AT VOTE: Assistance Giver Immunities[Archived] [Complete]

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Category: Advancement of Industry
Area of Effect: Tort Reform
Proposed by: The Dourian Embassy

Assistance Giver Immunities:
Description: Believing that rendering assistance is a natural instinct, and generally positive,

Understanding that emergency personnel may not always be the first on the scene of an incident, in which case volunteers might help to save a life,

Wanting to encourage persons to render assistance in situations where such assistance would contribute to the common good,

The World Assembly hereby:

  1. Defines an assistance giver, as pertains to this law, as any person who attempts to provide emergency care and assistance, without expectation of compensation, to another person who is in imminent and severe peril,
  2. Grants immunity to both prosecution and liability to all assistance givers who abide by the following criteria:
    • Assistance givers must provide care at a level commensurate to their training in healthcare or emergency response, even if providing such care outside of the course of their jobs,
    • Assistance givers must acquire consent, whenever doing so is reasonable or possible, before attempting to assist anyone,
    • Once an assistance giver has begun to render assistance, that person must continue to provide that assistance to the best of their ability unless any or all of the following criteria apply:
      • It has become unsafe to continue,
      • Emergency responders have arrived,
      • It is no longer necessary to give assistance,
    • Assistance givers may not intentionally cause harm, nor through extreme negligence cause harm to come to the person they are assisting,
  3. Clarifies that nation-states may legislate as they like on the topic of those assistance givers who provide assistance but do not abide by the criteria listed in section 2,
  4. Urges all nation-states to create a low-cost or free training program in first aid and emergency care for their populations.

Co-Authored by Bergnovinaia.
Click to expand...
 
Not voting here, but I hope you guys won't mind my posting some thoughts on this one here for your consideration. I have a number of concerns with this resolution, as presently written:

The definition of "assistance giver" is circular. An assistance giver is someone who provides assistance? What sort of assistance? Is this "bringing someone a blanket" assistance? Probably not what the resolution intends, but the lack of clarity is a loophole that could be exploited.

Further, it seems that any person that acts as an assistance giver ONCE is thereby obligated to do so in the future, by that definition. After all, that leads right into ...

2A, which seems to indicate that assistance givers are REQUIRED to provide care - even if they don't wish to. (Please see "must provide care" in that clause. It does not say, "If they elect to provide care, this care MUST be ... " whatever. The law does what the law says.)

2A also seems to indicate that individuals may be acting as assistance givers within the scope of their jobs due to the inclusion of “even if providing such care outside of the course of their jobs,” seems to indicate that this is a conditional NOT ALWAYS state of being.

And, that of course, just opens up a whole new host of problems with regards to liability issues if someone can simply declare “I don’t want to be compensated for this patient” and then be immune to liability and prosecution.

2C is an insufficient list. What if the assistance giver is growing weary and tired - as they have not been relieved - and their actions are ineffectual? As I am certified IRL in both CPR, First Aid, AED, etc., I know that CPR, especially, can be very tiring, if it's done correctly. I-III do not apply here, but if the assistance giver is no longer effective, why bother continuing?

Anyhow, I encourage TNPers to consider the text carefully before determining their vote. Thanks for your consideration. :)
 
Against, on the grounds that this should be a policy adopted by individual nations, and not the World Assembly's problem.
 
Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
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