Freedom of Opinion and Freedom of Expression: Some Reflections on General Comment No. 34 of the Un Human Rights Committee

The United Nations Human Rights Committee is a body of 18 independent experts (including a member from the Netherlands, Professor Cees Flinterman) who are tasked with monitoring compliance with the provisions of the 1966 International Covenant on Civil and Political Rights (in force 23 March 1976). The Committee deploys four principal activities — periodic examination of State Party reports, interpretation and progressive development of the provisions of the Covenant in the form of General Comments, and adjudication of individual complaints under the Optional Protocol, as well as follow-up procedures. This article analyzes the Committee’s second General Comment on Article 19 of the Covenant, which stipulates freedom of opinion and freedom of expression. In 52 paragraphs the General Comment systematically examines, defines and delimits the concepts contained in the three subparagraphs of Article 19, basing itself primarily on the Committee’s concluding observations upon examination of State Party reports and on the case-law in response to petitions under the Optional Protocol. The Committee highlights the primacy of freedom of opinion, recognizing that it is crucial for a democratic society that persons have access to truthful, reliable and pluralistic information, including through the internet, in order to develop a personal opinion whose expression must then be protected by law. The Committee notes, however, that whereas it is inadmissible to impose any restrictions on freedom of opinion, there are certain responsibilities that attach to the exercise of freedom of expression, namely the respect of the reputation of others as well as considerations of health, morals and national security. The Committee holds that so-called ‘memory laws’ as well as blasphemy laws are incompatible with Article 19 and that defamation laws must strike a balance between competing rights and interests. Paragraph 49 of the General Comment clearly affirms the right to hold non-conformist historical views and the right to be wrong. While it is not the function of lawyers or judges to establish what historical truth is, Article 20 of the Covenant imposes an obligation on governments to prohibit incitement to racial hatred or violence, the criminalization of which requires narrow definition of the elements of the crime.

     

Assessing reliability, validity, and clinical utility of the BEST-Index in measuring living skills among forensic inpatients

The assessment of behavioral change as a result of inpatient treatment in forensic psychiatry is an important precondition for violence risk prediction in forensic psychiatry. In relation to a multitude of diagnostically based risk assessment instruments, there is a shortage of appropriate instruments with which to carry out valid and reliable therapeutic assessments that are behaviorally based and therefore appropriate for use within varied psychiatric contexts. There is also a need for instruments which will offer assessors the opportunity to examine possible relationships between criteria of social risk and criteria of more general aspects of social functioning. Tapping the issues pointed out above, the authors present an overview of a normatively based social profiling instrument (the BEST-Index), and discuss evidence for its validity, reliability, and aspects of clinical utility.     

Piophila megastigmata (Diptera: Piophilidae): first records on human corpses

Piophila megastigmata McAlpine, 1978, for many years only known from South Africa, was recently recorded in Spain. The present work reports for the first time the occurrence of P. megastigmata in human corpses in Portugal. The species was also collected in succession studies conducted with piglet carcasses, where it coexisted with Stearibia nigriceps (Meigen, 1826), showing similar periods of presence in the carcass. However, P. megastigmata was more abundant than S. nigriceps in autumn, with the opposite in summer. During winter neither species was able to colonize carrion and in spring, only S. nigriceps. This first record of P. megastigmata in human corpses confirms it as a potentially useful forensic species in Europe. The species, well established in the Iberian Peninsula, probably has a wider distribution but has been previously overlooked and possibly confused with Piophila casei (Linnaeus, 1758) in many studies.     

Environmental conditions associated with shark attacks against humans: a case report about territoriality

This article describes the autopsy findings of a victim of a shark attack that took place off the coast of Pernambuco, Brazil. The victim was rescued and immediately taken to a nearby hospital but did not survive, even though the lapse of time between the attack and verification of death did not exceed 15 minutes. The presence of a single, large, contused and incised, semiarched wound with a serrated aspect was decisive in elucidating the event. Thus, this study discusses aspects related to the aggressor species, to the autopsy, to the type of wound, and to the causes that have led to a significant increase in this type of event in the area. It was concluded that the lesion was produced while the victim was still alive and that it was the cause of death.     

Camouflaging Facial Emphysema: A new syndrome

Some cosmetic products manufactured in Korea for the treatment of eczema, seborrhea and psoriasis have been suspected to contain anti-inflammatory corticosteroids such as prednisolone, hydrocortisone, betamethasone, dexamethasone and triamcinolone acetonide without these ingredients being indicated on the label. Due to their severe side effects such as permenent skin atopy, these corticosteroids have to be monitored in cosmetic products from a forensic point of view. Many cosmetic product samples (N=65) have been collected from both local and online markets in Korea. The corticosteroid content of these samples was analyzed by LC-MS/MS with diagnostic ions (m/z). Linearity was studied with 0.1-10 μg/mL range in all corticosteroids. Good correlation coefficients (r(2)≥0.997) were found and the limits of quantification were 4.68-7.97 ng/mL for each of the corticosteroids. At three different concentrations spanning the linear dynamic ranges, mean recoveries were 97.2-113.5%and precisions (RSD) for intra-day and inter-day analysis were less than 8.9%. Also, accuracy (Bias %) was less than 11.8%. The results showed that between 0.76-0.94 μg/g levels of prednisolone were detected in four cosmetic products and triamcinolone acetonidewas detected with a concentration in the range of 11.5-272 μg/g in nine samples. This fact reveals that some manufacturers have arbitrarily added these corticosteroids in their cosmetic products without indicating them on the label. Thus, these cosmetic products have to be monitored and if proven illegal preparations removed from the market.     

Morphology of preimaginal stages of Calliphora vicina Robineau-Desvoidy, 1830 (Diptera, Calliphoridae): a comparative study

A comparative morphological study of preimaginal stages (larvae and pupae) of Calliphora vicina Robineau-Desvoidy, 1830 is presented. The entomological samples came from laboratory colonies bred under controlled environmental conditions (25°C and 60% relative humidity). In this study, a recently published technique to clear Diptera larvae for light microscopy and a standard protocol for scanning electron microscopy were used. For the morphological comparison of larval instars I, II and III, and pupae of C. vicina, different larval regions (cephalic, thoracic and abdominal, including anal division), as well the internal chitinised cephalopharyngeal skeleton, were considered separately. Our results focus on showing the changes observed throughout development for the most important structures in the cephalic region (sensilla of maxillary palpus, antennae and oral ridges), the thoracic region (the first segment and its anterior spinose band) and in the anal division of the abdominal region (posterior spiracles and shape of the papillae). In addition, some morphological structures are described or pictured for the first time, such as the ventral organ and the anterior spiracle of larva I and the antenna sensilla, Keilin's organ and wrinkled area of the anal division of all instars. The cephalopharyngeal skeleton is an important structure for the taxonomy of Diptera larvae in all instars, including Calliphoridae. Our observations in C. vicina indicate that an in-depth review of the sclerite composition is needed. Pupae and larvae stages can only be compared by following the segmentary spinose bands and the anal segment, where the morphology of the posterior spiracles and papillae can be observed, in some cases despite the reduced condition of the latter.     

Voltammetric determination of Δ9-THC in glassy carbon electrode: An important contribution to forensic electroanalysis

Teeth are recently drawing attention for their potential as biological modeling investigation samples due to their ability to be collected and their slow substance metabolism. There is no active metabolism of elements after the completion of dentin. Dentin is surrounded by enamel and cementum, and is not affected by the oral environment. Therefore, the amount of trace elements in dentin may change with age, and this is considered to be a reliable biological load index. The objectives in this study are to demonstrate concentrations of elements in the dentin of healthy Japanese subjects by sex and age, and to reveal the relationship between element levels and age. 121 healthy teeth samples were extracted due to periodontal disease or orthodontic treatment. Each tooth was sliced from the crown to the root apex into 0.5-1mm thickness, then enamel, cementum, and the pulp were removed; the dentins were used as samples. The concentration of 10 trace elements (B, Mn, Co, Cu, Zn, Rb, Sr, Mo, Cd, and Pb) in the dentin was measured using inductively coupled plasma mass spectrometer (ICP-MS). The differences Co and Pb in the dentin between men and women were significant (p<0.01). Significant positive correlation was observed between B, Co, Cu, Zn, Sr and Pb concentrations in the dentin and age (p<0.001). The results of the present study suggest that human dentin is an appropriate substance for relativity with sex and age at further future research.     

The role of alcohol and victim sexual interest in Spanish students' perceptions of sexual assault

Two studies investigated the effects of information related to rape myths on Spanish college students' perceptions of sexual assault. In Study 1, 92 participants read a vignette about a nonconsensual sexual encounter and rated whether it was a sexual assault and how much the woman was to blame. In the scenario, the man either used physical force or offered alcohol to the woman to overcome her resistance. Rape myth acceptance (RMA) was measured as an individual difference variable. Participants were more convinced that the incident was a sexual assault and blamed the woman less when the man had used force rather than offering her alcohol. In Study 2, 164 college students read a scenario in which the woman rejected a man's sexual advances after having either accepted or turned down his offer of alcohol. In addition, the woman was either portrayed as being sexually attracted to him or there was no mention of her sexual interest. Participants' RMA was again included. High RMA participants blamed the victim more than low RMA participants and were less certain that the incident was a sexual assault, especially when the victim had accepted alcohol and was described as being sexually attracted to the man. The findings are discussed in terms of their implications for the prevention and legal prosecution of sexual assault.     

Transferring knowledge in Quebec–Mexico partnerships: the case of the dairy industry

This work seeks to contribute to technology transfer case study literature, by exploring the possibilities of an international trade between Mexico and Quebec in dairy industry under an international agreement??s environment. We report this probable exchange on an exploratory study, based on previous studies made at HEC Montréal at the International Technology Transfer course. This was explored in terms of knowledge and technology transfer, involving an innovative product. We present evidence based on public information and company interviews?? results which, analyzed through a theoretical framework of knowledge and technology transfer, suggests a possible future partnership, involving knowledge transfer. Our results show that, even if the two companies selected have similar cooperative-type structures, they do not behave in similar way. Both enterprises could better complement each other in terms of R&D, marketing, benchmarking, process and entrepreneurial capabilities. Furthermore, our research indicates that both enterprises could better face on industry??s threats in domestic and international competition, which could be used as a basis for further research in international technology transfers.