Measuring legal implementation of the international guidelines on HIV/AIDS and human rights

With over 36 million people now living with the virus and over 21 million people dying of AIDS in the last two decades, HIV/AIDS is a global health and security problem. These shocking figures eclipse the human toll of many wars, and reveal in themselves that human rights are not being respected, protected, or fulfilled, either through negligent omissions or violations. A human rights approach to the epidemic was advocated early by advocates such as Jonathan Mann, who recognized that infections thrived in conditions of inequality. This approach was crystallized in the International Guidelines on HIV/AIDS and Human Rights that were developed at the Second International Consultation in 1996 convened by UNAIDS and the Office of the High Commissioner for Human Rights. The Guidelines cover three main areas: improving governmental responses in terms of multisectoral responsibility and accountability; widespread law reform and legal support services; and supporting increased private sector and community participation in effective responses to the epidemic. This article focuses on the half of the twelve Guidelines that concern rights that are justiciable and amenable to law reform. It highlights the responsibilities of States Parties to human rights treaties, as they bear the principal burden of the obligations to implement.     

Individual differences and the pursuit of legal rights

In this article we explore the role of individual differences in the proclivity to pursue legal rights. A series of field surveys and a laboratory experiment indicated that a measure of claim propensity was consistently related to the reporting of “rights” problems, the tendency to make claims in response to these problems, and preferences for styles of conflict resolution. Although the findings leave many unanswered questions that will have to be addressed in future research, the most important contribution of the article, we believe, is that it draws attention to rights, or claims, consciousness as an important phenomenon and demonstrates that it is amenable to empirical investigation.     

论职务发明人的权利及其立法保护

随着人们对创造性智力劳动作用认识的提高 ,职务发明人的权利越来越受到重视 ,如何确认并保护职务成果完成人特别是职务发明人的权利已经成为当今软科学的重要课题。本文阐述了确认职务发明人权利的意义 ,对职务发明人的权利内容作了较深入的探讨 ,并提出了职务发明人权利保护的立法建议。     

论网络空间个人隐私权的法律保护

计算机信息网络技术的迅猛发展 ,使得网络空间的个人隐私受到前所未有的严峻挑战。这种状况已经严重阻碍了电子商务和网络经济的进一步发展。强化对网络空间的个人数据和隐私权的法律保护 ,已成为国际社会立法的当务之急。本文从隐私权的传统界定与保护入手 ,引出网络隐私权的内容和保护领域 ;在此基础上论述了现阶段网络空间存在的侵犯个人隐私权的种种现象 ,揭示了保护网络隐私权的迫切性与必要性 ;最后介绍了美国和欧盟两种不同的法律保护体系的特点 ,借鉴先进法域的立法经验并结合我国目前的现状 ,提出了我国网络空间个人隐私权保护的立法建议     

Analysis on the legal protection of merchandising rights in characters

The case of cartoon character “San Mao” triggers broad debates on merchandising right in fictional characters within the academic circle of intellectual property law. For lack of explicit legal provisions and theoretical supports, the final judgments of such cases may be unfair or inconsistent. By introduction to the origin of the merchandising right in fictional characters and the practice of its protection in the US, this paper holds that China shall learn from the US comprehensive protection mode in practice, give consideration to its protection standard formed in its case law, research typical cases and, if necessary, establish the standard on protection of the merchandising right in fictional characters by judicial interpretations.     

A generalization of the obligation to prevent: From genocide convention to racial discrimination convention

The decision of the International Court of Justice in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) highlights states’ obligations under the Convention, especially the obligation to prevent. When it comes to the case concerning the International Convention on Elimination of All Forms of Racial Discrimination (“Racial Discrimination Convention”), the decision of the Court indicating provisional measures seemingly purported to generalize its jurisprudence in the Genocide Case. By elaborating this kind of new jurisprudence, the Court echoed to the responsibility to protect, as well as to Article 48 and Article 54 of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts (“Draft Articles of State Responsibility”). It appears that each State Party should have an obligation to intervene in the coming genocide incidence, perhaps as well as in the coming racial discrimination cases. Nevertheless it is unclear in what manner a state could implement it effectively.     

网络环境下远程医疗若干法律问题初探

目前，世界上还没有国家通过立法认定远程医疗。远程医疗对人类医疗卫生事业的发展有着重大而深远的意义。自主性、契约性、地域性决定了远程医疗不同的法律特征及其调整机制。网络环境下的远程医疗涉及到计算机、法律、伦理等诸多领域的问题。本文选择了远程医疗设备评估、许可证及隐私权的保护等几个法律问题进行探讨。     

Grandparents' legal rights to visitation in the fifty states and the District of Columbia

The parameters of legal visitation rights for grandparents in both biological and adoptive parenting situations are explored. Laws in each of the 50 states and the District of Columbia are summarized. Suggestions for improvement in the current system are included.     

Developments in legal and medical practice regarding the unborn child and the need to expand prenatal legal protection

Developments in legal and medical practice in the Netherlands give rise to questions regarding the legal position of the unborn child. This article provides an overview of these developments and argues--in view of developments in other countries--that current Dutch legislation regarding the unborn child is not up to date. In effect, the article challenges the idea that the actual legal protection of the unborn child under positive Dutch law can be considered proportionate, even sufficient. To support this view the author will show that abortion is not the only matter in which clarity as to the legal protection of the viable unborn child is required. This signalisation provides good cause to reconsider the Dutch perspective on the matter, thus offering a point of reference to countries with a similar interpretation of what constitutes an appropriate legal protection of the unborn child.     

Domestic violence and child participation: contemporary challenges for the 1980 hague child abduction convention

ABSTRACT

This article addresses two contemporary challenges for the 1980 Hague Child Abduction Convention: (i) domestic violence and (ii) child participation. It also outlines three components of a global socio-legal policy and research initiative undertaken to address these issues and, where relevant, their intersection. The published literature on these topics, including the children’s objections exception, is explored, as are the ways in which these challenges are addressed within some of the 101 Contracting States to the Convention and through the Guide to Good Practice on Article 13(1)(b) of the Convention. Regard is paid to the data provided by the statistical analysis of applications made under the Convention in 2015 by Lowe and Stephens, and the changes which will occur once the Recast of The European Brussels 11a Regulation comes into operation. The likely impact for 1980 Hague Convention abduction proceedings of the UK having left the European Union at 23.00 GMT on 31 January 2020 is contemplated. Other current international initiatives are discussed, including the development of a child-friendly version of the Convention through The International Association of Child Law Researchers. Training is a key to changing attitudes and upskilling family justice professionals to ensure the Convention operates in a fully child-centric way. This will maintain and strengthen the Convention by keeping it ‘fit for purpose’.