At Vote:[GA] Right to sexual privacy [Complete]

Mousebumples

Mousebumples

TNPer
Right to sexual privacy
A resolution to improve worldwide human and civil rights.
Category: Human Rights | Strength: Significant | Proposed by: Bananaistan

Description: The General Assembly,

Recognising the rights of individuals to privacy in their sexual relationships,

Resolving to uphold and protect this right from undue interference, while

Affirming that society in general has a legitimate public interest in
- preventing procreation in incestuous unions,
- restricting the exploitation of vulnerable or underage individuals, and
- enforcing fair sexual ethics in professions,

Hereby:

1) Defines “individual sexual activity”, for the purposes of this resolution, as acts undertaken individually without any other participant for the purposes of achieving sexual arousal of the individual,

2) Defines “collective sexual activity”, for the purposes of this resolution, as acts undertaken with at least one other participant for the purposes of achieving sexual arousal of one or more of the participants,

3) Defines “age of consent” as the age at which an individual is considered by local law to be legally responsible for actively consenting to engage in collective sexual activity,

4) Establishes the right of all individuals to privacy in their individual sexual activities,

5) Establishes the right of individuals who have reached the age of consent to privacy in their sexual relationships and collective sexual activities,

6) Mandates that member states shall not restrict, regulate, proscribe or criminalise any individual sexual activity where such individual sexual activity is practised in private and away from public exposure,

7) (a) Mandates that member states shall not restrict, regulate, proscribe or criminalise any collective sexual activity between consenting individuals who have reached the age of consent where such collective sexual activity is practised in private and away from public exposure, save that

(b) Member states are permitted to establish in law prohibited degrees of consanguinity and may restrict, regulate, proscribe or criminalise sexual activity between individuals falling within a prohibited degree of consanguinity but only to the extent that such sexual activity could result in procreation, or

(c) In respect of collective sexual activity by individuals who have responsibility for or authority over another individual, member states are permitted to restrict, regulate, proscribe or criminalise such collective sexual activity, but shall only hold accountable in law the individual in the position of responsibility or authority, or

(d) Member states are permitted to allow the exercise of disciplinary power by organisations on members and employees who engage in sexual activity with individuals for whom they are directly professionally responsible or otherwise directly exercise authority over,

8) Establishes the right of member states not to set an age of consent, in which case the protections of clauses 5 & 7 (a) shall apply only to individuals who are otherwise considered legally competent to conduct their own affairs within the particular jurisdiction,

9) Requires that member states exercise their discretionary powers under this resolution in a fair, unbiased and non-discriminatory manner. Should a member state or subdivisions thereof implement a national or local age of consent or legal competence law, such laws shall make no reference to the gender status or the sexual orientation of the participating individuals nor shall collective sexual activities be subcategorised in such laws.


When voting, please use one of the following options: 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.

Posts which do not include an explicit and unambiguous vote are not counted in the tally.
 
Reserved for Ministry of WA Affairs Recommendation



Lord Ravenclaw Edit: I am posting the telegram I have received from the author below.

I have received the following from the Author:

Dear %NATION%

I write to you in relation to the general assembly resolution currently at vote, "Right to sexual privacy". I hope I can assuage any misgivings you may have and persuade you to vote in favour.

The resolution sets out a right to sexual privacy for individuals and sexual partners, and limits the amount of government interference in such matters.

The resolution makes no regulations in the area at all but it does explicitly permit a government to regulate (or outright outlaw) sexual activity in a few important areas. These are where an individual is below the age of consent, where incest could lead to procreation, and where a professional relationship exists, EG doctor-patient.

Aside from this, the resolution is fairly benign and merely states that outside of the above circumstances, the government has no place interfering in people's bedrooms.

If you have any questions, please do not hesitate to contact me.

Thank you for reading.

Regards

Bananaistan.
Click to expand...
 
I have voted Nay as per the wishes of this thread.
 
A number of nations may be concerned by this clause:
(c) In respect of collective sexual activity by individuals who have responsibility for or authority over another individual, member states are permitted to restrict, regulate, proscribe or criminalise such collective sexual activity, but shall only hold accountable in law the individual in the position of responsibility or authority,
Click to expand...
While intended to permit nations to regulate, etc., teacher/student relationships or guardian/child relationships, etc., the wording makes it possible that all sexual activity by "individuals who have responsibility for or authority over another individual" can be held accountable in law. So if you're a boss overseeing some other coworkers? Sorry, your nation can interfere in your sex life.
 
As a note, the proposal will be discarded at the end of the voting period, as the text contradicts GA#300 which, "BANS the production, possession, solicitation, sale and distribution of child pornography in all member nations."

The current proposal at vote reads, "6) Mandates that member states shall not restrict, regulate, proscribe or criminalise any individual sexual activity where such individual sexual activity is practised in private and away from public exposure."
 
I am still not convinced of that contradiction. Paragraph 6 deals with "individual sexual activities". To be classified as such, they have to be performed "without any other participant", as the proposal states. A by-the-letter interpretation could classify ANY pornography as "acts undertaken with at least one other participant", the person being used, and as such not qualify for paragraph 6.
Still, the wording of the proposal is far to constrictive on possible constraints and as such prone to contradictions as the one mentioned.
Therefore, although it might not matter now anyways:
Nay
 
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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