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[Draft] Repeal: "A Convention On Gender"

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Servilis
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[Draft] Repeal: "A Convention On Gender"

Postby Servilis » Fri Jul 10, 2020 5:49 am

General Assembly Resolution #91 “A Convention on Gender” (Category: Civil Rights; Strength: Significant) shall be struck out and rendered null and void.

The World Assembly,

APPLAUDING the efforts of this resolution to combat gender inequality, sexism and other forms of discrimination on the basis of Gender, as well as lack of access to utilities on the basis of Gender,

CONCERNED that the resolution leaves loopholes for violators by not defining the level of maturity required to access a GAP,

CONVINCED that "Intergender" would still fall under "Transgender",

HOPING that the mistakes, honest or not, in Resolution #91 are to be corrected following it's repeal,

Hereby repeals Resolution #91.


While scrolling through the history of WA Resolutions I noticed an old resolution that seemed to have a small few issues with it, and although I feel a bit off making this repeal considering I'm Trans myself, it's just that the 6th line really ticks me off a bit.

I have been informed that the Replacement Legislation is considered to be plagiarism so I'm trying as hard as possible to be original, I have asked Prioratus for permission to use their original legislation and am waiting for a reply, however if they enter the boneyard again it's back to the drawing board.

The World Assembly,

CONCERNED that even with any safeguards made to protect the Civil Rights of the individual and to maintain Humane Treatment of all persons, the Rights of certain Minorities are still at risk, the Minorities in question being that of transgender individuals and/or intersex individuals, who, if not given necessary treatment, are likely to exhibit poor mental health, and in the worst case scenario, may lead to unsatisfactory outcomes such as suicide, crime, poverty and other sensitive and depressing scenarios,

DETERMINED to solve these issues by legislating the following :

DEFINING,
a. Gender as the class regarding the presentation and identification of an individual, commonly associated but not equivalent to that of Sex,
b. Gender Identity as the identification of one's gender,
c. Intersex persons as due to genetic variations, cannot be assigned to any Gender by evidence of genetic and/or anatomical features, as well as individuals who due to a medical mistake after birth, had to have a procedure to alter their genitalia.
d. Transgender persons as assigned a Sex at birth but currently do not identify with the Gender commonly associated with the Assigned Sex in question,
e. Gender Confirmation Procedures (or GCPs) as medical procedures seeking to align a transgender and/or intersex person's genitalia and other features to that of the Gender they identify with, such as surgeries that change the reproductive anatomy of an individual, surgeries that change the appearance of an individual with the goal of achieving an alignment to the individual's Gender Identity, Hormone Replacement Therapy, Puberty Blockers and transgender and intersex inclusive therapy,
f. Passing as the act of maintaining an appearance or presence of a certain social class so that one is perceived as such,
g. Stealthwear as anything that is meant to hide anything the individual deems would make them unable to pass as their Gender around individuals unaware of the person's transgender and/or intersex status, this includes Binders, Wigs, Makeup, False Breast Enhancements, False Waist Enhancements, Gaffs and Packers,

NOTING that individuals can be both transgender and intersex,

REQUIRING,
a. that no intersex or transgender person shall be considered deceased, diseased and/or mentally ill based on the individual's transgender and/or intersex status,
b. that no nation may prohibit transgender and intersex persons from receiving a GCP either abroad or at home, nor may they be denied travel for the sole reason of having had a GCP or having a transgender and/or intersex status,
c. that no intersex and/or transgender individual should be forced to subscribe or fit into any Gender Identity, Gender Stereotype, Gender Role or any other behaviors and presentation regarding Gender and Sex, and letting the choice of how a transgender and/or intersex person fits or presents in such ways be decided only by the transgender and/or intersex person themselves,
d. that recognition of any gender changes, legal and/or medical, be complacent in the issuing of identity documents and other such documentation that mention gender,
e. that no intersex or transgender persons shall have GCPs until they are at the age of adulthood in their nation, this rule does not apply to things such as Puberty Blockers, inclusive therapy/healthcare, Hormone Replacement Therapy and Stealthwear,
f. that GCPs such as Puberty Blockers should be given prior to puberty, and should be in use until the age that Hormone Replacement Therapy is allowed,
g. that transgender and intersex inclusive healthcare and/or therapy/counseling not have any age requirement, and the level of transparency between the patient and the counselor/doctor be decided by the patient,
h. that the age that Hormone Replacement Therapy should be administered must either be usually before that of the age of adulthood or the age of adulthood itself,
i. that Stealthwear have no age requirement,
j. that intersex and/or transgender individuals may choose which areas of their GCP process will take place,
k. that intersex and/or transgender individuals be given any information regarding GCPs upon their request, information may include things such as lists of available providers of GCPs, the requirements, details and process of GCPs, the pros and cons of GCPs and lists of any help they can receive regarding their transgender and/or intersex status,


The proposal I'm repealing was made by Sionis Prioratus, in case anybody is wondering.

AWED by the progress the World Assembly has made in Civil Rights;

AWARE that in spite of said progress, there are still persons who, while free from discrimination, are denied their basic self-sense of personhood & identity, an abuse often beginning in the earliest infancy;

FURTHER AWARE said denials are a source of untold countless horrors, among them depression & suicide;

DESIROUS of eliminating those horrors;

IT IS ESTABLISHED:

1) Definitions:

• “Majoritarian genders (MG)”: The most prevalent genders found on any given sapient species (e.g. female & male) defined not only by genetic and/or anatomical features, but also by cultural roles each culture usually ascribes them. This resolution does not in any way deny that many sapient species do not have dichotomy in gender; but may differ in number of prevalent genders;
• “Intersex persons”: Due to genetic variations, cannot be assigned to any MG by evidence of genetic and/or anatomical features;
• “Transgender persons”: Born in a given MG, their basic self-sense of personhood & identity belong in another MG;
• “Intergender persons”: Self-identify as belonging to more than one MG at once, or not belonging to any MG at all; may express combinations of MG attributes, or none at all; also may have any MG features;
• “Gender-adequation procedure (GAP)”: Medical procedures seeking to assign to intersex, transgender or intergender persons gender-related anatomical and/or genetic features needed to fit in a person-centered adequate gender.

2) No intersex, transgender or intergender person shall be considered diseased by the sole reason of being intersex, transgender or intergender;

3) No nation can prohibit GAPs to intersex, transgender or intergender persons; nor can they be prohibited to travel to other nations for the sole reason of seeking GAPs in said nations; nor can return be denied for the sole reason of having had GAPs;

4) No intersex, transgender or intergender person shall be forced to choose to fit in any gender; persons are free to keep whatever life-compatible features Nature gave them. They shall be recognized as “intersex” (or culturally equivalent gender terms) if documents require gender identification;

5) Full recognition shall be given to gender changes & intersex/gender status in international/national personal documents, if they mention gender;

6) No intersex, transgender or intergender persons of any age shall have GAPs until they are mature enough to make an informed decision regarding their own future;

7) Intersex, transgender & intergender persons shall be:

a) Provided access to a list of expert GAP providers, as well as peer support, before & after GAPs. Said support shall also be provided to intersex, transgender & intergender persons who choose not to have GAPs;

b) Consistently told the truth, within the limits of their advisors’ knowledge and belief (including providers’ honesty about uncertainty) & given copies of their medical records as soon & as often as they ask for them;

c) Allowed to have GAPs after they have been informed of the risks & benefits (plus evidence, or lack thereof, for both).
Last edited by Servilis on Sat Jul 11, 2020 4:56 am, edited 10 times in total.
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Postby Honeydewistania » Fri Jul 10, 2020 5:51 am

Where’s The replacement legislation? Also you need to stop rushing things to approval, these take time, especially on important topics like this.
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Postby Servilis » Fri Jul 10, 2020 5:53 am

Honeydewistania wrote:Where’s The replacement legislation? Also you need to stop rushing things to approval, these take time, especially on important topics like this.

Wait we're so supposed to write a replacement legislation?

Oof, hold on one second.
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Postby Honeydewistania » Fri Jul 10, 2020 5:55 am

Servilis wrote:
Honeydewistania wrote:Where’s The replacement legislation? Also you need to stop rushing things to approval, these take time, especially on important topics like this.

Wait we're so supposed to write a replacement legislation?

Oof, hold on one second.

It’s not a must, but it’s better to have one ready. I have no support unless a comprehensive replacement is drafted.
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Postby Attempted Socialism » Fri Jul 10, 2020 5:56 am

"We will categorically reject any repeal without a replacement ready to go and of a quality likely to pass."


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Postby Servilis » Fri Jul 10, 2020 6:05 am

Attempted Socialism wrote:"We will categorically reject any repeal without a replacement ready to go and of a quality likely to pass."
Honeydewistania wrote:
Servilis wrote:Wait we're so supposed to write a replacement legislation?

Oof, hold on one second.

It’s not a must, but it’s better to have one ready. I have no support unless a comprehensive replacement is drafted.


I have deleted the proposal and made it a draft, as well as adding the replacement legislation.
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Postby Honeydewistania » Fri Jul 10, 2020 6:10 am

Servilis wrote:
Attempted Socialism wrote:"We will categorically reject any repeal without a replacement ready to go and of a quality likely to pass."
Honeydewistania wrote:It’s not a must, but it’s better to have one ready. I have no support unless a comprehensive replacement is drafted.


I have deleted the proposal and made it a draft, as well as adding the replacement legislation.

Please do not plagiarise. The replacement is basically 91
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Postby Servilis » Fri Jul 10, 2020 6:10 am

Honeydewistania wrote:
Servilis wrote:
I have deleted the proposal and made it a draft, as well as adding the replacement legislation.

Please do not plagiarise. The replacement is basically 91

????
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Postby Kenmoria » Fri Jul 10, 2020 6:12 am

Servilis wrote:
Honeydewistania wrote:Please do not plagiarise. The replacement is basically 91

????

(OOC: Your replacement must be entirely your own work, with no clauses taken from any other pieces of legislation, unless you have permission from the author.)
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Postby Honeydewistania » Fri Jul 10, 2020 6:13 am

Servilis wrote:
Honeydewistania wrote:Please do not plagiarise. The replacement is basically 91

????

Your definition for Majoritarian Genders and other definitions are literally lifted from GA 91, which is plagiarism and could get you kicked from the WA
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Postby Servilis » Fri Jul 10, 2020 6:21 am

Honeydewistania wrote:
Servilis wrote:????

Your definition for Majoritarian Genders and other definitions are literally lifted from GA 91, which is plagiarism and could get you kicked from the WA

Kenmoria wrote:
Servilis wrote:????

(OOC: Your replacement must be entirely your own work, with no clauses taken from any other pieces of legislation, unless you have permission from the author.)

I see.
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Postby Servilis » Fri Jul 10, 2020 6:34 am

Okay I've done some "de-plagiarizing" and have changed definitions here and there, although I'm still convinced that it can still be considered plagiarism, I'll try my best to make it as distinct as possible without deviating, I might as well also ask the original author for permissions.
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Postby Servilis » Fri Jul 10, 2020 6:40 am

Update : I have sent a Telegram to Sionis Prioratus, waiting for their reply.
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Postby Araraukar » Fri Jul 10, 2020 1:10 pm

OOC: Move the replacement into its own thread. You can add a link there to point to this thread, and vice versa. Having two drafts in one thread is just going to cause frustration and confusion.
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Postby Lyroidia » Fri Jul 10, 2020 2:06 pm

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Postby Servilis » Fri Jul 10, 2020 2:30 pm

Lyroidia wrote:"The People's Republic of Lyroidia stands firmly in support of this resolution."

Thank you, the original author isn't as active on NationStates anymore, so I'm not sure if they will even respond.
But once they do, I will make sure to do a Last Call!
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Postby Servilis » Fri Jul 10, 2020 4:34 pm

Removed some small bits from the Replacement Legislation.
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Postby Qhevak » Sat Jul 11, 2020 12:28 am

Servilis wrote:e. that no intersex or transgender persons shall have GCPs until they are at the age of adulthood in their nation,

"Representative, this would functionally ban the use of both puberty blockers and hormone therapy in adolescence, making it considerably more difficult for trans people to achieve a passing appearance, as well as plausibly increasing transgender teenage suicide rates."
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Postby Servilis » Sat Jul 11, 2020 3:20 am

Qhevak wrote:
Servilis wrote:e. that no intersex or transgender persons shall have GCPs until they are at the age of adulthood in their nation,

"Representative, this would functionally ban the use of both puberty blockers and hormone therapy in adolescence, making it considerably more difficult for trans people to achieve a passing appearance, as well as plausibly increasing transgender teenage suicide rates."

I should remove that, besides, it probably contradicts that recent Transgender Healthcare act.
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Postby Servilis » Sat Jul 11, 2020 3:24 am

Servilis wrote:
Qhevak wrote:"Representative, this would functionally ban the use of both puberty blockers and hormone therapy in adolescence, making it considerably more difficult for trans people to achieve a passing appearance, as well as plausibly increasing transgender teenage suicide rates."

I should remove that, besides, it probably contradicts that recent Transgender Healthcare act.

Okay I edited it and added a few things.

Thank you for your contribution :)
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Postby Servilis » Sat Jul 11, 2020 3:26 am

Added a note after the definitions.
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Postby Servilis » Sat Jul 11, 2020 3:28 am

Araraukar wrote:OOC: Move the replacement into its own thread. You can add a link there to point to this thread, and vice versa. Having two drafts in one thread is just going to cause frustration and confusion.

I'd rather not, besides, I have made sure to put the Replacement Legislation and the Repeal into different spoilers.
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Postby Servilis » Sat Jul 11, 2020 3:33 am

Added a credit to the original author as well as including the original proposal for context.
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Postby Servilis » Sat Jul 11, 2020 3:37 am

If Prioratus enters the boneyard again, I'll probably have to ask a Moderator for permission.
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Postby Honeydewistania » Sat Jul 11, 2020 3:41 am

Servilis wrote:If Prioratus enters the boneyard again, I'll probably have to ask a Moderator for permission.

That won't work. Please, just write something original. It'd be easier for everyone.
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