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by Auralia. . 774 reads.

Statement on Non-Compliance with Certain General Assembly Resolutions

Auralia, like all World Assembly member states, voluntarily assumed the obligation of compliance with active World Assembly resolutions upon joining the World Assembly. However, the World Assembly possesses no genuine sovereignty. This is clearly established by the fact that member states have the right to revoke their membership at any time, nullifying the legal effect of all resolutions in that member state. Accordingly, upon entering the World Assembly, Auralia filed a reservation limiting its obligation to just laws.

The Auralian government maintains, in accordance with the teaching of the Catholic Church, that the existence of the state is essential to human flourishing; that the perfection of virtue and elimination of vice must be accomplished by man by means of the law; and that all legitimate governments, including those of Auralia and the World Assembly, ultimately derive their mandate to legislate from the natural law. We therefore treat our obligation to comply with World Assembly resolutions with great seriousness and care.

However, precisely because human law derives its force from the natural law, any human law that purports to require defiance of the moral law or prevent the execution of moral obligations is not a law at all, but rather a form of violence. We are in fact obliged by the moral law to resist such "laws". As St. Thomas Aquinas teaches in the Summa Theologica:

"Now in human affairs a thing is said to be just, from being right, according to the rule of reason. But the first rule of reason is the law of nature...Consequently every human law has just so much of the nature of law, as it is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law."

Unfortunately, a limited subset of World Assembly resolutions meet these criteria, and accordingly the Auralian government shall not comply with these resolutions (either in whole or in part, depending on context) and moreover shall endeavour to repeal them at the first available opportunity.

The following is a list of these resolutions:

  • GAR #128, "On Abortion" and GAR #286, "Reproductive Freedoms" – These resolutions require nations to legalize and provide access to direct abortion.

    The Auralian government maintains, in accordance with the teaching of the Catholic Church, that direct abortion constitutes a form of artificial contraception, which is contrary to the natural end of the sexual act and is gravely immoral.

    Moreover, in light of clear scientific evidence indicating that human life begins at the moment of conception, direct abortion also constitutes a form of unjustifiable homicide. The Catechism of the Catholic Church teaches:

    "God, the Lord of life, has entrusted to men the noble mission of safeguarding life, and men must carry it out in a manner worthy of themselves. Life must be protected with the utmost care from the moment of conception: abortion and infanticide are abominable crimes."

    The Auralian government is morally obliged to respect and protect human life; this is the most basic function of the state. Accordingly, any attempt by the World Assembly to compel nations to permit a form of unjustifiable homicide is contrary to the natural law and void.

  • GAR #425, "Protection of Biomedical Research" – This resolution requires member states to legalize embryonic stem cell research.

    Embryonic stem cell research requires the destruction of human embryos, which are human beings. As explained above with reference to GAR #128 and GAR #286, any attempt by the World Assembly to compel nations to permit a form of unjustifiable homicide is contrary to the natural law and void.

  • GAR #91, "A Convention on Gender" and GAR #467, "Affordable Transgender Hormone Therapy" – These resolutions compel nations to recognize the legitimacy of a separate "gender identity" that can be at variance with biological sex, as well as to permit "gender-adequation procedures" such as hormone therapy, genital mutilation, and sterilization.

    The Auralian government maintains, in accordance with the teaching of the Catholic Church, that God has created all human beings either male or female. Pope Emeritus Benedict XVI has taught that "this duality is an essential aspect of what being human is all about, as ordained by God."

    Moreover, sexuality is an integral part of every human being. The Catechism of the Catholic Church explains that it "affects all aspects of the human person in the unity of his body and soul." It is an extraordinary gift, but one that is chosen by God at the moment of our creation. It is not subject to the human will. Pope Benedict condemns as false the notion that sexuality is "a social role that we choose for ourselves" rather than "a given element of nature, that man has to accept and personally make sense of."

    The Auralian government is morally obliged to respect these fundamental metaphysical truths about the human person. Accordingly, any attempt by the World Assembly to compel states to recognize the legitimacy of a "gender identity" distinct from one's biological sex, or to sponsor attempts to "change" a person's sex to correspond to this "gender identity", is contrary to the natural law and void.

  • GAR #437, "Ban on Conversion Therapy" – This resolution prohibits attempts to change the sexual orientation or "gender identity" of minors, as well as of any person if performed by a public or governmental body.

    Sexual orientation

    The current scientific consensus indicates that existing methods that purport to change sexual orientation are harmful and ineffective. The Auralian government is absolutely opposed to the use of such means.

    However, this does not mean that sexual orientation cannot in principle be changed or that any attempt to do so should be categorically forbidden. The Catechism of the Catholic Church describes homosexual inclination as "objectively disordered". Auralia maintains that it is in principle desirable to voluntarily rid oneself of homosexual desire for the same reason that it would be in principle desirable to rid oneself of any kind of disordered desire or other inclination towards sin.

    As such, while Auralia remains in de facto compliance with the sexual orientation provisions of this resolution at the present time, this may change in future should a method to change sexual orientation be discovered that is demonstrated to be safe and effective.

    "Gender identity"

    As explained above with reference to GAR #91 and GAR #467, any attempt by the World Assembly to compel states to recognize the legitimacy of a "gender identity" distinct from one's biological sex is contrary to the natural law. This applies to GAR #437 as well.

    We add here that the current scientific consensus on gender identity is far from clear, but research suggests that gender dysphoric children should be encouraged to accept their biological sex where possible, given that Linkthe majority of prepubescent gender dysphoric children eventually "grow out" of their gender dysphoria. It is therefore likely that GAR #437 prohibits good medical practice.

  • GAR #457, "Defending the Rights of Sexual and Gender Minorities" – This resolution compels nations to recognize same-sex relationships as marriages, to recognize the legitimacy of a "gender identity" distinct from one's biological sex, to refrain from any discrimination on the basis of sexual orientation or "gender identity", and to require all private organizations, except religious organizations, to similarly refrain from such discrimination.

    The Auralian government maintains, in accordance with the teaching of the Catholic Church, that marriage is a union between a man and a woman that is naturally ordered towards the procreation and education of children, mutual aid, and the quieting of concupiscence. Two persons of the same sex cannot contract marriage and same-sex sexual acts are intrinsically evil. The Catechism of the Catholic Church teaches:

    Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity, tradition has always declared that "homosexual acts are intrinsically disordered." They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved.

    [...]

    Sexuality is ordered to the conjugal love of man and woman. In marriage the physical intimacy of the spouses becomes a sign and pledge of spiritual communion. Marriage bonds between baptized persons are sanctified by the sacrament.

    [...]

    The spouses' union achieves the twofold end of marriage: the good of the spouses themselves and the transmission of life. These two meanings or values of marriage cannot be separated without altering the couple's spiritual life and compromising the goods of marriage and the future of the family.

    Any attempt to compel member states to recognize same-sex "marriages" is contrary to the natural law and void.

    Further, as explained above with reference to GAR #91 and GAR #467, any attempt by the World Assembly to compel states to recognize the legitimacy of a "gender identity" distinct from one's biological sex is also contrary to the natural law and has no effect.

    Finally, Auralia naturally opposes unjust discrimination on the basis of sexual orientation and "gender identity". The Catechism of the Catholic Church teaches that "[homosexual persons] must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided." This is equally true of transgender persons. However, the state and private organizations must remain free to engage in just discrimination on this basis; one such example would be be refusing to participate in the solemnization of a same-sex "marriage".

  • GAR #440, "Administrative Compliance Act" and GAR #466, "World Assembly Justice Accord" – These resolutions are mechanisms to compel compliance with World Assembly resolutions.

    In general, the Auralian government reluctantly complies with these resolutions, even though we remain opposed in principle to any attempt to use the Assembly's coercive powers to enforce compliance with World Assembly resolutions.

    However, we do not comply with these resolutions in cases where they would require Auralia to impose a fine, a sanction, imprisonment, or any other punitive measure against an individual, organization, state or other entity for refusing to comply with a provision of a World Assembly resolution with which Auralia is also not in compliance for substantially the same reason.

    In addition, we do not comply with these resolutions in cases where they would require Auralia to impose any such punitive measure disproportionate to the non-compliance for which the punishment is imposed, even in cases where Auralia is not engaged in similar non-compliance.

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