NationStates Jolt Archive

"Abortion Regulational Rights Of U.N. Members.

!DRAFT!

Catagory:<pending> Strength:<pending> Submitted by:<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 12th 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."



Give us your opinions

Sincerely yours

Marc Smith, president of Kybernetia

Well, seeing as how I wrote 90% of it... I guess I should vote yes......

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

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

Of course, with modification to take in account your minor modification as well as other errors corrected... the present version is...
______

Abortion Regulational Rights Of U.N. Members.

!DRAFT!

Catagory:<pending Strength:<pending> Submitted by:<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 12th 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 person'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.")

@Tekania,

we don´t have the intention of "stealing" your proposal. We want to push you to push it forward and submit it. We would however like to see the change that countries are allowed to ban abortions after the first three months. Since there were cases when children were born after six months or even less and survived some countries may see the period of six months for abortion as too long, also give the fact that the child has developed pretty far up until the sixth month.
Countries should be free to allow it longer, but no one should be forced to do so.

Sincerely yours

Marc Smith, president of Kybernetia

On purely practical terms, I believe this would have much more support if it went for the six-month limit.

@Rehochipe

"On purely practical terms, I believe this would have much more support if it went for the six-month limit."
Why??? Nations have the right to allough it longer. However many nations have moral objetions to that. Also in the real world many nations restrict it to three months.
After all: the current resolution doesn´t specify anything. Given that fact that could mean that a nation may chose to ban abortions after one week or even less. This resolution assures woman of the right to have an abortion in the first three months. It is in that way strengthening that right. However to demand nations to allow it longer is in our view inappropiate and unnecessary. Even many nations in the real world chose to restrict abortions to the first three months only.

Sincerely yours

Marc Smith, president of Kybernetia

I am against to consent idea,as it makes women second-classcitizen, PLUS:

A very high percentage of abortions are due to rape and incest. Why should a woman who was raped have to get her rapist's permission to abort the child? Similarly,if a minor is forced to have relations with her father or brother (or any male relative too closely related) why should they force her to have the chils?

Surely this will count as a repeal of/amendment to the previous resolution, which is against UN rules?

I'm all for the consent rule! This makes both parties responsible! If you take it out, I will vote against this resolution just like I voted against the other one! If you leave the consent in the resolution however, I will vote for it though i'm 100% against Abortion!

Side note! I am not implementing the previous resolution on abortion! It violates the constitution of my country

Sincerely,

President Server
Armed Galatic Empire of Corneliu

I think it's more tightening up and defining as it doesn’t do anything new. However I would get a mod's opinion before you submit it.

Desdemona,
UN representative,
The Black New World
Do you know what ‘gay science’ is?
Meet The Reps (http://www.nationstates.net/forum/viewtopic.php?t=132588)

Why should a woman who was raped have to get her rapist's permission to abort the child? Similarly,if a minor is forced to have relations with her father or brother (or any male relative too closely related) why should they force her to have the chils?

If you read the proposal you'll see that this consent only applies to partners. Note that whether or not to actually employ these permissions to legislate is in the hands of individual nations.

@TBlack

"I think it's more tightening up and defining as it doesn’t do anything new. However I would get a mod's opinion before you submit it."

It is not tightining it up: It gives nations the right to tight it up if they wish to and to those who don´t wish to: the can remain the way they are.
We, for example are not going to tightening up our legislation. We allow it in the first three months after counselling. Minors need the consent of the parents or (if not available) the juvenile care administration.
This resolution gives countries more freedom to regulate things as the see it and is going to bridge and tries to heal heal wounds which were caused by passing the previous resolution allowing abortion without any restrictions.

Sincerely yours

Marc Smith, president of Kybernetia

It is not tightining it up: It gives nations the right to tight it up if they wish to and to those who don´t wish to
I'm sorry that's what I was trying to say, I'm just not very clear at the moment. To many little dots.

Desdemona,
UN representative,
The Black New World
Do you know what ‘gay science’ is?
Meet The Reps (http://www.nationstates.net/forum/viewtopic.php?t=132588)

Surely this will count as a repeal of/amendment to the previous resolution, which is against UN rules?

Surely not.

There are many UN bills on the books that deal with similar or related subject matter. Look at all the free trade bills, or environmental bills dealing with oil spill control.

This deals with areas of law not covered by the previous (one sentence) resolution. Which is to say, it deals with some actual substance. It says nothing about repealing anything contained in the previous resolution.

We support it.

Cordially,
Richard Held
Secretary of Homeland Counter-Insurgency
The United States of America the American
Mighty Capitalist Superpower™

repost

Look the passed resolutions, there are plenty that simply 'tighten up' the language of a previous one. I have only skimmed through this one so can't comment on the language, but I think that if the author understands the Abortion Rights resolution fully and words his proposal carefully enough there should be no trouble.

I'll support this proposal btw.

Much better than the nonsense that has just passed.

I sincerely hope that as the recently passed resolution is so vaguely worded (taken literally it allows on demand abortion into the 39 week) that this attempt to define the resolution will not be debarred.

You might as well know you're about 1000+ characters over the 3500 character limit imposed by the proposal system. If you're going to submit this as a proposal, it's going to need some serious hack/slashing and word economy if you intend to bang that square peg into the round hole of the game's mechanics.

We think the resolution deserves support. The abortion resolution has devided the UN members and also the people within the UN member countries. Although we have voted for the Abortion rights resoltuion we support this proposal since it gives back more freedom back to the countries to regulate this issue.
That may help to bridge the difference which have accured and may lead to a return of countries who left the UN because of the Abortion rights resolution.

Sincerely yours

Marc Smith, president of Kybernetia, regional delgeate of Futura

Is that characters including spaces, or characters not including spaces?

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

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

It all fits in the box. Have you got a mods go ahead with this?

Desdemona,
UN representative,
The Black New World
Do you know what ‘gay science’ is?
Meet The Reps (http://www.nationstates.net/forum/viewtopic.php?t=132588)

I attempted to cut back as much as I could, it's ~3700 characters......


Abortion Regulational Rights Of U.N. Members.

Category:<pending> Strength:<pending> Submitted by:<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 12th week of pregnancy.
A) This article shall not be used to construe the right to restrict abortions for medical reasons where either the life of the mother or child is in question.
B) Consent under this article may, in addition to the woman, include:
1) For minors: The legal guardian(s).
2) Marriages: the person's legal spouse.
C) In situations where the woman is unable to provide consent, it shall be obtained:
1) The woman's legal spouse.
2) The woman's closest living relative.
3) After Article's I-C-1,2 are exhausted the presiding physician.


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 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 aforementioned institution refuses treatment they must provide 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) 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 counseling deemed necessary before the client(s) make their decision.

A) This counseling may include all applicable parties including 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, they shall be automatically considered consenting.
C) If, in the case of the client using any deceiving means to prevent the applicable additional party under Article III-A,B and/or IV-A from providing 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 parties. Including:
a) Certified copies of letters.
b) Certificates of receipt.
c) Telephone recordings.
2) Either the original, or certified copies any 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 signer 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.")

You might as well know you're about 1000+ characters over the 3500 character limit imposed by the proposal system. If you're going to submit this as a proposal, it's going to need some serious hack/slashing and word economy if you intend to bang that square peg into the round hole of the game's mechanics.

I don't see how it would be a pegging problem of game mechanics, amendments are not allowed, but adendums are (since every single resolution since the "Right and Duties of U.N. Nations" would be considered an adendum of that resolution. And the present resolution ENPA would be an adendum of the very first resolution.

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

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

You might as well know you're about 1000+ characters over the 3500 character limit imposed by the proposal system. If you're going to submit this as a proposal, it's going to need some serious hack/slashing and word economy if you intend to bang that square peg into the round hole of the game's mechanics.

I don't see how it would be a pegging problem of game mechanics, amendments are not allowed, but adendums are (since every single resolution since the "Right and Duties of U.N. Nations" would be considered an adendum of that resolution. And the present resolution ENPA would be an adendum of the very first resolution.

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

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

I was speaking of the game's 3500 character limit (and that's including spaces).

Is there even an international justification for this topic at all? My nation fails to see one, nor does my nation see the international community coming to agreement on what is a religious based arguement.

With that in mind, similar to other recent stances my nation has taken, any nation attempting to propose something that clearly has no international standing will be treated as a hostile nation by my government, meaning said nation will lose any trade benefits.

Though if enough nations continue to abuse the UN, this will hurt my nation's economy as well, my nation fortunately has plenty of non-UN nations who support it.

It is a shame though ... nations really should realize that there is a huge difference between a domestic issue (which belong in the "Got Issues" forum) and an international one.

10kMichael

I have an idea to add to the amendment. Why don't we have to have concent from the mother, father and the baby before an abortion?
-Bahamut

Why don't we have to have concent from the mother, father and the baby before an abortion?
-Bahamut

So to get the child's opinion we can listen to the heart ...

thump thump spat = yes
thump spat thump spat = no

Or shall we employ telepaths to aid in communicating with the unborn?

My nation has a better idea:
Leave domestic issues outside of the UN.

10kMichael

I'm sorry, but this is an amendment to a previous passed resolution and thus, is illegal according to the rules stated here (http://www.nationstates.net/forum/viewtopic.php?t=77286):

7. Repeals and Amendments
This is mentioned in the Game Mechanics section, but since people keep doing it I'm making it more emphasised - you may NOT submit proposals that seek to repeal or amend earlier resolutions.

<--- not a mod.

I'm sorry, but this is an amendment to a previous passed resolution and thus, is illegal according to the rules stated here (http://www.nationstates.net/forum/viewtopic.php?t=77286):

7. Repeals and Amendments
This is mentioned in the Game Mechanics section, but since people keep doing it I'm making it more emphasised - you may NOT submit proposals that seek to repeal or amend earlier resolutions.

<--- not a mod.

KNS OFFICIALLY ANNOUNCES --> ANY TERM ABORTIONS FOR FREE. <--
YOU MAKE, WE'LL BAKE'EM! THE WORLD NEEDS LESS PEOPLE! (EXCEPT THOS LIKE KNS'rs, OF COURSE). :twisted:

Won't pass, violates rule.

If some one asks, I will paste up one of my massive posts taking each clause into consideration. Other-wise, put simply, it will not pass. In fact, its interesting to note its simplicity ( the original Abortion Rights ) is on par with the Gay Rights bill, where it is virtually impossible to alter because of said simplicity. Bless.

:wink:

- T.R. Kom
Le Représentant de Komokom.
Ministre Régional de Substance.
http://www.nationstates.net/images/flags/uploads/komokom.jpg (http://www.nationstates.net/cgi-bin/index.cgi/target=display_nation/nation=komokom)
<- Not A Moderator, Just A Know It All.
" Clowns To The Left of Me ... Jokers To The Right, Here I am ... "

I didnt read the discussions for the previous abortion thread, so i dont know if this point has come up, BUT,

I would have thought that since theres a rule that you cannont make a resolution suggesting furthering human rights which involves killing humans, then the previous resolution would be illigal anyway, since its so vague it could mean an abortion at nine months, which i think most people, regardless of religion etc, would regard as murder.

In this case, i think it has to be ok to update it to make it a resolution which fits the UN rules.