NationStates Jolt Archive

Abortion Regulational Rights Resolution.

!DRAFT!

Catagory:<pending> Description:<pending> Strength:<pending>

Recognizing the broad scope of the existing
resolution, "Abortion Rights", The United Nations
hereby resolves to define the following provisions as not
being interference:

I. Nations shall have the right to prohibit
abortions after the 30th week of pregnancy.
A)This article shall not be used to construe
the right to restrict abortions for medical
reasons where:
1)The life of the mother is in question.
2)The life of the child is in question.
B)Consent under this article may, in addition to
the woman, include:
1)For minors: The legal guarian(s).
2)Partnerships(Marriages): the persons's legal
spouse.
C)In situations, under this Article, where the woman is unable
to provide consent, consent shall be obtained from, in this order:
1)The woman's legal spouse.
2)The woman's closest living relative.
3)After Article's I-C-1,2 are exausted the presiding
physician may provide consent.


II. Nations shall have the right to the proper
licensing and regulation of institutions who
provide abortion services within their nation's borders.

A)Any practice of abortion outside of the properly
regulated and licensed institutions aforementioned
shall be punishable by any applicable law(s) within
said nations.
B)Both the provider and the client may be held accountable
under Article II-A.

III. Nations shall have the right, in the case of:

A)Minors: To require the consent and approval of the
minor's guardian(s).
B)Partnerships(Marriages): To require consent from
the client's spouse.
C)In the case of rape or incest, wherein the perpetrator
is of the party defined in Article III-A or B. Their
consent shall not be required.

IV. Nations shall have the right to require whatever form
of "Family planning" counselling deemed neccessary
before the client(s) make their decision.

A)This counselling may include all applicable parties
including (sic.) the woman's legal spouse and in
the case of minors, their legal guardian(s).
B)Article IV-A shall never allow the inclusion of aforementioned
parties, wherein they are the perpetrator(s), in the case of rape
and/or incest.

V. Any nation excercising rights within Articles III and IV, wherein
the other required party does not consent, shall make the raising
and support of the child legally binding upon the said non-consenting
party.

A)Any failure by the non-consenting party to live up to their legal
obligations under this article shall be punishable under any
applicable law(s) of said nation.
B)If, under Article III-A,B and/or IV-A, additional consent is required,
and the other required party refuses to attend, they shall be automatically
considered consenting.
C)If, in the case of the client using any decieving means to prevent the
applicable additional party under Article III-A,B and/or IV-A from attending,
preventing their consent, the said client shall be held accountable in the
violation of any applicable law(s) of said nations.
D)For the purpose of enforement under this article, institutions shall
provide to the proper law-enforecment officials:
1)Certified contact information of the party/parties. Including:
a)Certified copies of letters.
b)Certificates of reciept.
c)Telephone recordings.
2)Either the original, or certified copies as such, of all applicable
consent forms.
E)Women shall have the right to request the paternal father of the fetus, and/or
his spouse be notified of the abortion.
1)For this provision to be operated, paternity tests must be conducted to
determine the paternal father.

VI. Any other regulation on abortion outside the scope of this Resolution shall be considered interference.
And stand in violation of the "Abortion Rights" Resolution.

Upon passage, this resolution shall take immediate
amending effect upon the "Abortion Rights" resolution.


Odd... the previous thread was locked....

Alterations made to change this away from "Amendment" and more to an "Adendum" defining the scope of "interferance"... Also to cover more of the more recent feedback.

All and all, I think it's not too bad. Pretty thorough.
Unfortunately, it looks like the current resolution is going to pass.
If this proposal can proceed, I could probably support it.

Additions and changes....


Abortion Regulational Rights Resolution.

!DRAFT!

Catagory:<pending> Description:<pending> Strength:<pending>

Recognizing the broad scope of the existing
resolution, "Abortion Rights", The United Nations
hereby resolves to define the following provisions as not
being interference:

I. Nations shall have the right to prohibit
abortions after the 30th week of pregnancy.
A)This article shall not be used to construe
the right to restrict abortions for medical
reasons where:
1)The life of the mother is in question.
2)The life of the child is in question.
B)Consent under this article may, in addition to
the woman, include:
1)For minors: The legal guardian(s).
2)Partnerships(Marriages): the persons's legal
spouse.
C)In situations, under this Article, where the woman is unable
to provide consent, consent shall be obtained from, in this order:
1)The woman's legal spouse.
2)The woman's closest living relative.
3)After Article's I-C-1,2 are exausted the presiding
physician may provide consent.


II. Nations shall have the right to the proper
licensing and regulation of institutions who
provide abortion services within their nation's borders.

A)Any practice of abortion outside of the properly
regulated and licensed institutions aforementioned
shall be punishable by any applicable law(s) within
said nations.
B)Both the provider and the client may be held accountable
under Article II-A.
C)No private medical institution shall be required by any law(s)
to provide abortion services.
1)If aforemention institution refuses treatment they must
provide the client with refferences to applicable
institutions that will provide said service.

III. Nations shall have the right, in the case of:

A)Minors: To require the consent and approval of the
minor's guardian(s).
B)Partnerships(Marriages): To require consent from
the client's spouse.
C)In the case of rape or incest, wherein the perpetrator
is of the party defined in Article III-A or B. Their
consent shall not be required.

IV. Nations shall have the right to require whatever form
of "Family planning" counselling deemed neccessary
before the client(s) make their decision.

A)This counselling may include all applicable parties
including (sic.) the woman's legal spouse and in
the case of minors, their legal guardian(s).
B)Article IV-A shall never allow the inclusion of aforementioned
parties, wherein they are the perpetrator(s), in the case of rape
and/or incest.

V. Any nation excercising rights within Articles III and IV, wherein
the other required party does not consent, shall make the raising
and support of the child legally binding upon the said non-consenting
party.

A)Any failure by the non-consenting party to live up to their legal
obligations under this article shall be punishable under any
applicable law(s) of said nation.
B)If, under Article III-A,B and/or IV-A, additional consent is required,
and the other required party refuses to attend, they shall be automatically
considered consenting.
C)If, in the case of the client using any decieving means to prevent the
applicable additional party under Article III-A,B and/or IV-A from attending,
preventing their consent, the said client shall be held accountable in the
violation of any applicable law(s) of said nations.
D)For the purpose of enforement under this article, institutions must
provide to the proper law-enforecment officials:
1)Certified contact information of the party/parties. Including:
a)Certified copies of letters.
b)Certificates of reciept.
c)Telephone recordings.
2)Either the original, or certified copies as such, of all applicable
consent forms.
E)Women shall have the right to request the paternal father of the fetus, and/or
his spouse be notified of the abortion.
1)For this provision to be operated, paternity tests must be conducted to
determine the paternal father.

VI. Any other regulation on abortion outside the scope of this Resolution shall be considered interference.
And stand in violation of the "Abortion Rights" Resolution.



I decided to add some equitable rights covering concerns of rights in free-market societies.

Where is the man's right to parental disassociation. There needs to be an equivalent to abortion for men.

Let's get Darwinian. . .

If a woman has the sole right over her body and the unborn child then she should be the only one to have any responsibility for it since it was her ultimate decision to bring it into this world. The man should not be force to pay child support for any child he doesn't want.

Let's make abortion fair!!!

Force fatherhood violates a man's body by making it slave to a child he doesn't want. A man has a right to his body and resources that body can produce for his own livelihood.

III. Nations shall have the right, in the case of:

A)Minors: To require the consent and approval of the
minor's guardian(s).
B)Partnerships(Marriages): To require consent from
the client's spouse.
C)In the case of rape or incest, wherein the perpetrator
is of the party defined in Article III-A or B. Their
consent shall not be required.



IV. Nations shall have the right to require whatever form
of "Family planning" counselling deemed neccessary
before the client(s) make their decision.

A)This counselling may include all applicable parties
including (sic.) the woman's legal spouse and in
the case of minors, their legal guardian(s).
B)Article IV-A shall never allow the inclusion of aforementioned
parties, wherein they are the perpetrator(s), in the case of rape
and/or incest.



V. Any nation excercising rights within Articles III and IV, wherein
the other required party does not consent, shall make the raising
and support of the child legally binding upon the said non-consenting
party.

A)Any failure by the non-consenting party to live up to their legal
obligations under this article shall be punishable under any
applicable law(s) of said nation.
B)If, under Article III-A,B and/or IV-A, additional consent is required,
and the other required party refuses to attend, they shall be automatically
considered consenting.
C)If, in the case of the client using any decieving means to prevent the
applicable additional party under Article III-A,B and/or IV-A from attending,
preventing their consent, the said client shall be held accountable in the
violation of any applicable law(s) of said nations.
D)For the purpose of enforement under this article, institutions must
provide to the proper law-enforecment officials:
1)Certified contact information of the party/parties. Including:
a)Certified copies of letters.
b)Certificates of reciept.
c)Telephone recordings.
2)Either the original, or certified copies as such, of all applicable
consent forms.
E)Women shall have the right to request the paternal father of the fetus, and/or
his spouse be notified of the abortion.
1)For this provision to be operated, paternity tests must be conducted to
determine the paternal father.


there is already a system of providing an equitable balance between the rights. If you want to offer critisims on the existing ballance, then provide possible additions or symantec changes that can be considered.

We would fully support such a proposal if the current resolution passes, and it seems likely that some big hitters could be got on board as well. The major concern we have is that it could be interpreted as a repeal by a mod, so TG Myrth or someone beforehand to get it cleared up.

Major worry is this:
II. Nations shall have the right to the proper
licensing and regulation of institutions who
provide abortion services within their nation's borders.

Easy loophole for repeals: nations could use this to make abortions prohibitively expensive, or have one licensed abortionist in the entire country, and so forth. We acknowledge that this is a necessary step, but it'd be good if it could be clarified without adding much more verbiage.

in general i would support such a proposal/resolution, because the current one that looks like it will pass is too radical (i don't think the UN should mess with abortion, as it really doesn't affect anything on an international level, but at least this is a step back from the one currently at vote)

wow little did i know that when i joined the UN it would be hijacked by liberal murderers.. fun stuff, owell this whole thing is crap anyways, wish you all wouldnt make it suck so much and just let my nation's babies live but i guess u have absolutly no heart whatsoever, im pulling out because abortion is just wrong

My dear collegue from Swoot.

I'd suggest reading the resolution before passing judgement, this is an addendum *IF* the current proposal on abortion rights passes. The Republic of Tekania is most definitely pro-choice, but the Republic also recognises when action needs to be taken in the interest of world peace. The addendum is to confer rights held by the member nations that do not "qualify" under the catagory of "infereance" as written in the "Abortion Rights Resolution". The Republic of Tekania voted no to the current on-table proposal of abortion rights on sovereignty, ethical, and social reasons. This resolution is designed, at least, to minimalize damage in all three catagories that the on-table resolution creates.

http://www.nationstates.net/images/flags/uploads/tekania.jpg

"Qui Desiderant Pacem Preparate Bellum"
("Those who desire peace, prepare for war.")

We need feedback....... more feedback...

good you need to pull out, you dont need to be a part of somthing when your so closed minded....its not your right to tell the women in your nation that they cannot get an abortion...that is unless you decide to be Hitler then you can tell them to do whatever you want...its a womens choice to keep a baby or not...depending on the circumstances it may not be best to bring a child into that particular persons life....if your so "pro-life" then why dont you think about the womens life.....


wow little did i know that when i joined the UN it would be hijacked by liberal murderers.. fun stuff, owell this whole thing is crap anyways, wish you all wouldnt make it suck so much and just let my nation's babies live but i guess u have absolutly no heart whatsoever, im pulling out because abortion is just wrong

The problem is that this lobby should have been done BEFORE sucha horrible "Resolution" was supported to pass to general vote.

If the quality of the resolutions keeps on going that way, last one about the copyright now a frase one, I´ll have to retreat from the UN, not becouse of the UN but becouse of people beeing not able to bring up decent resolutions.

Where is the male's right to choose?

ABORTION IS SEXIST!!!

Abortion is a sexist practice ignoring the rights of the male. It gives the woman not only the right to her own body and body of an unborn child but the right to violate the body of the man who fathered the child.

This is a travesty!!!

A man should not be forced into parental association and fatherhood against his will. That is why I propose a motion to be drafted that grants all males an equivalent to abortion, the right to disown and disassociation.

A man has a right to his own body and the resources that body can produce through labor (work) for his own survival and livelihood. Any forced parental duties will effectively steal him of those resources and basically violate his body.

Another thing, If a woman has the right to decide the ultimate fate of an unborn child then she should have the only and ultimate responsibility for that child since bringing into the world is ultimately her decision. And since it is her decision she must take care of it solely.

This act will apply to every child conceived out of wedlock. Any child born out of wedlock will be DNA tested at birth and compared to the genetic profile of possible fathers. The father, if found, will be given 90 days to make a decision from his signature of a document proving his knows of the child's existence. This document will be served and signed in the presence of a court appointed person. After this, his parental duties will be enforced if he does not sign or reply.

If the child is conceived in wedlock but is a result of an adulterous affair the child will be DNA tested at birth and woman's husband will be given a document absolving him of all parental duties if the child is not of her husband. The genetic father will be given 90 days to choose to take parental responsibilities from his signature on a document which he will be served by a court appointed person.

Give me a break, if the men carried babies, then they could make decisions. No one has a right to tell a woman what to do with her body.

NO WOMAN HAS THE RIGHT TO FORCE A MAN TO PAY CHILD SUPPORT EITHER!!!

If a woman is prepared to make the ultimate decision for a child's fate then she sure as hell should bare any responsibility for it.

The man help start a child in the woman's womb but if he sure as hell didn't finish it and sure as hell wasn't his choice to keep it then he shouldn't be forced into being a parent.

IF A WOMAN GROWS IT IN THE WOMB, SHE KEEPS IT, SHE PAYS FOR IT!!!

Men should not be forced to parental association. Stop the fascists!!!

Utopia Pacifica,

We, as a nation of people who still remember the lessons of simple sentence structure which were taught to our citizens when they were between the ages of three and seven, feel your pain. We hope that the other members of the United Nations - not just those who submit resolutions, but also those who mindlessly click "yes" - can also recall these lessons. Additionally, we hold a degree of hope that, sometime in the far future, such members can progress on to the dizzy lingual heights of what we call "articulate" language.

Tekania,

We must thank you for your diplomats' most valuable and timely work in compiling this draft proposal. As far as we can see, the resolution is indeed a wise one, and one that is desperately needed. If it was submitted as a proposal, we would do our utmost to see it through, despite the fact that we are not a delegate nation.

We do, however, have some commentaries and suggestions to offer;

II-B - Our nation believes that, in the interests of combatting the aforementioned methods for nations to 'dodge' this resolution, the client of abortion procedures should not bear legal responsibility for procedures performed outside the law. Whilst we acknowledge this may be construed as condoning illegal, and potentially risky, operations, we feel that this issue would be akin to making patients responsible for doctors' mistakes.

II-C - Our nation believes that, in the interests of not interfering with national sovereignty, this clause should be considered for omission.

II-C-1 - "refferences" should be spelt "references"

III-C - We feel some slight clarification here would not go astray. Perhaps "If the conception has been legally found to be the result of rape or incest ..."

III-C - Grammatically, these two statements should be in one sentence. "is of the party defined in Article III-A or B. Their
consent shall not be required."

V - "exercising" is misspelt.

V-B - the use of the phrase "refuses to attend" is a little unclear.

V-C - Whilst this clause is helpful, we believe "shall" should be a "should". This is not an overwhelmingly specific clause, and as such, the individual nation should have the final say on it and its interpretation.

V-D - "enforcement" is misspelt twice

V-D-1-b - "receipt" is misspelt

VI - Sentence structure is suspect - perhaps "Any other regulation on abortion outside the scope of this Resolution shall be considered interference, and shall stand in violation of the "Abortion Rights" Resolution.

----

Although it seems as if we have raised many issues, we are overall in extreme countenance both of Tekania's initiative and of the proper, formal and justly capacious nature of her submission. We hope vigorously to see this one reach the floor.

I have to agree with mosaic oa.

The 2 persons have the responsability about a child, the mother & the father.

If the woman whants to the baby, & the father not, why can´t he not pay for it?

So I think, that if a man doesn´t whant a baby, he should not be obligated to mantain it or if the mother whants to get rid of it, & the father not, then she has to bring the babay into the world after which the care would be given to the father & the mother would be off.

But as general posture, I think that general abortion should never be legitim since life isn´t something with which you go & play arround. Having sex isn´t just fun, but a responsabilty too.
& if some people can´t care the responsibility, then maybe the shouldjust have oral sex or masturbate.

But as general posture, I think that general abortion should never be legitim since life isn´t something with which you go & play arround. Having sex isn´t just fun, but a responsabilty too.
& if some people can´t care the responsibility, then maybe the shouldjust have oral sex or masturbate.

I have to disagree with you on all accounts.

Sometimes laws aren't written to be fair. Laws must sometimes be written to do what's best and right, causing society the least amount of net pain. Abortions will be had whether they are legal or not. If they're not legal, and fall within clear cut and defined medical guidlines, you are risking far more societal damage as a result of deaths from black market abortions. Or in some desparate cases, self-inflicted attempts.

The necessity to abort a fetus is often an economic concern. That is, it is generally a decision when the incomes of the persons involved are not great enough to feed another mouth. Additionally, in youth, it is a result of social pressure in traditional communities that looks down on those who have children early. The risk of such a scenario is in turn a result of the resistance in such communities to educating youth about proper use of contraception to better avoid the pregnancy to begin with.

So, my suggestion is seek the root cause first--support education for contraception if you want to minimize abortions and the negative fallout. Effective use of contraception will drop the rate of the termination of unwanted pregnancies vastly. At which point, the legalization of the practice will simply make sure that it is a regulated medical procedure avoiding unintended consequences.

III. Nations shall have the right, in the case of:

A)Minors: To require the consent and approval of the
minor's guardian(s).
B)Partnerships(Marriages): To require consent from
the client's spouse.
C)In the case of rape or incest, wherein the perpetrator
is of the party defined in Article III-A or B. Their
consent shall not be required.


Section A requires a definition of the word: Minor.
Moreover I feel that this area inflicts a rather inordinate societal burden on those who can least afford to care for children.

I suggest a change to section B)
The pregnant party should be allowed to absolve the relationship and marital contract, if in firm disagreement.

II-B - Our nation believes that, in the interests of combatting the aforementioned methods for nations to 'dodge' this resolution, the client of abortion procedures should not bear legal responsibility for procedures performed outside the law. Whilst we acknowledge this may be construed as condoning illegal, and potentially risky, operations, we feel that this issue would be akin to making patients responsible for doctors' mistakes.


This is in relation to Article II, be noted the wording...


II. Nations shall have the right to the proper
licensing and regulation of institutions who
provide abortion services within their nation's borders.

A)Any practice of abortion outside of the properly
regulated and licensed institutions aforementioned
shall be punishable by any applicable law(s) within
said nations.
B)Both the provider and the client may be held accountable
under Article II-A.


IOW, This is providing much optionality to the sovereign decision to the nation as far as enforement, it's not a YOU MUST, but a YOU HAVE A RIGHT TO... This neither mandates a countries regulation of abortion institutions, not mandates any particular laws in association with violations of possible regulations... Rather leaves them the right to have, regulate, and stipulate punishments for violations, and that these punishments can apply towards both clients and providers....

II-C - Our nation believes that, in the interests of not interfering with national sovereignty, this clause should be considered for omission.

To quote...

C)No private medical institution shall be required by any law(s)
to provide abortion services.
1)If aforemention institution refuses treatment they must
provide the client with refferences to applicable
institutions that will provide said service.


Note the word PRIVATE, IE, the equivalent of an non-government run hospital or such, like a Catholic run hospital... where providing abortion services would be tantamount to a violation of their religious liberties.
Not applying to state run hospitals.

II-C-1 - "refferences" should be spelt "references"
Noted and fixed

III-C - We feel some slight clarification here would not go astray. Perhaps "If the conception has been legally found to be the result of rape or incest ..."

III-C - Grammatically, these two statements should be in one sentence. "is of the party defined in Article III-A or B. Their
consent shall not be required."

Noted and ammended...


C)In the case of conception, wherein it is legally found to be the
result of rape or incest, wherein the perpetrator
is of the party defined in Article III-A or B, their
consent shall not be required.


V - "exercising" is misspelt

Noted and ammended....


V. Any nation exercising rights within Articles III and IV, wherein
the other required party does not consent, shall make the raising
and support of the child legally binding upon the said non-consenting
party.


V-B - the use of the phrase "refuses to attend" is a little unclear.

Yeah, I can see, but I'll have to deliberate on that, or maybe someone else can come up with a better alternative, I guess we'll see.

V-C - Whilst this clause is helpful, we believe "shall" should be a "should". This is not an overwhelmingly specific clause, and as such, the individual nation should have the final say on it and its interpretation.

They are... it is given to the nations to decide upon it's enforecement...


C)If, in the case of the client using any decieving means to prevent the
applicable additional party under Article III-A,B and/or IV-A from attending,
preventing their consent, the said client shall be held accountable in the
violation of any applicable law(s) of said nations.


Note the enforecement is based on the nations applicable laws for such action, not mandating any particular legal result of the action, just the right for the nation to hold them accountable.

(Note the purpose is to define the scope of what ISN'T interferance, not to set mandates from on high)

V-D - "enforcement" is misspelt twice

noted and repaired...


D)For the purpose of enforcement under this article, institutions must
provide to the proper law-enforcement officials:
1)Certified contact information of the party/parties. Including:
a)Certified copies of letters.
b)Certificates of receipt.
c)Telephone recordings.
2)Either the original, or certified copies as such, of all applicable
consent forms.


VI - Sentence structure is suspect - perhaps "Any other regulation on abortion outside the scope of this Resolution shall be considered interference, and shall stand in violation of the "Abortion Rights" Resolution.


Noted and ammended...


VI. Any other regulation on abortion outside the scope of this Resolution shall be considered interference,
and stand in violation of the "Abortion Rights" Resolution.


Once again, to note, for future posts, the intent is not to pass ABSOLUTES, like YOU WILL DO THIS, it's designed to define a scope of legitimate controls that a UN member country may enact that are not defines as "interference" in conjunction with the "Abortion Rights Resolution"
You can declare the people "SHALL HAVE A RIGHT TO" the freedom of speech, this does not mean people MUST speak freely... merely that the right is absolute for them to exercize at their own descresion.

Thank you for your input my esteemed collegue from Cacodaemonomania


Now onto the next one... Utopia Pacifica,


I have to agree with mosaic oa.

The 2 persons have the responsability about a child, the mother & the father.

If the woman whants to the baby, & the father not, why can´t he not pay for it?

So I think, that if a man doesn´t whant a baby, he should not be obligated to mantain it or if the mother whants to get rid of it, & the father not, then she has to bring the babay into the world after which the care would be given to the father & the mother would be off.

But as general posture, I think that general abortion should never be legitim since life isn´t something with which you go & play arround. Having sex isn´t just fun, but a responsabilty too.
& if some people can´t care the responsibility, then maybe the shouldjust have oral sex or masturbate.


This has nothing to do with this draft's intent nor purpose, nor the to purport such a purpose on other nations.

This is a draft proposal, written as an addendum to define some national rights that lay outside the scope of "interference" as written in the "Abortion Rights Resolution" Since the "Abortion Rights Resolution" does not seek or specifiy any stipulations that include mandating men paying for the abortion or the raising of the child (nor does it really STIPULATE MUCH at all, which is the reason this addendum is so important) this one covers it also. Whether or not a man is required by law to do so, is outside the scope of EITHER proposed resolution, and is inherantly an issue of paternal suit considerations in each member nations' laws. The closest this law does, and WILL approach this position in legal wording, is the allowance of a nation to include the LEGAL SPOUSE of the woman (not necessarily the child's biological father) to have a say. This resolution only sits to deal with situations wherein there is already a specified legal contract existing connecting seperate parties, no where to deal with CREATING contractural omissions where no contract is present. (Sorry for the "contractural" stuff, but the Republic rests on the principle of Common Law as far as marriage, we have NO marriage laws, and all marriage concepts are handled under the concept of contractural law, wherein marriage is a legal contract taken on by two parties... We just wanted to make sure that contract law was protected, otherwise it would create legal nightmares.)

http://www.nationstates.net/images/flags/uploads/tekania.jpg

"Qui Desiderant Pacem Preparate Bellum"
("Those who desire peace, prepare for war.")

@Tekania

"Nations shall have the right to prohibit
abortions after the 30th week of pregnancy."
If you give nations the right to prohibit abotions after the third month of pregnancy (90 days) we could agree to that proposal.

Sincerely yours

Marc Smith, president of Kybernetia, regional delegate of Futura

Section A requires a definition of the word: Minor.
Moreover I feel that this area inflicts a rather inordinate societal burden on those who can least afford to care for children.

I suggest a change to section B)
The pregnant party should be allowed to absolve the relationship and marital contract, if in firm disagreement.


One the first point, there is a partial agreement, HOWEVER... this is the proposed solution...


A)Minors: To require the consent and approval of the
minor's guardian(s).
1)The term minor, is to be defined under the applicable law of said nation.


I don't personally think it would be appropriate for the UN to define the term minor, and apply that to all nations.... it should be left up to the descresion of each nation.

On the second point, that has no revelance to this issue.... There is nothing particular to the proposal, the propsed resolution it relies on, nor in the rest of the scope of UN law that prevents the absolvement of said marrital contract. This is a resolution of RIGHTS the NATION has that doest classify as interference under the existing Resolution... The ability to desolve the contract lies souly in the scope of the contract between the parties, and has no bearing on the state. Like the aforementioned, such a addition would violate would create a legal nightmare in contract law, it is up to the parties (under Common Law) or up to the state (wherein there is state licensed marriage laws) to add stipulations to the contract. Such a proposal is a violation of the legal rights protected under the Common Law, our nation would be unable to even alot that, since we have no legal say in the stipulations of personal contracts to which we are not signiaries... merely to the arbitration of disputes on violated contracts brought up by the parties bound by the contract. So, in the end, regardless, in the case of state party marriages, it is up to the nation to determine the principles of the contract, not in this resolution.

http://www.nationstates.net/images/flags/uploads/tekania.jpg

"Qui Desiderant Pacem Preparate Bellum"
("Those who desire peace, prepare for war.")

Current complete draft,


Abortion Regulational Rights Resolution.

!DRAFT!

Catagory:<pending> Description:<pending> Strength:<pending>

Recognizing the broad scope of the existing
resolution, "Abortion Rights", The United Nations
hereby resolves to define the following provisions as not
being interference:

I. Nations shall have the right to prohibit
abortions after the 30th week of pregnancy.
A)This article shall not be used to construe
the right to restrict abortions for medical
reasons where:
1)The life of the mother is in question.
2)The life of the child is in question.
B)Consent under this article may, in addition to
the woman, include:
1)For minors: The legal guardian(s).
2)Partnerships(Marriages): the persons's legal
spouse.
C)In situations, under this Article, where the woman is unable
to provide consent, consent shall be obtained from, in this order:
1)The woman's legal spouse.
2)The woman's closest living relative.
3)After Article's I-C-1,2 are exausted the presiding
physician may provide consent.


II. Nations shall have the right to the proper
licensing and regulation of institutions who
provide abortion services within their nation's borders.

A)Any practice of abortion outside of the properly
regulated and licensed institutions aforementioned
shall be punishable by any applicable law(s) within
said nations.
B)Both the provider and the client may be held accountable
under Article II-A.
C)No private medical institution shall be required by any law(s)
to provide abortion services.
1)If aforemention institution refuses treatment they must
provide the client with references to applicable
institutions that will provide said service.

III. Nations shall have the right, in the case of:

A)Minors: To require the consent and approval of the
minor's guardian(s).
1)The term minor, is to be defined under the applicable law(s) of said nation.
B)Partnerships(Marriages): To require consent from
the client's spouse.
C)In the case of conception, wherein it is legally found to be the
result of rape or incest, wherein the perpetrator
is of the party defined in Article III-A or B, their
consent shall not be required.

IV. Nations shall have the right to require whatever form
of "Family planning" counselling deemed neccessary
before the client(s) make their decision.

A)This counselling may include all applicable parties
including (sic.) the woman's legal spouse and in
the case of minors, their legal guardian(s).
B)Article IV-A shall never allow the inclusion of aforementioned
parties, wherein they are the perpetrator(s), in the case of rape
and/or incest.

V. Any nation exercising rights within Articles III and IV, wherein
the other required party does not consent, shall make the raising
and support of the child legally binding upon the said non-consenting
party.

A)Any failure by the non-consenting party to live up to their legal
obligations under this article shall be punishable under any
applicable law(s) of said nation.
B)If, under Article III-A,B and/or IV-A, additional consent is required,
and the other required party refuses to attend, they shall be automatically
considered consenting.
C)If, in the case of the client using any decieving means to prevent the
applicable additional party under Article III-A,B and/or IV-A from attending,
preventing their consent, the said client shall be held accountable in the
violation of any applicable law(s) of said nations.
D)For the purpose of enforcement under this article, institutions must
provide to the proper law-enforcement officials:
1)Certified contact information of the party/parties. Including:
a)Certified copies of letters.
b)Certificates of receipt.
c)Telephone recordings.
2)Either the original, or certified copies as such, of all applicable
consent forms.
E)Women shall have the right to request the paternal father of the fetus, and/or
his spouse be notified of the abortion.
1)For this provision to be operated, paternity tests must be conducted to
determine the paternal father.

VI. Any other regulation on abortion outside the scope of this Resolution shall be considered interference,
and stand in violation of the "Abortion Rights" Resolution.



http://www.nationstates.net/images/flags/uploads/tekania.jpg

"Qui Desiderant Pacem Preparate Bellum"
("Those who desire peace, prepare for war.")

Full text of draft at present...


Abortion Regulational Rights Resolution.

!DRAFT!

Catagory:<pending> Description:<pending> Strength:<pending>

Recognizing the broad scope of the existing
resolution, "Abortion Rights", The United Nations
hereby resolves to define the following provisions as not
being interference:

I. Nations shall have the right to prohibit
abortions after the 30th week of pregnancy.
A)This article shall not be used to construe
the right to restrict abortions for medical
reasons where:
1)The life of the mother is in question.
2)The life of the child is in question.
B)Consent under this article may, in addition to
the woman, include:
1)For minors: The legal guardian(s).
2)Partnerships(Marriages): the persons's legal
spouse.
C)In situations, under this Article, where the woman is unable
to provide consent, consent shall be obtained from, in this order:
1)The woman's legal spouse.
2)The woman's closest living relative.
3)After Article's I-C-1,2 are exausted the presiding
physician may provide consent.


II. Nations shall have the right to the proper
licensing and regulation of institutions who
provide abortion services within their nation's borders.

A)Any practice of abortion outside of the properly
regulated and licensed institutions aforementioned
shall be punishable by any applicable law(s) within
said nations.
B)Both the provider and the client may be held accountable
under Article II-A.
C)No private medical institution shall be required by any law(s)
to provide abortion services.
1)If aforemention institution refuses treatment they must
provide the client with references to applicable
institutions that will provide said service.

III. Nations shall have the right, in the case of:

A)Minors: To require the consent and approval of the
minor's guardian(s).
B)Partnerships(Marriages): To require consent from
the client's spouse.
C)In the case of conception, where it is legally found to be the
result of rape or incest, wherein the perpetrator
is of the party defined in Article III-A or B, their
consent shall not be required.

IV. Nations shall have the right to require whatever form
of "Family planning" counselling deemed neccessary
before the client(s) make their decision.

A)This counselling may include all applicable parties
including (sic.) the woman's legal spouse and in
the case of minors, their legal guardian(s).
B)Article IV-A shall never allow the inclusion of aforementioned
parties, wherein they are the perpetrator(s), in the case of rape
and/or incest.

V. Any nation exercising rights within Articles III and IV, wherein
the other required party does not consent, shall make the raising
and support of the child legally binding upon the said non-consenting
party.

A)Any failure by the non-consenting party to live up to their legal
obligations under this article shall be punishable under any
applicable law(s) of said nation.
B)If, under Article III-A,B and/or IV-A, additional consent is required,
and the other required party refuses to attend, they shall be automatically
considered consenting.
C)If, in the case of the client using any decieving means to prevent the
applicable additional party under Article III-A,B and/or IV-A from attending,
preventing their consent, the said client shall be held accountable in the
violation of any applicable law(s) of said nations.
D)For the purpose of enforcement under this article, institutions must
provide to the proper law-enforcement officials:
1)Certified contact information of the party/parties. Including:
a)Certified copies of letters.
b)Certificates of receipt.
c)Telephone recordings.
2)Either the original, or certified copies as such, of all applicable
consent forms.
E)Women shall have the right to request the paternal father of the fetus, and/or
his spouse be notified of the abortion.
1)For this provision to be operated, paternity tests must be conducted to
determine the paternal father.

VI. Definition of terms:
A) The term minor is defined under the applicable law(s) of each nation.
B) Refusal shall mean, any blatant refusal, where a party, in legally proven knowledge of their
duties, intentionally does not perform them.
C) Prevent shall mean, any legally proven action to deceive another from knowing or carrying
out a task or duty.
D) Consent is defined as, any physical document, providing the rights of another party to perform
an action, bearing the signature of the person who is allowing those actions.
E) Parties are defined as any person, group, or government, who are a signiary of the contract
or release.

VII. Any other regulation on abortion outside the scope of this Resolution shall be considered
interference, and stand in violation of the "Abortion Rights" Resolution.



http://www.nationstates.net/images/flags/uploads/tekania.jpg

"Qui Desiderant Pacem Preparate Bellum"
("Those who desire peace, prepare for war.")

Should "regulational" be "regulatory"?

I think its a pretty good idea! I persoanly don't like the fact that people think its there bussines to harrass and discriminate women who are geting abortions!

If your getting an abortion it should be your choice and not anyone elses!

You have my vote!

All and all, I think it's not too bad. Pretty thorough.
Unfortunately, it looks like the current resolution is going to pass.
If this proposal can proceed, I could probably support it.

Maybe if my fellow delegates learned of the grusome terror that goes on in an abortion would they vote against this radical resolution. Babies sucked out with powerful vacuums, that sucks. . .

[OOC:was accidently posted to the wrong thread:::deleted]

To all the people who object on moral grounds to this draft:

Please realise that the United Nations HAS ALREADY LEGALISED ABORTION.

The last resolution to pass legalised abortion. Only problem was - it was a crap resolution.

This resolution is designed to expand upon the legislation - all it does is put details on the legalisation - details, I might add, which give nations MORE freedom to control and/or restrict abortion.

If you have a moral objection - you are too late. Give it up, or quit the UN. Don't hold me responsible - I didn't want the Abortion Rights Act to pass, and I don't think Tekania did either.



PS. OOC - Urhhh..Tekania, you got me confused...an accidental Ctrl-C perhaps?

Quick, Tekania, submit it! :D Looks beauuuutifuuuuuul!

[ooc]Good question, That was one I had written for another forum, I musta screwed up and posted in the wrong one.... I have a tendency to write out my responses in a text editor and cut and paste them in here, seems to decrease the chance of bumps.... I'll delete it.