[FAILED] Marriage And Custody Act

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Magecastle

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Noting that the repeal of "Contact rights between Parent and Child" has left an ominous silence in World Assembly law surrounding custody rights, and in particular, the civil right against arbitrary removal of custody,

Believing the discrimination and prejudice often faced by those who happen merely to have been born to unmarried parents to also be grossly unjust and a fundamental violation of the right to non-discrimination, despite past World Assembly law not having yet addressed discrimination against such individuals,

Wishing to correct the silence of World Assembly law on both of these topics of concern by collectively legislating,

The World Assembly enacts as follows, subject to relevant past World Assembly resolutions still in force _
  1. In this resolution, "ward" means a minor or otherwise an individual lacking in mental capacity so as to require being under the custody of some "guardian".

  2. All member nations must recognise a person's status as having been born to or conceived by unmarried biological parents as an arbitrary, reductive characteristic. Accordingly, each member nation is to address discrimination and hate crime motivated by an individual's status as being born to or conceived by unmarried biological parents with the same haste and severity as discrimination and hate crime motivated by race, sexuality, gender, or any other arbitrary, reductive characteristic. Further, no parents may be discriminated against in the granting or revocation of any parental right, duty, or privilege due to said parents' current or former married or unmarried status.

  3. A member nation may only revoke an individual's status as a legal parent, guardian, or custodian of a ward where necessary to
    1. protect that ward's emotional, mental, or physical wellbeing;

    2. enforce a prison sentence, contain someone currently charged with a crime, or otherwise ensure the functioning of court proceedings; or

    3. revoke guardianship or custody over a particular ward whom that individual has freely and in good faith renounced such guardianship or custody over.

  4. No person may be discriminated against in any Section 3 procedure based on their holding or lack of any arbitrary, reductive characteristic. Further, due weight must be provided in a Section 3 procedure to the freely expressed views of the ward in question vis-à-vis that procedure, should that ward be able to form and outwardly express their own views on said procedure.

NS drafting thread

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