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[DRAFT] Prohibiting Forced Sterilization

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Dekks
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[DRAFT] Prohibiting Forced Sterilization

Postby Dekks » Tue Sep 17, 2019 12:23 pm

Prohibiting Forced Sterilization

Category: Civil Rights | Strength: Significant


The General Assembly,

Recognizing the importance of reproductive rights;

Further Recognizing that many nations use sterilization as punishment, which extends beyond their responsibility to provide justice, safety, and security within their borders and causes permanent damage to those harmed;

Asserting that forced or coerced sterilization runs counter to the rights of bodily autonomy and reproductive freedom;

Abhorring the practice of forced sterilization for any purpose, including social engineering for political, cultural or ideological motives;

Desiring an end to the barbaric practice of forced sterilization;

Defines for the purposes of this resolution a “minor” as any individual under the legal age of majority;

Further Defines “sterilization” as a medical intervention by which an individual loses, either temporarily or permanently, the capability to reproduce through physical modification of the reproductive system or alteration of the physiological processes required for reproduction;

Further Defines “forced or coerced sterilization” as the sterilization of an individual without informed consent, under duress, or the sterilization of a minor;

Excludes from this definition of “sterilization” interventions performed with the exclusive goal of alleviating gender dysphoria or out of medical necessity;


Hereby:

1. Prohibits forced or coerced sterilization in all member nations for any reason;

2. Prohibits the use of sterilization as punishment for criminal and/or penal offenses by member states and their citizens, or as a penalty in any other matter, judicially sanctioned or otherwise;

3. Prohibits the extradition of any individual to any state employing sterilization as punishment, or where it is deemed reasonably likely that sterilization may be used as a penalty in any matter;

4. Prohibits member states from using sterilization to achieve ethnic goals by promoting the procedure among target religious, social, ideological, racial, ethnic, or national groups;

5. Requires member states to evaluate whether any nation they interact with are likely using forced or coerced sterilization;

6. Requires member states to enact reasonable consequences to individuals found performing forced or coerced sterilization and their co-operators;

7. Requires member states to provide travel advisories for countries where forced or coerced sterilizations appear to be performed as a penalty in any matter, as judicially sanctioned or otherwise;

8. Implores member states to provide resources to investigate forced or coerced sterilization cases;

9. Encourages member states to allocate resources to victims of forced or coerced sterilization to address resulting psychological and physical trauma.

Co-authored by Countriopia and Ramelia
Last edited by Dekks on Wed Sep 18, 2019 10:06 am, edited 2 times in total.

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Abacathea
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Postby Abacathea » Tue Sep 17, 2019 12:35 pm

I’ll have a better look at this in more detail when I’m at a computer as opposed to a phone but clauses 6 and 7 are in my view likely to be contentious.

If passed, technically simply by replying to this proposal or any other ambassadors proposal I’d be required to evaluate you as a nation in regards to your stance and practices and then consider economic sanctions. Don’t know if others will share that view or not but just the immediate thought that came to mind on reading it.
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Dekks
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Postby Dekks » Tue Sep 17, 2019 12:47 pm

Abacathea wrote:I’ll have a better look at this in more detail when I’m at a computer as opposed to a phone but clauses 6 and 7 are in my view likely to be contentious.

If passed, technically simply by replying to this proposal or any other ambassadors proposal I’d be required to evaluate you as a nation in regards to your stance and practices and then consider economic sanctions. Don’t know if others will share that view or not but just the immediate thought that came to mind on reading it.


I'll be happy to get and go over any opinions on the proposal we might receive so take your time! I'll definetely consider what you said considering clauses 6 and 7 and see what the best action is on them.

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Sierra Lyricalia
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Postby Sierra Lyricalia » Tue Sep 17, 2019 10:25 pm

"In general terms, ambassador, we support this proposal. It looks to be the most comprehensive draft we've seen on this topic so far. I do have some questions, of course. But first, a language quibble: that preamble clause should just read 'Abhorring the practice of forced sterilization...'"

Dekks wrote:Excludes from this definition of “sterilization” interventions performed with the exclusive goal of alleviating gender dysphoria or out of medical necessity;


"This exclusion would appear to permit member states to continue forcible or nonconsensual reproductive interventions as long as their goal is to alleviate gender dysphoria - like, 'let's round up the trans people so we can "help" them with their "problem"' type of thing. I'm pretty sure that's not what you're going for, but I'm not sure your actual goal is aided by this clause. Is there another way to get where you're trying to go?"
Last edited by Sierra Lyricalia on Tue Sep 17, 2019 10:26 pm, edited 1 time in total.
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Dekks
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Postby Dekks » Wed Sep 18, 2019 10:05 am

Sierra Lyricalia wrote:"In general terms, ambassador, we support this proposal. It looks to be the most comprehensive draft we've seen on this topic so far. I do have some questions, of course. But first, a language quibble: that preamble clause should just read 'Abhorring the practice of forced sterilization...'"

Dekks wrote:Excludes from this definition of “sterilization” interventions performed with the exclusive goal of alleviating gender dysphoria or out of medical necessity;


"This exclusion would appear to permit member states to continue forcible or nonconsensual reproductive interventions as long as their goal is to alleviate gender dysphoria - like, 'let's round up the trans people so we can "help" them with their "problem"' type of thing. I'm pretty sure that's not what you're going for, but I'm not sure your actual goal is aided by this clause. Is there another way to get where you're trying to go?"


It is indeed our goal to make sure that trans people are protected and not demonized in our resolution, however after your urging I do personally think that you are right that there is better wording to achieve it. Your advice is appreciated, I will discuss this with the Co-Authors and fix the language.

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Grays Harbor
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Postby Grays Harbor » Wed Sep 18, 2019 12:00 pm

Further Recognizing that many nations use sterilization as punishment, which extends beyond their responsibility to provide justice, safety, and security within their borders and causes permanent damage to those harmed;

And I would counter that sterilization as punishment, for serial rapists as an example, is precisely providing justice for their victims, and safety, and security for all potential victims. Their right to being safe from rapists supersedes those of the rapist from being sterilized.
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Kenmoria
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Postby Kenmoria » Wed Sep 18, 2019 12:37 pm

Grays Harbor wrote:
Further Recognizing that many nations use sterilization as punishment, which extends beyond their responsibility to provide justice, safety, and security within their borders and causes permanent damage to those harmed;

And I would counter that sterilization as punishment, for serial rapists as an example, is precisely providing justice for their victims, and safety, and security for all potential victims. Their right to being safe from rapists supersedes those of the rapist from being sterilized.

(OOC: One does not require fertility in order to commit rape. Creating children is very rarely, if ever, the motive for committing sexual assault.)
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
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Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

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Abacathea
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Postby Abacathea » Wed Sep 18, 2019 1:09 pm

Grays Harbor wrote:
Further Recognizing that many nations use sterilization as punishment, which extends beyond their responsibility to provide justice, safety, and security within their borders and causes permanent damage to those harmed;

And I would counter that sterilization as punishment, for serial rapists as an example, is precisely providing justice for their victims, and safety, and security for all potential victims. Their right to being safe from rapists supersedes those of the rapist from being sterilized.


Admittedly I agree with this to some degree. I won’t get into the sub categories of rapist/sex offender that exist and that one could argue the applicability of this for and against but it is a fair point.
G.A #236; Renewable Energy Installations (Repealed)
G.A #239; Vehicle Emissions Convention (Repealed).
G.A #257; Reducing Automobile Emissions (Repealed).
G.A #263; Uranium Mining Standards Act
G.A #279; Right of Emigration
G.A #292; Nuclear Security Convention
(Co-Author)
G.A #363; Preservation of Artefacts (repealed)
S.C #118; Commend SkyDip
S.C #120; Commend Mousebumples
S.C #122; Condemn Gest
S.C #124; Commend Bears Armed
S.C #125; Commend The Bruce
S.C #126; Commend Sanctaria
S.C #131: Commend NewTexas
(Co-Author)
S.C #136; Repeal "Liberate St Abbaddon" (Co-Author)
S.C #143; Commend Hobbesistan
S.C #146; Repeal "Liberate Hogwarts"

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Separatist Peoples
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Postby Separatist Peoples » Wed Sep 18, 2019 2:32 pm

"Other than the, frankly concerning, issue of states forcing a surgical procedure on somebody as a form of punishment as a matter of course, sterilization is not, in fact, an effective rape deterrent. Sterilization alone is merely an inability to reproduce, and not comparable to chemical castration, which eliminates at least the ability for male offenders to become erect, and possibly their entire sexual drive. Conflating the two as a failure of the draft displays a concerning ignorance.

"Conversely, we remain opposed to the removal of sterilization from the state as a matter of non-punitive policy. There are rare cases where recognized, hereditary genetic diseases may be, as a matter of policy, desirable to prevent. We would prefer such a power be coupled with an IRB, and a justification based on empirical burdens on the state and empirical evidence of the hereditary nature of the malady. We recognize that we are in the extreme minority, and do not demand accommodation. Nonetheless, this delegation prefers to provide an explanation."
Last edited by Separatist Peoples on Wed Sep 18, 2019 2:33 pm, edited 1 time in total.

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AnneliseLand
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Postby AnneliseLand » Thu Sep 19, 2019 5:25 pm

Dekks wrote:
Prohibiting Forced Sterilization

Category: Civil Rights | Strength: Significant


The General Assembly,

Recognizing the importance of reproductive rights;

Further Recognizing that many nations use sterilization as punishment, which extends beyond their responsibility to provide justice, safety, and security within their borders and causes permanent damage to those harmed;

Asserting that forced or coerced sterilization runs counter to the rights of bodily autonomy and reproductive freedom;

Abhorring the practice of forced sterilization for any purpose, including social engineering for political, cultural or ideological motives;

Desiring an end to the barbaric practice of forced sterilization;

Defines for the purposes of this resolution a “minor” as any individual under the legal age of majority;

Further Defines “sterilization” as a medical intervention by which an individual loses, either temporarily or permanently, the capability to reproduce through physical modification of the reproductive system or alteration of the physiological processes required for reproduction;

Further Defines “forced or coerced sterilization” as the sterilization of an individual without informed consent, under duress, or the sterilization of a minor;

Excludes from this definition of “sterilization” interventions performed with the exclusive goal of alleviating gender dysphoria or out of medical necessity;


Hereby:

1. Prohibits forced or coerced sterilization in all member nations for any reason;

2. Prohibits the use of sterilization as punishment for criminal and/or penal offenses by member states and their citizens, or as a penalty in any other matter, judicially sanctioned or otherwise;

3. Prohibits the extradition of any individual to any state employing sterilization as punishment, or where it is deemed reasonably likely that sterilization may be used as a penalty in any matter;

4. Prohibits member states from using sterilization to achieve ethnic goals by promoting the procedure among target religious, social, ideological, racial, ethnic, or national groups;

5. Requires member states to evaluate whether any nation they interact with are likely using forced or coerced sterilization;

6. Requires member states to enact reasonable consequences to individuals found performing forced or coerced sterilization and their co-operators;

7. Requires member states to provide travel advisories for countries where forced or coerced sterilizations appear to be performed as a penalty in any matter, as judicially sanctioned or otherwise;

8. Implores member states to provide resources to investigate forced or coerced sterilization cases;

9. Encourages member states to allocate resources to victims of forced or coerced sterilization to address resulting psychological and physical trauma.

Co-authored by Countriopia and Ramelia

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Litauengrad
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Postby Litauengrad » Fri Oct 04, 2019 10:48 pm

Comrade Ambassador, do you still intend to move forward with this?

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Dekks
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Founded: Apr 01, 2018
New York Times Democracy

Postby Dekks » Fri Oct 11, 2019 8:50 am

My sincerest apologies for not being able to continue much with furthering this draft after the initial period of activity, I have been very busy and haven't had much time for it sadly. However I do plan to move forward eventually due to there still being interest in this topic.

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Kenmoria
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Postby Kenmoria » Fri Oct 11, 2019 9:00 am

“This looks very good. The legislation is well-written and nothing here is overly objectionable. In clause 6, it should be ‘for individuals’ not ‘to individuals’, and clause 7 could do with some explanation as to what what these travel advisories would do, but this is overall supportable.”
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

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Refuge Isle
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Postby Refuge Isle » Fri Oct 11, 2019 9:18 am

Dekks wrote:My sincerest apologies for not being able to continue much with furthering this draft after the initial period of activity, I have been very busy and haven't had much time for it sadly. However I do plan to move forward eventually due to there still being interest in this topic.

I'm interested in signing onto this resolution, but I also mirror SL concerns. If it's a treatment for gender dysphoria, it's not going to be forced, and excluding that by name in this resolution seems to imply that it could be permissible to force sterilisation for that reason. Since you've said that's not the intention, imo, having it covered in section 4. would make much more sense.

Kenmoria wrote:“This looks very good. The legislation is well-written and nothing here is overly objectionable. In clause 6, it should be ‘for individuals’ not ‘to individuals’, and clause 7 could do with some explanation as to what what these travel advisories would do, but this is overall supportable.”

Travel advice doesn't strictly *do* anything, does it? The purpose is to give notification that an unusual situation or policy occurs in the country in question and could cause the traveller harm.

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Kenmoria
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Corporate Bordello

Postby Kenmoria » Fri Oct 11, 2019 10:27 am

Refuge Isle wrote:
Kenmoria wrote:“This looks very good. The legislation is well-written and nothing here is overly objectionable. In clause 6, it should be ‘for individuals’ not ‘to individuals’, and clause 7 could do with some explanation as to what what these travel advisories would do, but this is overall supportable.”

Travel advice doesn't strictly *do* anything, does it? The purpose is to give notification that an unusual situation or policy occurs in the country in question and could cause the traveller harm.

(OOC: I was more asking for more detail. For example, the clause should probably require that this travel advice be made publicly available, and might go into some depth on what it should contain.)
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.


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