[DEFEATED] Biomedical Donation Omnibus Act

[Saint Tomas and the Northern Ice Islands]

If nations need to be told that the administration of biomedical tissue should be safe, the world is doomed

[Kaprein]

While the Republic of Kaprein commends this resolution, there are a few elements of it which make voting for it untenable.

The phrasing of clause 2a restricts a restriction on donation based on disease to just known diseases spread directly by biomedical tissue. It also places severe restrictions on area based restrictions - the clause does not provide flexibility in handling unforeseen threats.

The phrasing of clause 2b. While GA resolution #546 (Blood Donation Safety And Equality Act) does make blood donation when an individual knowingly or suspects that they are a carrier for a blood-borne illness a criminal offense if they attempt to knowingly donate. However, GA#546's provisions only cover blood-borne illnesses, meaning that this resolution would prevent a nation from penalising knowingly transmitting a disease or other medical condition if it isn't blood related.

The phrasing of clause 4 has the requirement that the recipient of a risky donation most provide their informed and uncoerced consent. In most circumstances, that clause is important, but what if the patient is in a coma, or otherwise is unable to give informed consent. Further, what if in those previous circumstances, there is either a guaranteed death or a potential chance at life if a risky transplant is conducted? In addition to those points, there is nothing that relates patient gave the legal right to make medical decisions on their behalf to another individual. As the clause has a strict policy on requiring patient consent, it would prevent medical treatment in a number of circumstances where the patient is unable to consent.

If this resolution was proposed again with amendments to accommodate the concerns raised, Kaprein would support it.

Harry Adler, Permeant Representative of Kaprein to the World Assembly

[Orion Pax]

Whilst nothing in this resolution is contentious, I also wonder whetehr it is really necessary and whether it is a red tape exercise. Any sensible nation would test tissues for safety and laws should prevent the deliberate and malicious donation of infected tissue. Most nations have that law over donation of blood and organs, and it falls into a similar area as haveing unprotected sex whilst carrying an STD without informing your partner.

I voted in favour, however I feel the biggest effect of this resolution would be to increase paperwork rather than safety standards.

[Holy Patagonia]

While the Empire of Holy Patagonia agrees and indeed commends the nature and intent behind this resolution, there are a few issues we wish to see resolved before being able to comfortably vote in favor.

Firstly, Section 2 states, "No person may be discriminated against in biomedical tissue donation... based on that person's holding or lack of any arbitrary, reductive characteristic." The usage of the phrase "arbitrary, reductive characteristic" is rather vague. Who decides what is or is not an "arbitrary, reductive characteristic?" While the intent behind the phrase is clear, such wording leaves it open for individual nations to skirt this requirement by simply stating that they do not view characteristics such as race, class, sexuality, etc. as arbitrary or reductive.

Along with this, as previous representatives have already stated, Section 2b prevents the penalization of individuals knowingly carrying infections and diseases attempting to donate biomedical tissue, creating a potential health and safety hazard.

Lastly, Section 4 - while again being rather agreeable in spirit - would likely benefit with a small addendum stating that biomedical tissue can be transferred to an individual without their consent in select cases where they are incapable of giving said consent. Examples of this would be a comatose subject, an incapacitated subject, etc.

Upon the completion of proposed revisions, the Empire of Holy Patagonia would be happy to vote in favor.

- Victoria Pokes, International Representative of the Empire of Holy Patagonia, Personal Representative of the Holy Patagonian God-Emperor, Heir Apparent to the Empire of Holy Patagonia

[Frenchy]

"Against. Seems unnecessary, given GA#217 Biomedical Donor Rights and GA#546 Blood Donation Safety And Equality Act. And 2b contradicts GA#546's "it shall be considered a criminal offense to knowingly attempt to donate unsafe blood" provision by protecting those who knowingly donate contaminated blood." -Minskiev

Taking into account internal discourse and a vote on the regional position towards the relevant resolution,

The Rejected Realms WA Office recommends a vote AGAINST “Biomedical Donation Omnibus Act”.

This recommendation was written by Frenchy.

[West Remeshile]

The Federal Republic of West Remeshile
Issued by the Department of External Relations

West Remeshile believes in a world in which human rights are respected, and the dignity of all is heeded. West Remeshile would be doing a disservice to our people if we voted in opposition to this legislation. Simply put, we oppose discrimination, and will always vote in the affirmative for resolutions that aim to expand human decency.

“Strength through Freedom”

[West Barack and East Obama]

"Biomedical Donation Omnibus Act" was defeated 11,795 votes to 2,637.