"Braxton Hick's" or the birth of a new era? Tracing the development of Ireland's abortion laws in respect of European Court of Human Rights Jurisprudence

In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.     

University mission and academic freedom: Are they irreconcilable?

Educational freedom, rightly understood, depends upon the freedom to shape - and (for individuals) to choose to study in or teach in - distinctive educational institutions. This implies an obligation upon faculty who have chosen to commit themselves to such an institution to teach in a way that engages positively with its educational project. Policies which provide scope and encouragement for schools and universities to represent distinctive and coherent viewpoints are an essential condition of educational freedom in a pluralistic society. These issues are discussed with reference to the ‘values project‘ of Free University in Amsterdam and to debates, in the Netherlands and the United States, over the distinctive character of schools. This revised version was published online in August 2006 with corrections to the Cover Date.     

海峡两岸冲突法反致制度立法初探——兼谈反致与两岸民商事法律冲突的解决

在海峡两岸的冲突法立法中,反致制度有着不同的表现形式与特点。我国台湾地区立法一直对反致持肯定的态度,规定接受当事人本国法的广义的反致,立法较为全面。但在涉及有关合同、国籍的消极冲突、区际冲突等问题的法律适用时是否采用反致尚存疑问,其反致制度不论在内容上还是立法技术上都有需要完善之处。祖国大陆现行立法对反致制度没有明确的规定,从《示范法》及《民法(草案)》的有关内容来看,主流观点不是一概地拒绝反致,表现出例外接受反致的立法倾向。反致有利于实现冲突法的价值取向,有利于解决海峡两岸特殊的区际法律冲突,祖国大陆应借鉴他人的立法经验,明确接受并建立自己科学、合理的反致制度。     

论我国农村土地权利制度的完善

新中国成立以来,农村土地权利制度出现过数次变迁,最终形成了农村土地集体所有的制度。农村土地权利制度的不足主要表现在,因为集体所有权概念本身的模糊性,导致集体所有权的主体不明确、农民权利虚化。《物权法》试图通过引入成员权概念来明确集体所有权的主体。成员集体所有在性质上类似于总有,它是完善我国集体土地所有权制度的途径,也是保护农民权益的制度基础。成员权是私法上的权利,不同于村民自治的权利。关于成员资格的认定,原则上应当以户籍为标准,在此之外还应当考虑其他因素。成员权可以分为共益权和自益权两部分,应当完善其救济制度。     

Disqualification of lists in Israel (1948–1984): Retrospect and appraisal

The aim is to review the decisions of the Central Elections Committee and of the Supreme Court regarding disqualification of lists in Israel. Two major questions are addressed: When should tolerance have its limits?; and, What constraints on liberty should be introduced in order to safeguard democracy? The judicial analysis focuses attention on the issue of whether the justices acted in accordance with the law. Consideration is given to the written law and to existing normative considerations which allow justices an exegetic latitude. It is argued that theNeiman decision of 1984 was flawed, that the Court was erroneous in ignoring the licensing effect of its decision, and that democracy does not have to allow a violent list propounding the destruction of democracy to act in order to fulfil its aim. It is neither morally obligatory, nor morally coherent, to expect democracy to place the means for its own destruction in the hands of those who either wish to bring about the physical annihilation of the state, or to undermine democracy. These two cases are the only cases in which democracy has to introduce self-defensive measures and to deny representation in parliament to violent lists that convey such ideas, and that act to realize them.     

The police,social services and psychiatry cooperation in Denmark—A new model of working practice between governmental sectors. A description of the concept,process, practice and experience

In 2004 a new model of working practice between three public sectors, the local Police Department, Social Services and Psychiatry/Mental Health Services (PSP) was introduced in the municipality of Frederiksberg, Denmark. The aim of this cooperation was to enhance support to vulnerable citizens, who do not belong solely to one of the three sectors and thereby often get lost in the system. The PSP cooperation was introduced to ensure that relevant information concerning vulnerable citizens was shared between the three sectors and to improve collaboration between the sectors involved in order to provide the needed support to the individual citizen. Due to the success of the PSP cooperation in Frederiksberg, the PSP model was implemented by law in Denmark in 2009.In order to evaluate the model, a qualitative study based on structured interviews, focus group discussions and observations, was performed in four selected municipalities in Denmark: Frederiksberg, Odense, Amager and Esbjerg. The evaluation was undertaken by the Danish National Centre for Social Research.It is concluded that the PSP cooperation draws attention to marginalized groups of citizens and helps to prevent social downfall and crime. Participants of the PSP cooperations further highlight positive changes in the cooperation between the involved sectors, which is thought to further improve the support to vulnerable citizens and thereby enhance both prevention and follow up of cases. Furthermore, the recommendations drawn from the evaluation are to adapt PSP cooperations to local conditions, avoid unnecessary red-tape, keep a constant focus on citizens' ethics, as well as involve the frontline workers in the individual sectors, i.e. those who are actually in contact with marginalized citizens.     

Public health and human rights: questions from an epidemic in Prato

This article uses Carlo Cipolla's account of the plague epidemic in Prato in 1630-1631 to identify several key questions in public health. The article goes on to observe that the underlying problems posed for public health by the plague epidemic in Prato are similar, in important respects, to those encountered in addressing contemporary public health concerns. Questions of inequalities in health and socio-economic differentials in mortality; the relationship between economic wellbeing and health; the relevance of access to effective interventions; the significance of knowledge concerning disease aetiology or uncertainty in devising and implementing appropriate interventions; and the role of regulation in controlling public health hazards are as relevant today as in the Renaissance. However, contemporary recognition of the right to the highest attainable standard of health has altered the nature of public health responses. Concern for individuals' and populations' rights to health can be seen to have the potential to inform policies for inequalities in health, for economic development in middle- and low-income countries, for access to health care and essential medicines, and for strategies to regulate and control emerging risks to health.     

论金融危机下发展权面临的挑战与出路

在全球金融危机中受到影响最大的是发展中国家及其人民的发展权利。危机对发展权的挑战,不仅体现在经济发展领域,也反映在社会文化以至政治发展层面,进而衍生为人的生存发展危机。要摆脱危机,就必须重新塑造发展权法治理念,从传统的形式平等和社会正义迈向一种新的正义观即发展正义,从现有的公法强制干预和私法自由调节转向政策性平衡新机制,在全球社会连带中实现自主发展。在这些新理念导引下,于法律重心的发展权定位、发展权指标体系的法律化以及强化国际与国内公共权力对发展权的法律责任三大方面进行制度建设,确立公共权力对发展权的自觉意识和可归责性、建立全球性的发展权法律标准以及危机预警与干预系统。     

Occupational exposure to bloodborne pathogens: request for information--OSHA. Request for information

OSHA requests information and comment on engineering and work practice controls used to eliminate or minimize the risk of exposure to bloodborne pathogens due to percutaneous injuries from contaminated needles and o ther contaminated sharps in occupational environments. Percutaneous injuries continue to be a concern in work settings where employees are exposed to bloodborne pathogens. The Agency is considering possible actions that it can undertake to assist in addressing this issue. Consequently, OSHA is interested in strategies for reducing percutaneous injury rates that have been successfully implemented in the work environment, including work practices and, in particular, the use of devices designed to limit the risk of such injuries. The information received in response to this notice will be carefully reviewed and will assist OSHA in determining effective approaches to reducing percutaneous injury rates and what role the Agency may have in these approaches.     

Access to courts by vulnerable persons in relation to hydraulic fracturing in South Africa

Hydraulic fracturing is in a planning stage in South Africa. Notices have been issued regarding pending administrative decision concerning applications for exploration rights to explore for natural (shale) gas largely in the Karoo region. Concerns, which are similar to those expressed in other jurisdictions regarding the process are also being raised locally. These concerns are exacerbated considering that a significant part of the population of the Karoo have limited understanding of the issues associated with hydraulic fracturing. Many of them are also poor, which may hinder their effective access to justice. The aim of this article is to examine the constitutional provision pertaining to the right of access to courts in South Africa vis-à-vis a theoretical underpinning of the right with a view to determining whether or not the provision can effectively be applied to guarantee the access of poor and vulnerable persons to the courts in the event of any potential violation of their rights by hydraulic fracturing. Recommendations are made in the conclusion, to reinforce the ability of poor and vulnerable persons to enforce the right of access to courts in the event that hydraulic fracturing becomes a reality in South Africa.     

资源型城市转型发展问题研究——以松原市为例

松原市作为成长型的资源型城市,在转型发展实践中取得了一定的成绩,但同时也遇到了许多问题。本文认为,把握资源型城市发展规律,认识转型发展;联系资源型城市客观实际,规划转型发展;完善政策体系,促进转型发展;采取必要措施,落实转型发展;创新体制机制,保障转型发展,是松原市转型发展经验带给资源型城市转型发展的启示。     

Applying the Responsibility to Protect to the ‘Arab Spring’

The doctrine of the responsibility to protect, since its inception in the ICISS report of 2001, has been the subject of considerable discussion. Arguably its most publicised component is the principle that the international community has the responsibility to protect civilian populations against severe suffering where the relevant national authorities are unable or unwilling to do so. Consequently, the main focus of discourse upon the responsibility to protect has centred on its impact upon the approach of the international community to intervention in respect of situations posing considerable humanitarian crises. The events of the Arab Spring, in which full blown conflict in some states gave rise to serious human suffering, provided a real opportunity for the international community to evaluate the role of the responsibility to protect in decision-making over responding to such instances, and potentially to develop it into a practical and meaningfully implementable concept. However, due to political flaws inherent in the doctrine, and its arguably overstated significance, the doctrine at best played a minimal role in guiding the international response to developments in the Arab World. Nonetheless, responses to the Arab Spring do allow certain conclusions to be drawn in respect of the future relevance of the doctrine.     

The engaged university

Universities play a unique role in society, providing a community of experimentation and innovation. Even so, leaders around the world have had to push for university primacy to retain competitiveness in the global economy. This paper examines efforts taken by universities in the United States to evaluate their contribution to economic development. An emerging role for universities is one of active neighborhood involvement, in which they are engaged in projects with local communities. These projects include providing assistance to local firms and policy advice to state and local government, and getting involved in community outreach. In this role and in an unprecedented manner, universities are engaging on a wide range of topics with local communities, using these communities as labs to test new ideas and find better ways to achieve social and economic goals. This is precisely why it is important to consider the larger role of universities’ in economic and social development.     

Deploying pre-grant patent opposition mechanisms in Africa to monitor abuse of the patent system

This article examines the extent to which African countries could deploy pre-grant patent opposition provisions in their domestic patent regimes to mitigate the abuse of the patent system. The author argues that the public has the right to participate in the patent system in order to oppose the grant of bad patents. Therefore, if African countries were to strengthen legislative provisions on pre-grant opposition civil society and non-governmental organisations that represent the interests and will of citizens would be able to invoke key provisions to challenge any abuse in the patent system in order to protect the public interest.     

基本权利规范的正当程序价值——兼议行政程序法如何保障基本权利

我国宪法中的基本权利规范具有丰富的正当程序价值,行政程序法的制定,需通过宪法解释的方法挖掘基本权利规范的程序价值,使之得到行政程序法的保障。基本权利条款的设置从整体上表征国家与公民之间的平等关系,这种平等关系要求行政程序法建构起交互式的行政程序,吸纳公众有效参与行政过程。人格尊严既包含个别的权利,又是概括的"人权",表征公开、公正的价值,需要行政程序法通过建构回避制度、禁止单方接触制度、职能分离制度和公开制度予以保障。     

SILENT CHANGES: TRANSSEXUALS’ RIGHT TO MARRY IN CHINA’S MAINLAND AND HONG KONG

In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.     

A plan analysis of pedophile sexual abusers' motivations for treatment: a qualitative pilot study

Many authors have suggested adapting treatment programs to the specific needs of sexual abusers. However, little research has been conducted to understand what these patients seek in therapy or what elements play a key role in keeping them in treatment. In this pilot study, fifteen (N=15) pedophile sexual abusers from La Macaza clinic for sexual abusers were interviewed. Plan analysis was used to investigate the most prevalent components involved in staying in or leaving therapy. Results suggest that many components involved in the plans leading to doing and to avoiding treatment were similar. Differences were found in regards to the outcome of confrontations with the therapists, a tendency to isolate and overcomply, guilt related to the abuse, a need for a stable environment, and a need to be accepted. These results are discussed along with possible ways to improve the patients' involvement in treatment.     

Gender Quotas in Politics: The Greek System in the Light of EU Law

Positive action is currently gaining momentum in the European anti-discrimination discourse and policy-making as a necessary and effective tool to achieve the goal of full and effective equality in employment. Gender quotas in politics, however, are thought to remain outside the normative scope of Community law, the dominant view being that candidature for elected public office does not constitute employment in the sense of the relevant provisions. This article seeks to examine the Greek quota system for women in politics in its dialectical relationship to the general equality discourse and with reference to the current normative framework in Europe. The aims are threefold: to assess the legality of positive action in favour of women in politics from the point of view of EU law, to evaluate the effectiveness of the Greek system in achieving its gender equality goals, and to identify the problems that quotas in politics may pose with regard to the principle of democratic representation. It will, thus, be argued that positive measures in politics, though generally compatible with the fundamental principles of justice and representative democracy, may nevertheless be inadequate—at least in their current form—to provide effective solutions to the unequal distribution of social and political power.     

Rush-hour traffic: self-presentation of defendants in speedy traffic court cases

Much work examines self-presentation styles; however, little work explores how people present themselves in traffic court. Utilizing observatory research, we aim to better understand differences in physical presentation and demeanor in traffic court. Further, judges that work in traffic court were interviewed to see how they understood the importance of presentation of self. Data indicate that most of those who appear in traffic court aim to present themselves professionally and behave with respect while in court. This appears to be a wise decision because judges tended to think that presentation of self was an important variable in their courtroom and how they evaluated cases. Still, differences in presentation of self appeared in the courtroom especially with regard to dress – extremely casual to orange jumpsuits. Finally, we argue that while modern defendants aim to present professionally the overall ‘professional’ presentation of self, even in the courtroom, is casual dress.     

浅谈领导者危机公关中的媒体应对

领导者在危机公关中能否更好地应对媒体,是妥善处理突发公共事件系统工程中的重要环节。本文从提高领导者危机公关中媒体应对能力的重要性入手,分析了领导者危机公关中媒体应对的原则,指出了领导者媒体应对容易产生的误区。提出了领导者危机公关中媒体应对的策略,旨在提高领导者在危机公关中的媒体应对能力,把突发事件带来的危害降低到最低限度。