Taijitu

Forum Meta => Civic Center => Government of Taijitu, 2014 => Archive => World Assembly Affairs => Topic started by: Delfos on November 19, 2012, 02:41:55 PM

Title: Rights of the Disabled Act
Post by: Delfos on November 19, 2012, 02:41:55 PM
Rights of the Disabled Act: A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Significant
Proposed by: [nation]Imperium Londinium[/nation]

Quote from: Rights of the Disabled Act
Description: The World Assembly,

Recognising the need for a formal resolution on the procedures to protect the mentally disabled,
Understanding that there are multiple levels of of Mental Disability
Therefore Defining,for the purposes of this act, a Mentally Disabled person to be a sapient individual, above the age of majority, whose sapience has been reduced to the point where any two or more of the following are significantly reduced:

    The ability to understand their rights

    Their ability to defend their rights to the same extent as the average citizen in their nation

    Their ability to exercise their rights

    Their ability to make informed decisions regarding their health and safety

Hereby Mandates that in necessary cases, including but not limited to; legal matters, court matters, and medical consent, a limited power of attorney be transferred to a Responsible Adult.
Defines a Responsible Adult as one of the following

    A preferred Responsible Adult, nominated by the person before they become disabled, will be the first person requested to become the Responsible Adult, but only if they can prove that they have no conflict of interest

    A member of the Disabled Person's family, who can legally establish that they have no conflict of interests

    In lieu of a suitable candidate, a representative, independent of the national government, must be selected, who must also pass a test of conflict of interest.

Mandates that the said Responsible Adult be monitored on a regular basis to ensure that no conflict of interest develops
Restricts the power of Attorney given to the Responsible Adult to the least possible in the circumstances
Urges the states to use this legislation as a matter of last resort, and to consider all alternatives before transferring a persons authority to another.
Urges the states using this legislation to work towards a position whereby a Disabled Person's authority is returned to them at the earliest possible juncture
Mandates the creation of a commission to monitor states for abuse of this legislation

I have approved for queue.

Status: Quorum Reached: In Queue!
Title: Re: Rights of the Disabled Act
Post by: Delfos on November 24, 2012, 05:31:42 AM
This is now at vote.
Title: Re: Rights of the Disabled Act
Post by: Funkadelia on November 24, 2012, 05:13:49 PM
To break down a few clauses:

Quote
Therefore Defining,for the purposes of this act, a Mentally Disabled person to be a sapient individual, above the age of majority, whose sapience has been reduced to the point where any two or more of the following are significantly reduced:

Bolding mine. The problem with this is that it is very possible for there to be mentally disabled people that are not above the age of majority, and it leaves them out.


Quote
Mandates that the said Responsible Adult be monitored on a regular basis to ensure that no conflict of interest develops

That is too much involvement from the WA in the day-to-day lives of the people.


Quote
Urges the states using this legislation to work towards a position whereby a Disabled Person's authority is returned to them at the earliest possible juncture

What does this even mean?


Quote
Mandates the creation of a commission to monitor states for abuse of this legislation

That is a very vague clause. What abuse?
Title: Re: Rights of the Disabled Act
Post by: Delfos on November 27, 2012, 08:14:55 AM
Final vote Against.
Title: Re: Rights of the Disabled Act
Post by: Delfos on November 28, 2012, 07:35:38 AM
This proposal has passed.  :shrug: