The focus is on ensuring that definitions of human beings and biological sexes are clear for the purpose of protecting children’s rights (inclusing the unborn), welfare, and identity, here’s how the bill could be titled and structured:
Title: Child Protection Act
Section 1. Short Title
This Act may be cited as the “Child Protection Act.”
Section 2. Purpose
The purpose of this Act is to establish clear legal definitions of “human being” and biological sexes to ensure the protection, equal rights, and well-being of all children under the law.
Section 3. Definitions
(a) “Human Being” - For the purposes of this Act and any reference within the law concerning children, “human being” shall be defined as:
- Any individual organism of the species Homo sapiens, characterized by bipedalism, large brain size, advanced cognitive capabilities, and the capacity for language and culture.
(b) Biological Sexes for Children:
- **"Male Child"** - A child whose biological make-up, as typically determined by genetic and anatomical features at birth, includes the presence of a Y chromosome, generally leading to the development of testes and secondary sex characteristics as they grow.
- **"Female Child"** - A child whose biological make-up, as typically determined by genetic and anatomical features at birth, includes two X chromosomes, generally leading to the development of ovaries and secondary sex characteristics as they grow.
(c) “Child” - Any individual below the age of majority as defined by state law, but not older than 18 years unless otherwise specified.
(d) “Rights and Protections” - All references to rights, privileges, duties, or protections under any law concerning children shall apply equally to every “human being” child, ensuring protection from discrimination, neglect, abuse, and ensuring access to education, healthcare, and other necessities.
Section 4. Application
(a) These definitions shall be applied to all legislation, policies, and judicial decisions relating to child protection, welfare, education, and healthcare.
(b) Educational materials, child welfare guidelines, and public health documents should reflect these definitions to ensure clarity and equal application of the law in matters concerning children.
Section 5. Provisions for Protection
(a) Establish clear guidelines for schools, healthcare providers, and child welfare agencies to recognize and respect the biological sex of children in all administrative, medical, educational, and social activities.
(b) Ensure that any intervention or decision made on behalf of a child concerning their biological sex or gender identity must prioritize the child’s best interest, health, and long-term well-being, with full informed consent from guardians or courts when necessary.
Section 6. Enforcement
(a) The Department of Health and Human Services, in conjunction with the Department of Education, shall oversee the adherence to this Act.
(b) Legal actions concerning children’s rights shall consider these definitions as a fundamental basis.
Section 7. Effective Date
This Act shall take effect upon its passage into law.
Notes on Drafting:
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Focus on Children: By naming it the Child Protection Act, it emphasizes the intent to protect and clarify rights specifically for minors, which might influence educational, medical, and legal practices more directly.
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Inclusivity and Clarity: The definitions aim to be inclusive while providing clear biological distinctions, which could be crucial for discussions around child development, sports participation, and medical treatment.
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Potential Impacts: This act could affect policies on education, particularly around sex education, sports, and aspects of child welfare concerning gender identity or biological sex.
This draft focuses on safeguarding children’s rights and welfare by providing a clear, biologically-based framework for understanding sex and gender in law, with a primary focus on protection and well-being.