AIDS Audit – HIV and Human Rights: An Australian Pilot

This article explores the Australian pilot of a human rights audit using ten indicators in the specific area of HIV/AIDS. The new methodology has three main roles: a monitoring device to measure human rights protection in a jurisdiction's legal system against international standards; an intervention to raise local dialogue and consciousness of rights-based legislation; and an advocacy tool to stimulate law reform. It uses a tripartite process balancing independent experts, government, and community representatives. This approach attempts to overcome some of the democratic deficits identified by Power's hypothesis on the explosion of regulatory audits (1997).     

Abuse and neglect: a ten-year review of mortality and morbidity in our elders in a large metropolitan area

Elder abuse and neglect refers to an act or omission resulting in harm, including death, or threatened harm to the health or welfare of an elderly person. Between one and two million elderly Americans experience some form of mistreatment annually. A ten-year (1992-2001) retrospective case review of morbidity and mortality among elders (age > 60 years) was conducted at a State Medical Examiner's Office serving a major metropolitan region in Kentucky and Indiana. This study addresses cases of two categories: 1) medicolegal autopsies and 2) examinations of living subjects pursuant to a Clinical Forensic Medicine Program. The authors present 74 postmortem cases, in which 52 deaths were attributed to a homicidal act and 22 deaths were suspicious for neglect. Of the 22 living victims of elder abuse and neglect, 19 cases constituted physical and/or sexual assault and three individuals suffered from neglect. This study summarizes the characteristic features of elder abuse in both postmortem and living cases and underscores the necessity for multi-agency collaboration in order to reach an accurate conclusion in case work. Policies established by a well-established elder abuse task force promote the collaborative interaction necessary to formulate criteria for prevention of abuse and death within this vulnerable population.     

Clinical case management: a strategy to coordinate detection, reporting, and prosecution of elder abuse

Despite civil and criminal sanctions, elder abuse is a prevalent, underreported, and underprosecuted event in the United States. Traditional reporting legislation and common law remedies have had minimal effect on the incidence and prevalence of elder abuse. The epidemic nature of elder abuse is projected to increase exponentially as the elderly population grows disproportionately over the next several decades. The fragmented system of detecting, reporting, and prosecuting this abuse across a wide range of medical and legal settings creates a poor structure to effectively allow a potentially abused patient to have his/her abuse circumstance communicated to the relevant parties to protect the patient, have his/her situation reported and investigated, and, if necessary, have the perpetrator brought to justice. Emergency rooms and other facilities where elders present for care should be staffed by clinically trained persons who have familiarity interacting with patients and providers across settings of care, and who are trained to detect and report abuse. Nursing case managers fill this role well because they are able to coordinate efforts among acute and long-term care facilities while also being able to supply patients with legal and clinical information about elder abuse. In addition they may support prosecution efforts through their clinical observations and expertise. Hence, clinical case managers are able to coordinate efforts lacking in the current system to effectively evaluate, report, protect, and arrange for relevant services for the patient. Through clinical and special training in elder abuse, nursing case managers can provide support to prosecution efforts against the perpetrators of this most egregious crime.     

The impact of juror characteristics and victim health status on the perception of elder physical abuse

An experiment investigated mock juror perceptions of elder abuse using a community sample from Lexington, Kentucky. Two-hundred six men and women ranging in age from 18 to 88 read a fictional criminal trial summary of a case of elder physical abuse (EPA) in which the accuser was described as healthy, frail, or confused. In addition, the influence of participant age, participant gender, and attitude toward the elderly on juror perceptions of EPA was also investigated. Results showed that women had higher conviction rates than did men. Accuser health status, participant age, participant gender, and attitude toward the elderly affected other rating variables including accuser believability, accuser inaccuracy, defendant believability, and verdict confidence. Results suggest implications for how EPA cases are perceived in court.     

Risk factors for victimization of younger and older persons: Assessing differences in isolation, intra-individual characteristics, and health factors

Researchers have examined whether different risk factors predict elder abuse and victimization. Among the more commonly cited risk factors are social isolation, intra-individual characteristics, and various health factors. While some studies confirmed that certain risk factors help to explain elder abuse, few researchers have compared how these risk factors address the victimization of older and younger persons. To fill this void, the current study surveyed 746 residents of southeast Virginia by telephone. Measures assessing isolation, health, and intra-individual characteristics were included on the survey. Results of bivariate and multivariate analyses showed that different risk factors exist for younger and older persons.     

Legal Consequences of EU Accession for Central and Eastern European Health Care Systems

Since the ratification of the Europe agreements, Eastern European accession countries are transposing community law into their national legal framework. The law approximation process in the field of health concerns three themes, viz public health, health–related issues, and the internal market. Although the health acquis has been largely focused on public–health issues, it is increasingly becoming clear that internal market treaty provisions may also affect health–related rights. For candidate member states this means that the common market has important consequences for health and their health–care systems. Therefore, this paper will examine the impact of relevant treaty provisions on acceding countries' (public) health legal framework.     

Potential legal protection problems in the use of compulsory commitment in mental health care in Norway

Compulsory commitment in mental health care represents a dramatic infringement on an individual's life. In Norway, this deprivation of liberty is based on a professional medical assessment that does not require a court verdict. This article presents possible changes that may increase legal protection for the mentally ill. The concept of legal protection has at least two definitions: the state's protection of the individual's legal rights (including the right to health care) and the protection afforded to citizens from abuse and arbitrary actions by the state. Infringements on personal liberty without consent require such legal authority as is found in the Human Rights Conventions. These Conventions have precedence over national laws. Norwegian legislation is based on confidence in psychiatry as a profession. This confidence allows professionals to treat patients against their will. In some countries, initial court action is necessary before compulsory mental health care can be implemented. This should also be possible in Norway in most cases, with the exception of life-threatening situations.     

Elder Abuse by Caregivers: A Study of Prevalence and Risk Factors in Hong Kong Chinese Families

This study aimed to establish preliminary estimates and related risk factors for elder abuse among Hong Kong Chinese families. A total of 276 elder Chinese participated in the study, among which 27.5% reported having experienced at least one abusive behavior committed against them by their caregivers during the surveyed year. The most common form of abuse was verbal abuse (26.8%), whereas physical abuse (2.5%) and violation of personal rights (5.1%) were relatively less common. There was no gender difference in the prevalence of elder abuse. Overall and verbal abuse were best predicted by participants' poor visual and memory abilities, dependence on the caregivers, and caregivers' nondependence on them. Physical abuse was best predicted by caregivers' nondependence on the participants as well as participants' dependence on the caregivers. Participants' age was the only significant predictor for violation of personal rights. Results, limitations, and implications of the study were also discussed.     

The Need for a Stronger Definition: Recognizing Abandonment as a form of Elder Abuse Across the United States

Elder abuse is a growing public health problem in the United States and statistics show that each year, hundreds of thousands of elders are abused in some manner. This Note discusses elder abuse while focusing specifically on the occurrence of elder abandonment and how the majority of states do not recognize elder abandonment as a form of elder abuse in their statutes. Moreover, this Note proposes a model statute to be adopted by every state in an effort for elder abandonment to become more widely reported. Elder abandonment is an unfortunate phenomenon and those who contribute to elder abandonment should face criminal liability similar to those abusers who engage in elder neglect or other types of elder abuse. Furthermore, this Note emphasizes that there should be a greater focus on how caregivers can seek assistance in order to prevent elder abuse in the United States.     

Thymus and adrenal glands in elder abuse

Endogenous glucocorticoid-induced thymic involution is generally considered to be an important finding for determining child abuse. The present study investigated the weight of the thymus and the adrenal glands in elder abuse cases to identify a potential marker for elder abuse. There was no significant difference in the thymus and the adrenal weight between elder abuse and control cases. However, the elder abuse cases in which the duration of abuse was less than 3 months showed a significant increase in the adrenal weight in comparison to control cases. In such cases, histopathological findings showed a loss of intracellular light granules from the zona fasciculata, which might indicate a loss of cholesterol due to the overproduction of glucocorticoid. These results might imply that the elderly, who were maltreated for less than 3 months, were in the early phase of a long-term stress state during which stress-induced overproduction of glucocorticoid was observed in adrenal glands as indicated by Selye. Our results suggest that an increase in adrenal weight may be a potential marker for elder abuse of relatively short periods, especially less than a few months.     

A Multidisciplinary Approach to Detecting and Responding to Elder Mistreatment: Creating a University-Community Partnership

As the aging population grows, the problem of elder mistreatment is escalating. Cases of elder mistreatment are anticipated to increase further as the—baby boomers age and the number of elderly individuals living and receiving care at home increases (Stiegel 2006; Kennedy 2005; Meeks-Sjostrom 2004). While there has been increasing attention placed on understanding the dynamic of elder mistreatment, advancement of public policy and scholarly work has been hampered due to the fact that much of this work occurs in disciplinary silos. This paper spotlights one example in which university scholars from various disciplines partnered with social service providers, legal professionals, and healthcare educators in the community to enhance the development of a sustainable comprehensive elder justice network.     

When (Some) Prostitution is Legal: The Impact of Law Reform on Sex Work in Australia

In Australia, prostitution regulation has taken a very different path from many other countries. Law reform has led to the opening of some significant new spaces for legal sex work, including the (very different) regulatory regimes established in two Australian states – Queensland (brothels legal if their owners are licensed) and New South Wales (most commercial sex businesses and some street prostitution decriminalized; no licensing regime). The main research question is: how has regulation impacted on the positive rights of sex workers? I argue that law reform has engaged a mix of neo-liberal and other approaches – not to increase personal or corporate freedom but as part of a practical strategy designed to control a range of social problems, such as police corruption and organized crime. Neo-liberal regulation of prostitution in Australia has always been deployed in tandem with other modes of regulation – including new criminal law and policing strategies, planning law, health regulations, and (of course) moral regulation.     

Human Rights Law: Australia and Slovenia

The human rights legal framework of Australia and Slovenia are vastly different. This article explores the evolution of human rights laws of Slovenia and Australia. While the study and comparison of Australia and Slovenia is uncommon, and not often used as an example to highlight aspects of human rights, both states have a long history of cooperation. The first Slovenian reportedly arrived in Australian in 1855. Since then, and particularly following World War Two, there has been a steady stream of Slovenian’s migrating to Australia. Slovenia upon independence prepared a new constitution that reflected the democratic human rights of the European Union, in 1991, and ratified the European Convention on Human rights in 1994. This article highlights how the opportunity Slovenia had to develop a new constitution, they were able to include many human rights that are often found in legislation. Australia’s constitution came into effect in 1901. Being more than 100 years old, there has been no attempts to revise the Australian constitution and expand the current express human rights. This article will determine whether the European Union’s human rights laws have not only influenced Slovenia’s human rights laws, but also Australia’s. This article suggests that Australia has much to learn from the Slovene experience, but is constrained by its constitution and region. This article highlights how a state formed in recent times, has had the opportunity to develop a constitution that reflects modern day human rights while an older state with longer established democracy has fallen behind in its protection of human rights.     

Responding to the Harassment and Abuse of Older People in the Private Rented Sector: Legal and Social Perspectives

Independent living, and hence active ageing, is seen by some governments as being supported through enabling and encouraging older people to live in mainstream housing. However, this emphasis upon ‘staying put’ and ‘ageing in place’ needs to recognise the major housing difficulties that are faced by some older people.

This paper presents findings from an exploratory study, funded by Help the Aged, of the harassment and abuse of older people within the private rented sector. Examples of the wide range of arguments, disputes and conflicts with landlords and other residents will be provided. The second half of the paper considers the legal remedies that might be available for tackling some of these problems and the present obstacles to their use. Finally, legal remedies will be compared with more social policy based approaches which draw upon the framework relating to the protection of vulnerable adults.     

Personal Data Protection in Nigeria: Reflections on Opportunities,Options and Challenges to Legal Reforms

The right to personal data protection is, without doubt, an important right in the jurisprudence of rights in the contemporary information society. It is becoming as crucial as other orthodox human rights and also attracting significant attention from academics, lawyers, human rights activists and policy makers. In spite of the growing attention data protection receives at international and regional levels, Nigeria is still lagging behind many competitor states like South Africa in establishing an effective legal framework to protect personal data. Individuals’ personal data is being collected and used without any serious form of control to check against abuse. This paper reflects on opportunities, option and challenges to legal reforms on data protection in Nigeria. It contends that certain legislative and practical challenges stand in the way of an effective legal regime on personal data protection. The paper suggests appropriate legal reforms that are needed to enable prevent the increasing risks of violating the right to data protection in a country that is making rapid advances in Information and Communication Technology but hamstrung by an outdated regulatory framework.     

Unsettled Times for American Families

In Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights (2014), Sandra Levitsky reveals how an enduring ideology of family responsibility and a decoupling of social support groups from organized advocacy constrains mass legal mobilization to address long‐term elderly care in the United States. This essay argues that American families have entered an unsettled period linked to social inequality, young adult living arrangements, immigration, and institutional shifts related to LGBTQ families, workplace‐family conflict, and the criminalization of elder abuse. These changes to the family may create the conditions for questioning the ideology of family responsibility and new possibilities for collective action with potentially contradictory meanings and lines of action, including politicization and legal mobilization.     

商业秘密保护中的价值冲突与权利冲突研究

在商业秘密法律保护中存在着一系列的价值冲突与权利冲突。法律对任何权利的保护都应是有限度的,否则将容易造成权利人对权利的滥用。因此,法律对商业秘密的保护应有一定的限制。在对商业秘密保护中的价值冲突、权利冲突进行分析的基础上,借助法经济学和法理学的分析方法探讨冲突的解决问题。在坚持追求价值最大化的前提下,尊重社会主导价值观和社会总体利益,贯彻共同抑制标准和效率优先、兼顾公平原则来寻找权利保护的临界点和平衡点,从而解决冲突。     

Elder abuse detection in nursing facilities: using paid clinical competence to address the nation's shame

Each year, five million senior citizens are the victims of abuse in our country-and that figure is a likely underestimate. In California alone, it is estimated that over 225,000 seniors are abused annually. Nursing home residents are particularly vulnerable to abuse, with one-fifth to one-third of these institutions cited for abusive activities that result in actual harm. Regular violations of minimum care regulations by nursing homes have been documented in every state. Despite legal protections, as a practical matter, the review, assessment, and investigation of nursing home care and potential senior abuse is the primary responsibility of voluntary ombudsmen. These volunteers are responsible for regular visits and determination of nursing home quality and resident treatment. This Article contends that, despite their commitment to the cause, voluntary ombudsmen are not a sufficient cure for the scourge of elder abuse. Rather, clinically-trained personnel with legal knowledge must assume the role that lay volunteer ombudsmen are inappropriately expected to play. Use of clinical case managers, who have expertise in assessing clinical factors and can be trained in legal matters, offers significant potential to assist in the detection, and, further, reporting and prosecution of elder abuse. The author concludes that only through use of those with appropriate training and knowledge can the epidemic of elder abuse be effectively addressed.     

Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto

Interventions in public health crises inevitably give rise to concerns about how the balance between rights concerns and community health security might be handled. During the SARS global health crisis, different jurisdictions struggled simultaneously with similar public health challenges posed by the previously unknown and deadly disease. Yet instead of a convergence of strategies, different jurisdictions responded with measures, especially with regard to the use of quarantine, that revealed a pattern of divergence about how to strike the balance between rights concerns and health security. The origins of this article stem from the realization that Toronto's use of quarantine was far more extensive than that of either Hong Kong or Shanghai, two jurisdictions with historically weak records regarding respect for fundamental rights and civil liberties. Perspectives on the balancing of individual rights and community health security are treated here as expressions of legal consciousness. Instead of assuming a uniform legal consciousness in Toronto, Shanghai, or Hong Kong, this article presents legal consciousness as varied among groups of individuals differently situated in the crisis. The promise of this differentiated approach to legal consciousness is that it facilitates both drawing contrasts between perspectives of differently situated groups within the same city and noting commonalities between similarly situated groups in other cities. Through an examination of three distinct perspectives on rights and quarantine in each city—those of senior public health officials, frontline hospital workers, and contacts of SARS patients—the competing legal meanings and understandings about the tensions between community health security and individual rights during the SARS crisis are identified in a way that enables us to better understand the pattern of different uses of quarantine.     

Caregiver Stress and Elder Abuse among Korean Family Caregivers of Older Adults with Disabilities

This study aims to identify risk factors and mediating factors of elder abuse among older adults with disabilities being cared for by their family caregivers. The data were based on a sample of 1,000 primary family caregivers from the Comprehensive Study for the Elderly Welfare Policy in Seoul (2003). Hierarchical regression analysis was conducted to identify significant indicators for the degree of elder abuse, such as cognitive impairment, functional ability (ADL), caregiving involvement, economic strain, caregiver burden, and social support for the degree of elder abuse. In the full model, ADLs, cognitive problems, economic strain, caregiver burden, informal social support, and formal social support were significantly associated with elder abuse. The findings suggest that psychosocial support services and programs for family caregivers are needed to prevent and reduce the prevalence of elder abuse in South Korea. The research data were drawn with permission from the Seoul Development Institute and this project was funded by the Seoul Metropolitan City Mayor’s Office, Welfare & Women’s Bureau.