Medical and legal aspects of genital mutilation and circumcision part I: female genital mutilation (FGM)

Female genital mutilation (FGM) is considered to be against the law and against morality not only in Western countries, although a woman of age and able to consent may sometimes think differently. The procedure may have serious physical and emotional consequences for the girl or woman. Nevertheless there are attempts to justify the procedure with medical and hygienic pseudoarguments, ideology, freedom of religion, cultural identity and social adequacy. Outside the Western world, some people claim that religion and culture alone justify the practice. In Germany, parents can lose the right to determine the residence of their daughter, if she is faced with the risk of genital mutilation in order to prevent that the child or girl is taken to her home country. Genital mutilation as a gender-specific threat is recognized as a reason to grant asylum or prevent deportation. Proposals to make genital mutilation a separate punishable offence are presently discussed by the legislator.     

From the Offences Against the Person Act 1861 to the Serious Crime Act 2015 - the development of the law relating to female genital mutilation in England and Wales

Female genital mutilation (FGM) is defined by the World Health Organization to include: ‘procedures that intentionally alter or cause injury to the female genital organs for non-medical reasons’. It is a practice that affects many females in England and Wales and as a result, specific legislation has been introduced to tackle it. This paper explores the development of the criminal and civil law relating to FGM in England and Wales. It discusses the advantages and disadvantages of the approaches adopted and considers whether they are effective. The paper concludes that the creation of a specific criminal offence has proved to be ineffectual; that the introduction of civil FGM protection orders is a more appropriate and effective means of combatting the practice and that legal measures need to be supplemented by non-legal interventions.     

The contribution of the right to information laws in Europe to local government transparency on sustainability

The aim of this paper is to examine the influence of the right to information laws on sustainability transparency in European local governments. This goal is novel, in that previous studies have examined the effects of various factors on the dissemination of government information (demographic, socioeconomic, political and financial) but not the contribution of legal factors to online transparency on environmental, social and economic sustainability. Our research question is this: Do information laws contribute to transparency on sustainability? Using the Global Reporting Initiative guidelines and a statistical regression analysis, we studied the websites of 106 local governments in ten European countries. The results obtained show that when transparency laws clearly stipulate the rules applicable and the procedures established for appeals, exceptions, refusals and requests, this can favour transparency on environmental, social and economic sustainability. Our findings advance understanding of this field and reinforce the basis for legal reforms to enhance sustainability transparency.

     

An evaluation of expert reports with regard to adherence to current quality standards

In early 2008 the penal system of Lower Saxony established a specialised department responsible for risk assessment regarding all prison inmates in that state. The department generates approximately 200 risk assessment expert reports per year, mainly on questions such as the inmates' aptitude for social therapy, relaxation of imprisonment conditions, and transfer to an open prison. Prof. Dr. Konrad and Dr. Heering (from the Charité's Institute for Forensic Psychiatry) have been accompanying the work of this department scientifically for at least 2 years by offering a scientific exchange and by reviewing random samples of the risk assessments and verifying the application of current standards. It is of particular interest to examine which methods are used and which topics are discussed with the inmates during the exploration for risk assessment expert reports, whether or not standardised risk scales are applied, and finally which conclusions are drawn from the results of the exploration and the information which could be gathered from court and prison files.     

Quantitative analysis of pulmonary pathophysiology using postmortem computed tomography with regard to the cause of death

Radiological lung transparency depends on the air contents involved in respiratory function. The present study quantitatively investigated postmortem lung air distribution in forensic autopsy cases (n=135) using computed tomography (CT) to analyze cardiopulmonary pathophysiology in the death process, involving emphysema, congestion and edema. Combined analyses of the CT morphology and attenuation value (Hounsfield unit, HU) of the bilateral lungs, with reference to histopathology, could categorize CT findings (10-90 percentile mode/mean HU values) with regard to the causes of death as follows: (I) hyperaeration (mode/mean HU below -760/-560: emphysema) for obstructive pulmonary disease, starvation and hypothermia (cold exposure); (II) mostly normal aeration with partial ground glass opacification (mode/mean HU, -850 to -360/-700 to -380: partial congestion and edema), consisting of subtype II-a with peri-bronchial/-vascular opacity for mechanical asphyxia, drowning and fire fatality, and subtype II-b with decreased vascularity for gunshot head injury, cerebrovascular disease and hemopericardium; (III) hypoaeration to airless with predominant hypostatic ground glass opacification (mode/mean HU, -870 to 0/-720 to -200: mottled hypostatic congestion and edema) for blunt head/neck injury, intoxication, hyperthermia (heat stroke) and congestive heart failure; (IV) hypoaeration to airless with predominant hypostatic consolidation (mode/mean HU, -790 to 0/-520 to -70: intense hypostatic congestion with edema) for acute ischemic heart disease; and (V) airless to consolidated (mode/mean HU over -420/-370: segmental or multiple patchy consolidations with edema) for pneumonia. Mode HU represents the major alveolar status, while the mean HU reflects the whole lung air contents. CT data analysis is useful for quantitative evaluation of pulmonary pathology as a supplementary procedure.     

The importance of national laws in the implementation of European legislation of biomedical research

The industrialization and internationalization of biomedical research is not without consequences on the regulation of research or, at least, on the interpretation of that regulation. As more research is done at the international level, the pharmaceutical industry and the research community are calling for a harmonized regulation to limit the administrative burden of controlling clinical trials and to fasten the R&D process. The purpose of this paper is to analyse briefly the role of the national laws in that process. Part I will outline the structure and the nature of the international regulation of research in a European perspective. Using the examples of research ethics committees (RECs), informed consent and the question of liability and liability insurance, Part II will analyze the importance of the national laws in the implementation of this international regulation.     

关于提高依法治军水平需要解决的主要问题

党的十六大报告在明确提出发展社会主义民主政治,最根本的是要把坚持党的领导、人民当家作主和依法治国有机统一起来,依法治国是党领导人民治理国家的基本方略的同时,首次提出“坚持从严治军,健全军事法规体系,提高依法治军的水平”的任务,这是对军事法学界多年来积极探索、宣传依法治军理论的充分肯定,在军事法制建设史上具有里程碑意义。其中明确要求我们“提高依法治军的水平”,其含义是十分深刻的,表明我们在贯彻落实依法治军方针的进程中还存在一定的差距。在国防和军队建设的一些重要领域中,由于军事法规体系的不完备,还存在着许多“无法可依”的问题;许多军队干部特别是领导干部的法律素质和守法水平仍然难以适应贯彻依法治军方针的要求;有法不依、执法不严、违法不究,仍旧是军事法制建设中的薄弱环节;军事法制机构     

Victim's scalp on the killer's head. An unusual case of criminal postmortem mutilation

A case of unusual postmortem mutilation of a victim's body is presented. After killing his father, the son decapitated his body and dissected the scalp free, forming a mask of the father's head and neck. The young man wore the scalp-mask over his own head to imitate the father. The motive of the murder was revenge, and the postmortem mutilation was the realization of the perpetrator's fantasies, symbolically representing a penalty for the reprehensible past life of his father.     

How to attribute the right to data portability in Europe: A comparative analysis of legislations

The number of online services is constantly growing, offering numerous and unprecedented advantages for consumers. Often, the access to these services requires the disclosure of personal information. This personal data is very valuable as it concedes significant advantages over competitors, allowing better answers to the customer's needs and therefore offering services of a better quality. For some services, analysing the customers' data is at the core of their business model. Furthermore, personal data has a monetary value as it enables the service providers to pursue targeted advertising. Usually, the first companies who provide a service will benefit from large volumes of data and might create market entrance barriers for new online providers, thus preventing users from the benefits of competition. Furthermore, by holding a grip on this personal data, they are making it more expensive or burdensome for the user to shift to a new service. Because of this value, online services tend to keep collected information and impede their users to reuse the personal data they have provided. This behaviour results in the creation of a lock-in effect. Upcoming awareness for this problem has led to the demand of a right to data portability. The aim of this paper is to analyse the different legislative systems that exist or have been recently created in this regard that would grant a right to data portability. Firstly, this article draws up the framework of data portability, explaining its origin, general aspects, advantages as well as its possible downfalls. Secondly, the core of the article is approached as the different ways of granting data portability are analysed. In this regard, the possible application of European Competition Law to prohibit restrictions to data portability is examined. Afterwards, an examination of the application of U.S. Antitrust Law is made to determine whether it could be a source of inspiration for European legislators. Finally, an analysis of the new General Data Protection Regulation is made with respect to the development of data portability throughout the European legislative procedure. This article makes a cross-examination of legislations, compares them with one another in order to offer a reflection on the future of portable data in Europe, and finally attempts to identify the best approach to attribute data portability.     

A comparative analysis of selected European guidelines and recommendations for biobanks with special regard to the research / non-research distinction.

Classifying an activity as research has considerable normative consequences: On the one side research activities are especially protected ("freedom of research"), on the other side stricter ethical rules legal regulations may apply to such activities, e.g. compulsory review by ethics committees. It is therefore important to find criteria to delimit research from non-research activities. The aim of the present study is to analyse some European guidelines and recommendations for biobanks and to see whether these documents provide comments that help to elucidate the research/non-research distinction.     

Modern screening strategies in analytical toxicology with special regard to new benzodiazepines

Screening procedures for the detection of toxicologically relevant substances have become of ever-increasing importance due to the rapid development of new substances. Identification methods must be simple, sensitive, and practicable. This article describes standardized chromatographical (corrected Rcf values, retention indices) and immunological methods (enzyme-multiplied immunoassay technique, fluorescent polarization immunoassay) with special regard to the screening of some newer benzodiazepines, a class of substances that is still expanding. Some of these new compounds may be integrated in well-known screening procedures (via aminobenzophenones and detection by the Bratton-Marshall reagent); others require special concepts for detection. The problems are indicated and discussed, including the use of high-pressure-liquid chromatography and mass spectrometry; recommendations are given.     

Europe in the Balance: An Appraisal of the Westphalian System

Netherlands International Law Review -     

Single-stranded DNA as an immunohistochemical marker of neuronal damage in human brain: an analysis of autopsy material with regard to the cause of death

Single-stranded DNA (ssDNA) is a marker of apoptosis and programmed cell death, which appears prior to DNA fragmentation during delayed neuronal death. The present study investigated the immunohistochemical distribution of ssDNA in the brain to investigate apoptotic neuronal damage with regard to the cause of death in medicolegal autopsy cases (n=305). Neuronal immunopositivity for ssDNA was globally detected in the brain, independent of the age, gender of subjects and postmortem interval, and depended on the cause of death. Higher positivity was typically found in the pallidum for delayed brain injury death and fatal carbon monoxide intoxication, and in the cerebral cortex, pallidum and substantia nigra for drug intoxication. For mechanical asphyxiation, a high positivity was detected in the cerebral cortex and pallidum, while the positivity was low in the substantia nigra. The neuronal ssDNA increased during the survival period within about 24h at each site, depending on the type of brain injury, and in the substantia nigra for other blunt injuries. The neuronal positivity was usually lower for drowning and acute ischemic disease. Topographical analysis of ssDNA-positive neurons may contribute to investigating the cause of brain damage and survival period after a fatal insult.