Repeal "Right to Divorce"

From NSwiki, the NationStates encyclopedia.
Jump to: navigation, search

Resolution History


Proposal Campaign

Shortly after voting began on Right to Divorce, Ausserland came out with some excellent examples of the failings of Right to Divorce's clause 3. Gruenberg, who had given tentative support to the resolution in in drafting stage immediately sided against it and began building upon the failings indicated by Ausserland. Forgottenlord almost immediately admitted a failing of the proposal and frustration that the matter hadn't been sufficiently addressed during drafting (it had been touched upon breifly, but Forgottenlord failed to understand the significance and Ausserland didn't pursue the matter, feeling that his claim was being ignored. While a small revision was made, by Love and esterel and Forgottenlord, it did not address the core of Ausserland's concerns). Love and esterel, however, remained resolutely behind his resolution, wanting a replacement to be drafted before he would even consider repealing. Gruenberg and Ausserland's combined arguments eventually got Fonzoland, the first indicate a for vote on the official topic thread, to vote against the resolution.

After the resolution was passed, dozens of repeal attempts were made, including 3 publicly available one. Forgottenlord rejected them all indicating that despite the flaws in the resolution he co-authored, he wanted it to be repealed for reasons he felt it earned, not because of a difference in beliefs. Gruenberg, who was likewise frustrated by the multitude of repeal proposals, began drafting a repeal on the NSO's forums, stating that he didn't want to have a repeal that Forgottenlord could argue too heavily against. When it was presented to the General Assembly, Forgottenlord provided a few suggested corrections but otherwise gave it his approval.

After a few revisions, the repeal was submitted by Fonzoland and successfully achieved quarom. Fonzoland had to submit because Gruenberg was not a member of the UN at the time. Love and esterel made a legality challenge on the matter, feeling that one should have to be a UN member to be able to co-author a resolution. The General Assembly and mod community both expressed frustration with the move, and disagreed with Love and esterel.

UN Debate

Resolution Text

Repeal "Right to Divorce"
A proposal to repeal a previously passed resolution.

Category: Repeal Resolution: #135 Proposed By: Fonzoland

Description: UN Resolution #135: Right to Divorce (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

Argument: The United Nations,

NOTING the recent passage of "Right To Divorce",

CONCERNED at a number of failures of said resolution:

1. OBSERVING that although it 'declares that a marriage or civil union may be ended by divorce', this does not actually guarantee any right to a divorce, meaning the final decision still rests with national or local courts anyway,

2. DEEPLY DISTURBED by clause 3, which enforces parental rights in such a way that it is illegal to deny regular access to the child to a parent who is assessed being a significant risk to the child, even where such parent has been convicted of crimes such as sexual molestation of children or infanticide,

3. BELIEVING it to be fallacious to base post-divorce visitation rights exclusively on the circumstances of divorce,

4. RECOGNISING that it would be better to have visitation privileges determined on a case-by-case basis, considering the facts of the specific situation and giving proper attention to the welfare of the children as well as the rights of the parents,

5. NOTING FURTHER that the definition used in the resolution does not extend any rights to those in polyandrous or polygamous relationships, and as such enforces one particular set of values,

6. CONVINCED that the resolution constitutes an attempt at inappropriate micromanagement, where many of its provisions would be more effectively delegated to national or more local agencies,

7. REMAINING OPEN to the possibility of replacement legislation that legislates a 'right to divorce' without resorting to unnecessary micromanagement:

REPEALS "Right To Divorce".

Submitted on behalf of Gruenberg.

Votes For: 8,859
Votes Against: 2,465
Implemented: Mon Dec 26 2005

Gameplay Impacts

Additional Materials

Gruenberg and the United Nations
Main topic
Resolutions: Repeal "UCPL"Repeal "Right to Divorce"Repeal "The Law of the Sea"Abortion Legality ConventionUN Demining SurveyRepeal "Banning the Use of Landmines"UN Recycling CommissionChild Pornography ProhibitionUN Educational Aid ActIndividual Working FreedomsClothing Supply PactFair Sentencing ActRepeal "Hearing Impaired Aid Act"
Staff: Biggles McXiminez
Former staff: Jianna WoltztenZlott WoltztenRittel WenkeinMoltan BauschNuck ChorrisRono PyandranLurs LenntoPendle KorbitzKirby DugganIffne HevanLori Jiffjeff