Banning of Conversion Therapy Act
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If it pleases the chamber, I'll continue.
Europolis likes to pretend it has democratic legitimacy. We force, now, our councillors to be directly elected, separate to the legitimate governments they used to represent. We create this never-ending list of laws that our governments, democratically elected for the most part, have to apply. But there's a democratic deficit at the heart of Europolis. The EU is not a nation and it never will be; and councillors do not represent equal numbers of constituents.
If we want Europe to survive, let alone Make Europe Great Again, we need Europolis to ease off with the directives to the member states, because soon enough, the member states will start ignoring us. They might even question our legitimacy.
This is not necessarily about the merits of so-called 'conversion therapy'. Some may argue that it is torture, some may disagree. Some may argue that it should be banned, some may argue that an adult should be free to try whatever form of quack 'treatment' he likes. The preamble of this Bill calls the validity of these practices 'often questionable', which is not the strongest language I've heard. This is about whether we believe Europolis is the best place to make the law on this, or whether it's our national legislatures. What are we electing our governments and legislators back home for, if we won't let them decide on anything?
But I'm not stupid, and I can count, so I may as well seek to amend the Bill. The first point I'll make is that this has huge scope as it stands to shut down any gender identity clinic that does not push patients towards a transgender identity. There is some evidence that many people, especially children, with gender dysphoria can and do reconcile their gender and their biological sex. Under this Bill as it stands, exploring this line of treatment would be impossible - either it would be classed as torture under the law, or, if not, activist groups would draw clinics and medical practitioners into lengthy and expensive legal disputes by alleging that's the case. And even before then, the fear of those scenarios would deter practitioners from doing their jobs to the best of their ability.
This is a complex issue, and it is, therefore, best decided by our own governments, our own legislatures, and our own peoples. Therefore, I'd like to propose the following amendment:
Definitions, remove after 'sexual orientation', and add 'used as a way to turn lesbian, gay, and/or bisexual people heterosexual'.I'd also like to take issue with some aspects of Section III, including Cllr Evergreen's proposed amendment. I don't know what the legislative process is in Malborya or Inquista, but in Pravoslaviya we can't change our laws 'immediately'. Six months is a perfectly reasonable timeframe. As such I'd like to propose the following alternative:
Section III, Clause I, replace '48 hours' with 'six months'Moreover, Clause III is superfluous, since failure to implement any Act of the European Council is a breach of the Constitution that can be prosecuted in the ECoJ. Which leads me to propose the following amendment:
Section III, Clause III, remove entire clauseWhile, for reasons stated earlier, I oppose this Bill, I believe these amendments would go some way to making it at least tolerable to most of the nations of the region.
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I shall extend debate for 48 hours until 08:30 GMT June 2nd, 2020.
Even though we have opposing views, I appreciate Councillor Shakur's amendments to better the legislation.
Edward Firoux
Council Speaker and Councillor for Inquista -
I also agree that the Europolis should not tell the member states what to do and not to do. However, this is not Europolis interfering with the member state's business. It is about enforcing human rights and ensuring the safety of a marginalized group. It is not uncommon to observe mental health deterioration, extreme trauma and, on a worst-case scenario, suicide, on LGBTQ+ folk who have gone to conversion therapy, as mentioned in the preamble of this act.
Councillor Shakur, you have claimed that this bill shuts down any clinic that does not "push a transgender identity". I do not think that helping people who have decided they are not transgender or people who are confused with their gender identity is harmful. I understand the confusion, and propose an amendment:
DEFINITIONS
I. Conversion therapy:
Therapies based on sexual orientation and gender identity, used as a way to turn LGBTQ+ people heterosexual and/or cisgender.The practices of changing a person's sexual orientation or gender identity by fraud, pressure or force.I also would like to retire the following amendment, as it is not compatible with the legislative processes of some member states, as pointed out by Councillor Shakur:
SECTION III - IMPLEMENTATION AND ENFORCEMENT
IV. All member states of the European Union are required to adjust their national law(s) with this Act
in 6 months fromimmediately after its approval by the European Council.In place of the act I have retired, I am proposing the following amendments:
SECTION III - IMPLEMENTATION AND ENFORCEMENT
I. Member states shall close all services involving conversion therapy in the next
48 hours3 months after the passage of this Act. Member states shall ensure that no institutions may continue to practice conversion therapy.
III. Failure to implement any section of this Act shall be seen as a breach of human rights and may allow for legal action through the European Court of Justice.
IV. All member states of the European Union are required to adjust their national law(s) with this Act in6 months3 months from its approval by the European Council.Kent Evergreen
European Councillor of The Malboryan Republic -
The Union of Duxburian Dominions currently has no position on this and intends to abstain. As our society has never stratified on gender or sex identity, the issue is basically unheard of in our country. Nothing prevents Duxburian nationals from changing or attempting to change their gender or sexual preferences, and societal pressure to do so is virtually non-existent. I had to explain to the Steward what conversion therapy even is.
If it's banned, we certainly wouldn't miss it, but we also don't want to restrict consenting adults from willingly pursuing whatever therapy they decide is right for them. If a practice is potentially dangerous or ineffective, the people have the sovereign right to decide that for themselves. The Duxburian government can provide warnings, information, and regulation, but we don't just ban things to save people from themselves. That's outside the scope of what the Duxburian government is for, and should be outside the scope of what the European Union is for.
Finally, I don't see why the Council needs to depart from the usual 180 day harmonization period. The Duxburian government does like to act quickly, but it can't just magic a law onto the books "immediately" and not necessarily in 90 days, either. The Sovereign Assembly has its own timetable, which is often backed up with domestic legislation. Unlike many legislative bodies with quirky tricks of procedure, consideration of legislation in the Assembly is normally first come, first served. Unless you expect us to declare a state of emergency for a piece of European legislation, nothing jumps the line. Since we have a non-partisan democracy, representatives are particularly and very personally accountable to their constituents, and thus need extra time to canvass their districts for opinions. It can take over 150 days for us to harmonize our laws with EU legislation. Unreasonable deadlines will simply be ignored.
Wesley Greene
Councillor of the Duxburian Union -
The discussion period has now come to an end. There are SIX amendments to be voted upon. These are the proposed amendments:
Amendment I - Proposed by Cllr. Evergreen
SECTION II - ENSURING PROTECTION
I. It is the duty of member states and their governments to protect people from conversion therapies and other practices based around conversion therapies. The member state and their government shall uphold this duty by ensuring that these practices are not performed.Amendment II - Proposed by Cllr. Evergreen
SECTION III - IMPLEMENTATION AND ENFORCEMENT
I. Member states shall close all services involving conversion therapy in the next48 hours3 months after the passage of this Act. Member states shall ensure that no institutions may continue to practice conversion therapy.
III. Failure to implement any section of this Act shall be seen as a breach of human rights and may allow for legal action through the European Court of Justice.
IV. All member states of the European Union are required to adjust their national law(s) with this Act in6 months3 months from its approval by the European Council.Amendment III - Proposed by Cllr. Shakur
DEFINITIONS
I. Conversion therapy: Therapiesbased on sexual orientation and gender identity,used as a way to turn turn lesbian, gay, and/or bisexual people heterosexual.Amendment IV - Proposed by Cllr. Shakur
SECTION III - IMPLEMENTATION AND ENFORCEMENT
I. Member states shall close all services involving conversion therapy in the next48 hours6 months after the passage of this Act. Member states shall ensure that no institutions may continue to practice conversion therapy.Amendment V - Proposed by Cllr. Shakur
SECTION III - IMPLEMENTATION AND ENFORCEMENT
III. Failure to implement any section of this Act shall be seen as a breach of human rights and may allow for legal action through the European Court of Justice.Amendment VI - Proposed by Cllr. Evergreen
DEFINITIONS
I. Conversion therapy:Therapies based on sexual orientation and gender identity, used as a way to turn LGBTQ+ people heterosexual and/or cisgender.The practices of changing a person's sexual orientation or gender identity by fraud, pressure or force.Please carefully read each amendment before voting. Amendments II and IV clash with one another, as well as Amendments III and VI, so please be careful to choose between those amendments.
Voting on amendments begins NOW and will last until 17:00 GMT June 5th, 2020.
I vote FOR Amendments I, II, V and VI. I vote AGAINST Amendments III and IV.
Edward Firoux
Council Speaker and Councillor for Inquista -
I Vote For Amendments I, VI, V, and IV. I Vote Against for Amendments III, and II.
Councilor Francis Plessis of Leagio
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I vote FOR Amendments I, II, III, V and VI. I vote AGAINST Amendments III and IV.
Duchess Poppy Carlton-Romanov
Councillor for Icholasen -
I vote FOR Amendments I, II, and VI. I vote AGAINST Amendments III, IV, and V.
Martin Bourgaize
Councillor for the People's Confederation of Eastern Haane -
I vote FOR Amendments I, II, and VI
I vote AGAINST Amendments III, IV, and VFriedrich van Allen
Councilor, Kingdom of Reitzmag -
I vote FOR amendments I, II, V and VI.
I vote AGAINST amendments III and IV.Donald D. Tusk
Councillor for Spain -
I vote FOR Amendments I, II, V and VI. I vote AGAINST Amendments III and IV.
Kent Evergreen
European Councillor of The Malboryan Republic -
I vote for Amendments I, IIII, V, and VI.
I vote against Amendments II and III.Wesley Greene
Councillor of the Duxburian Union -
I vote FOR Amendments I, IV, V and VI.
I vote AGAINST Amendments II and III.Mrs. Azaya Dubecq,
EU Councilor for Nofoaga -
I vote FOR Amendments I, II, V and VI.
I vote AGAINST Amendments III and IV.Ms. Rice
Councilor, The Republic of Sunkist -
I vote FOR Amendments I, IV, V and VI and AGAINST Amendments II, and III.
Carita Falk
Cllr. for the Archrepublic of Vayinaod -
I vote FOR Amendments I, III, IV, and V.
I vote AGAINST Amendments II and VI.Cllr Tupac Shakur
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Voting on amendments has closed.
With 12 votes for and 0 against, Amendment I has PASSED.
With 7 votes for and 5 votes against, Amendment II has PASSED.
With 1 vote for and 11 votes against, Amendment III has FAILED.
With 5 votes for and 7 votes against, Amendment IV has FAILED.
With 10 votes for and 2 votes against, Amendment V has PASSED.
With 11 votes for and 1 vote against, Amendment VI has PASSED.The legislation has been modified to reflect the amendments which have been passed. Final voting begins NOW and will last until 07:30 GMT June 8th, 2020.
On behalf of the Most Blessed State of Inquista, I vote FOR this Act.
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On behalf of the Commonwealth of Leagio, I vote FOR this Act.
Councilor Francis Plessis of Leagio
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In behalf of the Kingdom of Reitzmag, I vote FOR this act.
Friedrich van Allen
Councilor, Kingdom of Reitzmag -
On behalf of the Republic Nofoaga, I vote FOR this act.
Mrs. Azaya Dubecq
EU Councilor for Nofoaga
The Kingdom of Spain
