[GA - AT VOTE] Gender Affirmation Procedures

Nutmeg The Squirrel

Professional Lesbian
-
-
-
-
Pronouns
They/Her/It
TNP Nation
The_Anddoran_Commune
Discord
NutmegTheSquirrel#8941
ga.jpg

Gender Affirmation Procedures
Category: Civil Rights | Strength: Strong
Proposed by: Simone Republic | Onsite Topic

The World Assembly (WA),

Noting related GARs 29, 41, 91, 97, 161, 389, 457, 467, 480, 499, 523, 559, 571, 582 and 659;

Seeking to expand the right to gender affirmation procedures, as well as the responsibilities of Choice Plus in providing care;

The WA enacts as follows:

  1. Definitions.
    • "Conversion therapy" means any procedure intended to alter or reverse anyone's sexual orientation or gender identity.
    • "Entity" means any entity or individual under the jurisdiction of a WA state or the WA.
    • "Hormone therapy" includes any use of hormones, chemicals, drugs, or other substances to help align an individual's physical form with their gender identity.
    • "State" means a WA member state, including its sub-national authorities.
    • "Territory" means any place under the direct jurisdiction of the WA.
    • "Treatment" means a gender affirmation procedure. This term is broadly defined for the benefit of users of such procedures, and includes (as examples) all kinds of surgery, hormone therapy, puberty blockers, and related care such as urological care, psychological care, therapy, and mental support. It also includes any support and care provided under sub-clause (2)(c).
    • References to "the WA" include its committees. Terms in the singular include the plural and vice versa.
  2. Availability. Subject to clause (3):
    • All treatments shall be legal in all states and territories, and be available to all inhabitants therein. All treatment shall be available (i) free at the point of use, (ii) through convenient means, and (iii) subject to relevant health care quality standards.
    • No state or entity may deny or impede anyone from seeking or receiving any treatments anywhere for any reason. This includes denial as penalty for an offence. No state or entity may deny or impede anyone leaving a state for treatment unless they are prohibited from travel by relevant laws. No state or entity may compel or entice anyone to seek or receive any treatment anywhere.
    • No state may permit conversion therapy in that state, nor permit advertising for such therapy in that state. Each state shall provide all support and care at the reasonable request of any inhabitant who has already undergone conversion therapy.
    • If a state's care system operates (partly or fully) through insurers, no insurer may deny claims or coverage for any treatment, or vary any premiums or charges due to the use of any treatment.
    • Anyone who contravenes this clause (2) in a state, territory, or the WA headquarters ("headquarters") commits an offence.
  3. Denials.
    • No state or entity may deny any treatment to anyone except on the grounds of mental competence. Incarceration is not a valid ground to deny treatment. Delays in treatment due to quarantine may only be imposed according to prevailing laws.
    • No state or entity may deny the use of specific forms of treatment, such as certain puberty blockers, to anyone unless that state or entity can demonstrate a legitimate danger to their health. A state or entity is responsible for seeking reasonable alternatives, if available, in case of legitimate dangers such as contraindications.
  4. Choice Plus("CP").
    • If a state is unable to (or CP deems it unable to) adequately provide any treatment for any reason, CP shall provide such treatment at its own facilities located in convenient locations at the said state free-of-charge. CP shall also provide all treatments (as well as abortions) free-of-charge in all territories and the headquarters to anyone who is subject to the jurisdiction of the WA or a state.
    • CP (and each entity) shall keep their records on users in confidence. CP services are subject to relevant quality standards and monitoring by relevant WA committees.
    • CP shall independently assess the competence of anyone seeking treatment at its facilities. For any treatment (as well as abortions) conducted at any facility located in any territory or the headquarters, CP shall disregard chronological age as a factor in such assessment.
    • Each state’s government shall fully indemnify CP for its services in that state. If CP believes that this will afflict genuine hardship, CP may partly or fully waive such payments in favor of other funding sources such as donations.
  5. Interpretation. Each state (or, in a territory or the headquarters, CP) is to enforce and interpret this resolution in good faith and for the benefit of anyone that seeks or receives any treatment.
Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in your vote.

Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

ForAgainstAbstainPresent
61000
 
Last edited by a moderator:
Information For Voters

Overview:
The resolution attempts to further expand healthcare availability and gender affirmation by permitting and allowing all treatment options such as surgery or hormone therapy, setting forth protections against denying treatment, and creating as well as providing “choice plus” services.

Recommendation: While the resolution seems to fight for a noble cause, as it acknowledges, this topic is already covered and expanded on by numerous resolutions, making the provisions largely unnecessary. In addition, the resolution contains multiple flaws, including clause 2b, which is vague to the point of counterproductiveness. Furthermore, the resolution is overall questionable by multiple further metrics and tries to cover both gender affirmation and abortion while adequately legislating on neither.
 
Last edited by a moderator:
For as author. This expands trans rights significantly by requiring the treatment to be provided for free, and, in the case of puberty blockers etc provided on WA territory (defined in the resolution) allows anyone to obtain puberty blockers and hormone therapy based on mental competence, not age. (Obviously I am not saying a 3 -year-old that thinks puberty blockers are candy will get it). It also requires that the WA establishes abortion clinics in its own territories.
 
Why are you throwing abortion into this? I’m sensing some deliberate effort to pull something off here, and I can’t quite figure out what the angle is. This feels kind of Trojan horsey to me and I’m not buying it.

Against
 
Why are you throwing abortion into this? I’m sensing some deliberate effort to pull something off here, and I can’t quite figure out what the angle is. This feels kind of Trojan horsey to me and I’m not buying it.

Against

You are making the exact argument as @Tinhampton did. The main reason is simply because if I am going to stick a clinic for hormone therapy in the World Assembly neutral territory (and for that matter, WA headquarters) to go around GA299 (legal competence) over age, I might as well throw in an abortion clinic as well and use that as a sanctuary as well for teens seeking abortions where their parents won't consent. If I was spending 1,100 characters in a resolution on Choice Plus, adding the words "as well as abortions" is relatively straight-forward and avoids having to do another abortion resolution.
 
Last edited:
You are making the exact argument as @Tinhampton did. The main reason is simply because if I am going to stick a clinic for hormone therapy in the World Assembly neutral territory (and for that matter, WA headquarters) to go around GA299 (legal competence) over age, I might as well throw in an abortion clinic as well and use that as a sanctuary as well for teens seeking abortions where their parents won't consent. If I was spending 1,100 characters in a resolution on Choice Plus, adding the words "as well as abortions" is relatively straight-forward and avoids having to do another abortion resolution.
I’m not sure I’ve ever seen two topics thrown into the same resolution like that. Obviously you would do another abortion resolution to cover abortion. I’m surprised this was deemed okay.
 
I’m not sure I’ve ever seen two topics thrown into the same resolution like that. Obviously you would do another abortion resolution to cover abortion. I’m surprised this was deemed okay.

Tinhampton's words were: "It appears that Simone has reinserted the abortion requirement back into 4a, albeit only for WACP clinics under WA jurisdiction. WACP was not previously required to do so in such places, however, so I can still support this." No one else raised this exact point so I left it as it is.

It's hard to go around parental consent for abortions or puberty blockers for anyone less than 20/21 under existing GA resolutions (even if they are 16 or 17 etc, and possibly 19 depending on country since IRL countries can make the age of majority 20 say Japan or even 21 in some other countries. I mean the US was 21 for voting until the 26th Amendment).

The forum thread was threadjacked several times over transgender rights in the first place, so it's a bit hard to read.

 
Last edited:
For

Including abortions seems more like a weakness to the longevity of the resolution than anything that could cause a problem; a separate "amendment" extending the scope of CP would probably have made more sense.
 
No state or entity may compel or entice anyone to seek or receive any treatment anywhere.
Doesn't this effectively ban states or hospitals from recommending gender affirmation care in relatively better facilities for a trans person?
 
Doesn't this effectively ban states or hospitals from recommending gender affirmation care in relatively better facilities for a trans person?

This very specific point came up in NSWA Discord. This argument was countered on the counter-argument that "advertisement is specifically meant to pursuade by showing an incentive to the customer. In a typical jurisdiction a doctor is meant to provide medical care for the honest benefit of the patient, rather than allure them to a specific option. A professional recommendation does not count as enticement" and that "a sane jurisdiction also prohibits receiving benefits for directing patients to a specific treatment or product". So I haven't changed it.


The way I used the word "entice" in that resolution was more "entice with the specific offering of an advantage", it was suggested that this could have been substituted as "offering a material advantage" instead but I've kept it as it is
 
Last edited:
[Non-WA]

Against. This resolution uses the platitudes of trans rights and abortion rights to advance a seeming nothing-burger with problems.

What's even more disturbing is the author's attempts to bait and act as though any opposition to this resolution is anti-trans or anti-abortion.
 
[Non-WA]

Against. I try not to comment on resolutions unless I've read them

Having read this one only now, I'm left thinking "what the pork!?"

Seriously, this reads like something out of US congress. Don't use womens' rights or trans rights to launder a gnome factory, Knootoss did this laundering much more tastefully (and successfully) with a casino.
 
Last edited:
Back
Top