Bananaistan]

OOC: The definition of corporal punishment is longwinded and unclear. It also doesn't now, for example, prohibit a teacher form beating seven shades of shit out of some poor kid who didn't do his homework.

[Ardiveds]

it's suddenly corporal punishment because those push-ups are still painful

OOC: No wonder western militaries are getting so soft lately. That's the threshold of pain? That's corporal punishment? You've got to be kidding me.

OOC: Not unless you're saying pushups aren't painful at all. The definition doesn't set any borders on the extent or tolerability of pain so it is entirely reasonable to assume that even the smallest amount of pain involved in the punishment is enough to justify it being called a corporal punishment. This works in the case of children but not soldiers.

[Waldenes]

"So while everyone is screaming about that conscription ban that's currently under discussion, you propose to incorporate physical abuse of conscripted soldiers as part of international law.

"Completely utterly and totally opposed. Lose this military exemption and we might reconsider."

“The people of Waldenes share this concern with the Ambassador from Bananaistan. This exclusion for military use seems utterly contradictory to the point and spirit of this law. If amended, you will have our support.”

[Tinhampton]

"So while everyone is screaming about that conscription ban that's currently under discussion, you propose to incorporate physical abuse of conscripted soldiers as part of international law.

"Completely utterly and totally opposed. Lose this military exemption and we might reconsider."

“The people of Waldenes share this concern with the Ambassador from Bananaistan. This exclusion for military use seems utterly contradictory to the point and spirit of this law. If amended, you will have our support.”

McTernan: There is no longer such an exemption - as has been made clear earlier. Solutions to the Bananamen's... more recent concerns would be heavily appreciated by meself, Alex, Lydia, and everyone else.

[Waldenes]

“The people of Waldenes share this concern with the Ambassador from Bananaistan. This exclusion for military use seems utterly contradictory to the point and spirit of this law. If amended, you will have our support.”

McTernan: There is no longer such an exemption - as has been made clear earlier. Solutions to the Bananamen's... more recent concerns would be heavily appreciated by meself, Alex, Lydia, and everyone else.

*The Ambassador scratches his head, appearing a bit befuddled.*

“My apologies, Ambassador, I am not quite sure how I missed that. Very well. Waldenes will support the proposal as currently written.”

[Tinhampton]

Article a now defines corporal punishment as

causing physical harm or pain to any person in order to penalise any person for actually or apparently conducting (or not conducting) any action, where such infliction occurs without the consent of either the person harmed or the person intended to be penalised.

Are there any objections of substance to this new, somewhat sleeker definition?

[Araraukar]

Article a now defines corporal punishment as

causing physical harm or pain to any person in order to penalise any person for actually or apparently conducting (or not conducting) any action, where such infliction occurs without the consent of either the person harmed or the person intended to be penalised.

Are there any objections of substance to this new, somewhat sleeker definition?

OOC: The "for actually - any action" stretch is unnecessary.

And "such infliction occurs" should likely be "such punishment is carried out".

[Tinhampton]

Consider it done, Ara.

"I remain intent on submitting this in the ridiculously near future if there are no more serious flaws" will remain my official stance on this proposal until it is actually submitted, for clarity.

[Tinhampton]

A wise man called Bananaistan once said "only submit your proposal when it is ready, not before." Is this proposal ready?

[Jedinsto]

A wise man called Bananaistan once said "only submit your proposal when it is ready, not before." Is this proposal ready?

Do you think it's ready?

[Tinhampton]

A wise man called Bananaistan once said "only submit your proposal when it is ready, not before." Is this proposal ready?

Do you think it's ready?

Articles b, c, d, and e definitely are

[Jedinsto]

Maybe throw in some ambiguity in the definition so it has some threshold of actual pain, or reword it so that pushups do not count as corporal punishment.