In countries where it is legally recognized, THW not grant ex-convicts the right to be forgotten.
とある高校生ディベーターに「このモーションの強いケース教えてください!」と言われたので、普段だったら、「どんなケースが強いと思う?」とか「今とりあえず出来てるケース教えて?」みたいな感じで質問攻めにするのですが、暇なのでケースを考えることにしました。
あと、他のチームにも教えてほしい!と言われ、ディベートの知識や方法について私はフリーオープンソース人材なのでここに書くことにしました。とはいえ、そのままスピーチ原稿にコピペできちゃうほどの完成度の高いものではないのであしからず。みんな自分で頑張ってright to be forgottenが認められてる国のコンテキスト調べたりするのだよ!
前置きはさておき、めいにゃんにゃんが考えたこのモーションのケースっぽいものは以下になります。
そもそもwhat is "the right to be forgotten"?
The right to be forgotten is a relatively new right that protects your right to be able to delete private information about you on the Internet so that it can no longer be seen by other people. It is a legally recognized right in the European Union, United Kingdom, and Argentina.
Unlike the right to privacy, the right to be forgotten deals with information that was made public in the past, but for reasons such as that the information is hurting the reputation of someone, or that it is no longer a relevant piece of information, the right to be forgotten allows someone to have certain information about themselves deleted and made unsearchable.
The Affirmative Case: Information on past wrongdoings of ex-convicts is necessary for society to be safe from potential recidivists, as well as deterrence for first offenders, especially when rehabilitation and reassimilation of ex-convicts are not perfect.
1. Information on past wrongdoings of ex-convicts is necessary for society to be safe from potential recidivists
Employment, personal relationships, etc. Analogy: sex offenders' list being made public.
2. Knowing that you won't have the right to be forgotten once you commit a crime works as a strong deterrence to commit a crime
You will never be easily employed, treated fairly in society, make friends other than ex-convicts, etc.
3. The above two points are particularly important in a society in which rehabilitation for criminals or their reassimilation to society are not good
If rehabilitation in prisons is poor, there is a high likelihood of recidivism. In such cases, citizens who have not committed a crime regardless of their socioeconomic backgrounds should be allowed to know someone's criminal history. Even in countries where rehabilitation programs in prisons work well, the chance for past criminals to commit another crime is higher than that of someone committing a crime for the first time [insert data backing this up]. Furthermore, in societies where it is relatively difficult for ex-convicts to reassimilate, those ex-convicts tend to join criminal organizations since the society at large would not employ them. Moreover, people living in poor and violent neighborhoods, or people with low socioeconomic status are particularly vulnerable to such ex-convicts' recidivism. E.g. becoming unknowingly involved in gang warfare, drug/human trafficking etc. Therefore, in order to protect innocent vulnerable citizens from such harm as much as possible, ex-convicts' right to be forgotten should not be granted.
The Negative Case: In the age of heavily IT integrated societies, the right to be forgotten is a human right that should be granted to everyone regardless of criminal history.
1. The right to be forgotten is a human right just like the right to life, the right not to suffer from physical or emotional abuse, as well as the right to live with dignity, all of which are granted even for prisoners, let alone ex-convicts.
[insert substantiation]
2. The right to be forgotten is particularly crucial for ex-convicts to thrive and not commit recidivism
Societies that are weary of ex-convicts would likely dig into ex-convicts past, making it close to impossible for ex-convicts to find employment or friends and lovers. When the reassimilation back into society is not done properly, ex-convicts do not have a choice but to commit more crimes in order to live, i.e. joining criminal organizations, committing petty theft for food etc. In order to ensure a healthy reassimilation back into society, ex-convicts, like any other member of the society, should be granted the right to be forgotten.
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