NationStates Jolt Archive


DRAFT: Anti-Discrimination

Devreser
27-04-2008, 03:22
I would like to put this up but i have no endorsements. Kindly give me yours if you agree with it.


Category: Human Rights

Strength: significant

UNDERSTANDING that each member of the Assembly extends different rights to its citizens;

BELIEVING, however, that no member of the Assembly should discriminate sections of their own population, in favour of or against, others;

THE World Assembly hereby:

1. GRANTS each and every citizen of a member of the World Assembly such rights as international law and the laws of their nation allow without prejudice, where said prejudice may include and are not limited to: gender, language, race, religion.

2. REPEALS any law, international or national, allowing for the discrimination and unequal treatment, in any member of the World Assembly, of citizens of the same nationality.

3. ESTABLISHES the Anti-Discrimination Committee under the jurisdiction of the World Assembly, whose sole duty is to hear appeals against discriminatory practices in member nations, and to correct abuses when applicable.

4. NOTES that member nations must remain free to follow their individual political systems, and hence exempts political acts from accusations of discrimination.
Fotar
27-04-2008, 15:08
The Narnian Kingdom of Fotar recognizes that discrimination is a problem in many nations, but is very concerned about the infringing of national sovereignty that this proposal includes. We are very wary of overriding nation's Constitutions and striking them illegal. We currently do not support, nor not-support this proposal.
_________________
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)
Quintessence of Dust
27-04-2008, 20:40
First, it might be good to extend this non-discrimination to 'rights afforded by international law' as well.

Second, the Quintessential Constitution gives the right to vote to those over the age of 18. Perhaps certain political rights can be excluded from considerations of discrimination of age?

Third, change 'his/her' to 'their'.

Fourth, not all Nationstates have constitutions.

Excellent idea for a proposal: we hope with some work it can become a good item of international law.

-- Samantha Benson
Devreser
28-04-2008, 01:04
Thanks for your input!

The Narnian Kingdom of Fotar recognizes that discrimination is a problem in many nations, but is very concerned about the infringing of national sovereignty that this proposal includes. We are very wary of overriding nation's Constitutions and striking them illegal.

The proposal infringes upon a nation's Constitution only when that nation has an article of law that specifically allows for discrimination. Hopefully the impact on most nations will be quite mild, but in any case the removal of discriminatory laws is exactly what we want to achieve here.

First, it might be good to extend this non-discrimination to 'rights afforded by international law' as well.

Noted. International law = WA resolutions?

Second, the Quintessential Constitution gives the right to vote to those over the age of 18. Perhaps certain political rights can be excluded from considerations of discrimination of age?

It might be difficult to word without creating loopholes. Maybe we can specify age discrimination to apply only to "adults"?

Fourth, not all Nationstates have constitutions.

I don't know. Then their citizens have every right and hence equal rights?
Fotar
28-04-2008, 02:56
And who is to determine if a law is discriminating? And how far is this governed equality to go?

You include age in your description...does that mean 3-year olds will be able to go to the polls and vote if they so want?

Also enforcement...how will this be enforced?

As this proposal stands, we are strongly opposed to it. And from the sounds of what you want to do, we have a feeling that it will undoubtedly infringe on national sovereignty way way too much to garner our support.
_________________
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)
Devreser
28-04-2008, 08:41
And who is to determine if a law is discriminating?

Good point, i have no good solution. Leaving it to each nation's judiciary would be pointless. I could propose a sub-committee of the World Assembly be set up to hear appeals from all WA nations, but that would go against what i tried to do, to allow individual nations to decide which are the rights they wish to extend equally to all their citizens. It's still the only semi-feasible solution i see.

You include age in your description...does that mean 3-year olds will be able to go to the polls and vote if they so want?

As mentioned age discrimination may have to apply only to "adults".

Also enforcement...how will this be enforced?

Magically, as how most proposals are!
Quintessence of Dust
28-04-2008, 17:01
Noted. International law = WA resolutions?
Yes.
It might be difficult to word without creating loopholes. Maybe we can specify age discrimination to apply only to "adults"?
Or perhaps you can simply exempt political participation. Bear in mind many WA members are not democracies, so banning discrimination in voting does little to help nations where no one can vote.
I don't know. Then their citizens have every right and hence equal rights?
No. My point is, it would be better to refer to 'national laws', because this will include common law countries as well as constitutional states.

-- Samantha Benson
St Edmund
28-04-2008, 18:25
I would like to put this up but i have no endorsements. Kindly give me yours if you agree with it.

OOC: Your nation can only get endorsements from nations that are in the same region.
Devreser
29-04-2008, 02:30
Edited.

4. NOTES that member nations must remain free to follow their individual political systems, and hence exempts political acts from accusations of discrimination.

Can nations argue effectively that they should be allowed their own social systems as well, which favour Capulets over Montagues?
Wierd Anarchists
29-04-2008, 12:10
Yes.

Or perhaps you can simply exempt political participation. Bear in mind many WA members are not democracies, so banning discrimination in voting does little to help nations where no one can vote.

No. My point is, it would be better to refer to 'national laws', because this will include common law countries as well as constitutional states.

-- Samantha Benson

If we exempt political participation, we have the possibility that where in some state it is some kind of democracy, it is possible that the law does not give same political rights to man and women (as it was in a kanton in Schwitzerland where in referenda women had no votes). Ofcourse inside a dictatorship we will not improve the political rights, but that is not the goal of this proposal.

And on age discrimination, you have minirs, adults and pensionates. It is in my country that people above 65 get a state pension, younger people do not get it. Minors have fewer rights in the law, because their parents are adults. Adults are not allowed the the schools for minors. I do not see that as age discrimination. We liked to see this tackled.

For the rest we support it, so being a nation with enough endorsements, we will gladly make it a WA propasal, but maybe someone who is native in English could make it a better proposal.

Suuces,
Cocoamok
Coordinator of The Wierd Anarchists
Devreser
30-04-2008, 02:21
Edited, age removed. (Proposal continues to get diluted!)

If we exempt political participation, we have the possibility that where in some state it is some kind of democracy, it is possible that the law does not give same political rights to man and women (as it was in a kanton in Schwitzerland where in referenda women had no votes). Ofcourse inside a dictatorship we will not improve the political rights, but that is not the goal of this proposal.

I'm afraid we may have no choice but to accept it. There's probably going to be political discrimination in all government systems except maybe the purest form of democracy. In such nations as you describe, change will have to come from within, not without. In my mind exempting the political is an unfortunate but necessary precaution to safeguard each nation's style of government.
Wierd Anarchists
30-04-2008, 10:28
Edited, age removed. (Proposal continues to get diluted!)



I'm afraid we may have no choice but to accept it. There's probably going to be political discrimination in all government systems except maybe the purest form of democracy. In such nations as you describe, change will have to come from within, not without. In my mind exempting the political is an unfortunate but necessary precaution to safeguard each nation's style of government.

Sorry, I do not agree. You are right that change will have to come from within, but those nations are free to leave the WA. If there is a WA resolution accepted, laws will be changed, or a nation has to leave. We are not proposing that elections are held, but propose if there are elections no discrimination on gender and so is allowed.
It is the same when WA abolish slavery, a nation maybe leaves the WA because they want slavery legal.
We want to abolish discrimination in WA nations, so let us propose that including the political one. (So if they have monarchy, male or female must be allowed to rule, in dictotorship vthe same.) But they can have their government style as they like within the accepted WA resolutions.