NationStates Jolt Archive

[EDIT FOR NEW READERS:

The latest version of this proposal can be found at Post #7 (http://forums.jolt.co.uk/showpost.php?p=13579430&postcount=7) in this thread.]

Madam Secretary-General, or however we are supposed to address you, I rise to suggest a resubmission of the Child Protection Act, with some modifications (printed in italic). I have struck the preamble from the original.

The Child Protection Act

Category: Human Rights
Strength: Significant

Recalling approvingly resolutions #22 and #25 of the United Nations, submitted by Goobergunchia and Stephistan respectively, the World Assembly enacts the following:

ARTICLE 1

For the purposes of the present resolution, a minor means every human being below the age of eighteen years unless, under the law applicable to the minor, majority is attained earlier. A minor also refers to other sentient life forms that are too young to effectively care for themselves.

ARTICLE 2

1. Nations shall take all appropriate legislative, administrative, social and educational measures to protect the minor from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s), or any other person(s).

2. Nations shall respect and ensure the rights set forth in the present resolution to each minor within their jurisdiction without discrimination of any kind, irrespective of the minor's or his or her parent's or legal guardian's race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

3. Nations shall take all appropriate measures to ensure that the minor is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the minor's parents, legal guardians, or family members.

ARTICLE 3

1. In all actions concerning minors, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the minor shall be a primary consideration.

2. Nations undertake to ensure the minor such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

3. Nations shall ensure that the institutions, services and facilities responsible for the care or protection of minors shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

ARTICLE 4

Nothing in the present resolution shall affect any provisions which are more conducive to the realization of the rights of the minor and which may be contained in: (a) The law of a State Party; or (b) International law in force for that State.

[Lord] Michael Evif
Goobergunchian UN Ambassador

Unless you have the permission of the original author, I think you're better off writing an entirely new resolution. The purpose of the WA is a new start, not the opportunity to copy and paste everything from the old UN.

First of all, we feel that a new start for <coughs> this formerly august body is completely unnecessary. The glorious traditions of the United Nations have no need of rejection.

Second, the Child Protection Act was originally enacted as a response to our Outlaw Pedophilia resolution. While our resolution was quite narrow in scope, the Child Protection Act provided a more broad-based way to accomplish similar goals. We would be fine with simply resubmitting Outlaw Pedophilia, but we feel that the United Nations - or rather, the World Assembly - would appreciate a more wide-ranging resolution. If general sentiment from this body suggests otherwise, of course, the appropriate action can be taken.

[Lord] Michael Evif
Goobergunchian UN Ambassador

I understand; my point was, if you want to pass a comprehensive resolution for child protection, write your own. Plagiarizing Stephistan, I don't think, is going to be a viable option. And while I agree with you that we don't need to negate all passed UN resolutions, it's apparently been determined to be the starting point for this new organization, so we just have to live with it.

[OOC: Yeah, that's a fair point. I might throw something a bit more original together after afternoon classes.]

While you're thinking about it, Article 1 sucks. Either the off-hand definition of minor for non-humans is good enough for humans too, or it needs toughening up. Either way, having both definitions is a bad idea, and it could be argued causes some internal consistency problems with Article 2's insistence on non-discrimination.

--
Cerys Coch, Permanant Undersecretary

Redrafted for originality, and also to narrow the scope a bit. I have never been a fan of all-encompassing resolutions that seek to do everything.

Child Protection Act II

Category: Human Rights
Strength: Significant

The World Assembly,

RECALLING APPROVINGLY resolutions #22 and #25 of the United Nations;

DEFINES, for the purposes of this resolution, a minor as a member of a species eligible for citizenship that is too young to effectively care for themselves;

REQUIRES nations to take all appropriate actions to protect minors from abuse, exploitation, injury through neglect, and violence, whether physical or mental;

EXPRESSLY PROHIBITS the sexual molestation of a pre-pubescent minor;

DEMANDS that minors be shielded from any ill-effects caused by actions taken, whether by governments or private sources, against their parents or caretakers;

ENSURES that in all legal considerations pertaining to minors, the best interest of the minor shall be a primary consideration, and

UPHOLDS the right of individual member nations to pass more comprehensive legislation defending minors than can be found in this resolution.

[Lord] Michael Evif
Goobergunchia UN Ambassador

RECALLING APPROVINGLY resolutions #22 and #25 of the United Nations;Should probably be excised.

Besides that first part that The Most Glorious Hack already pointed out, Fotar believes this is a very well written proposal and plans to fully support it.

_________________
Fotar,
~King of the Narnian Kingdom of Fotar
~Vice-Chancellor of the Council of Narnia (http://www.nationstates.net/10639/page=display_region/region=the_council_of_narnia)

Perhaps some justification could be offered as to why children are so much more deserving of legislative attention than adults. The absence of such will not necessarily induce us to oppose this proposal, but the admittedly nebulous 'provisions' of this could - and perhaps should - easily be applied to adults as well.

-- Samantha Benson,
Congressional Liaison, Department of Confusion & Uncertainty
Quintessence of Dust, Delegate of Wysteria

So it's OK not to protect children of species not eligible for citizenship? Like, say, most species weren't elegible in Vahla Hanesh? Can't say as I like that definition either.

--
Cerys Coch, Permanent Undersecretary

We're infinitely thankful that as The Child Protection Act will make its transition from the UN to the WA - non humans will be protected too. Even if you're still working on the proper definition. We raised this concern some time ago in a few separate meetings, and are grateful for having been listened to.

This will have my support.

________________

CoN Lord Chancellor
Delegate of The Council of Narnia

1. Nations shall take all appropriate legislative, administrative, social and educational measures to protect the minor from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s), or any other person(s).
The Dominion disapproves of the blanket statement "to protect the minor from all forms of physical...violence." What of corporeal punishment by parents? What of delinquents?

3. Nations shall take all appropriate measures to ensure that the minor is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the minor's parents, legal guardians, or family members.
Once again, there exists a blanket statement in your point: "protected against all forms of...punishment on the basis of...activities." And what of illegal activities? Punishment--of which kind? Would a time-out be considered a punishment? If not, what is?

3. Nations shall ensure that the institutions, services and facilities responsible for the care or protection of minors shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
This clause seems unnecessary. It essentially states that nations must enforce their laws.

At this time, the Dominion shall not support this proposal. Blanket statements that tie a government's hands are not at all supported by the Dominion. Most irritating is the clause that shields minors from "all forms of punishment"--an obvious fallacy, despite the (very loose) restrictions.


Respectfully,
The Dominion