[GA, withdrawn] - Prevention Of Hate Crime

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Simone

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Prevention of hate crime
Category: Moral Decency | Strength: Significant
Proposed by: The Ice States | Onsite Topic​

Whereas hate crime is a malum in se which member nations have a duty to protect their citizens against; and

Whereas the repeal of "The Charter of Civil Rights" has left an ominous silence regarding protections against hate crime;

The World Assembly enacts as follows.



  1. Any violence or criminal act against an individual motivated by that individual's perceived holding or lack of an arbitrary and reductive characteristic, such as ethnicity, gender, race, religion, culture, disability, social background or sexuality, shall be classified as a hate crime in every member nation.

  2. That an otherwise-criminal act was of the nature criminalised by Section 1 must be treated as an aggravating factor in sentencing or other enforcement of the criminalisation of said act. Member nations must prohibit advocacy of violence criminalised by Section 1.
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Detailed opinions with your vote are appreciated and encouraged!

ForAgainstAbstainPresent
0900
 
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Hard against. This has gone in without addressing any of IA (Imperium Anglorum) or Kenmoria's concerns (nor mine) on forumside. This was literally submitted while we are still drafting comments on the resolution on the NationStates World Assembly Discord server.

IA literally said in the gameside:

"The submitted version of this is no better than that in GA 35 "Charter of Civil Rights"! It offers no more rights and gives no more strict of a baseline. It excludes no more space for further proposals; it offers no basis for having future ones."
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Strong against for reasons Simone and others in the forum had addressed, this resolution does (arguably) practically nothing to fix the loopholes of GA#35 at all. The loopholes are pretty self explanatory too.
 
I have noticed a flaw in this proposal. In fairness to Magecastle, I didn’t point this out earlier. The first section splits the basic act into two categories: violence and non-criminal acts. The result of this was that a non-criminal violent act, such as one conducted during boxing for example, must now be classified as a hate crime if motivated by an arbitrary and reductive categorisation. It is slightly odd for someone to be boxing based on the opponent possessing an arbitrary and reductive categorisation, but I don’t think that it should be criminal. On that basis, I am against the proposal.
 
against. There are already laws regarding hate crimes. Why have more unnecessary laws about the topic?
 
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