Ruling on General Assembly Resolution: Ban On The Administration Of Unwanted Substances [PJC 2020:3]
Constitutional Court ruling on General Assembly Resolution: Ban On The Administration Of Unwanted Substances
A resolution to enact uniform standards that protect workers, consumers, and the general public..
The World Assembly,
Believing in the rights of every sapient individual to have full bodily autonomy,
Knowing that the involuntary administration of certain drugs, medications, or other substances, can infringe on this right to bodily autonomy,
Wishing to regulate the involuntary administration of these substances so as to prevent a severe violation of natural sapient rights,
Defines, for the purposes of this resolution, an "undesirable substance" as any drug, medication, or other substance, whose primary intent in administration can be reasonably assumed to not be desired by the individual to whom it is being administered;
Subject to other World Assembly Legislation, bans the administration of undesirable substances to any sapient individual of legal competence who has not freely consented to the administration, except in the following circumstances:
the individual poses a reasonable threat to themselves or others, and must be sedated;
the individual is undergoing a medical procedure and needs to receive emergency medications, where consent is not able to be received;
the undesirable substance is being administered as capital punishment, lethal, non-painful doses must be administered in order to induce a humane death;
substances deemed necessary for the widespread public health of either the nation or the world at large must be administered, even if there are skeptics who are vocally opposed to such substances being administered;
Clarifies that, even under these exceptions, adverse effects that are not deemed necessary shall be minimized to the greatest extent which is possible.
The Constitutional Court;
Article I: Applicable Law
1. Cites 7 § of the Constitution of Latidonia, "The right to life, personal liberty, integrity and security", according to which "Everyone has the right to life, personal liberty, integrity and security."
2. Cites 6 § of the Constitution of Latidonia, "Equality", according to which "All persons shall be equal before the law. No one shall, without an legally acceptable reason, be treated differently from other persons on the ground of reasons that concerns their person, such as sex, age, ideology or religion."
Article II: Application of law
3. Considers the right to bodily integrity and liberty to within the scope of the right to personal liberty, integrity and security,
4. Views clause 2(d) of the resolution, which would permit forced administration of substances for purposes of public health, to be in contradiction with the right to bodily liberty and integrity,
5. Furthermore notes that clause 2. would permit the forced administration of unwanted substances to those legally incompetent,
6. Acknowledges that the intention single of World Assembly resolutions is not to provide exhaustive regulation of the topics they cover, yet nonetheless considers this reservation concerning legal competence in clause 2. to be especially problematic as it would allow great infringements into the rights provided in 7 § simply on the basis of a person's legal incompetence, therefore allowing, for instance, forced administration of unwanted substances to those suffering from mental disabilities,
7. Considers this infringement to be in contradiction with 6 § of the Constitution, as it permits unnecessary discriminatory and unequal treatment on the basis of a person's mental competence,
8. Understand that clause 2(c) would not restrict the World Assembly from prohibiting capital punishment,
9. Nonetheless highlights that clause 2(c) of the Resolution to be unequivocally contradictory to the right to life, in allowing capital punishment via lethal injection,
Hereby votes against General Assembly Resolution: Ban On The Administration Of Unwanted Substances