Friday, July 18, 2008

Bodily Integrity Act. Health Services. Corpus Meus, Corpus Tuus: Law of Body Inviolability.

Bodily Integrity Act and
Scope of Conscientious Objection Act

1.  Areas of bodily inviolability
2.  Right to remain unfertilized
3.  Right to terminate pregnancy (trimesters retained)
4.  Consent, Theft of Consent
5.  Areas of inviolability
6.  Scope of Conscientious Objection:  Inviolability, Standing.
7.  Vetting the objection
8.  Religious conflicts of interest
9.  Foetal child support in personhood jurisdictions.
10. Legislative limits 
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Talking point:  Chopsticks, composed in 1877, see http://www.trivia-library.com/b/story-and-origins-of-famous-songs-chopsticks.htm.  For use at a joint House and Senate Tink Tank.

||: Tink-tink-tink,Tink-tink-tink.Tink-tink-tink,Tink-tink-tink
Tink-tink-tink, Tink-tink-tink. Think. Think. Think.:|| 
||:This-turf-is-my-turf; and That-turf-is your-turf; and
You-make-your-choices; and I-make-mine.:||
Refrain
||:Go hang Your sil-ly heads.
There are things in life, Too complex to judge.:||*

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* See Reinhold Niebuhr, on "Providence", see Justice and Mercy edited by Ursula M. Niebuhr 1974. Try this overview:
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BODILY INTEGRITY ACT
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1.  Any individual, including through properly instituted guardianship, shall have rights of autonomy as to his or her body in all respects. Such individual shall determine conditions by which others may invade his or her personal bodily space at all times; and no procedures, groping, rape, assault, or other invasions shall be required or otherwise forced upon the Individual.  All decisions as to invasions of the individual's Area of Inviolability (the Decision), shall rest freely, and without coercion of any kind, with the person whose body it is; and shall be dependent upon that person's informed and ongoing consent, burden of proof on the invader.
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As to persons of limited capacity, in case of disagreement, the Standard of Shoes (Shoes Standard) shall be applied: If a neutral, informed adult were in the Shoes of the Limited Capacity Person, what would that neutral, informed adult seek for that individual's long term benefit. This area shall always be gray. The person whose life it is presumptively shall not be overridden. This ensures that legal relationship adults shall expend in advance the time and effort needed for the limited capacity person to be absolutely comfortable and trusting in that relationship, so as to take seriously contrary recommendations.
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2.  Right to Remain Unfertilized
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Contraception in all forms shall be permitted, with such time, place and manner and methodology limits as reflect the developmental status of minors, mind and body.  That is, dosages or methods appropriate to adults may not be appropriate for minors. However, the decision of the minor or adult as to contraception shall be final, with any applicable deity remaining the enforcer of what the deity wants, if anything.
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A fertilizer without authority shall be subject to civil and criminal penalties.
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3.  Right to Terminate Pregnancy. 
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The trimester approach to pregnancy rights shall be retained as workable in the face of impossible decisions. Accordingly, all parties are encouraged to fund education and opportunity, create environments for, make positive childrearing possible along with employment, and create sustenance and opportunity for all so that unwanted pregnancies are reduced; and when occur, are addressed for the common good, not the ideology of one group.
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The rights of the woman and the foetus are similar to those of property holder and adverse possessor; and ambiguities shall favor the property holder as primary claimant. 
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First Trimester.  Once the holder becomes aware of the adverse possessor's possible tenancy (physical signs, quickening, perhaps, or a rape or incest or similar invasion possibly leading to pregnangy), the holder must act promptly to preserve rights to the womb property.  This shall include medications as an option, or procedures such as a D and C.  The foetus also can be seen as a tenant at the will of the property holder.
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Second Trimester.  Laches, unreasonable delay in confirming or finding out about the tenancy, or simply waiting too long, may bar the eviction, however, particularly if the foetus has then moved to the life-and-breath viability stage.  At such point, if the holder seeks to terminate the tenancy, she cannot do so by setting out to terminate the life of the tenant, but only to have it removed for development elsewhere, such techniques to be further addressed.  This recognizes that the foetus may well not thrive outside the womb, but no solution can address all legitimate issues.  Outside groups may elect to pay "womb rent" to the woman to persuade her to continue the pregnancy, if they want to raise the child upon birth. 
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Third Trimester.  No discretionary actions to terminate a pregnancy shall take place in the third trimester of pregnancy.
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Exigent Circumstances.  Where the interests of the woman and the foetus conflict, the life and health of the woman as decided with her doctor shall prevail. 
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4.  Consent
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Medical procedures;  date rape; rape; gropes. No consent shall be assumed as to any bodily space invasion. The burden of proving initial, and ongoing, consent rests upon the invader who is hereby better advised to stop, withdraw, or not begin in the first place, rather than risk a claim of the ignored verbal, overwhelmed, powerlessness, or resistant behavior. Further details remain in committee, for discussion and clarification. 

5.  Permitted persuasion behaviors

Provided the Individual agrees to the consent-seeking (a simple "no" shall terminate the persuasion efforts while discussion may or may not ensue), the persuader shall be limited to objective verbal persuasion as to that individual by quiet discussion, no visual aids, not to exceed five (5) minutes, with a video and recording made of the event to ensure ongoing consent and lack of coercion. 
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Violation of these provisions shall be deemed Theft of Consent. 
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6. Scope of Conscientious Objection
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6.1  "Area of Inviolability" shall be defined as that shown as within the Da Vinci Circle. This is the familiar illustration from daVinci's notebooks as to the Vitruvian Man, shown within a circle, whose extended arms and legs create a square within the circle, see http://www.du.ac.in/course/material/ug/ba/euroart/hyperlinks%202/da%20Vinci_files/image035.jpg.
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6.2  Standing:

Standing of conscientious objectors to the choices made by the Individual.
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No third party shall have standing to object to choices made by the individual as to his or her zone of inviolability.  However, the third party may assert conscientious objection to providing such services. 
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In that case, where the third party is an individual, he or she shall not be compelled to perform. 
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Where the third party is an institution in a commercial setting, receiving fees for services, and receiving public funds, that institution shall provide such persons who will perform the services on site and at the same time, as part of the overall obligation of all components of a society to give and take as part of the burdens of overall citizenship.
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Billy, where there is no patriarchy.
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7.  Vetting the objection.  As in military conscientious objection, the bona fides of the conscientious objector's "belief" shall be fully vetted: Is the belief "derived," primarily serving the culture of the instutition (retaining and promoting patriarchy), or an original and unequivocal command (find a Scripture) tied directly to a religious precept of the Founder, for example.  Vet the shepherds. See criteria for conscientious objection at http://www.flinthillsgirights.com/conscientious-objection.html
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Legislative comment: That is, if Jesus never spoke of abortion, neither should we as to Christians.  Other religions can look to their own Founding Ones.  Is this a jurisdictional issue?
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8.  Religious Conflicts of Interest.  No Christian precept shall bind any person of another religious persuasion or who has no religious persuasion in the area of bodily integrity.
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No Christian or other precept shall be deemed to bind or speak for a deity.
This legislation thus permanently removes standing from any human or group to second-guess such deity-figure(s)' determinations; and possibly substitute culture or interest-group goals. For example, if the deity-figure elects to ignore or even promote the well-being of the individual who has chosen as the individual chooses within the Area of Inviolability, no contrary result shall be imposed; regardless of predilections of outside humans or groups.
  • Legislative committee preference: Leave this whole area to the person, and to the deity to sort out, if the deity cares. What if the deity says: your job is to love each other, so get on with it regardless of who prospers and who does not. 
  • Why should someone of no religion. What if nobody is paying attention.
9.  Foetal child support.  For any state enacting legislation by which a fertilized egg is a person, the state shall pay to the woman child support at the level of a 1-year old by guidelines, from Day 1 of the month in which fertilization probably occurred, until Day 1 of the month of the birth, and through the end of that month, at which time usual State procedures for child support shall commence. The state shall have the right to seek remuneration from the Daddy.
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10.  Legislative limits.  No legislation can address this issue dispositively, thus emphasis shall be on enacting further legislation by which all areas of personal bodily integrity shall be off limits to any legislation whatever. The recourse for such objectors in the meantime shall be courteous persuasion, financial incentive, change in culture such that pregnancy is rewarded, and made a seamless part of an individual's life and work.
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Patriarchy Deciding




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Historical references 2008:   Wording is vital.  Some proposals in the past would have allowed definitions of contraceptive services to be "abortive" or abortions, See also the Department of Health and Human Services (DHH) at http://abcnews.go.com/Politics/Vote2008/story?id=5405561&page=1/
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