This has been pulled and re-drafted to avoid all subordination clauses.
Main goals of this resolution:
- This takes GA467 and GA571 further by requiring that all gender affirmation procedures be free of charge at the point of use. (If a state uses health insurance, health insurance premiums may not be varied). There's also a requirement that gender affirmation procedures cannot be denied except under extremely limited circumstances.
- It also takes GA559 further by requiring free health coverage for anyone who has already undergone conversion therapy.
- It also expands the role of Choice Plus to also cover gender affirmation procedures. It also makes Choice Plus clinics assess competence without considering chronological age, so teenagers and others that want to get puberty blockers can go to Choice Plus clinics that are outside of a WA state for such treatment.
- It also tightens several loopholes regarding gender affirmation in previous resolutions, hence the long list of 15 resolutions cited because of the need to navigate through several quirks in previous resolutions.
Note that health care is already generally state-funded in WA states (under GA97). The insurance provisions are to cover for the exceptions in that resolution for voluntary private insurance and there is a specific provision in case gender-adequate procedures are classified as elective care (due to an ambiguity in GA97). Puberty blockers etc is covered (as a form of hormone therapy) as available to anyone mature enough to request it to cater to both concerns over the Cass Report in the UK and GA299, this also makes any territory of the WA (as well as the WA headquarters) a sanctuary for teenagers looking for gender affirmation procedures.
This has been re-drafted to avoid anti-contradiction clauses (primarily to do with legal competence, GA299). Any repeals of resolutions superseded by this resolution will come only after this has been passed and bedded down in full.
Category: civil rights, strong
Last call
The World Assembly (WA),
Noting related GARs 29, 41, 91, 97, 161, 389, 457, 467, 480, 499, 523, 559, 571, 582 and 659;
Seeking to expand the right to gender affirmation procedures, as well as the responsibilities of Choice Plus in providing care;
The WA enacts as follows:
- Definitions.
- "Conversion therapy" means any activity or procedure intended to alter or reverse anyone's sexual orientation or gender identity.
- "Entity" means any entity or individual under the jurisdiction of a WA state or the WA.
- "Hormone therapy" includes any use of hormones, chemicals, drugs, or other injected or digested substances to help align an individual's physical form with their gender identity.
- "State" means a WA member state, including its sub-national authorities.
- "Territory" means any place under the direct jurisdiction of the WA.
- "Treatment" means a gender affirmation procedure. This term is broadly defined for the benefit of users of such procedures, and includes (as examples) all kinds of surgery, hormone therapy, puberty blockers, and related care such as urological care, psychological care, therapy, and mental health care. It also includes any support and care provided under sub-clause (2)(c).
- References to "the WA" include its committees. Terms in the singular include the plural and vice versa.
- Availability. Subject to clause (3):
- All treatments shall be legal in all states and territories. All treatments shall be available to all inhabitants in all states and territories. All treatment shall be available (i) free at the point of use, (ii) through convenient means, and (iii) subject to relevant health care quality standards.
- No state or entity may deny or impede anyone from seeking or receiving any treatments anywhere for any reason. This includes denial as penalty for an offence. No state or entity may deny or impede travel by anyone to another state or territory for treatment unless they are prohibited from travel by relevant laws. No state or entity may compel or entice anyone to seek or receive any treatment anywhere.
- No state may permit conversion therapy in that state, nor permit advertising for such therapy in that state. Each state shall provide all relevant support and care at the request of any inhabitant who has already undergone conversion therapy.
- If a state's care system operates (partly or fully) through insurers, no insurer may deny claims or coverage for any treatment, or vary any premiums or charges due to the use of any treatment.
- Anyone who contravenes this clause (2) in a state, territory, or the WA headquarters ("headquarters") commits an offence.
- Denials.
- No state may deny any treatment to anyone except on the grounds of mental acuity and competence. Incarceration or penalty for an offence are not valid grounds to deny treatment. Delays in treatment due to quarantine may only be imposed according to prevailing laws.
- No state may deny the use of specific forms of treatment, such as specific puberty blockers, except for a legitimate danger to their health. A state is responsible for seeking reasonable alternatives, if available, in case of contraindications.
- The burden of proof for "legitimate danger" in this clause shall at least be on a "clear and convincing evidence" basis.
- Choice Plus.
- If a state is unable to (or CP deems it unable to) adequately provide any treatment for any reason, Choice Plus ("CP") shall provide such treatment at its own facilities located in convenient locations at the said state free-of-charge. CP shall also provide all treatments (as well as abortions) free-of-charge in all territories and the headquarters to anyone who is subject to the jurisdiction of the WA or a state.
- CP (and each state) shall keep their treatment records in confidence. CP services are subject to applicable health care quality standards, and monitoring by relevant WA committees.
- CP shall independently assess the mental acuity and competence of anyone seeking treatment at its facilities. For any treatment conducted at any facility located in any territory or the headquarters, CP shall disregard chronological age as a factor in such assessment.
- Each state’s government shall fully indemnify CP for its services in that state. If CP believes that this will afflict genuine hardship, CP may partly or fully waive such payments in favor of other funding sources such as donations.
- Interpretation. Each state is to enforce and interpret this resolution in good faith and for the benefit of anyone that seeks any treatment.
Char count: 4,683