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[Submitted] Repeal: "Fair Treatment Of Prisoners

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Greater Cesnica
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[Submitted] Repeal: "Fair Treatment Of Prisoners

Postby Greater Cesnica » Mon Apr 19, 2021 8:43 am

I was compelled to draft this repeal after reading this exchange: viewtopic.php?p=38566655#p38566655

Replacement draft: viewtopic.php?f=9&t=503270
The General Assembly,

Recognizing that GAR #534 "Fair Treatment Of Prisoners" is a vital contribution to international law when it comes to protecting the dignity and welfare of prisoners,

Noting, however, that GAR #534 prevents the protective confinement of minors if they face threats from the general prison population, as Article 2(d)(i) requires that the informed consent of a prisoner be present in such a scenario; which cannot be provided by minors as GAR #299 "Legal Competence" requires that a person reach the status of 'Legal Competence' (and thus cease to legally be considered a minor) to execute decisions such as providing informed consent for important decisions,

Further noting that this flaw puts youths who are at a high risk of being harmed or killed in grave danger, such as in cases of imprisoned youths turning state's evidence or in cases of imprisoned youths accused or convicted of high-profile crimes,

Believing that this oversight poses a significant detriment to the welfare of imprisoned minors, and that GAR #534 must be replaced to correct this flaw; as well as that there are additional improvements to GAR #534 that can be made possible by its repeal,

Hereby repeals GAR #534 "Fair Treatment Of Prisoners".
Last edited by Greater Cesnica on Tue May 11, 2021 1:23 pm, edited 8 times in total.

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Greater Cesnica
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Postby Greater Cesnica » Mon Apr 19, 2021 8:46 am

The General Assembly,

Recognizing that GA #534 "Fair Treatment Of Prisoners" is a vital contribution to international law when it comes to protecting the dignity and welfare of prisoners,

Noting, however, that GA #534 prevents the protective confinement of minors from occurring; as minors cannot provide informed consent as stipulated under Article 2(d)(i),

Believing that this oversight poses a significant detriment to the welfare of imprisoned minors; and that GA #534 must be replaced to correct this flaw,

Hereby repeals GAR #534 "International Criminal Protocol".
Draft created.
The General Assembly,

Recognizing that GA #534 "Fair Treatment Of Prisoners" is a vital contribution to international law when it comes to protecting the dignity and welfare of prisoners,

Noting, however, that GA #534 prevents the protective confinement of minors from occurring; as minors cannot provide informed consent as stipulated under Article 2(d)(i),

Further noting that this flaw puts youths who are at a high risk of being harmed or killed in grave danger, such as in cases of imprisoned youths turning state's evidence or in cases of imprisoned youths accused or convicted of high-profile crimes,

Believing that this oversight poses a significant detriment to the welfare of imprisoned minors; and that GA #534 must be replaced to correct this flaw,

Hereby repeals GAR #534 "Fair Treatment Of Prisoners".
Provided examples of this flaw posing a serious danger to imprisoned youths.
The General Assembly,

Recognizing that GA #534 "Fair Treatment Of Prisoners" is a vital contribution to international law when it comes to protecting the dignity and welfare of prisoners,

Noting, however, that GA #534 prevents the protective confinement of minors if they face threats from the general prison population, as Article 2(d)(i) requires that the informed consent of a prisoner be present in such a scenario; which cannot be provided by minors as GAR #299 "Legal Competence" requires that a person reach the status of 'Legal Competence' (and thus cease to legally be considered a minor) to execute decisions such as providing informed consent for important decisions,

Further noting that this flaw puts youths who are at a high risk of being harmed or killed in grave danger, such as in cases of imprisoned youths turning state's evidence or in cases of imprisoned youths accused or convicted of high-profile crimes,

Believing that this oversight poses a significant detriment to the welfare of imprisoned minors; and that GA #534 must be replaced to correct this flaw,

Hereby repeals GAR #534 "Fair Treatment Of Prisoners".
Got rid of honest mistake, clarified 2(d)(i)'s role in preventing the protective confinement of minors.
The General Assembly,

Recognizing that GAR #534 "Fair Treatment Of Prisoners" is a vital contribution to international law when it comes to protecting the dignity and welfare of prisoners,

Noting, however, that GAR #534 prevents the protective confinement of minors if they face threats from the general prison population, as Article 2(d)(i) requires that the informed consent of a prisoner be present in such a scenario; which cannot be provided by minors as GAR #299 "Legal Competence" requires that a person reach the status of 'Legal Competence' (and thus cease to legally be considered a minor) to execute decisions such as providing informed consent for important decisions,

Further noting that this flaw puts youths who are at a high risk of being harmed or killed in grave danger, such as in cases of imprisoned youths turning state's evidence or in cases of imprisoned youths accused or convicted of high-profile crimes,

Believing that this oversight poses a significant detriment to the welfare of imprisoned minors, and that GAR #534 must be replaced to correct this flaw; as well as that there are additional improvements to GAR #534 that can be made possible by its repeal,

Hereby repeals GAR #534 "Fair Treatment Of Prisoners".
Final draft before submission.
Last edited by Greater Cesnica on Tue May 11, 2021 10:50 am, edited 3 times in total.

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Jedinsto
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Postby Jedinsto » Mon Apr 19, 2021 8:47 am

I don't believe there are any other flaws, so you have my support with this as well. Doesn't need any fluff, really.
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Imperium Anglorum
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Postby Imperium Anglorum » Mon Apr 19, 2021 8:59 am

Be clearer as to the impact of the argument.

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Greater Cesnica
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Postby Greater Cesnica » Mon Apr 19, 2021 9:06 am

"I have included two examples where this flaw could pose a serious danger to imprisoned youths."

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Jedinsto
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Postby Jedinsto » Sun Apr 25, 2021 12:23 pm

As this technically does not ban the protective confinement of minors altogether as provided by 2dii and iii, so that could be an honest mistake violation. Instead focus that part on the youths that cannot be placed in protective confinement to protect them from the rest of the population.
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Greater Cesnica
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Postby Greater Cesnica » Mon Apr 26, 2021 7:00 am

Jedinsto wrote:As this technically does not ban the protective confinement of minors altogether as provided by 2dii and iii, so that could be an honest mistake violation. Instead focus that part on the youths that cannot be placed in protective confinement to protect them from the rest of the population.

"I have made that change."

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Postby Daarwyrth » Wed May 05, 2021 12:40 pm

Vyn Nysen: "Our delegation agrees with the assessment of this repeal draft, and would like to see a replacement wherein minors are better protected. We'd gladly support this during the vote, on the condition that there will be a replacement soon thereafter."
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Greater Cesnica
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Postby Greater Cesnica » Thu May 06, 2021 2:02 pm

"The draft has been amended to dispel the honest mistake that was caught by the delegation from Bananaistan."


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Laka Strolistandiler
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Postby Laka Strolistandiler » Tue May 11, 2021 1:34 pm

Obraztsova Elena-Himiko: While our nation will stand neutral-positive towards this resolution, I, Elena-Himiko, personally offer you my full support. I do believe that minors should be allowed to access protective confinement, especially taking into account my personal experiences as a child prisoner ((OOC: she was falsely convicted of high treason and served two years before escaping to Laka from another country)). As soon as the replacement will be put in place, I’ll eagerly vote for it, even if it directly contradicts with what my superiors order me to do. For the justice.
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Greater Cesnica
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Postby Greater Cesnica » Tue May 11, 2021 1:36 pm

Laka Strolistandiler wrote:Obraztsova Elena-Himiko: While our nation will stand neutral-positive towards this resolution, I, Elena-Himiko, personally offer you my full support. I do believe that minors should be allowed to access protective confinement, especially taking into account my personal experiences as a child prisoner ((OOC: she was falsely convicted of high treason and served two years before escaping to Laka from another country)). As soon as the replacement will be put in place, I’ll eagerly vote for it, even if it directly contradicts with what my superiors order me to do. For the justice.

"Thank you for your support, Ambassador Elena-Himiko."

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Postby CoraSpia » Wed May 12, 2021 2:23 am

((OOC: I have approved for OOC reasons, I disagree with it.))

IC:
"Ambassador. The rights of imprisoned people seem to be everything we talk about in the assembly these days, which I believe feeds into my long-held belief that imprisonment is a barbaric and unneeded punishment. Solitary confinement however is even more so, and should never be provided without informed consent. Might I suggest therefore that we instead get rid of GAR#299, a resolution that seems perfect as a museum piece but not so good as a part of binding international law?"
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