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[Passed] Fair Treatment of Prisoners

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Greater Cesnica
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[Passed] Fair Treatment of Prisoners

Postby Greater Cesnica » Mon Dec 21, 2020 1:09 pm

Category: Civil Rights
Strength: Strong

PLEASE NOTE: This resolution deliberately does not touch upon capital punishment, as capital punishment warrants its own resolution. The repeal draft for ICP can be found here, and the original resolution text for ICP can be found here.

The General Assembly,

Believing that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates,

2. Prohibits:
  1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
  2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or a service as a punitive measure, or as a means to generate profit for a prison facility and/or associated third parties,
  3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
  4. Placing a prisoner in protective confinement, unless:
    1. The informed consent of the prisoner is present,
    2. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, or
    3. The prisoner is medically incapacitated, and
  5. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor,
3. Requires that:
  1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
  2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
  3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
  4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
  5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration.

Co-authored by Barfleur.
Last edited by Greater Cesnica on Sun Jan 24, 2021 10:05 am, edited 25 times in total.
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Greater Cesnica
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Postby Greater Cesnica » Mon Dec 21, 2020 1:29 pm

The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines:
    1. Inhumane treatment as one or more of the following:
      i. conditions inferior to those supplied to prisoners of war as mandated by prior World Assembly legislation,

      ii. conditions that are unsanitary and/or pose a significant health hazard,

      iii. the denial of life-sustaining medicine and/or consumables necessary for a person's sustenance of body and mind, and

      iv. the prolonged physical restriction of a person's body in a such a manner as to prevent the full range of motion of one's limbs and other body parts,
    2. Protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them; by or to the prison's general population, and

    3. Punitive confinement as the imprisonment of a person in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Prohibits:
    1. Subjecting a prisoner to inhumane treatment,

    2. Imposing protective confinement upon a prisoner, unless:
      i. The informed consent of the prisoner is present, or

      ii. Imposing protective confinement is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
    3. Imposing punitive confinement upon a prisoner,
Requires:
    1. That those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,

    2. That all available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so, and

    3. That member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them.
Draft created.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines:
    1. Inhumane treatment as one or more of the following:
      i. Conditions inferior to those supplied to prisoners of war as mandated by prior World Assembly legislation,

      ii. Conditions that are unsanitary and/or pose a significant health hazard,

      iii. The denial of life-sustaining medicine and/or consumables necessary for a person's sustenance of body and mind,

      iv. The prolonged physical restriction of a person's body in a such a manner as to prevent the full range of motion of one's limbs and other body parts, and

      v. Any other punitive treatment of a person intended to inflict physical or psychological suffering.
    2. Protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them; by or to the prison's general population, and

    3. Punitive confinement as the imprisonment of a person in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Prohibits:
    1. Subjecting a prisoner to inhumane treatment,

    2. Imposing protective confinement upon a prisoner, unless:
      i. The informed consent of the prisoner is present, or

      ii. Imposing protective confinement is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
    3. Imposing punitive confinement upon a prisoner,
Requires:
    1. That those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,

    2. That all available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so, and

    3. That member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them.
Added section v. under 'Defines' Clause 1.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines:
    1. Inhumane treatment as conditions inferior to those legally permissible for prisoners of war,

    2. Protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them; by or to the prison's general population, and

    3. Punitive confinement as the imprisonment of a person in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Prohibits:
    1. Subjecting a prisoner to inhumane treatment,

    2. Imposing protective confinement upon a prisoner, unless:
      i. The informed consent of the prisoner is present, or

      ii. Imposing protective confinement is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
    3. Imposing punitive confinement upon a prisoner,
Requires:
    1. That those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,

    2. That all available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so, and

    3. That member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them.
Removed all subdefinitions under 'inhumane treatment' except "as conditions inferior to those legally permissible for prisoners of war", which has been merged out of the subdefinition list.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines:
    1. Inhumane treatment as treatment inferior to those legally permissible for prisoners of war,

    2. Forced labor as the compulsion of a person via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,"

    3. Protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them; by or to the prison's general population, and

    4. Punitive confinement as the imprisonment of a person in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Prohibits:
    1. Subjecting a prisoner to inhumane treatment,

    2. Imposing forced labor upon a prisoner,

    3. Imposing protective confinement upon a prisoner, unless:
      i. The informed consent of the prisoner is present, or

      ii. Imposing protective confinement is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
    4. Imposing punitive confinement upon a prisoner,
Requires:
    1. That those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,

    2. That all available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so, and

    3. That member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them.
Decided that forced labor should be encompassed within this replacement, so I have defined and prohibited it accordingly.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines:
    1. Inhumane treatment as treatment inferior to those legally permissible for prisoners of war,

    2. Forced labor as the compulsion of a person via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,

    3. Protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them; by or to the prison's general population, and

    4. Punitive confinement as the imprisonment of a person in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Prohibits:
    1. Subjecting a prisoner to inhumane treatment,

    2. Imposing forced labor upon a prisoner,

    3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,

    4. Imposing protective confinement upon a prisoner, unless:
      i. The informed consent of the prisoner is present, or

      ii. Imposing protective confinement is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
    5. Imposing punitive confinement upon a prisoner,
Requires:
    1. That those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,

    2. That all available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,

    3. That member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and

    4. That prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work,
Empowers member nations to decide for themselves, through their normal legislative process, whether to permit prisoners therein to work voluntarily during the period of their incarceration, and

Permits nations that allow voluntary prison labor to deduct from a prison laborer's wages enough money to cover security, accommodation, food, and all other amenities afforded to prisoners, provided that the amount deducted shall not be greater than the amount earned, and that a prisoner who is not working shall not be charged any money.

Co-authored by Barfleur.
Barfleur added as co-author, clauses from their GA draft "Regulations on Convict Labor" to this draft.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines:
    1. Inhumane treatment as treatment inferior to those legally permissible for prisoners of war,

    2. Forced labor as the compulsion of a person via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,

    3. Protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them; by or to the prison's general population, and

    4. Punitive confinement as the imprisonment of a person in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Prohibits:
    1. Subjecting a prisoner to inhumane treatment,

    2. Imposing forced labor upon a prisoner,

    3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,

    4. Imposing protective confinement upon a prisoner, unless:
      i. The informed consent of the prisoner is present, or

      ii. Imposing protective confinement is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
    5. Imposing punitive confinement upon a prisoner,
Requires:
    1. That those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,

    2. That all available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,

    3. That member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them,

    4. That prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and

    5. That all workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration,
Empowers member nations to decide for themselves, through their normal legislative process, whether to permit prisoners therein to work voluntarily during the period of their incarceration, and

Permits nations that allow voluntary prison labor to deduct from a prison laborer's wages enough money to cover security, accommodation, food, and all other amenities afforded to prisoners, provided that the amount deducted shall not be greater than the amount earned, and that a prisoner who is not working shall not be charged any money.

Co-authored by Barfleur.
Added clause requiring existing and future workplace regulations to apply to prisoners engaging in voluntary labor or work.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines:
    1. Forced labor as the compulsion of a person via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,

    2. Protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them; by or to the prison's general population, and

    3. Punitive confinement as the imprisonment of a person in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Prohibits:
    1. Subjecting a prisoner to treatment inferior to those legally permissible for prisoners of war,

    2. Imposing forced labor upon a prisoner,

    3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,

    4. Imposing protective confinement upon a prisoner, unless:
      i. The informed consent of the prisoner is present, or

      ii. Imposing protective confinement is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
    5. Imposing punitive confinement upon a prisoner,
Requires:
    1. That those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,

    2. That all available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,

    3. That member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them,

    4. That prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and

    5. That all workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration,
Empowers member nations to decide for themselves, through their normal legislative process, whether to permit prisoners therein to work voluntarily during the period of their incarceration, and

Permits nations that allow voluntary prison labor to deduct from a prison laborer's wages enough money to cover security, accommodation, food, and all other amenities afforded to prisoners, provided that the amount deducted shall not be greater than the amount earned, and that a prisoner who is not working shall not be charged any money.

Co-authored by Barfleur.
Removed Defines #1 and merged it into Prohibits #1.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

Defines protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them, by or to those inmates or prison staff,

Prohibits:
  1. Subjecting a prisoner to treatment inferior to those legally permissible for prisoners of war,
  2. Compelling a prisoner via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,
  3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
  4. Placing a prisoner in protective confinement, unless:
    1. The informed consent of the prisoner is present, or
    2. Doing so is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
  5. Placing a prisoner in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
Requires that:
  1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
  2. All available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,
  3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them,
  4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
  5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration,
Empowers member nations to decide for themselves, through their normal legislative process, whether to permit prisoners therein to work voluntarily during the period of their incarceration, and

Permits nations that allow voluntary prison labor to deduct from a prison laborer's wages enough money to cover security, accommodation, food, and all other amenities afforded to prisoners, provided that the amount deducted shall not be greater than the amount earned, and that a prisoner who is not working shall not be charged any money.

Co-authored by Barfleur.
Re-written for clarity and character reduction.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

1. Defines protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them, by or to those inmates or prison staff,

2. Prohibits:
  1. Subjecting a prisoner to treatment inferior to those legally permissible for prisoners of war,
  2. Compelling a prisoner via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,
  3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
  4. Placing a prisoner in protective confinement, unless:
    1. The informed consent of the prisoner is present, or
    2. Doing so is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population, and
  5. Placing a prisoner in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement,
3. Requires that:
  1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
  2. All available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,
  3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them,
  4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
  5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration,
4. Empowers member nations to decide for themselves, through their normal legislative process, whether to permit prisoners therein to work voluntarily during the period of their incarceration, and

5. Permits nations that allow voluntary prison labor to deduct from a prison laborer's wages enough money to cover security, accommodation, food, and all other amenities afforded to prisoners, provided that the amount deducted shall not be greater than the amount earned, and that a prisoner who is not working shall not be charged any money.

Co-authored by Barfleur.
Adopted 1(a)(i) outlining.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

1. Defines protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them, by or to those inmates or prison staff,

2. Prohibits:
  1. Subjecting a prisoner to treatment inferior to those legally permissible for prisoners of war,
  2. Compelling a prisoner via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,
  3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
  4. Placing a prisoner in protective confinement, unless:
    1. The informed consent of the prisoner is present, or
    2. Doing so is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population,
  5. Placing a prisoner in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement, and
  6. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor,
3. Requires that:
  1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
  2. All available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,
  3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them,
  4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
  5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration, and

4. Permits nations to deduct from a voluntary prison laborer's wages enough money to cover security, accommodation, food, and all other amenities afforded to prisoners, provided that the amount deducted shall not be greater than the amount earned, and that a prisoner who is not working shall not be charged any money.

Co-authored by Barfleur.
Reversed my decision to allow member states the legality of letting prisoners voluntarily work.
The General Assembly,

Resolved that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

1. Defines protective confinement as the imprisonment of a person with near to total isolation from other inmates due to a significant risk posed to or from them, by or to those inmates or prison staff,

2. Prohibits:
  1. Subjecting a prisoner to treatment inferior to those legally permissible for prisoners of war,
  2. Compelling a prisoner via force, threats of force, or other forms of coercion to carry out a service or activity as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,
  3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
  4. Placing a prisoner in protective confinement, unless:
    1. The informed consent of the prisoner is present, or
    2. Doing so is the only means available to mitigate risks posed by the prisoner to prison staff and the general prison population,
  5. Placing a prisoner in near to total isolation from other inmates and prison staff for any reason other than those defined above for protective confinement, and
  6. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor,
3. Requires that:
  1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
  2. All available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,
  3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them,
  4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
  5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration.

Co-authored by Barfleur.
Clause 4 has been removed.
The General Assembly,

Believing that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates,

2. Prohibits:
  1. Subjecting a prisoner to treatment inferior to those legally permissible for prisoners of war,
  2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or a service as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,
  3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
  4. Placing a prisoner in protective confinement, unless:
    1. The informed consent of the prisoner is present, or
    2. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, and
  5. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor,
3. Requires that:
  1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
  2. All available measures are taken to permit the reinstatement of a prisoner into the general prison population, provided that it is deemed safe for them to be able to do so,
  3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them,
  4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
  5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration.

Co-authored by Barfleur.
Better preamble, shortened clause 1, amended 2(d), replaced 2(e)'s contents with 2(f)'s contents, clarified 2(b).
The General Assembly,

Believing that the abuse of the imprisoned is an intolerable state of affairs,

Aiming to reform the criminal justice system to prevent these abuses from occurring,

Hereby,

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates,

2. Prohibits:
  1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
  2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or a service as a punitive measure, or as a means to generate profit for a prison facility and/or associated third parties,
  3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
  4. Placing a prisoner in protective confinement, unless:
    1. The informed consent of the prisoner is present, or
    2. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, and
  5. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor,
3. Requires that:
  1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
  2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
  3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
  4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
  5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration.

Co-authored by Barfleur.
Prohibited reprisals for lodged complaints, amended 3(b), minor grammatical fixes.
Last edited by Greater Cesnica on Tue Jan 19, 2021 1:02 pm, edited 15 times in total.
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Postby Separatist Peoples » Mon Dec 21, 2020 1:48 pm

"I'm not sure how extant law on any of the major topics surrounding torture, access to medication, and sanitary living conditions do not apply to prisons, ambassador."

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Postby Greater Cesnica » Mon Dec 21, 2020 4:38 pm

Separatist Peoples wrote:"I'm not sure how extant law on any of the major topics surrounding torture, access to medication, and sanitary living conditions do not apply to prisons, ambassador."

"The extant law had previously been applied to prisons via the International Criminal Protocol. As this resolution is intended to be submitted after ICP has been repealed, this resolution merely fulfills the role that had previously been filled by extant law- in this case, International Criminal Protocol."
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Postby Separatist Peoples » Mon Dec 21, 2020 5:06 pm

Greater Cesnica wrote:
Separatist Peoples wrote:"I'm not sure how extant law on any of the major topics surrounding torture, access to medication, and sanitary living conditions do not apply to prisons, ambassador."

"The extant law had previously been applied to prisons via the International Criminal Protocol. As this resolution is intended to be submitted after ICP has been repealed, this resolution merely fulfills the role that had previously been filled by extant law- in this case, International Criminal Protocol."

"That law was applied to prisons prior to The International Criminal Protocol."

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Postby Greater Cesnica » Mon Dec 21, 2020 5:53 pm

Separatist Peoples wrote:
Greater Cesnica wrote:"The extant law had previously been applied to prisons via the International Criminal Protocol. As this resolution is intended to be submitted after ICP has been repealed, this resolution merely fulfills the role that had previously been filled by extant law- in this case, International Criminal Protocol."

"That law was applied to prisons prior to The International Criminal Protocol."

"The fact of the matter is that despotic regimes can use the lack of specific legislation concerning prisons as an excuse to sidestep the issue of compliance with international law. My replacement legislation seeks to fill the void that ICP would leave upon being repealed, thus preventing the aforementioned governments from acting in such a heinous manner. Furthermore, seeing as this legislation is necessary due to its prohibition on punitive confinement and its restrictions on protective confinement, it is only fair to include subjects that may have been previously covered by extant legislation, in order to leave no doubt, no uncertainty, no wiggle room in which depraved states may inflict barbaric treatment upon those it imprisons."
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Postby Greater Cesnica » Mon Dec 21, 2020 6:32 pm

Draft renamed from "Fair Prison Conditions" to "Fair Treatment of Prisoners".
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Postby Separatist Peoples » Tue Dec 22, 2020 4:47 am

Greater Cesnica wrote:
Separatist Peoples wrote:"That law was applied to prisons prior to The International Criminal Protocol."

"The fact of the matter is that despotic regimes can use the lack of specific legislation concerning prisons as an excuse to sidestep the issue of compliance with international law. My replacement legislation seeks to fill the void that ICP would leave upon being repealed, thus preventing the aforementioned governments from acting in such a heinous manner. Furthermore, seeing as this legislation is necessary due to its prohibition on punitive confinement and its restrictions on protective confinement, it is only fair to include subjects that may have been previously covered by extant legislation, in order to leave no doubt, no uncertainty, no wiggle room in which depraved states may inflict barbaric treatment upon those it imprisons."

"They can't. Rights and Duties impute good faith interpretation. ACA enforces it. This provides nothing extant law does not address."

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Postby Greater Cesnica » Tue Dec 22, 2020 5:32 am

Separatist Peoples wrote:
Greater Cesnica wrote:"The fact of the matter is that despotic regimes can use the lack of specific legislation concerning prisons as an excuse to sidestep the issue of compliance with international law. My replacement legislation seeks to fill the void that ICP would leave upon being repealed, thus preventing the aforementioned governments from acting in such a heinous manner. Furthermore, seeing as this legislation is necessary due to its prohibition on punitive confinement and its restrictions on protective confinement, it is only fair to include subjects that may have been previously covered by extant legislation, in order to leave no doubt, no uncertainty, no wiggle room in which depraved states may inflict barbaric treatment upon those it imprisons."

"They can't. Rights and Duties impute good faith interpretation. ACA enforces it. This provides nothing extant law does not address."

"Alright, so do you recommend I remove all sub-definitions under 'inhumane treatment' save for 'Conditions inferior to those supplied to prisoners of war as mandated by prior World Assembly legislation'?"

EDIT:
OOC: I've gone ahead and removed all the sub-definitions except the one that I defined above for prisoners of war and their treatment.
Last edited by Greater Cesnica on Tue Dec 22, 2020 6:16 am, edited 1 time in total.
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Postby Separatist Peoples » Tue Dec 22, 2020 7:13 am

Greater Cesnica wrote:
Separatist Peoples wrote:"They can't. Rights and Duties impute good faith interpretation. ACA enforces it. This provides nothing extant law does not address."

"Alright, so do you recommend I remove all sub-definitions under 'inhumane treatment' save for 'Conditions inferior to those supplied to prisoners of war as mandated by prior World Assembly legislation'?"

EDIT:
OOC: I've gone ahead and removed all the sub-definitions except the one that I defined above for prisoners of war and their treatment.

"I don't see how any, draft is necessary unless you note a substantive failure in extant law. ICP evaded this problem by covering other topics. Yours does not, and is purported to be an improvement for that reason."

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Postby Greater Cesnica » Tue Dec 22, 2020 8:10 am

Separatist Peoples wrote:
Greater Cesnica wrote:"Alright, so do you recommend I remove all sub-definitions under 'inhumane treatment' save for 'Conditions inferior to those supplied to prisoners of war as mandated by prior World Assembly legislation'?"

EDIT:
OOC: I've gone ahead and removed all the sub-definitions except the one that I defined above for prisoners of war and their treatment.

"I don't see how any, draft is necessary unless you note a substantive failure in extant law. ICP evaded this problem by covering other topics. Yours does not, and is purported to be an improvement for that reason."

"Well, extant law does not cover protective confinement, nor punitive confinement and their relationship to prisoners- besides ICP, which I intend to repeal- and it bars prisoners from being treated in an inferior manner to the legal treatment standards for POWs."
Last edited by Greater Cesnica on Tue Dec 22, 2020 8:11 am, edited 1 time in total.
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Postby Separatist Peoples » Tue Dec 22, 2020 8:24 am

Greater Cesnica wrote:
Separatist Peoples wrote:"I don't see how any, draft is necessary unless you note a substantive failure in extant law. ICP evaded this problem by covering other topics. Yours does not, and is purported to be an improvement for that reason."

"Well, extant law does not cover protective confinement, nor punitive confinement and their relationship to prisoners- besides ICP, which I intend to repeal- and it bars prisoners from being treated in an inferior manner to the legal treatment standards for POWs."

"These are interesting policy takes. One wonders why civilian long term detention and short term military arrangements are related beyond the vauge notion of a lack of freedom of movement. To the extent that protective confinement is solitary and punitive, it is illegal torture. To the extent it is not, I am not certain what additional regulation is necessary. Abuse would take it back to illegal torture. This is not convincing, and potentially an illegal contradiction even following your repeal."

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Postby Greater Cesnica » Sat Dec 26, 2020 5:41 pm

Separatist Peoples wrote:
Greater Cesnica wrote:"Well, extant law does not cover protective confinement, nor punitive confinement and their relationship to prisoners- besides ICP, which I intend to repeal- and it bars prisoners from being treated in an inferior manner to the legal treatment standards for POWs."

"These are interesting policy takes. One wonders why civilian long term detention and short term military arrangements are related beyond the vauge notion of a lack of freedom of movement. To the extent that protective confinement is solitary and punitive, it is illegal torture. To the extent it is not, I am not certain what additional regulation is necessary. Abuse would take it back to illegal torture. This is not convincing, and potentially an illegal contradiction even following your repeal."

"I initially agreed with your assessment, but I've taken another look at the situation. I've gotten multiple opinions on this, and you seem to be the only one who believes that an illegal contradiction is apparent. It certainly wasn't sufficient to block ICP from being passed originally."
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Postby Separatist Peoples » Sun Dec 27, 2020 7:06 am

Greater Cesnica wrote:
Separatist Peoples wrote:"These are interesting policy takes. One wonders why civilian long term detention and short term military arrangements are related beyond the vauge notion of a lack of freedom of movement. To the extent that protective confinement is solitary and punitive, it is illegal torture. To the extent it is not, I am not certain what additional regulation is necessary. Abuse would take it back to illegal torture. This is not convincing, and potentially an illegal contradiction even following your repeal."

"I initially agreed with your assessment, but I've taken another look at the situation. I've gotten multiple opinions on this, and you seem to be the only one who believes that an illegal contradiction is apparent. It certainly wasn't sufficient to block ICP from being passed originally."

Ooc: ICP had other policy additions making the duplication minor. This does not. I caution against such efforts without novel topics covered in an extensive manner.

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Postby Greater Cesnica » Fri Jan 15, 2021 10:28 am

Separatist Peoples wrote:
Greater Cesnica wrote:"I initially agreed with your assessment, but I've taken another look at the situation. I've gotten multiple opinions on this, and you seem to be the only one who believes that an illegal contradiction is apparent. It certainly wasn't sufficient to block ICP from being passed originally."

Ooc: ICP had other policy additions making the duplication minor. This does not. I caution against such efforts without novel topics covered in an extensive manner.

OOC: Alright, I've started by prohibiting forced prison labor.
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Postby Barfleur » Sat Jan 16, 2021 11:15 am

OOC: I support this proposal. However, I believe it should do more to address the terms and conditions of voluntary prison labor--pay, early release, record expungement, etc. I've written a similar draft proposal over the summer, and I would be happy to let you cannibalize as much of it as you think might be useful.

IC: "The Barfleurian delegation supports the proposal now before us, and we would be happy to offer our services in certain specific areas relating to voluntary labor performed by prisoners. With the imminent repeal of GA#500, we think it necessary to quickly pass a replacement resolution to protect the civil and human rights of prisoners, who tend to receive little compassion and little attention."
Last edited by Barfleur on Sat Jan 16, 2021 11:16 am, edited 1 time in total.
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Postby Greater Cesnica » Sat Jan 16, 2021 11:34 am

Barfleur wrote:OOC: I support this proposal. However, I believe it should do more to address the terms and conditions of voluntary prison labor--pay, early release, record expungement, etc. I've written a similar draft proposal over the summer, and I would be happy to let you cannibalize as much of it as you think might be useful.

IC: "The Barfleurian delegation supports the proposal now before us, and we would be happy to offer our services in certain specific areas relating to voluntary labor performed by prisoners. With the imminent repeal of GA#500, we think it necessary to quickly pass a replacement resolution to protect the civil and human rights of prisoners, who tend to receive little compassion and little attention."

"Indeed, we shall accept your assistance."

OOC: Barfleur is a co-author now :p
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Postby Barfleur » Sat Jan 16, 2021 1:50 pm

"My delegation fully endorses the new draft, and we are happy to work with our counterparts from Greater Cesnica. Once the proposal at vote is passed, we suggest submitting."
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Postby Greater Cesnica » Sat Jan 16, 2021 1:53 pm

Barfleur wrote:"My delegation fully endorses the new draft, and we are happy to work with our counterparts from Greater Cesnica. Once the proposal at vote is passed, we suggest submitting."

"Excellent!"
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Postby Greater Cesnica » Sun Jan 17, 2021 10:07 am

I've nested the following clause under the 'Requires' section:
5. That all workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration,

Update: I have removed clause 1 under the 'Defines' section and merged it with clause 1 of the 'Prohibits' section.
Last edited by Greater Cesnica on Sun Jan 17, 2021 10:34 am, edited 2 times in total.
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Postby Greater Cesnica » Sun Jan 17, 2021 10:44 am

Draft has been re-written substantially for better clarity.
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Postby Imperium Anglorum » Sun Jan 17, 2021 2:27 pm

You haven't numbered your clauses.

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Postby Greater Cesnica » Sun Jan 17, 2021 4:44 pm

Imperium Anglorum wrote:You haven't numbered your clauses.

Thank you for catching that, I have adopted 1(a)(i).
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Postby Greater Cesnica » Tue Jan 19, 2021 10:06 am

Moving this to last call.
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Postby Astrobolt » Tue Jan 19, 2021 10:11 am

Greater Cesnica wrote:4. Empowers member nations to decide for themselves, through their normal legislative process, whether to permit prisoners therein to work voluntarily during the period of their incarceration, and


OOC: Apologies for the lateness of this comment. I was wondering why this resolution allows member nations to prevent prisoners from voluntarily working during incarceration. Shouldn't all prisoners have the ability to work if they choose to do so?
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