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[P] Repeal Protection of Sapient Rights

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Imperium Anglorum

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Repeal "Protection of Sapient Rights"

A resolution to repeal previously passed legislation.
Category: RepealResolution: Proposed by:
Description: (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

Argument: The General Assembly,
While Commending the World Assembly's dedication to ensuring the rights of sapient beings wherever they may exist;

Dismayed that GAR#338 contains numerous flaws which even the author acknowledges, and that these flaws necessitate a repeal to enable a replacement with a more comprehensive and better thought out resolution;

Argues that "Protection of Sapient Rights"


  • Defines "Sapient Being" as any entity possessing a) the ability to reason and act with appropriate judgement. This excludes children and infants in the definition of a 'Sapient Being' as children do not have the full mental capabilities to reason and act with appropriate judgement. By excluding children and infants in the definition of a 'sapient being', this resolution clearly eliminates the rights of children, even if those children are members of sapient species;
  • Excludes the mentally ill and incapacitated being defined as a 'sapient being' because of the poor definition of a "sapient being". The mentally ill and incapacitated obviously cannot reason and act with appropriate judgement;
  • By granting the same rights as humans to non-human sapient beings, risks giving rights only for humans past the legal age of majority to non-humans that would normally be considered minors, and the resolution fails to address this;
  • Sets up the sapience determination test for abuse, allowing nations to make human anatomy or other unique characteristics necessary to prove ability to reason;


Concerned that this resolution meant to protect the rights of any sapients discovered by WA member nations actually does very little to protect them, and opens the door for widespread abuse, including the ability to define many humans as non-sapient and thus rob them of WA rights given specifically to sapient beings rather than humans;

Hoping that a superior replacement is swiftly passed to secure the rights of sapients again; and

Hereby Repeals GAR#338

Co-authored by

Most Honorable Imperium Anglorum,

I am writing to request that you approve of the proposal Repeal "Protection of Sapient Rights"

Here:

And vote FOR the General Assembly resolution when it goes to vote. We recognise and commend the good intentions of Protection of Sapient Rights, however the resolution in place in its current form is deeply flawed.

The existing resolution has deep and numerous flaws which even the author (who co-authored this repeal) acknowledges. These flaws necessitate a repeal to enable a replacement which has stronger wording and a better definition of a 'sapient being'.

The resolution in its current form defines a "sapient being" as any entity possessing the ability to reason and act with appropriate judgement. This definition of 'sapient being' would exclude the mentally ill and children from having these certain rights just because they don't have the full ability to reason and act with appropriate judgement.

Furthermore, by granting the same rights as humans to non-human sapient beings, this resolution risks giving non-humans that would normally be considered minors the same rights as adult humans. For non-humans who are still minors at common human ages of majority (such as 18, 21, etc.) the rights of humans at those ages could apply even though the non-humans are under age.

The resolution also sets up the 'sapience determination test' for abuse. By not specifying how reason and appropriate judgement is determined, it potentially allows nations to make human anatomy (such as human-unique neurobiology) or other unique characteristics necessary to prove ability to reason.

What is most alarming is that because Protection of Sapient Rights defines "sapient being", a phrase used in many WA resolutions, Protection of Sapient Rights doesn't just fail at its own job... It risks making several other WA resolutions intended to apply to all sapients apply only to humans.

I am concerned that this resolution clearly meant to protect the rights of sapients, does very little to protect them and opens the door for widespread abuse, including the ability to define many humans as non-sapient and thus rob them of WA rights given specifically to sapient beings rather than humans.

I hope that you vote FOR this resolution and that a superior replacement is swiftly passed to secure the rights of sapients again.

Regards,



My recommendation is to vote in favour. These flaws do exist in the resolution, as they are admitted to by the author of the resolution, Excidium Planetis. Furthermore, this resolution was also proposed by one of my regionmates, so that is extra reason to vote in favour.
 

Imperium Anglorum

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Given the current voting pattern in Europe, with 84-11 (88% For), I have voted in favour of this resolution. Congratulations to the Global Republic on winning the support of Europe and the likely passage of this resolution!
 
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