[PASSED] Helplines for Victims of Domestic Abuse

[Sedgistan]

Celebrating the World Assembly's history of addressing domestic abuse in member nations, through legislation such as "Protections for Sexual Assault Victims", "Addressing Domestic Abuse", "Prohibition of Honor-Based Violence", and "Sexual Autonomy Guarantee";

Noting, however, that in some member nations a substantial factor which prevents victims of domestic abuse from seeking or receiving help is insufficient access to resources for dealing with domestic abuse, such as insufficient access to specialised therapy for domestic abuse victims;

The World Assembly enacts as follows, subject to relevant past World Assembly law still in force.

1. Helplines: Every member nation must create, or ensure the operation of, one or more helplines for coping with maltreatment by a cohabitant, whether past or continued. These helplines collectively must promptly provide directly or refer users on request to free counselling for dealing with or recovering from maltreatment by a cohabitant.
   
   
   1. No cohabitant of a victim may use physical or other force in order to restrain or otherwise prevent said victim from accessing such helplines. Cases of violent crime must be treated as aggravated where the perpetrator attempted to so prevent their victim from accessing such services.
      
      
   2. No member nation, or administrative or political subdivision thereof, may penalise any individual for accessing or seeking to access such helplines.
   
   
2. Compliance support: Where a member nation can prove to the General Accounting Office that compliance with this resolution would pose a substantial burden to the finances, economy, or resources of that member nation, the World Assembly may directly support that nation's compliance with this resolution by, subject to that nation's consent, either (a) providing General Fund monies to that nation at a quantity sufficient to allow that nation to comply with this resolution without such a burden; or (b) directly establishing Section 1 helplines in that nation via the World Health Authority. Section 2a monies may not be used for any purpose other than funding compliance with this resolution.
   
   
3. Scope: No aspect of this resolution should be interpreted as standing in the way of further protections for victims of maltreatment by a cohabitant. Within this resolution, "cohabitants" of an individual includes intimate partners of that individual even if not physically living together.

[The Ice States]

Drafts eaten by the devil.

Celebrating its history of addressing domestic abuse in member nations, through legislation such as "Addressing Domestic Abuse", "Sexual Autonomy Guarantee", and "Prevention of Child Abuse";

Noting, however, that in some member nations a substantial factor which prevents victims of domestic abuse from seeking or receiving help is insufficient access to resources for dealing with domestic abuse, including both unwillingness from law enforcement to deal with domestic abuse and insufficient access to specialised therapy for domestic abuse victims;

The World Assembly enacts as follows.

1. Definitions: The following provisions must be followed in interpretation of this resolution,
   
   1. "serious domestic abuse" refers to any form of physical or sexual violence, or credible threats thereof, against an individual, including administering any substance to that individual against the will of that individual, where such an act
      
      
      1. is performed by a cohabitant of that individual, with the exception of reasonable defense of self or of others; and
         
         
      2. is likely to cause non-de minimis physical or emotional harm to the subject of said action.
      
      
   2. a "victim" is an individual subject to serious domestic abuse;
      
      
   3. "cohabitants" of an individual include the guardians or custodians of said individual;
      
      
   4. "law enforcement agency" and associated terms exclude any agencies not tasked with immediately responding to calls for service; and
      
      
   5. terms in the singular include the plural thereof, and vice versa.
2. Helplines: Every member nation must create, or ensure the operation of, one or more helplines for coping with past or continued maltreatment by a cohabitant. These helplines collectively must promptly provide directly or refer users to free counseling for dealing with or recovering from such maltreatment, on request of any subject of such maltreatment.
   
   
3. Law enforcement agencies: Upon bona fide request from a victim or observer of imminent or ongoing serious domestic abuse, a law enforcement agency with jurisdiction over said abuse must promptly provide law enforcement services to prevent or halt said abuse.
   
   
   1. No cohabitant of a victim or observer of serious domestic abuse may use physical force in order to restrain or otherwise prevent said victim or observer from accessing such services. Existing cases of serious domestic abuse must be treated as aggravated where the perpetrator attempted to so prevent their victim from accessing such services.
      
      
   2. No member nation, or administrative or political subdivision thereof, may penalise any individual for seeking, making a bona fide request for, or being provided such law enforcement action.
   
   
4. Compliance support: Where a member nation can prove to the General Accounting Office that compliance with this resolution would pose a substantial burden to the finances, economy, or resources of that member nation, the WA General Fund may provide monies to that member nation at a quantity sufficient to allow that member nation to comply with this resolution without such burden.
   
   
   1. Such monies may not be used for any purpose other than funding compliance with this resolution.
      
      
   2. Section 2 and 3 services may also be directly established by the World Health Authority and International Enforcement Commission respectively in a member nation on request of that member nation, where that member nation is otherwise unable to comply with this resolution without such burden.

[Tinhampton]

Article 2 should be its own proposal which should cover helplines for more situations (and I note that the WA doesn't even require member states to have an emergency telephone number yet). Article 3 is pointless because no reasonable police force would delay the enforcement of laws to prevent violence. We'll also most likely have three resolutions about domestic abuse if this passes, which I believe will be more than literally any other subject (abortion, trans hormone therapy and biomedical donation - among other subjects - have two each). No support.

[Juansonia]

1. Definitions: The following provisions must be followed in interpretation of this resolution,
   
   1. "serious domestic abuse" refers to any form of physical or sexual violence, or credible threats thereof, against an individual, including administering any substance to that individual against the will of that individual, where such an act
      
      
      1. is performed by a cohabitant of that individual, with the exception of reasonable defense of self or others; and
         
      2. is likely to cause non-de minimis physical or emotional harm to the subject of said action.
   2. --snip--
2. Helplines: Every member nation must create, or ensure the operation of, one or more helplines for coping with past or continued maltreatment by a cohabitant. These helplines collectively must promptly provide directly or refer users to free counseling for dealing with or recovering from such maltreatment, on request of any subject of such maltreatment.
   
   --snip--

"In the case of 1A, I would reccomend addressing 'reasonable defense' separate from 'is performed by a cohabilitant' clause, since both in the same clause to each other doesn't work well. As for clause 2, I'd recommend either scrapping that part or accommodating member states which do not have telephone infrastructure."
- Maria-Fernanda Novo, WA Ambassador for the Armed Republic of Juansonia

[The Ice States]

Article 2 should be its own proposal which should cover helplines for more situations (and I note that the WA doesn't even require member states to have an emergency telephone number yet). Article 3 is pointless because no reasonable police force would delay the enforcement of laws to prevent violence. We'll also most likely have three resolutions about domestic abuse if this passes, which I believe will be more than literally any other subject (abortion, trans hormone therapy and biomedical donation - among other subjects - have two each). No support.

You can write another resolution establishing an emergency telephone number. That it has not already been done is not a relevant argument against this proposal. I also fail to see how it is of any relevance what number of other resolutions have addressed similar topics, inasmuch as there is no redundancy. You have not presented an argument for redundancy with other resolutions.

"In the case of 1A, I would reccomend addressing 'reasonable defense' separate from 'is performed by a cohabilitant' clause, since both in the same clause to each other doesn't work well. As for clause 2, I'd recommend either scrapping that part or accommodating member states which do not have telephone infrastructure."
- Maria-Fernanda Novo, WA Ambassador for the Armed Republic of Juansonia

"We have edited 1a for clarity. In this day and age, it seems very unreasonable for a nation not to have any form of telecommunication systems; note that the resolution does not require telephones in particular to be used."

~Alexander Nicholas Saverchenko-Colleti,
World Assembly Ambassador,
The Communal Union of the Ice States.

Ooc: Given that literally every nation in real life has both telephone lines and cellphones, [1][2] I see no reason to accomodate such blatant RP wank.

[The Ice States]

The scope of this proposal has been broadened to all violent crime, per comments off-site from Barfleur. Comments on the new revision appreciated.

[Barfleur]

"As amended, we support this draft. We remind member nations that this resolution does not require them to create any new category of crime except interfering with the reporting of an existing crime. These existing crimes, in turn, derive from national and WA law, meaning that nations which, for their own reasons, lack their own criminal laws will not face and new requirements to change that."

[States of Glory WA Office]

Neville: 'Ambassador, perhaps I am misreading the proposal, but it seems to me that underneath the legalese, the proposal is basically requiring police forces to enforce existing laws against violent crimes, which seems rather superfluous and unworthy of World Assembly time. If the argument is that some police forces are unwilling to deal with violent crimes then I think that we are talking about a bigger problem than violent crimes specifically. We need to look at the reasons behind why police forces may hesitate to pursue certain crimes, whether violent or non-violent, and address those instead. If the reason is corruption then draft a proposal dealing with corruption in law enforcement. If the reason is racism then draft a proposal dealing with racism in law enforcement. If the reason is that the accused is law enforcement themselves then draft a proposal dealing with law enforcement protecting their own. These ideas would seem, to me, to be far more valuable to pursue than a proposal that would seem, at least in my view, to require nothing more than that law enforcement actually enforces the law. If anything, I think the section about helplines has the most potential here for a resolution that could make an actual difference to victims' lives.'

[The Ice States]

Bump. I've changed this draft to only address helplines and remove the law enforcement provisions.

[Ostrovskiy]

OOC: The World Assembly enacts as follows, subject to relevant past World Assmebly law still in force.

Emphasis mine

[The Ice States]

OOC: The World Assembly enacts as follows, subject to relevant past World Assmebly law still in force.

Emphasis mine

Thanks, I've corrected this.

[Tinhampton]

I would commend the use of "Helplines for Victims of Domestic Abuse" as a more precise title.

[The Ice States]

I would commend the use of "Helplines for Victims of Domestic Abuse" as a more precise title.

Done.

[The Ice States]

Bump.

[The Ice States]

Consider this a threat to submit after the CoCR repeal absent further commentary.

[The Ice States]

To quote Tinhampton,

Helloooooooooooo?

[Kenmoria]

(OOC: What is the meaning of ‘or observer’ in the first clause? Is that an observer to ensure compliance with GA law, an observer of the violence, or just any other person than the victim or perpetrator? On a very minor point, there should be ‘a’ between ‘such’ and ‘burden’ where ‘such burden’ appears in the second clause. I am not certain whether I agree with 1a, but I will think more about it. Could you explain why you included the provision about aggravation of the offence?)

[Coporiana]

Can I ask why the language of specifically "maltreatment by a cohabitant" is being used? It seems to be creating a large loophole where domestic abuse committed by a non-cohabiting partner is not covered under this resolution, leaving a large portion of domestic violence victims out of the jurisdiction of these helplines. I highly support the intentions of this legislation, just slightly worried that it's too harshly narrowing the definition of domestic violence. Other commentary in red.

Celebrating its history of addressing violent crime in member nations, through legislation such as "Protections for Sexual Assault Victims", "Addressing Domestic Abuse", "Prohibition of Honor-Based Violence", and "Sexual Autonomy Guarantee";

Noting, however, that in some member nations a substantial factor which prevents victims of violent crimes from seeking or receiving help is insufficient access to resources for dealing with violent crime, such as insufficient access to specialised therapy for violent crime victims; Why not use this to specifically discuss the problem of domestic violence and DV reporting? For a resolution seeking to reduce domestic violence, not explicitly mentioning it by name seems like an oversight.

The World Assembly enacts as follows, subject to relevant past World Assembly law still in force.

1. Helplines: Every member nation must create, or ensure the operation of, one or more helplines for coping with maltreatment by a cohabitant, whether past or continued. These helplines collectively must promptly provide directly or refer users on request to free counselling for dealing with or recovering from maltreatment by a cohabitant. While tricky because of the wide variety of enforcement mechanisms across member states, I believe that this resolution should also establish that these hotlines should be reporting to a respective government agency (whether it be law enforcement, social services, or another similar body
   
   
   1. No cohabitant of a victim may use physical or other force in order to restrain or otherwise prevent said victim or observer from accessing such helplines. Cases of violent crime must be treated as aggravated where the perpetrator attempted to so prevent their victim from accessing such services. Again, cohabitant here limits the enforcement of this statute because not all DV is perpetrated by a cohabitant of the victim.
      
      
   2. No member nation, or administrative or political subdivision thereof, may penalise any individual for accessing or seeking to access such helplines.
   
   
2. Compliance support: Where a member nation can prove to the General Accounting Office that compliance with this resolution would pose a substantial burden to the finances, economy, or resources of that member nation, the WA General Fund may provide monies to that member nation at a quantity sufficient to allow that member nation to comply with this resolution without such burden. Such monies may not be used for any purpose other than funding compliance with this resolution. Alternatively, the World Health Authority may directly create Section 1 helplines in a member nation with that member nation's consent, should that member nation be otherwise unable to comply with this resolution without such burden. What difference does it make whether the WA funds the hotline or actually engages in the creation of it? There seems to be no distinction between the qualifications for either item, and while it might not be necessary, is something to consider.
   
   
3. Scope: No aspect of this resolution should be interpreted as standing in the way of further protections for victims of maltreatment by a cohabitant.

[The Ice States]

I have addressed all of these comments with the exception of mandatory reporting. I am hesistant to include such a provision as such policies are typically ineffective and merely increase frivolous reports. Eg (Emily Keddell, "Mandatory reporting"; 2022).

[Coporiana]

I have addressed all of these comments with the exception of mandatory reporting. I am hesistant to include such a provision as such policies are typically ineffective and merely increase frivolous reports. Eg (Emily Keddell, "Mandatory reporting"; 2022).

I am much more in favor of this current draft, and on further reflection would agree with excluding mandatory reporting. While I'm not entirely in agreement with not having a mechanism to alert authorities to such severe crimes, it would most likely cause more harm than good, especially in jurisdictions with overzealous police forces or more authoritarian governance. I appreciate the insights presented in the source and have no further comments on the draft!

[Kenmoria]

Ambassador Fortier stands to speak. “I ask an exploratory question. Why is it necessary for the General Assembly to require specifically that helplines are present for domestic violence? There are multiple ways to combat domestic violence. Why does the General Assembly have to mandate this specific method? This possibly seems reminiscent of micromanagement.”

[Coporiana]

Ambassador Fortier stands to speak. “I ask an exploratory question. Why is it necessary for the General Assembly to require specifically that helplines are present for domestic violence? There are multiple ways to combat domestic violence. Why does the General Assembly have to mandate this specific method? This possibly seems reminiscent of micromanagement.”

Ambassador Dei rises to respond "While I understand your concerns, I do not believe that this resolution is as specific as one might think. This proposal does not actually specify that a dedicated hotline must be established or maintained, but rather states that there must be a hotline that has the ability to provide resources to victims of domestic violence, which could include a call center that takes people redirected from an emergency response hotline or any other type of support number. This gives leeway for member nations to establish their systems as they see fit, with as much or as little centralization as possible.
The use of a hotline method also circumvents a key flaw in the implementation of domestic violence protection initiatives: community support and engagement. Most other responses to this issue, especially in my home country, rely on providing support and care for the victim through the community. If the World Assembly were to try to mandate more communal forms of support, such as mandatory reporting or collective rehabilitation, that would most likely not be successful due to the vast array of cultures across member nations. This proposal, as I read it, seeks to provide a method of support for victims that does not rely on community or location, but rather distributes it as far and wide as possible. Sometimes we must be specific in order to tackle a widespread problem, and I believe that this proposal does so without meddling too closely in member nations affairs."

[The Ice States]

I am quite happy with how this has turned out and have thus marked it as on last call, with submission intended no later than Friday.

[Simone Republic]

Ambassador Fortier stands to speak. “I ask an exploratory question. Why is it necessary for the General Assembly to require specifically that helplines are present for domestic violence? There are multiple ways to combat domestic violence. Why does the General Assembly have to mandate this specific method? This possibly seems reminiscent of micromanagement.”

Ditto. I don't mind having a helpline but it seems lacking an international angle. Not that I haven't written resolutions myself that largely regulate domestic industry. Getting the General Fund to fund a domestic violence helpline to seems to go down the path of the GF funding everything.

[Desmosthenes and Burke]

This now at vote. We are opposed on grounds of being the internal domestic affairs of member states.