A Statistical Method for Reassociating Human Tali and Calcanei from a Commingled Context

In a commingled context, assessing that a talus and a calcaneus correspond to the same individual could become a primary step for accurately sorting human remains. For this purpose, the lengths and widths of the trochlea, posterior calcaneal articular surface, and posterior talar articular surface were measured in 197 individuals (105 males, 92 females) from the Athens Collection. A total of 12 highly accurate equations for reassociating tali and calcanei were developed, using simple and multiple linear regression analysis and they were found to be suitable for sorting commingled human remains. Bilateral asymmetry and sex did not have an effect on the accuracy of the method.     

Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office: Victim Status,Extraterritoriality and the Search for Principled Reasoning

In Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office the UK Investigatory Powers Tribunal found that the relevant standard of ‘victim status’ that applies in secret surveillance cases consists in a potential risk of being subjected to surveillance and that the European Convention on Human Rights does not apply to the surveillance of individuals who reside outside of the UK. This note argues that the Tribunal's finding regarding the victim status of the applicants was sound but that the underlying reasoning was not. It concludes that the Tribunal's finding on extraterritoriality is unsatisfactory and that its engagement with the European Court of Human Rights case law on the matter lacked depth. Finally, the note considers the defects of the Human Rights Watch case, and the case law on extraterritoriality more generally, against the backdrop of the place of principled reasoning in human rights adjudication.     

欧洲人权法院对质询问规则的转变及启示-以“卡瓦贾诉英国案”为主线的考察

由《欧洲人权公约》第6条第3款d项之规定所形成的对质询问规则，在欧洲人权法院审理“卡瓦贾诉英国”一案之后发生了根本性的变化，即从“唯一或决定性规则”转变为了以“三步审查规则”为内容的“卡瓦贾检验标准”。导致这一变化的原因，不仅源于英国法的影响，也有欧洲人权法院对公正标准的调校以及应对案件激增的考虑。而以该案为主线的考察对我国无疑也有着积极的借鉴意义。     

The fight against crime and/or the protection of privacy: a thorny debate!1

This article analyses a recent legislative provision adopted by the Belgian legislator imposing on all communication service providers the requirement that they retain traffic data for a minimum period of 12 months, in addition to the recent European debates about Echelon and traffic data retention in the light of the requirements of Article 8 of the Council of Europe Convention on Human Rights and Fundamental Freedoms. The equilibrium between state security requirements and privacy protection imperatives leads the proposal of a certain number of limitations, as regards to cyber‐surveillance by governmental authorities in order to maintain the efficient functioning of our democracies.     

Resolution of small-scale commingling: a case report from the Vietnam War

A case is reported that involves the commingled skeletal remains of two individuals who died in a helicopter crash in 1969 during the Vietnam War. The incomplete portions of two bodies were initially recovered soon after the crash. These portions were identified by personnel at a U.S. Army Mortuary in Saigon and were returned to the next-of-kin. While searching for scrap metal in 2002, a Vietnamese citizen unexpectedly discovered human remains and personal effects interspersed with buried aircraft wreckage. The personal effects correlated with the individuals who died in the 1969 incident. These newly discovered remains and artifacts were subsequently received at the U.S. Army Central Identification Laboratory, Hawaii (CILHI) for analysis. As part of the CILHI analysis it was necessary to segregate the commingled remains into specific individuals for identification purposes. Details regarding various sorting techniques are described that provide a solid framework for systematically dealing with small-scale commingling. The sorting techniques used in the resolution of this case consist of visual pair-matching, articulation, process of elimination, osteometric comparison, and taphonomy. These techniques, when used in conjunction with each other, provided a solid basis for the individualization of most skeletal elements.     

New report profiles syringe access in California

A case study conducted by Human Rights Watch in California reveals that counties have to declare a local health emergency if they want to set up a needle exchange program. Even where such programs have been established, police harrassment of the needle exchange clients is widespread.     

Popular post-separation parenting smartphone apps: An evaluation

In recent years a bewildering array of smartphone applications (“apps”) has emerged to support separated parents' communication. Post-separation parenting apps vary in cost and features; they typically comprise a messaging tool, shared calendar, expense tracker and a means to export records for legal purposes. A key challenge for separated parents and family law practitioners alike is knowing which apps or app feature(s) can work well for different family contexts, needs and budgets. The present study sought to evaluate nine popular post-separation parenting apps and their features using small-n Human–Computer Interaction methods. Mediators role-played high conflict ex-couples while completing a set of five common post-separation communication or organizational tasks. A cross-case analysis of ratings was conducted. We found that (a) many of the mediators changed their apparent enthusiasm for co-parenting apps once they had used the apps themselves; (b) all nine apps were rated somewhere between “Poor” to Fair’; and (c) features of some of the best-known apps were not rated as highly as some of the features of more recent, lesser-known apps.     

A study of section 3 of the Maltese Official Secrets Act,its Canadian and British counterparts and its effects on freedom of expression

This article answers the question whether s 3(1) of the Maltese Official Secrets Act breaches freedom of expression as contained in art 10 of the European Convention of Human Rights and s 41 of the Constitution of Malta. Article 10 of the European Convention of Human Rights is briefly analysed in the light of obtaining case law of the European Court of Human Rights. Section 3(1) of the Maltese Official Secrets Act – which finds counterparts in several Commonwealth criminal law statutes – is subsequently studied by reference to United Kingdom and Canadian case law. A freedom of expression impact assessment of s 3(1) of the Official Secrets Act is carried out with the ensuing conclusion being that only s 3(1)(c) of the Maltese Official Secrets Act might, in certain circumstances, constitute a breach of art 10 of the European Convention of Human Rights and s 41 of the Constitution of Malta.     

The Law Lords and Human Rights

This article presents an empirical analysis of the impact of the Human Rights Act on the House of Lords. Drawing on a database of judgments from 1994 to 2007, changes in judgment‐giving behaviour are identified by charting patterns of agreement and dissent across different categories of case. Voting records are also examined in order to identify whether significant differences exist between individual Law Lords in their approach to human rights cases.     

论欧洲人权机构对人身自由与安全权的保护

人身自由与安全权是一项重要的基本人权,同时也是实现其他权利的基础.作为<世界人权宣言>发表后诞生的第一个区域性人权保护组织,欧洲人权机构通过其丰富的判例对"人身自由"与"人身安全"内涵作出界定,确立了人身自由与安全权保护的一系列标准,并注重对被依法剥夺人身自由者所享有的权利的保护,但是,欧洲人权机构在保护人身自由与安全权方面存在人权委员会与人权法院对个案的决定相互矛盾的问题,欧洲人权法院对个别案件作出的判决也存在对公约的规定适用不当和对该项权利保护乏力的问题.     

Homosexuality and the African Charter on Human and Peoples' Rights: What Can Be Learned from the History of the European Convention on Human Rights?

Despite differences between the European Convention on Human Rights (ECHR) and the African Charter on Human and Peoples' Rights (ACHPR) in terms of the substantive rights guaranteed and machineries to enforce them, both instruments have been foundational in the establishment of organizations that share a common history of rejecting human rights complaints from homosexuals. Although the contemporary jurisprudence of the European Court of Human Rights (ECtHR) on homosexuality may contrast sharply with that of the African Court on Human and Peoples' Rights (ACtHPR) and the African Commission on Human and Peoples' Rights (ACmHPR) – because the ACtHPR and ACmHPR have never upheld a complaint relating to sexual orientation – the early history of the ECtHR and the former European Commission on Human Rights (ECmHR) mirrors the current African stance. This article explores what those seeking to develop gay and lesbian rights in Africa might usefully learn from the historical evolution of similar rights under the ECHR.     

The Human Rights Act: A View from Below

The paper is based on survey work undertaken in the Cynon valley, south Wales, an area of high social deprivation. We interviewed local solicitors to establish their understanding and usage of the Human Rights Act (HRA). Outside of south Wales there is evidence of growing awareness and involvement of specialist practitioners in human rights actions. This we call a top-down process. Our work starts at the other end: a bottom-up account of high-street, small-practice solicitors.     

Reviews

Improving the Protection of Human Rights: European Human Rights Convention in Domestic Law: A Comparative Study. By Andrew Z. Drzemczewski. [Oxford: O.U.P. 1983. xiv and 372 pp. inc. Bibliography, Tables and Index. Hardback: £30.] Improving the Protection of Human Rights: Evaluating Witness Evidence. Edited by S. M. A. Lloyd-Bostock and B. R. Clifford. [Chichester: John Wiley and Sons. 1983. x and 305 pp. £19-95.] Improving the Protection of Human Rights: The Constitution, The Courts, and Human Rights. By Michael J. Perry. [New Haven and London: Yale University Press. 1982. xi and 241 pp. £18-50.     

Human rights is not enough: The need for demonstrating efficacy of an ethical approach to interviewing in India

Purpose. The present study compared attitudes about Human Rights (HR) and the advocation of coercive interviewing practices amongst Indian Police Officers, Offenders and a sample from the General Public. Method. 100 Police Officers, 50 Offenders and 50 members of the General Public completed a questionnaire that assessed their attitudes about the Human Rights of suspects and the use of coercion in suspect interviews. Results. Police Officers and the Public accepted both custodial violence and the use of intimidating interrogation strategies more readily than Offenders. They were also more prepared to suspend Suspects' Human Rights. Further, individuals who scored high on a coercive belief scale (CBS) were particularly inclined to favour custodial violence and suspend Human Rights. In addition, the self‐reported frequency with which Police Officers used intimidating and non‐intimidating interviewing techniques was related to their beliefs about Suspects' Human Rights and the extent to which they perceived intimidating interviewing methods to be useful. Conclusion. Attitudes about effective interviewing strategies may well be embedded within a broad social context. The effectiveness of a Human Rights Agenda requires that officers in India are informed of the effectiveness of ethical interviewing standards and the practical and legal dangers of using inappropriate methods.     

The Islamic Headscarf: An Example of Surmountable Conflict between Sharî'a and the Fundamental Principles of Europe1

Abstract: The demand by certain Muslims living in Europe to wear the Islamic headscarf has led to important cases, before the courts of the Member States of the Union as much as before the European Court of Human Rights, above all with regard to public education. The Court of Human Rights and the Member States have taken different positions concerning the licitness of wearing the headscarf. The solutions adopted are, in fact, strongly influenced by the classical concept of relations between Church and State. In schools in Germany, where a relationship of cooperation exists between Church and State, the wearing of the veil is allowed, but only for the pupils, not for their teachers. In France, which has a model of strict separation between Church and State, neither teachers nor pupils are allowed to wear the veil. The tensions linked to wearing of the headscarf are but one example of conflict between sharî'a and the fundamental principles of Europe. These conflicts are not insurmountable. However, they do require efforts from both sides. The EU and the Member States must break with discriminatory practices against Muslims. The Muslims of Europe must construct a ‘European Islam’, re‐reading sacred texts in light of the characteristics and the values of the European societies in which they live.     

Regulating surrogacy--a contravention of human rights?

On the 2nd of October 2000, The Human Rights Act 1998 came into full force, signalling the incorporation of The European Convention on Human Rights into U.K. law. Areas of law believed to be inconsistent with the Convention may now be challenged in both The European Court of Human Rights and domestic courts. This article considers whether existing laws on the regulation of access to infertility services, in particular surrogacy, will be deemed incompatible with the ECHR. Human rights as enshrined within Articles 8 and 12 will be examined in light of recent suggestions that there may arise legal challenges by those who have had access to reproductive services restricted or denied. It will be shown that, although existing and potential future controls may arguably infringe these rights, it is nevertheless unlikely that they will be held to be in contravention of The Human Rights Act 1998.     

DNA Identification of Commingled Human Remains from the Cemetery Relocated by Flooding in Central Bosnia and Herzegovina

The floods in Bosnia and Herzegovina in May 2014 caused landslides all over the country. In the small village of ?eri?i, near the town of Zenica, a landslide destroyed the local cemetery, relocated graves, and commingled skeletal remains. As the use of other physical methods of identification (facial recognition, fingerprint analysis, dental analysis, etc.) was not possible, DNA analysis was applied. DNA was isolated from 20 skeletal remains (bone and tooth samples) and six reference samples (blood from living relatives) and amplified using PowerPlex^® Fusion and PowerPlex^®Y23 kits. DNA profiles were generated for all reference samples and 17 skeletal remains. A statistical analysis (calculation of paternity, maternity, and sibling indexes and matching probabilities) resulted in 10 positive identifications. In this study, 5 individuals were identified based on one reference sample. This has once again demonstrated the significance of DNA analysis in resolving the most complicated cases, such as the identification of commingled human skeletal remains.     

Prisoners' Families and the Regulation of Contact

This article explores HM Prison Service policy and the impact of case law on the rights of prisoners to family contact. First, state provision and policy for prisoner-family contact is reviewed and the constraints imposed on contact over the past decade are explored. A number of legal challenges to these constraints have been made recently and, drawing on domestic case law and challenges in the European Court of Human Rights we explore the nature of prisoners' rights of contact in prison. This analysis shows that while fathers' rights for indirect contact are upheld, their rights are not respected as much as those of mothers in cases of direct contact and also that men unable to establish family life have their rights further eroded. Drawing upon empirical research findings as well as case law, the relationship between the Prison Act 1952 and the Children Act 1989 is considered and policy recommendations are put forward.     

The Human Rights Act 1998 and the individual's right to treatment

The right to demand treatment--even when life-saving--is not recognised by English common law. The courts have consistently stated that they do not have the jurisdiction to order a doctor to perform a particular treatment. This article considers whether the impending Human Rights Act 1998 can be interpreted so as to allow this right. While a general right to treatment is discussed the argument focuses on life-saving treatment. As an illustration, the David Glass case will be analysed and the impact of the Human Rights Act will be examined by considering how the judgment might have differed had the Act been in force.     

Servitude and Forced Labour in the 21st Century: The Human Rights of Domestic Workers

Organisations and scholars have recently drawn attention towhat they call a modern form of slavery, ‘domestic slavery’.Domestic workers in Europe and elsewhere live and work in appallingconditions and are vulnerable to abuse. This article describesthe problem, presents the relevant legal instruments and analysesa decision of the European Court of Human Rights, Siliadin vFrance, where France was found in breach of the prohibitionof slavery, servitude, forced and compulsory labour under theEuropean Convention on Human Rights. The paper examines thegrowing interaction between international labour law and internationalhuman rights law. It argues that the decision in Siliadin andits legal implications constitute a positive first step towardsaddressing the problem of the coercion and vulnerability ofmigrant domestic workers.