Right to Divorce
Contents
Resolution History
Overview
Pazu-Lenny Kasigi-Nero and Forgottenlord agreed in September 2005 to propose a resolution about divorce. As their both agenda was booked, they wrote a draft off-forum and posted it on the UN forum only mid-November. "Right to Divorce" is the last chapter of the Human-rights-resolutions-trilogy proposed by Love and esterel, along with #118 The Sex Education Act and #121 Adoption and IVF Rights.
For Pazu-Lenny Kasigi-Nero, the clause -1.5-, close from Sweden and Finland legislation was something essential to this proposal.
It shall be noted than just before the debate, Pazu-Lenny Kasigi-Nero got engaged to Midori Kasigi-Nero, the Deputy UN Ambassador from Kirisubo, hence his name change, his former name was Nero. He was on a business-romance trip to the empire of Kirisubo, and as they extended their trip, he arrived late at the general Assembly debate. This Love-affair complicated the debate, as Midori was a strong opponent to this resolution, and Kirisubo, the delegate of a Gatesville’s franchise region; Gatesville being the main Anti-UN region and Love and esterel, obviously a pro-UN nation.
Proposal Campaign
The authors posted a draft on the forum and improved it for 2 weeks before submitting it. Fonzoland and Gruenberg who would later repeal the resolution both offered their support to the draft. Ausserland made a comment about Clause 3 that both authors mis-understood. While a small change was made due to Ausserland's dispute, Ausserland felt that his problem was being ignored and left it alone, leaving the authors in a position where they felt their proposal was in good shape.
After a 240-TG-campaign, the proposal reached quorum and got 187 approvals. It was aided to some degree by the fact that Wolfish's Rights of Neutral States was only 6 proposals ahead in the proposal list, assisting in the drive for endorsements.
UN Debate
In the debate, the author, Pazu-Lenny Kasigi-Nero admitted that the resolution would have been better if -1.1- and -1.2- were including a 2-month reflexion delay, as the Switzerland legislation is drafted.
1 day before the end of the vote, Pazu-Lenny Kasigi-Nero understood that the clause -1.6- written by Forgottenlord included a subliminal message. Indeed the empire of Forgottenlands is well known for its federalist positions, and the clause -1.6- referenced nations as :"a more local government". He was stunned that someone included a subliminal message in his own resolution without him noticing, as even if he is an opponent to natsov, he had never been a federalist himself. But probably seduced by the subtil manner Forgottenlord did it, he sent him a nice Telegram congratulating him ironically for his "evilness"
As the vote started, Ausserland clarified his issue with Clause 3. Forgottenlord realized instantly that it was a fatal flaw in the resolution and did not attempt to fight the issue. Both expressed regret that the matter wasn't properly addressed during the drafting process. Gruenberg took this as a queue to jump ship and immediately found nearly half a dozen holes to start picking at. Forgottenlord deflected many of these arguments, but it became more and more apparent that the resolution could have used a considerable amount of extra drafting time. As the voting came to a close, Fonzoland, who had been the first to indicate his favor for the resolution on the official topic, decided to swap his vote to against. Forgottenlord, while acknowledging the failings, could not bring himself to vote against his own resolution.
The resolution passed with the UN General Assembly knowing a strong repeal would soon be coming.
Resolution Text
| Category: | Human Rights | Strength: | Significant | Proposed By: | Love and esterel |
|---|
The United Nations,
A – NOTING the positive effects of marriage and the happiness it procures in both those within the marriage and those around the married.
B – NOTING that not all marriages are happy
C – NOTING that many couples in this case have difficulty maintaining a healthy relationship over short periods of time, let alone a life-long relationship.
D – CONCERNED about the health and welfare of both the couple and any children the couple are responsible for
E – ACKNOWLEDGING the potential issues that could result from a possible divorce
F – DEFINING for the purposes of this document a divorce to be the contractual ending of any marriage or equivalent Civil Union recognized by any state
G – DEFINING for the purposes of this document a prenuptial agreement to be any contract signed by both partners before a marriage agreeing to certain terms pertaining to their marriage and/or potential divorce.
H – DEFINING for the purposes of this document a Civil Union to be a legal union between any two people given equal status within the union and granted certain rights by any government.
-1- DECLARES that a marriage or civil union may be ended by divorce in the following cases:
-1.1- Both partners ask for divorce, after 3 month of marriage or civil union
-1.2- One partner request a divorce and it is accepted by the other partner, after 3 month of marriage or civil union
-1.3- One partner requests the divorce due to proven domestic violence issues from the other partner
-1.4- One partner requests the divorce after 1 year of being officially separated
-1.5- One partner repeats a request for a divorce 3 months, or later, after the initial request
-1.6- Any additional scenarios that have been chosen by a more local government as grounds for divorce
-2- DECLARES that each party has the right to employ a lawyer for the divorce proceedings
-3- DECLARES that both parents have the right to continue to regularly see their children after a divorce, except for cases where the divorce was over proven domestic violence or sexual abuse, or if such actions are taken upon either the other parent or any of the shared children after the divorce has taken place
-4- PERMITS parents who have lost the right to see their children for issues listed in [3] be allowed to have this right returned if a court of law feels that said parent is no longer a threat to the child or other parent.
-5- URGES Nations to ensure that their legislation protects both partners and their children in divorce cases by granting financial help for one partner, when a fair solution, in accordance to the prenuptial agreement, can be found in order both partners and children can live with a reasonable financial situation - except in cases where the divorce was over proven domestic violence,
-6- ENCOURAGES all Nations to support organisations/associations providing help to married/divorced persons/couples by anonymous meeting, phone call, internet contact or any other medium that can be arranged
Co-authored by Forgottenlands UN
- Votes For: 7,530
- Votes Against: 6,357
- Implemented: Sun Dec 11 2005
- Repealed: Mon Dec 26 2005
Voting Analysis
Gameplay Impacts
This resolution (and its repeal) had no significant impacts on changing the way NationStates is played.
