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[DRAFT #1] [READ THE OP FIRST!] Repeal GA#128 "On Abortion"

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Tinhampton
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[DRAFT #1] [READ THE OP FIRST!] Repeal GA#128 "On Abortion"

Postby Tinhampton » Thu Jul 09, 2020 11:34 am

TINHAMPTONIAN MINISTRY OF WORLD ASSEMBLY AFFAIRS: Notice of Submission Warning
This proposal may or may not be submitted; we will let you know soon. Thank you for your consideration.

THIS IS A REPEAL FROM A PRO-CHOICE PERSPECTIVE
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(OOC: Several of the Predecessor Organisation's resolutions were repealed simply - or primarily - because they imposed no mandates on member states or were otherwise ineffective. See HR#108, 137, 161, 176, 199, 213, 220, 228, 241, and 244.)
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Repeal "On Abortion"
A resolution to repeal previously passed legislation.
Category: Repeal
Target: GA#128
Proposed by: Tinhampton

General Assembly Resolution #128 “On Abortion” (Category: Human Rights; Strength: Mild) shall be struck out and rendered null and void.

Believing that every person has the right to bodily sovereignty, including the right to seek an abortion; and also that resolutions which, if repealed, would not significantly change a member state's obligations under international law should be struck from the statute books,

Recognising that GA#286 "Reproductive Freedoms" also supercedes Articles 1, 2, and 6 (as well as the second part of Article 4) of GA#128; in making the right to an abortion universal, ensuring that it can be safely and readily accessed, and guaranteeing that nobody who wants an abortion is deterred for seeking a "medical procedure,"

Declaring that GA#286 also renders Article 7 of the target resolution unnecessary, being itself a byproduct of the dispensation the WA gave itself in that article to legally expand the right to an abortion,

Noting that - due to the above interpretations - GA#29, the "Patient's Rights Act," pre-emptively supercedes Article 3 of the target resolution in requiring that patients be "involved in decisions concerning their care" - including abortion - and that they may refuse consent to medical treatment like abortion in almost all cases,

Concerned that Article 5 of GA#128, which allows doctors to conscientiously opt out of carrying out abortions, could force individuals into seeking "backstreet abortions" of dubious safety if there are not enough doctors in their area willing to legally perform abortion,

Hopeful that, while the guarantee in the first part of Article 4 of GA#128 is not free-standing in any other resolution, its members will take the utmost care in ensuring that anybody who intends to carry out an abortion is qualified to do so, and

Concluding that GA#128 is unnecessary in light of other legislation passed by this august body; and that its repeal WILL NOT IMPAIR anybody's right to seek an abortion for any reason within the World Assembly's jurisdiction...

The General Assembly hereby repeals GA#128 "On Abortion."
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Postby Union of Sovereign States and Republics » Thu Jul 09, 2020 12:18 pm

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Godular
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Postby Godular » Thu Jul 09, 2020 1:04 pm

"I get the feeling here that the primary rationale for attempting to repeal the legislation targeted by this proposal is that it is adequately addressed by other legislation, is this a mistaken impression?"
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Postby Imperium Anglorum » Thu Jul 09, 2020 1:06 pm

Supersede is spelt with an "s"; the latter part comes from a seat.

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Postby Graintfjall » Thu Jul 09, 2020 2:33 pm

“This is sensible. Resolution #128 is poorly written and conflicts with other articles of international law. While it does no great harm having been superseded, we agree with the basic sense of this repeal that redundancies should be struck out.

“We would strongly support this repeal were we to take active membership of the World Assembly. In our present situation, we will simply strongly not-quite-support it. Gangi þér vel!

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Postby Farnhamia » Thu Jul 09, 2020 3:04 pm

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Postby Fluvannia » Thu Jul 09, 2020 3:22 pm

“We actually prefer GA#128 to GA#286, as we feel 128 embodies reasonable compromise between two sides of a hot-button issue as well as adequate respect for national sovereignty, two things 286 lacks.”
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Postby Araraukar » Thu Jul 09, 2020 3:25 pm

OOC: About your concerned clause, there's always this... viewtopic.php?p=35370861#p35370861

Doesn't make it perfect, obviously, but should reduce the scope of the issue somewhat.

Also, if you're serious about this being a pro-choice repeal, wait until IA's thingy has been passed, before properly trying this.
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La xinga
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Postby La xinga » Thu Jul 09, 2020 3:28 pm

We would rather you repeal 286 than his one.
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Astrobolt
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Postby Astrobolt » Thu Jul 09, 2020 5:27 pm

Fluvannia wrote:“We actually prefer GA#128 to GA#286, as we feel 128 embodies reasonable compromise between two sides of a hot-button issue as well as adequate respect for national sovereignty, two things 286 lacks.”


"There is no need for the pro-choice side to compromise here. The pro-choice crowd has far more sway than the pro-life crowd does in the GA."
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Separatist Peoples
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Postby Separatist Peoples » Thu Jul 09, 2020 5:28 pm

Astrobolt wrote:
Fluvannia wrote:“We actually prefer GA#128 to GA#286, as we feel 128 embodies reasonable compromise between two sides of a hot-button issue as well as adequate respect for national sovereignty, two things 286 lacks.”


"There is no need for the pro-choice side to compromise here. The pro-choice crowd has far more sway than the pro-life crowd does in the GA."

"Indeed. Such that the pro-life crowd is deathly afraid of seeing Access to Abortions make it to vote."

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Fluvannia
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Postby Fluvannia » Thu Jul 09, 2020 6:27 pm

Astrobolt wrote:
Fluvannia wrote:“We actually prefer GA#128 to GA#286, as we feel 128 embodies reasonable compromise between two sides of a hot-button issue as well as adequate respect for national sovereignty, two things 286 lacks.”


"There is no need for the pro-choice side to compromise here. The pro-choice crowd has far more sway than the pro-life crowd does in the GA."


“Good to see the Assembly is accepting of all members.”
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Separatist Peoples
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Postby Separatist Peoples » Thu Jul 09, 2020 6:29 pm

Fluvannia wrote:
Astrobolt wrote:
"There is no need for the pro-choice side to compromise here. The pro-choice crowd has far more sway than the pro-life crowd does in the GA."


“Good to see the Assembly is accepting of all members.”

"It is. All may join. That does not mean we need to compromise with all who join. We did not compromise with those who wished to use biological weapons. Nor with those who believed female circumcision was justifiable. Nor with those who sought to own or torture people.

"Compromise is not always the correct approach to a problem."

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Postby Wallenburg » Thu Jul 09, 2020 9:47 pm

Fluvannia wrote:
Astrobolt wrote:"There is no need for the pro-choice side to compromise here. The pro-choice crowd has far more sway than the pro-life crowd does in the GA."

“Good to see the Assembly is accepting of all members.”

"This assembly accepts members of all ideologies. That acceptance does not include surrendering to one ideology's special pleading."
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Postby The Palentine » Sat Jul 11, 2020 3:03 am

And comments like those just uttered is why I pretty much have nothing but contempt for most of my fellow Ambassadors here in the Festering Snakepit.
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Separatist Peoples
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Postby Separatist Peoples » Sat Jul 11, 2020 6:04 am

The Palentine wrote:And comments like those just uttered is why I pretty much have nothing but contempt for most of my fellow Ambassadors here in the Festering Snakepit.
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Tinhampton
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Postby Tinhampton » Sat Aug 01, 2020 8:27 am

Assistant Bianca Venkman: That is correct, if the Godularian person is still here. Thank you also, Ambassador Jonsdottir.

Araraukar wrote:...if you're serious about this being a pro-choice repeal, wait until IA's thingy has been passed, before properly trying this.

i gotchu
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Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540
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Maowi
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Postby Maowi » Sat Aug 01, 2020 8:48 am

"In your "hopeful" clause it may be helpful to note that while there is no explicit mandate for abortions to be carried out by professionals, Clause 7 of GA 499 in practice achieves that effect, in my opinion at least."

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Old Hope
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Postby Old Hope » Thu Aug 06, 2020 9:06 pm

The clause is absolutely necessary. Extant WA resolution would otherwise prevent people who do not want to perform abortions from being a doctor. A nation does not need all doctors to be ready to perform abortion. This resolution would artificially decrease the number of doctors without having any noticable positive effects.

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Separatist Peoples
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Postby Separatist Peoples » Fri Aug 07, 2020 10:03 am

Old Hope wrote:The clause is absolutely necessary. Extant WA resolution would otherwise prevent people who do not want to perform abortions from being a doctor. A nation does not need all doctors to be ready to perform abortion. This resolution would artificially decrease the number of doctors without having any noticable positive effects.

"Perhaps one ought not practice medicine if one is unwilling to perform perfectly safe procedures."

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Kenmoria
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Postby Kenmoria » Fri Aug 07, 2020 1:42 pm

“There should be a comma or colon after ‘GA#128’ in the ‘recognising’ clause, rather than a semicolon. Irregardless, this has my full support, should you choose to submit it.”
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Imperium Anglorum
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Postby Imperium Anglorum » Fri Aug 07, 2020 3:39 pm

Old Hope wrote:Extant WA resolution would otherwise prevent people who do not want to perform abortions from being a doctor.

Warrant?

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