The United Nations Convention on the rights of persons with disabilities

The United Nations Convention on the Rights of Persons with Disabilities, which came into force on 3 May 2008, marks the culmination of over five years of negotiations between States Parties and non-governmental organisations as to what constitute the human rights of and governmental obligations to individuals with disabilities. It differs from other Conventions in that, while it still sets out general rights, it also details the steps that should be taken to ensure equality of treatment. This column provides a general overview of the Convention, focusing in particular on Art 25 which sets out the right to health and Australia's obligations under the Convention.     

Human rights of persons with mental disabilities. The European Convention of Human Rights

It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.     

The semblance of autonomy: treatment of persons with disabilities under the Uniform Health-Care Decisions Act

This Article illuminates the dangers of the Uniform Health-Care Decisions Act, which provides a set of model rules designed to clarify and expedite end-of-life health-care decisionmaking for incapacitated patients. The uniform commissioners and many scholars who have commented on the Act have touted the legislation as a model for defending patient autonomy. As this Article will reveal, the impression of autonomy is an illusion. In fact, the Act privileges the perspectives of the able-bodied over those of persons with disabilities, endangers the autonomy of incapacitated patients, and empowers proxy decisionmakers who have incentives to terminate treatment. These risks have become all the more significant with the rise of managed-care programs that create pressures to minimize care. After highlighting the serious risks to vulnerable patients under the Uniform Health-Care Decisions Act, the Article offers alternative rules and stronger safeguards to better protect patient autonomy and defend against wrongful health-care decisions. This Article urges states seeking improved end-of-life health-care procedures to codify these or similar protections in order to avoid the lethal shortcomings of the Uniform Health-Care Decisions Act.     

Mental health law and the UN Convention on the rights of persons with disabilities

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as ‘impairment’, ‘long-term’ and the capaciousness of the word ‘includes’ in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment.     

Suggestibility and children with mild learning disabilities: The use of the cognitive interview

Abstract

The aims of this paper were firstly to identify any differences in the level of suggestibility between 20 7–9-year-old children with mild learning disabilities and 20 children with average academic ability using the Gudjonsson Suggestibility Scale 2 (GSS2) and, secondly, to note the impact of the cognitive interview on the response patterns of children with mild learning disabilities.

On the GSS2, average academic ability children recalled significantly more correct details than children with mild learning disabilities. There was no significant difference between the two groups of children on distortions, fabrications, total confabulations or on any of the four measures of suggestibility.

In the second part of the study, 38 children with mild learning disabilities watched a filmed event and then were interviewed using either a standard or a modified version of the cognitive interview. Following this, all participants were asked specific questions, some of which incorporated misleading information. One week later each participant was re-questioned. This time critical questions were included about the truth of the presuppositions introduced in the initial interview session. It was found that the cognitive interview elicited significantly more correct and incorrect details than a standard interview with no significant difference in fabrications. Use of the cognitive interview did not significantly affect susceptibility to subsequent misleading suggestions.     

Toward a national personal assistance program: the independent living model of long-term care for persons with disabilities.

Long-term care for people with disabilities in this country traditionally has been provided through family members and friends. Federal and state policy has focused primarily on financing professional health care services provided through nursing homes and home health agencies. An alternative to these models of long-term care is the "independent living model," which is based on the provision of services by nonprofessional personal assistants in the disabled person's home. We describe the model and consider why it is not the dominant approach to long-term care in the United States. We go on to assess options for developing a national personal assistance services program based on the independent living framework, discussing how covered services should be defined, how the program should be financed, whether the program should use means testing, how eligibility and level of benefits should be determined, and what role government should play in implementing the program. Several legislative approaches to developing a national program are explored.     

The absorption-elution technique with the use of highly active proteases: a novel technology for the detection of Rhesus D antigen in bloodstains

The proposed method for the specific detection of Rhesus D antigen in 6 month old bloodstains is based on the use of modified immunoglobulins (anti-rhesus D peptides) in the absorption-elution reaction (AER). These peptides were prepared by an original method using polyclonal anti-rhesus D antibodies and standard erythrocytes preliminarily treated with a highly active protease. Specific identification of D antigen of the Rhesus system obviates the problem of poor AER specificity and thereby significantly improves the quality of forensic biological expertise.     

Combined use of molecular genetic technologies to identify the Russian citizens died during tsunami in Thailand

Main stages, methodological aspects and practical results of molecular genetic research to identify the citizens of Russia died during tsunami in Thailand are considered.     

从农民到公民——宪法与新农村建设的主体性视角

农村最为缺乏的东西是农民的主体性,因而主体性建设乃新农村建设的第一要务.这种主体性建设的过程,就是让农民转变为公民的过程,它的本质便是从身份到契约的运动.因为,"农民"不仅仅是一种职业,而且也是一种身份.作为一种职业的"农民"是可以通过社会分工改变的,但作为一种身份的"农民"却只能通过制度的变革才能摆脱.     

Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

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Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); program for persons with disabilities; basic program--DoD. Final rule

This final rule simplifies the administration of benefits under the CHAMPUS Program for the Handicapped (PFTH) and changes the name of this benefit to Program for Persons with Disabilities (PFPWD); adds occupational therapists in independent practice to the list of authorized individual professional providers; provides criteria for cost-sharing certain procedures when data is transferred electronically from the patient's home to a medical practitioner; defines and limits plans recognized as supplemental insurance under CHAMPUS; and adopts the Federal Claims Collection Act and the Federal Claims Collection Standards by reference.     

新村运动中韩国政府的行政作为及其对中国的启示

为改变日益严重的工农业、城乡、区域之间发展失衡的状况，20世纪70年代初，韩国政府发起了“新村运动”并取得了巨大成就。在这一过程中，韩国政府的行政作为主要体现在：改革机构，调整支农政策，提供财政援助，发挥农协的作用，实施新村教育以及建立监查制度。借鉴韩国政府推进新村运动过程中的有益做法，对促进我国社会主义新农村建设具有十分重要的现实意义。     

A new approach to measuring technology with an application to the shape of the diffusion curves

This paper documents the sources and measures of the cross-country historical adoption technology (CHAT) data set that covers the diffusion of about 115 technologies in over 150 countries over the last 200 years. We use this comprehensive data set to explore the shape of the diffusion curves. Our main finding is that, once the intensive margin is measured, technologies do not diffuse in a logistic way.