At Vote: Repeal "Freedom to Contract" [Complete] [Complete]

r3naissanc3r

r3naissanc3r

TNPer
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Repeal "Freedom to Contract"

Proposed by: Christian Democrats | Resolution link | World Assembly forum thread​
Description: WA General Assembly Resolution #205: Freedom to Contract (Category: Human Rights; Strength: Strong) shall be struck out and rendered null and void.

Argument: The General Assembly,

Recognizing that Resolution 205 declares that "people have a fundamental right to liberty," which includes freedom of contract,

Understanding that Resolution 205 prohibits restrictions on freedom of contract, unless a regulation "is necessary to meet some compelling public policy interest" (emphasis added),

Concerned that this necessary and compelling standard is too strict and creates a barrier that is too high for governments to surmount,

Aware that employers, under a free contract regime, can oppress and take advantage of workers due to inequalities in bargaining power,

Believing that governments, for reasons that are not necessary and compelling but are nevertheless appropriate or legitimate, might wish to restrict contracts, especially when they are seeking to ensure the health, safety, and just treatment of workers,

Convinced that governments, representing and acting in the best interests of their peoples, will be freer to protect workers' rights and to promote the public good without the obstruction of this laissez-faire resolution,

Troubled, also, that Resolution 205 lacks a mechanism for the recognition of contracts entered validly in foreign jurisdictions,

Repeals Resolution 205, Freedom to Contract.
Please vote: For | Against | Abstain | Present

"Abstain" means that you wish for the Delegate to not vote on the resolution at all.
"Present" means that you effectively choose not to participate in this vote. "Present" has no effect on how the Delegate votes.
 

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MINISTERIAL REVIEW
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In truth, it's heartening to see Christian Democrats picking a new battle this time around, and in fairness, the proposal isn't actually bad, it's well thought out and makes some good and strong arguments. It is to par of what I'd expect of Christian Democrats as an author, and I tip my hat to them in that regard.

That notwithstanding however, I cannot support the repeal, the arguments themselves seem to very NatSov orientated, and while that is not a fatal blow by any means to the proposal, it does always make me take a second glance.

The proposal believes that the removal of this act would allow "for reasons that are not necessary and compelling but are nevertheless appropriate or legitimate, might wish to restrict contracts, especially when they are seeking to ensure the health, safety, and just treatment of workers,"

I do find this double take worthy, "for reasons that are not necessary or compelling", I find it hard to look at that and ask, then why allow it to be done?

Secondly, the proposal states "that governments, representing and acting in the best interests of their peoples, will be freer to protect workers' rights and to promote the public good without the obstruction of this laissez-faire resolution," however, while I don't normally cite this is a reason, it's still a valid reason, until such a time as a replacement is readied and proposed it will allow for the exact opposite to occur too.

One has to balance if what we have is preferable to the alternative that would occur (if only briefly) without out it.

Ministerial Suggestion​
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All in all I took my time to review this one, and actually scrapped one or two reviews in the process, it's one of those repeals that really does sit somewhere in the "I could go either way on this". It presents good arguments, but at the same time, not good enough in this Ministers view. As a result, I'm recommending an Abstention of vote.

This however, is a recommended vote only, please vote as desired, FOR, AGAINST, ABSTAIN OR PRESENT below.
 
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.
 
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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