[GA - DEFEATED] Biomedical Donation Omnibus Act

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Chipoli

Chipoli

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Biomedical Donation Omnibus Act
Category: Health| Area of Effect: Healthcare
Proposed by: Magecastle Embassy Building A5 | Onsite Topic​

The World Assembly,

Recognising the importance of having a strong and functioning healthcare system, and viewing various bigoted restrictions on biomedical donation as not only discriminatory, but harmful to the quality of world healthcare,

Emphasising that even with the efforts of "Biomedical Donor Rights" and "Blood Donation Safety and Equality Act", member nations are still allowed to discard blood donations by minority groups due to antiquated, bigoted beliefs, and further efforts are needed to improve the quality of biomedical donation and its responsible use to improve world healthcare,

Enacts as follows, subject to relevant past World Assembly resolutions still in force _

  1. Definition: Biomedical tissue, in this resolution, refers to biological material -- including body fluids -- from a sapient being, as well as products and components thereof, used for administration to another patient or medical research.

  2. Freedom to donate: No person may be discriminated against in biomedical tissue donation, including use of donated biomedical tissue, based on that person's holding or lack of any arbitrary, reductive characteristic.
    1. Subject to World Assembly law, member nations may -- to the extent necessary to minimise spread via donated biomedical tissue of a disease that lacks accurate testing and is carried by biomedical tissue -- ban administration or donation of biomedical tissue from all persons who are or have recently been in an area wherein there is or has recently been an outbreak of that disease.

    2. No member nation may penalise an individual for donating or seeking to donate their biomedical tissue.
  3. Storage: Donated biomedical tissue storage facilities are to, where possible, prevent stored biomedical tissue from getting contaminated, including by other stored biomedical tissue, with contaminants that would make the administration of that tissue to some patient unsafe.

  4. Safety: Other provisions of this resolution notwithstanding, no person may have biomedical tissue administered or extracted in a manner posing undue risk to that person's health, absent informed consent to the same from that person provided without any coercion or external material incentives.
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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
41100
 
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Overview
This proposal seeks to build upon the successes of GAR #217, "Biomedical Donor Rights", and GAR #546, "Blood Donation Safety And Equality Act", by prohibiting the practice of deliberately discarding or otherwise failing to utilize donated biomedical tissue on discriminatory grounds, mandating that donated biomedical tissue is shielded from contamination,and by prohibiting the donation or extraction of biomedical tissue in a manner that may pose an undue risk, save for where informed consent is provided.

Recommendation
We strongly support fair, non-discriminatory treatment of biomedical tissue donors and their donated tissues. However, we simply do not believe that the proposal at hand brings anything of significance to the General Assembly that GAR #217 and GAR #546 do not already stipulate. The primary justification for the proposal's existence, that is the perceived loophole of member states accepting biomedical tissue before discarding of it due to discriminatory grounds, simply is not a concern rooted in reality. Bad-faith attempts to avoid using donated biomedical tissues would be covered by existing prohibitions against donor discrimination. Furthermore, there exists a very serious oversight under Article 2(b), wherein it is mandated that "No member nation may penalise an individual for donating or seeking to donate their biomedical tissue". Article 2(b) fails to limit the scope of this provision, which leads to the inevitable outcome of individuals being shielded from liability for knowingly donating contaminated biomedical tissue (which would also contradict GAR #546, which establishes that "it shall be considered a criminal offense to knowingly attempt to donate unsafe blood").

For the above reasons, the Ministry of World Assembly Affairs recommends a vote Against the General Assembly Resolution at vote, "Biomedical Donation Omnibus Act”.
 
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Chipoli:
Furthermore, there exists a very serious oversight under Article 2(b), wherein it is mandated that "No member nation may penalise an individual for donating or seeking to donate their biomedical tissue". Article 2(b) fails to limit the scope of this provision, which leads to the inevitable outcome of individuals being shielded from liability for knowingly donating contaminated biomedical tissue (which would also contradict GAR #546, which establishes that "it shall be considered a criminal offense to knowingly attempt to donate unsafe blood").
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While I think it's fair to oppose it because past legislation on the subject covers it -- even though I disagree with that -- this exception not existing is not an oversight, and is intentional. If you can test the donor/donated blood to see if it carries a disease and therefore punish its donor, you can also just discard that blood -- once 546 is repealed.
 
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