Constitutional Court ruling on General Assembly Resolution: Prevention Of Forced Sterilisation
A resolution to improve worldwide human and civil rights.
The World Assembly,
Appalled at the unnecessary cruelty inherent in sterilising an individual against their will;
Shocked that forced sterilisation takes place nonetheless within the jurisdiction of several member nations;
Adamant that forced sterilisation as a punishment for sexual offenders is both purposeless and immoral, given the severe and long-term depression and anxiety it often causes;
Similarly determined that, in addition to its inherent cruelty, forced sterilisation used for the reduction of population sizes of minorities or the disabled is a dangerous tool in the hands of despotic regimes that can lead to devastating consequences for the groups they target;
Resolving to abolish this abominable practice;
Defines, for the purposes of this resolution, "reproductive ability" as the ability to reproduce naturally without extensive medical intervention and "sterilisation" as the removal of an individual's reproductive ability;
Prohibits the sterilisation of any individual without their informed consent given free from external material incentives, subject to previous extant World Assembly legislation;
Requires that member nations:
carry out thorough and regular investigations into all sterilisation services within their jurisdiction to detect any instances of illegal sterilisation;
reasonably punish individuals responsible for any sterilisation illegal at the time of its occurrence under World Assembly law;
Tasks the WACC with overseeeing Institutional Review Board decisions to ensure that sterilisations of minors or other non-legally competent peope are approved if and only if the necessity of sterilisation for the long-term health of that person has been certified;
Urges member nations to offer and, where accepted, provide financial reparations or psychological therapy to victims of forced sterilisation.
The Constitutional Court;
ARTICLE I: Applicable Law
2. Asserts that the Waldensian principle has previously been defined as the Constitutional Court's opposition to facetious legislation in the World Assembly.
3. Affirms this opposition has been argued by reasons pertaining to the deterioration of the rule of law as defined in 2 § of the Constitution of Latidonia and General Assembly resolution #374, Rule of Law, protection under law as defined in 22 § of the Constitution of Latidonia and General Assembly Resolution #37, Fairness In Criminal Trials and to the degeneration of the legitimacy of legislation and the legislating body. (See PJC 2020:1.3-6.)
3. Considers that the same arguments apply mutatis mutandis to otherwise unclear or defectively written legislation.
4. Emphasises that defective legislation, which infringes on the rule of law and to protection under law, creates opportunity for extrajudicial arbitration.
5. Reminds that according to 1.3 § of the Constitution of Latidonia: "Latidonia participates in international co-operation for the protection of peace and human rights and for the development of society."
6. Notes that this clause's position in the very first section of the Constitution of Latidonia accentuates its importance as a interpretative lens for the entirety of the Constitution and any legislation, both national and international, pertinent to Latidonia.
7. Nonetheless stresses that the Rule of Law as defined in 2 § of the Constitution of Latidonia is, too, a fundamental instrument for the interpretation of the Constitution and any legislation pertinent to Latidonia.
8. Further notes that according to Article 9 § of General Assembly Resolution # 2, Rights and duties of WA States: "Every WA Member State has the duty to carry out in good faith its obligations arising from (...) this World Assembly, and it may not invoke provisions in its constitution or its laws as an excuse for failure to perform this duty."
ARTICLE 2: Application of law
9. Views the operative clause 4. of the resolution, (Tasks the WACC with overseeeing (Emphasis added) Institutional Review Board decisions to ensure that sterilisations of minors or other non-legally competent peope (Emphasis added) are approved if and only if the necessity of sterilisation for the long-term health of that person has been certified;) to be defectively written, therefore being juxtaposed to the rule of law and the Waldensian principle.
10. Considers the resolution's intention to be of positive contribution to the human rights regime of the World Assembly.
11. Considers that the resolution would, if realised as intended, be pursuant to Latidonia's commitment to internationalism, as defined in 1.3 § of the Constitution of Latidonia.
12. Views that the resolution should be applied in good faith, in accordance with Article 9 § of GAR #2.
13. Nevertheless considers the resolution's defective writing to be in contrast to the Waldensian principle.
14. Therefore opines that whereas the resolution could strengthen the human rights regime of the World Assembly, its juxtaposition to the Waldensian principle nonetheless would, in fact, create potential for the deterioration of said regime.
15. Stresses that legislation, both international and national, must be written clearly.
Hereby rules against the General Assembly Resolution: Prevention Of Forced Sterilisation.