I know i may not be on everyones "oh great i love them" list right now, and Mongkha's taking a lot of flack for supporting the sexual privacy bill, but i was wondering if i could be so bold as to introduce a new form of the Discrimination Accord? I would like to include much of it and if its original authors are still around i would credit them.

I would like to remove the clause which allows states to weasel out of their commitments if they're sly enough to fabricate a convincing "national security" situation, and include some mention of nomadism in some form ( if possible )

I know many will say i shouldn't have supported the FOMA or the SPA but certainly in the former case i believed that decriminalisation was necessary before non-discrimination could be achieved.


Anyway just putting it out there. Any thoughts ?

U.

Should of thought about that before mate!

I'm not even certian that you could make a suitable anti-decrimitantion bill now. These two laws might act as blockers, and possibly need repealed for a comprehensive Rights bill.

Maybe your right, but i think the SPA only prohibits national legislation on sexual minorities, i think the w.a. is still able to legislate if it wishes. I'm not going to make any bones about marriages in the resolution and i don't think FoMa will have much effect really.

But if a repeal is necessary i'm open to advice as to why. :unsure:

Repeal is not needed.

A WA Civil Rights Act was a vague ambition of mine when I was still SchutteGod, so I would support this idea. I might even abstain from voting, if the final product was drafted satisfactorily. Like I told you before, you can use Resolution #230, which I wrote, for reference.

I would note for the record, however, that the national security clause in #99 is not just some weaselly loophole for dictators to get out of enforcing the resolution. It is actually a very important provision for nations to assure their security during periods of national crisis: for example, during WWII, when the Supreme Court upheld the detention of Japanese Americans, because of the significant threat of espionage and sabotage arising from that population. The language of #99 insures that nations may only suspend freedoms for a temporary time period and only in times of severe crisis, and must restore them completely once the state of crisis is lifted.

The problem with #99 is that it only mandated nondiscrimination by the government, necessitating #230, which mandated nondiscrimination in the private sector as well.

Internment was a common policy during the second world war among the allies, and i see the use of allowing internemnt in some rare cases, but i'm not sure the national security clause in #99 is capable of preventing nations from fabricating national crises indefinitely to avoid having to implement non-discrimination.

The "War on Terror" is a good example, its temporary but indefinite and has been used to suspend certain civil freedoms.

But if that clause can be rewritten to make it more definite i will try.

I wouldn't support a proposal whose national security clause would allow things such as Japanese internment. That was a stain on the history of North America.

But on-topic, this is a good idea. It'd be nice to see the public discrimination elements of Res #99 combined with the private discrimination elements of #230. What I would avoid doing is saying "discrimination cannot be made on account of sex, religion, race..." because you'll inevitably leave some out.

This is where the first draft was, it aint no more. See below for the new draft. ;)

I suppose i have included the list you suggested was a bad idea, but i've made them "grounds including" leaving the way open for other grounds to be added should members wish. I hope that works if not please let me know how i may alternatively deal with this.

U.

Well i've put this to drafting at the w.a. if anyone is interested I'd be glad of your advice.


U.

So on the advice of OMGTKK here is my new version of this resolution-


Hailing the work in futherance of personal freedom already achieved by the w.a. and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of w.a. member states are equal in status in law and under its actions, and have the right to equal treatment and protection by their nation of residence.

b ) All inhabitants of w.a. member states are entitled to rights secured to them in international law and the law of their country of residence.

c ) All inhabitants of w.a. member states have the right not to be discriminated against on grounds including gender, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or gender alignment.

Further to these provisions member states are enjoined to fight ignorance and prejudice, and create or allow large-scale education programs in ethnic, racial, and cultural diversity.

Also member states must work towards eliminating “hate crimes”, or violent, malicious crimes spurned on by a lack of tolerance of cultural, ethnic, racial, or other differences.

However the w.a. recognizes the need, periodically for member states to differentiate their treatment of their inhabitants during extreme security risks or other especial events or conditions, and allows for member governments to differentiate treatment to a reasonable degree (as can be justified by the risk), provided the treatment of all returns to an equal state once the risk or state of extreme condition has passed.

Article 2.

a ) Unfair and unreasonable discrimination on previously stated grounds in employment, housing, education or access to services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on previously stated grounds shall be a civil cause and criminal offense in all member states;

c ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse already enacted by member states.


Article 3.

a ) The W.A. recommends to its members that for the purpose of promoting equality of individuals and groups among their inhabitants they create an Equality Authority, with the power to consult and cooperate with member states on programs to prevent unfair discrimination. And which will assist them in formulating legislation which is non-discriminatory in nature.

b ) Within these Equality Authorities the W.A. further recommends the creation of an Equality Ombudsman which will hear appeals on matters of unfair discrimination and inequality brought by individuals and groups against governments and private organisations. Upon entering into the arbitration of this Ombudsman parties to it thereby accept that this arbitration shall be binding and final upon them.


This isn't a complete excision ( sorry OMGTKK, maybe i will ditch it completely but i wanted to give this article one last try ) and i know it's recommended and not completely mandatory inspite of my dislike of such things but....





any thoughts?

Nix Article 3 - creating a WA commission for this is just excessive and AUC. I might have other comments later, but for now it's looking a lot better.

Edit: As for the title, I think Civil Rights Act would work perfectly. It's the title I would have used had I not picked the unnecessarily fluffy and unwittingly derivative "Fairness and Equality Act," and reminiscent of the groundbreaking U.S. Civil Rights Act of 1964.

Thanks, i guess the advice of him indoors ( being as he is an international and human rights lawyer) on the commission is a bit too real for N.S. it was fun outlining it though.

I like the simplicity i've managed to introduce in to article 1 but i'm willing to add to it where it seems vital.

Gobbannium has questioned the use of "unfairly" discriminated against, i'm torn on leaving "unfairly" out, and whether or not to replace it or just not have a modifying word/s before any use of discrimination.


P.S. what does AUC mean?

U.

"Another Useless Committee."

I'd advise you to leave the "unfairly" in, otherwise any discrimination could be considered unlawful, even excluding men from women's colleges, or boys from girls' dormitories.

So futher to Kenny's advice here's the laest draft minus article 3-





Hailing the work in furtherance of personal freedom already achieved by the w.a. and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of w.a. member states are equal in status in law and under its actions, and have the right to equal treatment and protection by their nation of residence.

b ) All inhabitants of w.a. member states are entitled to rights secured to them in international law and the law of their country of residence.

c ) All inhabitants of w.a. member states have the right not to be discriminated against on grounds including gender, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or gender alignment, except for compelling practical purposes or where the emotional or physical well-being of others is concerned.

Further to these provisions member states are enjoined to fight ignorance and prejudice, and create or allow large-scale education programs in ethnic, racial, and cultural diversity.

Also member states must work towards eliminating “hate crimes”, or violent, malicious crimes spurned on by a lack of tolerance of cultural, ethnic, racial, or other differences.

However the w.a. recognizes the need, periodically for member states to differentiate their treatment of their inhabitants during extreme security risks or other especial events or conditions, and allows for member governments to differentiate treatment to a reasonable degree (as can be justified by the risk), provided the treatment of all returns to an equal state once the risk or state of extreme condition has passed.

Article 2.

a ) Unfair and unreasonable discrimination on previously stated grounds in employment, housing, education or access to services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on previously stated grounds shall be a civil cause and criminal offense in all member states;

c ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse already enacted by member states.

So this is the current draft does anyone have any other suggestions ?


An Anti-discrimination Resolution

--------------------------------------------------------------------------------

Hailing the work in furtherance of personal freedom already achieved by the World Assembly and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires W.A. member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of member states are equal in status in law and under its actions, and have the right to equal treatment and protection by their nation of residence.

b ) All inhabitants of member states are entitled to rights secured to them in international law and the in law of their country of residence.

c ) All inhabitants of member states have the right not to be and indeed must not be discriminated against on grounds including gender, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or sexual identity, or any other arbitrarily assigned and reductive categorisation which may be used for the purposes of discrimination, except for compelling practical purposes .

d ) Member states are enjoined to counteract ignorance and prejudice, and create or allow large-scale education programs in ethnic, racial, and cultural diversity.

e ) The application of both emergency legal measures and Martial law during periods of national crisis must also respect the provisions of this resolution.


Article 2.

a ) Unfair and unreasonable discrimination, on the grounds outlined in clause c) of article 1 of this resolution, in private employment, housing, education or access to, employment benefits, compensations and services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on the grounds outlined in clause c) of article 1 of this resolution shall be a civil cause and criminal offense in all member states.

c ) Member states must actively work towards eliminating criminal offences motivated by personal prejudice and/or discriminatory philosophies.

d ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse already enacted by member states.

I think you mean "in the law," unless you're talking about in-laws, in which case, I have about a dozen terrible jokes for you.

OK, so you're "enjoining" (or "requiring") member states to "create or allow" these programs -- in other words, "you're required to create them, but, eh, if you don't feel like it, just sit back and do nothing, but if anyone asks, of course it's 'allowed'!"

I'd change it completely to "are enjoined to counteract ignorance and prejudice, and urged to support educational programs in ethnic, racial, and cultural diversity." Why they especially have to be "large-scale programs," I do not know.

It appears I goofed when I tried to suggest a fix of the language here. It should read, "education, employment benefits or compensation, or access to services provided to the general public."

Sorry about that.

Um, replace with "hatred based on cultural differences," or "xenophobia," something.

agreed about the rest of the wording but surely the educational programs have to be national in nature or else the clause is saying " we think it would be good if you supported someone putting leaflets up somewhere", no?

Latest draft with changes.

Hailing the work in furtherance of personal freedom already achieved by the World Assembly and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires W.A. member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of member states are equal in status in law and under its actions, and have the right to equal treatment and protection by their nation of residence.

b ) All inhabitants of member states are entitled to rights secured to them in international law and in the law of their country of residence.

c ) All inhabitants of member states have the right not to be and indeed must not be discriminated against on grounds including gender, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or sexual identity, or any other arbitrarily assigned and reductive categorisation which may be used for the purposes of discrimination, except for compelling practical purposes .

d ) Member states are enjoined to counteract ignorance and prejudice, and are urged to create or support education programs in ethnic, racial, and cultural diversity.

e ) The application of both emergency legal measures and Martial law during periods of national crisis must also respect the provisions of this resolution.


Article 2.

a ) Unfair and unreasonable discrimination, on the grounds outlined in clause c) of article 1 of this resolution, in private employment, housing, education, employment benefits, compensations and access to services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on the grounds outlined in clause c) of article 1 of this resolution shall be a civil cause and criminal offense in all member states.

c ) Member states must actively work towards eliminating criminal offences motivated by personal prejudices be they of an entirely subjective nature or a more widely accepted conception.

d ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse already enacted by member states.

That sounds like you're trying to get the laws removed, rather than trying to stop the offences themselves. How about "Member states must actively work towards eliminating incidents of criminal offenses motivated by..."?

Thanks Gobby, I made the change in the w.a. version will post it here soon. :)

Actually make it "eliminating criminal incidents" for simplicity.

Also, "personal prejudices be they of an entirely subjective nature or a more widely accepted conception" is quite a mouthful. Would "hatred or prejudice based on cultural or societal differences" work?

yes to both will go make the changes now, thanks

Can you change "gender" to "sex"? They are distinct - objects in linguistics have genders, people have sexes. Currently it just prevents you from discriminating against ships as opposed to chairs as the are "she" whereas the latter are "it".
Unless you want to have a very odd loophole!

:P

And I knew that too, D'oh! don't know how that still made it into this draft, sorry change definitely made, thanks.

Latest draft, anymore tips ?





Hailing the work in furtherance of personal freedom already achieved by the World Assembly and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires W.A. member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of member states are equal in status in law and under its actions, and have the right to equal treatment and protection by their nation of residence.

b ) All inhabitants of member states are entitled to rights secured to them in international law and in the law of their country of residence.

c ) All inhabitants of member states have the right not to be and indeed must not be discriminated against on grounds including sex, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or sexual identity, or any other arbitrarily assigned and reductive categorisation which may be used for the purposes of discrimination, except for compelling practical purposes .

d ) Member states are enjoined to counteract ignorance and prejudice, and are urged to create or support education programs in ethnic, racial, and cultural diversity.

e ) The application of both emergency legal measures and Martial law during periods of national crisis must also respect the provisions of this resolution.


Article 2.

a ) Unfair and unreasonable discrimination, on the grounds outlined in clause c) of article 1 of this resolution, in private employment, housing, education, employment benefits, compensations and access to services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on the grounds outlined in clause c) of article 1 of this resolution shall be a civil cause and criminal offense in all member states.

c ) Member states must actively work towards eliminating criminal incidents motivated by hatred or prejudice based on cultural or societal differences.

d ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse already enacted by member states.

I was thinking of submitting this and actually TGing for it soon, mostly because of a load of crappy equality pieces being drafted by others. Does anyone think this could be improved further before submission ? Is it actually ready for submission?

Hailing the work in furtherance of personal freedom already achieved by the World Assembly and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires W.A. member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of member states are equal in status in law and under its actions, and have the right to equal treatment and protection by the nation they inhabit or in which they are present.

b ) All inhabitants of member states are entitled to rights secured to them in international law and the law of the nation they inhabit or in which they are present.

c ) All inhabitants of member states have the right not to be and indeed must not be discriminated against on grounds including sex, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or sexual identity, or any other arbitrarily assigned and reductive categorisation which may be used for the purposes of discrimination, except for compelling practical purposes .

d ) Member states are enjoined to counteract ignorance and prejudice, and are urged to create or support education programs in ethnic, racial, and cultural diversity.

e ) The application of both emergency legal measures and Martial law during periods of national crisis must also respect the provisions of this resolution.


Article 2.

a ) Unfair and unreasonable discrimination, on the grounds outlined in clause c) of article 1 of this resolution, in private employment, housing, education, employment benefits, compensations and access to services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on the grounds outlined in clause c) of article 1 of this resolution shall be a civil cause and criminal offense in all member states.

c ) Member states must actively work towards eliminating criminal incidents motivated by hatred or prejudice based on cultural or societal differences.

d ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse already enacted by member states.

--------------------------------------------------------------------------------




Latest version. Comment ?

It looks pretty good. If you need help telegramming, let me know.

As for title, were you going to submit this as "Civil Rights Act" or did you have something else in mind?

Don't know what I'll call it yet, thanks for the offer of help Kenny I'll tap you up when the time comes, which I think will be before the weekend :)


New Illuve has jumped in with a load of new ( and quite interesting ) concerns and suggestions about the phrase "compelling practical purposes " which I'm going to have a think about before submitting.

The problem is the character limit, allowing for discrimination where it is absolutely necessary without getting into long winded lists of exceptions ( which is what New Illuve has essentially suggested ) without running too long. However N I has offered the kernels of some good wording of a possible sentence or two which might just clear the matter up.

I have my thinking cap on. :blink:

n/m

For me, the wording is fine. At some point, you have to accept that lawyers can haggle anything to death. This is the World Assembly, not the Istanbul bazaar. Thus, I don't think you should delineate 'compelling practical purposes'. However, if you have room you could provide a couple of examples: while these would in no way act as a definition, they would give a general guidance as to the intent of the law.

My only other comment would be that, personally, I always prefer 'shall' to 'must'. In the interests of consistency, you could change the word in 2 c.

That's kind of what I thought. I feel the argument i'll use to justify "compelling practical purposes" will be that if it is misused w.a. inhabitants will have the oportunity to use the provisions of this resolution in court to seek redress.

I really do feel like this drafting process has been long enough to allow for all reasonable inclusions and adaptations. So I'm anxious to submit it and be done.


I'll make the changes now.


Thanks Gruenberg.

Here's the (hopefully) final draft any last minute tweaks?


Hailing the work in furtherance of personal freedom already achieved by the World Assembly and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires W.A. member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of member states are equal in status in law and under its actions, and have the right to equal treatment and protection by the nation they inhabit or in which they are present.

b ) All inhabitants of member states are entitled to rights secured to them in international law and the law of the nation they inhabit or in which they are present.

c ) All inhabitants of member states have the right not to be and indeed must not be discriminated against on grounds including sex, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or sexual identity, or any other arbitrarily assigned and reductive categorisation which may be used for the purposes of discrimination, except for compelling practical purposes, such as hiring only female staff to work with battered women who have sought refuge from their abusers.

d ) Member states are enjoined to counteract ignorance and prejudice, and are urged to create or support education programs in ethnic, racial, and cultural diversity.

e ) The application of both emergency legal measures and Martial law during periods of national crisis must also respect the provisions of this resolution.


Article 2.

a ) Unfair and unreasonable discrimination, on the grounds outlined in clause c) of article 1 of this resolution, in private employment, housing, education, employment benefits, compensations and access to services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on the grounds outlined in clause c) of article 1 of this resolution shall be a civil cause and criminal offense in all member states.

c ) Member states shall actively work towards eliminating criminal incidents motivated by hatred or prejudice based on cultural or societal differences.

d ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse already enacted by member states.

Formatting: 'female' not 'femle' in 1 c, and you've inserted a space before the full stop, and missed the full stop in the final clause.

Fixed, here and on Jolt.

I was thinking of making this a "Charter" perhaps The Charter of Civil Rights or The Civil Rights Charter or The Equality Charter ?

Good idea or bad idea ?

Not too bad, but I will either abstain or vote against(without malice). I've no problem with it passing, but there has been too many human rights/ democracy resolutions lately. The good but unwholesome senator has a certain reputation to uphold. The ambassadors might start believing that he's becoming softer than a sneakerfull of grits. :)

(I really dont see it having any trouble of passage. But if the vote seems to be close, the good but unwholesome senator might be persuaded to support.....but you better wheel the cash in with wheelbarrows. :P )

Thanks Palentine :P


Trucks full of Darangs ( or any other currency Senator Sulla likes ) will be in readiness.

OK so this is the draft I'm submitting, I'm going to actually TG for it this time so any assistance with that would be most welcome :)

Fingers crossed.







Hailing the work in furtherance of personal freedom already achieved by the World Assembly and,

Recognising this work as the preeminent task of civilisation and,

Seeking to augment this,

The World Assembly,

Requires W.A. member states to fairly and equally enact and enforce the following articles,

Article 1.

a ) All inhabitants of member states are equal in status in law and under its actions, and have the right to equal treatment and protection by the nation they inhabit or in which they are currently present.

b ) All inhabitants of member states are entitled to rights secured to them in international law and the law of the nation they inhabit or in which they are currently present.

c ) All inhabitants of member states have the right not to be and indeed must not be discriminated against on grounds including sex, race, ethnicity, nationality, skin color, language, economic or cultural background, physical or mental disability or condition, religion or belief system, sexual orientation or sexual identity, or any other arbitrarily assigned and reductive categorisation which may be used for the purposes of discrimination, except for compelling practical purposes, such as hiring only female staff to work with battered women who have sought refuge from their abusers.

d ) Member states are enjoined to counteract ignorance and prejudice, and are urged to create or support education programs in ethnic, racial, and cultural diversity.

e ) The application of both emergency legal measures and Martial law during periods of national crisis must also respect the provisions of this resolution.


Article 2.

a ) Unfair and unreasonable discrimination, on the grounds outlined in clause c) of article 1 of this resolution, in private employment, housing, education, employment benefits, compensations and access to services provided to the general public shall be prohibited by all member states.

b ) Unprovoked violence against or intimidation of any person on the grounds outlined in clause c) of article 1 of this resolution shall be a civil cause and criminal offense in all member states.

c ) Member states shall actively work towards eliminating criminal incidents motivated by hatred or prejudice based on cultural or societal differences.

d ) Nothing in this article shall be construed as to deny additional or stronger protections against discrimination and abuse enacted by member states.

--------------------------------------------------------------------------------