[GA - DEFEATED] Regulating the Sex Industry (3)

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Hulldom

Hulldom

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Regulating the Sex Industry
Category: Regulation | Area of Effect: Labour Rights
Proposed by: Thousand Branches | Onsite Topic​

The World Assembly,

Acknowledging that regulations must be put in place to protect the rights and freedoms of sex workers and to prevent potential injustices in the sex industry; hereby enacts as follows:
  1. In this resolution,
    1. a “sex worker” is any consenting adult who receives a source of income from sexual services, performances, or any other consensual sexual act;

    2. a “sex work institution” is any club, brothel, network, or other organization that provides an avenue for legal sex work or employs legal sex workers.

  2. Member nations that legalize any form of sex work must establish a national body for the regulation of the sex industry in their nation. That body must:
    1. Establish and upkeep a private and impartial channel for reporting and addressing abuse, unfair treatment, discrimination, or subversion of individual rights in any sex work context; Any valid reported complaints must be investigated thoroughly by said body.

    2. License and register all identifiable current or prospective sex workers prior to legal ability to perform sex work or be employed at a sex work institution. Before licensing any new workers, that body must:
      1. Confirm those workers are of legal age of consent in their nation and do not have a history of sex offences or abuses towards sex workers;

      2. Inform workers of their individual rights during sex work, including their rights to consent and protection;

      3. Clarify that any violation or transgression of the mandates in this resolution may result in criminal justice or the loss or suspension of their sex work license, and that any abuse or violence inflicted non-consensually as a part of sex work will result in permanent revocation of sex work license;
    3. Put protections in place to prevent sex workers from facing physical, sexual, or psychological abuse/violence during sex work or as a part of any employment at a sex work institution;

    4. Provide and mandate the usage of barrier contraception during any form of sex work involving penetration;

  3. Sex work institutions must:
    1. Not participate in sex trafficking, blackballing, or any other form of physical, sexual, or psychological harm to their employees in an effort to subvert those workers' right to consent;

    2. Abide by the same laws, regulations, and responsibilities as in any other industry, including health, safety, and compensation regulations;
    3. Any participants in sex work must receive complete STI testing – or vaccination when it is available – prior to skin-on-skin sexual contact or the exchange of bodily fluids, and must continue to receive testing on all STIs (that are not covered by prior vaccination) on a regular and frequent basis while they continue to participate in said sexual contact.
      1. All such testing and vaccination is provided to sex workers by this national body free of charge or at as low a price as possible
    4. Any participant in sex work who has contracted an STI may not participate in skin-on-skin sexual contact or the exchange of bodily fluids as a part of any kind of sex work until the time in which that STI is fully and verifiably cured or treated to the point where it is no longer sexually transmittable.

    5. Participants in skin-on-skin sexual contact or the exchange of bodily fluids as a part of sex work must inform all other participants prior to said contact if they carry any incurable STIs that have been treated to a point of non-transmissibility. Parties privy to STI-related medical information due to this provision are not permitted to share that information with any other individuals except:
      1. Upon receipt of a positive test for that STI, in which case they may only share said information with the medical professional testing or treating them.

      2. To the minimum extent necessary for the reporting and subsequent official investigation/enforcement of any violations of this resolution.

      3. Upon consent of the sex worker or participant whose medical information is being shared.
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Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to 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
01800

"Regulating the Sex Industry" was defeated 6,172 votes (40.5%) to 9,047 (59.5%).
 
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IFV
Overview
This resolution aims to protect workers in the sex industry from exploitation and to promote the health and safety of workers and clients. This is achieved by mandating that member states establish a body responsible for licensing sex workers, safeguarding them, and providing barrier contraception to be used in sex work. It imposes restrictions on sex work institutions to prevent the abuse of workers and ensure their fair treatment. Furthermore, it includes regulations to curb the spread of sexually transmitted infections and guarantee that participants in sex work are made aware if they are at risk of infection. The resolution neither forces member states to legalise sex work nor prevents them from doing so.

Recommendation
While the resolution's aims and execution are on the whole worthy, clause 4.c) - which requires participants in sex work to inform other participants if they carry any incurable STIs, even if they are no longer transmissible - is an overly broad mandate that is likely to result in violations of personal privacy in low-risk situations. For this reason, the Ministry of World Assembly Affairs recommends a vote Against the General Assembly Resolution at vote, "Regulating The Sex Industry".

This IFV Recommendation was written in collaboration with our World Assembly Legislative League partners.
Our Voting Recommendation Dispatch--Please Upvote!
 
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Minister's Note: The (3) in the title is intentional. It's for record keeping purposes down the line.

My Vote: The author stubbornly refused to eliminate 4(c) and if anything the problem is worse now than it was. Against.
 
Hulldom:
Minister's Note: The (3) in the title is intentional. It's for record keeping purposes down the line.

My Vote: The author stubbornly refused to eliminate 4(c) and if anything the problem is worse now than it was. Against.
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For context, as mentioned, there was extensive lobbying on both sides. To quote the discord, and in turn quoting the forum discussion, my understanding is that the authors are in favour of the customer having a right to know and to be protected from, (for example), HIV positive sex workers not be properly taking their antivirals - this is a direct quote from the Forum and feel that this should take precedence over privacy for the sex worker.
 
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simone_republic:
For context, as mentioned, there was extensive lobbying on both sides. To quote the discord, and in turn quoting the forum discussion, my understanding is that the authors are in favour of the customer having a right to know and to be protected from, (for example), HIV positive sex workers not be properly taking their antivirals - this is a direct quote from the Forum and feel that this should take precedence over privacy for the sex worker.
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For sure? But it's about "incurable STIs that have been treated to a point of non-transmissibility."
 
This proposal has received the requisite approvals to enter the formal queue. Barring it being withdrawn or marked illegal, it will proceed to a vote at Major Update on Friday, March 25.
 
Hulldom:
For sure? But it's about "incurable STIs that have been treated to a point of non-transmissibility."
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To quote Ara's reply on 5 March (this is in the top half of the middle of Page 7 in the (very long) thread):

"Because I had people yelling at me about it earlier in the thread. Because that includes people with AIDS who take antiretrovirals to a level where they make it non-transmissible, but some people didn’t believe the proven scientific studies so I included this to not have to include some sort of dumb ban on people with non-transmissible STI"
 
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