Fear of lack of adequate medical care not well-founded fear of persecution

The Federal Court-Trial Division refused to set aside the Immigration and Refugee Board's (IRB) decision that a refugee claimant was not a Convention refugee because she had not proven a well-founded fear of persecution based on her HIV status or AIDS diagnosis. The court emphasized that the fear of a lack of adequate medical treatment, without a clear link to a ground under the United Nations Convention relating to the Status of Refugees, does not constitute a well-founded fear of persecution.     

Public visibility of building not enough to start statute of limitations on architectural copyright infringement claim

A cause of action for infringement of an architectural copyrightwas held not to accrue until some ‘triggering event’put the plaintiff on inquiry notice of his claim. The Courtof Appeals rejected the proposition that architects have a generalduty to review public records or visit public sites in orderto police their copyrights; thus, the mere fact that the structurein dispute was erected in plain view of the public was insufficientto commence the limitation period.     

'Alternative' music obtained from free download music websites does not entitle SGAE to claim royalties

Proof that the music played in a public establishment is obtainedfrom free download music websites, considered together withother factors such as the fact that the establishment is a non-profitmaking cultural entity and that the music played is exotic andunknown— which the Court describes as ‘alternative’music—is sufficient to avoid the infringement of the publiccommunication copyright, even if it has not been proved thatall the songs played have been downloaded from the websitesin question.     

Fear of victimization and sensitivity to risk

The degree to which a crime is feared is dependent not only on the perceived risk of that crime, but also on individuals' sensitivity to risk. We show that sensitivity to risk varies systematically across offenses in proportion to their perceived seriousness. Based on these findings, some general principles about fear are stated, and the relation between this work and some of our earlier work on fear is discussed.     

Motion to strike claim dismissed in HIV defamation suit

On 23 April 2001, the Ontario Superior Court of Justice issued the first Canadian ruling on the issue of whether words inputing that a person is HIV-positive or has AIDS can be the basis of a defamation action per se, in the case of Serdar v Metroland Printing, Publishing and Distributing Ltd.     

Forensic medical examination of refugees who claim to have been tortured

The United Nations Convention against torture prohibits repatriation of refugees if there is reason to believe they will be tortured on return to their country. A history of torture is therefore an important factor in making a case for asylum. In this study, the results of the medical examinations of 59 torture victims investigated at the Department of Forensic Medicine, University of Aarhus, Denmark, 1996-2002, are presented and discussed. Variables including age, sex, education, health, torture methods, condition of confinement, torture aftereffects, and findings at the forensic examination were registered in a database (Paradox) and analyzed. In 70%, aftereffects of torture could be documented. These included scars after fixation, burns, incisions, or flogging. Symptoms and signs from joints, muscles, and nerves were common in victims who had been suspended. Many of the victims of phalanga had painful feet and signs of walking impairment. A majority of the victims suffered from posttraumatic stress syndrome. An independent medical report offers an opportunity to evaluate and elaborate the story told by the victim and should be used in disputed cases. We have a duty to protect refugees against torture.     

The Politics of Fear

The article attempts to analyze the mechanisms of political control used by the Kremlin vis-à-vis its rivals. Russian authorities had opted the politics of fear, which include overt intimidation and public discrediting of the regime's critics, and selective persecution and open harassment of opposition activists and/or supporters. This approach to political control to some degree reproduced similar mechanisms that had enabled regime survival in the late-Soviet period, and fit general trends of repressive policies in a number of contemporary authoritarian regimes. The article discusses causes and mechanisms of the politics of fear in contemporary Russia, its roots in comparative and historical contexts, and strengths and weaknesses of repressive policy in Russia from the viewpoints of the regime, the opposition, and Russian society.     

Ontario appellate court denies HIV-positive man's constitutional claim to medical marijuana

In January 2002, the Ontario Court of Appeal denied a claim by a Toronto man living with HIV/AIDS that Canada's laws prohibiting marijuana possession and cultivation infringe his constitutional rights to liberty and security of the person.     

Food and the challenge to identity for post-war refugee women in Australia

Abstract

In many societies, feeding one’s family in traditional and culturally appropriate ways is an essential part of being a mother and a wife. For migrants, food can play an important role in the maintenance of tradition, culture, and identity. This paper uses archival evidence, media coverage, memoirs, and oral histories to explore how policies associated with food in migrant hostels impacted on, and interfered with, the central role of food in the commensal circle of the family, and in the identification of migrant women as wives, mothers, and cultural gatekeepers. We identify three main factors that contributed to this negative cultural impact: the preparation of quintessentially ‘Australian’ menus that were alien to most of the population; communal dining arrangements which disrupted the basic social activity of commensality; and the fact that there was no need for women to prepare food for their families, and no opportunity to do so since having private cooking facilities was illegal. The impact of these eating/dining experiences on women and their families was obviously profound: even today, the topic of food and enforced communal dining is among the first and most vivid of memories, typically negative, reported by those who transitioned through the hostels.     

Fear is a Disease: The Impact of Fear and Exposure to Infectious Disease on Correctional Officer Job Stress and Satisfaction

This study examined individual and work-level factors that impact job stress and satisfaction for correctional officers. Existing research has explored officer job stress and satisfaction, but very few studies have focused specifically on fear of contracting an infectious disease while at work (HIV/AIDS, hepatitis, and tuberculosis), and the impact fear of and exposure to infectious disease have on correctional officer job stress and satisfaction. Random sample data were collected from 2,999 male and female officers from across the state of Texas to assess job stress, satisfaction, personal safety, and exposure to infectious disease. Ordinary Least Squares analyses indicated that fear of disease was positively correlated with job stress, and inversely correlated with job satisfaction. Exposure to disease however, failed to yield any significant effects on job stress or satisfaction. Officers who felt that their supervisors were supportive of them on the job reported less stress and higher satisfaction levels, while perceived dangerousness of the job was positively correlated with job stress. These findings highlight the importance of supervisory support as well as continuous, in-depth education and training on infectious diseases for officers.