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[DEFEATED] Treatment of the Deceased

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  1. 1. Are you in favor of the resolution?

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  • Poll closed on 08/05/19 at 04:00 AM

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Hey guys, we have a new proposal in the General Assembly chamber. My recommendation for this proposal is AGAINST because this proposal provided conflicting operative clauses, used rather more broad terms to construct its definitions, and created several practicality issues. On the conflicting operative clauses, I can cite that the clause 1, section b conflicts with clause 1, section d, subsection iii because while the clause 1, section d, subsection iii allowed law enforcement to be exempted from the crime of "molestation of a grave" when exhuming a body for an autopsy or investigation, clause 1, section b hinders the law enforcement from actually performing an autopsy as that section defines that any unnecessary damage to the body is considered as "mutilation" without any exceptions. This breeds confusion as to whether or not does law enforcement have the right to do an autopsy on the body without being criminally charged. Then another clause that conflicts with clause 1, section b is the clause 4, section b as the latter clause is allowing nations to legislate freely on the usage of organs and tissues of the deceased, yet the deceased body is still protected under the mutilation clause from such extraction with its rather umbrella definition. Therefore, the main problem of this proposal is that it is far too broad with its definitive clauses, with examples can be seen in clauses 1 and 5, causing difficulties in how future proposals should be written regarding this matter as this current proposal would have caused conflicts in its interpretations. Finally, on the practicality issues, I find that this proposal creates many, as the deceased cannot be moved or touched by anyone from law enforcement to even family members for any purpose without proper explicit permission beforehand from the deceased prior to their death. Such permission laws would place practically any criminal investigation involving a death of a person into jeopardy as they can't assess the bodies involved for evidence, losing key pieces of evidence, and families would not be able to move the deceased without going through more bureaucracy to prove that this is the deceased wishes. Furthermore, I find that these umbrella definitions do not have any exceptions for ancient burial sites or any sites of archeological significance for that matter, which would make archeologists having to go through bureaucratic channels to be able to grant their own exemption from these laws and that will delay such operations.  In conclusion, I find that this resolution is riddled with many errors that should have been solved during the drafting stages and, therefore, I will fully support the defeat of this proposal. As always, feel free to debate below and voice your opinions!





General Assembly Resolution At Vote

Treatment Of The Deceased

A resolution to restrict civil freedoms in the interest of moral decency.

Category: Moral Decency

Strength: Mild

Proposed by: fecaw__599774t2.pngFecaw

This august General Assembly,

Having already guaranteed provisions for the deceased in wartime in its one hundred and thirty sixth resolution,

Wishing to expand its legislative protection to all the deceased,

Realising that remains of the deceased can sometimes be irretrievable or unidentifiable,

Taking into account that authorities may find it necessary to exhume remains for a criminal investigation,

Noting the various personal, cultural and religious provisions relating to the treatment of the deceased,

Hoping to establish prohibitions on malicious damage to the deceased,

Now in this present session assembled, by the approval of its many delegates and members, hereby:


  1. Defines, for the purposes of this resolution:

    1. "grave" as a location where the remains of the deceased are interred,

    2. "mutilation" as dismemberment or unnecessary damage,

    3. "unreasonable burial requests" as requests that could be expected to:

      1. cause damage to property,

      2. be impossible to finance by the relations of the deceased or the deceased,

      3. contravene national or international legislation.


    4. "molestation of a grave" as:

      1. opening of the grave unless previously permitted by the now deceased,

      2. destruction or damage not serving a legitimate purpose which the deceased could not reasonably object to to a grave's markers unless previously permitted by the now deceased,

      3. mutilation of interred remains, except in the requirements of an autopsy or a criminal investigation.



  2. Demands that member states enforce laws that protect graves at least younger than a time that would take unembalmed interred remains to decay to the fullest possible extent from molestation.

  3. Mandates that all burial requests not considered to be unreasonable that are contained in the will shall be executed.

  4. Authorizes member states to:

    1. allow remains to be left in situ if they are considered to be irretrievable without unreasonable efforts,

    2. legislate freely on the scientific or medicinal use of organs or tissues from remains, at least allowing residents to opt-out of any use of their organs or tissues,

    3. handle remains in a manner contrary to the wishes of the deceased or their family in the event of an epidemic, catastrophe, major accident or other compelling situation.


  5. Clarifies that the World Assembly shall not restrict any cultural or religious practices relating to the treatment of the deceased, if these practices are known to have been explicitly requested by the deceased at the time of death unless a compelling reason in clauses 1 or 4 prevents it.


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