Excessive risk disclosure: the effects of the law on medical practice

This article examines the debate surrounding the challenging concept of informed consent. It argues whilst the English courts have effectively excluded the use of the tort of battery as an appropriate mechanism for protecting a patient's right to self-determination, they have left the law in a state of flux due to the uncertainties associated with categorising similar claims within negligence where the onus is on risk disclosure. This confusion may stem firstly from the fact that medical practitioners are unsure exactly which risks to disclose, and secondly, from the way in which both doctors and patients perceive the consent process. The paper suggests this disorder may be having a detrimental effect on medical practice as medical practitioners are taking it upon themselves to disclose excessive information, which patient's may not want or need. A suggestion is also made that in these situations, in order that the law truly respects self-determination, consideration must be given to the patient's desire to waive their right to informed consent.     

Psychological factors influencing religious congregation members’ reporting of alleged sexual abuse

ABSTRACT

The sexual abuse of children within religious institutions has become a topic of increasing public concern in recent decades. However, to date there has been little in the way of psychological analyses of the processes by which congregation members judge the credibility of alleged abuses, or whether they would intend to report such allegations to the police. In this study, we examined the roles of ingroup identity, moral foundations, and social dominance orientation on reporting intentions and allegation credibility assessments among Church of England congregation members (n?=?454) and non-religious controls (n?=?457). While there were few predictors of reporting intentions, we found that churchgoers were consistently more sceptical of allegations of abuse, with these trends being differentially moderated by ingroup identification, the endorsement of various moral impulses, and anti-egalitarianism. We discuss our data in light of ongoing attempts to improve reporting procedures within the Church.     

Drug access,patents and global health: 'Chaffed and waxed sufficient'

In July 2000 the UN Committee on Economic, Social and Cultural Rights issued a General Comment on the Right to the Highest Attainable Standard of Health. At paragraph 10 the Committee makes the following admission: 'Since the adoption of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 1966 the world health situation has changed dramatically and the notion of health has undergone substantial changes and widened in scope. More determinants are being taken into consideration, such as resource distribution and gender differences. A wider definition of health also takes into account such socially related concerns as violence and armed conflict. Moreover, formerly unknown diseases, such as HIV and AIDS, and others that have become more widespread, such as cancer, as well as the rapid growth of the world population, have created new obstacles for the realisation of the right to health which need to be taken into account when interpreting article 12.'¹ The need to understand why and how 'the notion of health has undergone substantial changes and widened in scope', the forces that are contributing to this redefinition, and the implications for governments, multinational pharmaceutical companies and ordinary people is the subject of this article. In particular global health is assessed according to the extent of global access to life improving-medicines, and the surmountable barriers that prevent this.     

Sovereignty and Human Rights: Re-examining Carter’s Foreign Policy Towards the Third World

This analysis examines the evolution of Jimmy Carter’s human rights policy towards the Third World during the course of his Administration. By exploring the impact of the Soviet invasion of Afghanistan and the Soviet-backed Vietnamese invasion of Cambodia, it analyses how Carter responded to international outcry by pairing sovereignty as a human right, which specifically appealed to the concerns of newly independent nations in the late 1970s. Carter’s shift is explained first by a brief outline of his initial human rights policy and stumbling blocks; second, by examining Third World responses to the dual invasions; and, finally, exploring how this affected Carter’s human rights policy. It moves beyond claims that Carter abandoned his human rights agenda as he encountered an increasingly volatile international environment, instead examining the very real ways that he re-imagined this policy in the face of a changing global landscape.     

‘We who strive for the foundation of a principle’: feminism and suffrage in the biography of Bessie Parkes Belloc

ABSTRACT

Bessie Rayner Parkes (later Belloc, 1829–1925) was a central figure in British women’s rights activism during the 1850s and 1860s. She was founding editor of the feminist English Woman’s Journal and one of the organisers of the pioneering 1866 petition for women’s suffrage. She lived long enough to witness some women gaining the vote in 1918, by which time her children, Marie Belloc Lowndes and Hilaire Belloc, were themselves public figures who had taken up opposing positions on women’s suffrage. This article takes as its starting point 1866, a pivotal moment in nineteenth-century agitation for women’s suffrage and in Parkes Belloc’s individual biography, before moving to a longer view of her feminist life before and after this date. It demonstrates the value of a biographical approach to exploring the diversity of perspectives and experiences of women within first-wave feminism and the suffrage movement.     

All Het up! Rescuing Heterosexuality on the <Emphasis Type="Italic">Oprah Winfrey Show</Emphasis>

The Oprah Winfrey Show provides an interesting set of contradictions. On the one hand, it appears to challenge common-sense assumptions about relationships, specifically heterosexual relationships (for example, by consistently raising issues of sexual violence within a heterosexual context). Yet, at the same time, Oprah's presentation often works to reinforce precisely the norms she seeks to challenge. Through a close analysis of a selection of programme clips from one particular programme among many about relationships, sexuality and families, this article will consider the ways in which the Oprah Winfrey Show both problematizes and yet normalizes the boundaries of heterosexuality. Here we shall discuss both the resolute exposure and exploration of what could be termed the casualities of normative (and compulsory) heterosexuality and, paradoxically, its recuperation as a ‘rational’ ideal. In exploring the ways in which this recuperation takes place, we shall begin with a brief consideration of two of the key discourses which shape the show: the discourse of therapy and that of kinship. Our analysis of the sexual politics of the Oprah Winfrey Show in these terms will focus on the programme, ‘How to Make Love Last’ (18 January 1993). Like so many other programmes, ‘How to Make Love Last’ intends to highlight and deal with problems within heterosexual relationships as distressing but solvable (through the medium of therapeutic self-help). At another level, however, the programme also (unwittingly) reveals a different order of problems which, ironically, can only be reinforced by the mode of rescue proposed and staged.     

Uruguay’s long transitional decade and a new era of gendered activism

This article examines the nature and type of women’s activism before, during, and after Uruguay’s dictatorship, arguing that advocacy during the latter part of the country’s military rule paved the way for an increased role for women in society after democracy was restored. Focusing on the female-led movement to place the 1986 Ley de Caducidad (Law of Expiry or amnesty law) before a national referendum, it analyzes how women marshaled a gendered identity that had been effective in campaigning against the military. Through examining connections between earlier women’s movements and the 1980s, the article explores how challenging a key piece of legislation in the recently restored democratic environment ultimately forged a new era of activism for women in post-authoritarian Uruguay. The article ultimately rethinks the process of Uruguay’s transition, the continual negotiations over what is included in human rights discourse, and the importance of gendered activism in transitional societies.