Conscientious objection in reproductive health care: Analysis of Pichon and Sajous v. France

This article explores the issue of conscientious objection invoked by health professionals in the reproductive and sexual health care context and its impact on women's ability to access health services. The right to exercise conscientious objection has been recognized by many international and European scholars as being derived from the right to freedom of thought, conscience and religion. It is not, however, an absolute right. When the exercise of conscientious objection conflicts with other human rights and fundamental freedoms, a balance must be struck between the right to conscientious objection and other affected rights such as the right to respect for private life, the right to equality and non-discrimination, and the right to receive and impart information. Particularly in the reproductive health care context, states that allow health professionals to exercise conscientious objection must accommodate this in such a way that its exercise does not compromise women's access to health services. This article analyses the European Court of Human Rights' decision on admissibility in Pichon and Sajous v. France (2001) and argues that a balancing approach should be applied in cases of conscientious objection in the sexual and reproductive health care context.     

论我国民事诉讼法修订的基本原理

现代社会是一个尊重人的尊严、尊重和保障人权、尊重人的主体性的社会,我国民事诉讼法的修改应当反映这个时代要求。为此,我国应当以裁判请求权保护原理、程序相称原理、程序选择权保护原理、系争外利益保护原理作为修订我国民事诉讼法的基本原理。     

PERSONS WITH DISABILITIES AND THEIR SEXUAL,REPRODUCTIVE, AND PARENTING RIGHTS: AN INTERNATIONAL AND COMPARATIVE ANALYSIS

Despite important gains in human rights, persons with disabilities — and in particular women and girls with disabilities — continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.     

Regulating surrogacy--a contravention of human rights?

On the 2nd of October 2000, The Human Rights Act 1998 came into full force, signalling the incorporation of The European Convention on Human Rights into U.K. law. Areas of law believed to be inconsistent with the Convention may now be challenged in both The European Court of Human Rights and domestic courts. This article considers whether existing laws on the regulation of access to infertility services, in particular surrogacy, will be deemed incompatible with the ECHR. Human rights as enshrined within Articles 8 and 12 will be examined in light of recent suggestions that there may arise legal challenges by those who have had access to reproductive services restricted or denied. It will be shown that, although existing and potential future controls may arguably infringe these rights, it is nevertheless unlikely that they will be held to be in contravention of The Human Rights Act 1998.     

Use of artificial intelligence by tax administrations: An analysis regarding taxpayers’ rights in Latin American countries

In this paper, we analyze taxpayers’ rights to have access to artificial intelligence algorithms and formulas that have been used by tax administrations in Latin America. We consider two applications of artificial intelligence: in the characterization of taxpayers’ risk and the robotization of tax audit actions. Very little has been described in the literature on how these technologies coexist with taxpayers’ rights, especially in the exercise of their right to defense in administrative and contentious proceedings. The evidence reflects that, although in the countries under study the access to these techniques is not clearly regulated, general principles derived from the fundamental rights declared by each country make it possible to safeguard taxpayers’ right to access this information.     

Pediatric Assent: Subject Protection Issues among Adolescent Females Enrolled in Research

Re-assent of adolescent females enrolled in clinical research through the onset of puberty is necessary to respect their rights to access sexual and reproductive health information, their rights under HIPAA as well as assuring compliance with the Common Rule.     

Conflicts of Rights and Action-Guidingness

In this paper, we raise two points. First, any rights-based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define which right should prevail, but without considering non-rights-interests as if they were rights in the process. These recommendations instantiate two crucial principles that underlie our common intuitions on rights, namely, the principle that rights deserve equal respect and the principle that rights should be taken seriously.     

Morgentaler v. The Queen in the Supreme Court of Canada.

In Morgentaler v. R., the Supreme Court of Canada struck down the abortion provisions in the Criminal Code. In a five to two split, a majority of the Supreme Court judges found that section 251 offended a pregnant woman's constitutionally protected right not to be deprived of her "life, liberty, and security of the person." Sheilah Martin reviews the three majority judgments and focuses on the decision written by Madame Justice Wilson. She believes that Madame Justice Wilson's opinion merits special attention in several regards: her conclusions on the constitutional rights of pregnant women; her recognition and validation of women's perspectives on abortion; and her approach to balancing women's interests in reproductive self-determination against the state's interest in regulating reproduction. Sheilah Martin concludes that this decision will reverberate far into the future. Even though it fails to establish clear guidelines concerning governmental power to control access to abortion, its principles outline the legal framework in which future litigation will occur, and it will limit and shape the terms of any ensuing political debate. In addition, Madame Justice Wilson's judgment holds great promise for those looking to the Court to promote the rights of women and other historically disadvantaged groups.     

Surrogacy,Identity, Parentage and Childrenʼs Rights – Through the Eyes of a Child

In this article I will focus on two important aspects of children's rights which are impacted by artificial reproductive technology (particularly surrogacy); being the rights to identity and the rights to legal parentage. The United Nations Convention on the Rights of the Child acknowledges the importance of a child's right to identity, to be protected from discrimination on the basis of the status or beliefs of the child's parents, legal guardians or family members. For many children born through surrogacy arrangements, they may have only one or no legally recognized parent. The adults caring for them may have parental responsibility orders but this falls well short of providing children with the benefits and protections that legal parentage does. The issue of identity can be complex. Increasingly, states have recognized the importance of children knowing the circumstances of their birth and being able to access biological and genetic information including medical information. From a child's perspective the issues of identity and parenthood are intertwined. Given the importance of identity, more needs to be done to ensure that identifying information about children born as a result of artificial reproductive technology is properly stored and readily accessible for these children. Denying a child legal parentage when there are no concerns about the care being provided by their parents cannot be justified when considered from a children's rights perspective.     

Medical Marijuana Registries: A Painful Choice?

Though the medical use of marijuana is legal in thirty-three states, it remains illegal under the federal Controlled Substances Act. Any marijuana use can subject individuals to severe criminal and civil penalties under federal law. States that condition patient access and treatment on registration in a state database impose real risks on their citizens. Although many scholars have written about the tension between federal and state treatment of marijuana, this is the first article to examine marijuana patient registry privacy and fundamental rights issues. This article first reviews the relationship between marijuana use and patient treatment, with a focus on health-care and privacy rights under state and federal law. The article then explains how marijuana registries compare to broader patient registries, such as contagious disease and other medical condition patient registries, and the unique issues presented by marijuana patient registries. It then discusses the elevated risk to constitutional, privacy, and fundamental rights that may result if states do not carefully construct marijuana registries. The article concludes by proposing principles for how both states and dispensaries should approach marijuana registries in order to provide health benefits and avoid harm to patients.     

Consumer Redress Legislation: Simplifying or Subverting the Law of Contract

The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights and remedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of private law with different principles and rules applying to commercial and consumer transactions. Coherence in the law requires that lawyers abandon their traditional ‘oil and water’ attitudes to legislative schemes and confront directly the interactions between these two bodies of law. This paper engages in that enquiry by considering the relationship between the relatively new consumer redress provisions in the Consumer Protection from Unfair Trading Regulations 2008 and general law principles.     

对宪法修正案的若干私法解读

按照宪法作为最高效力的法规范 ,私法所规定的财产关系和人身关系都要遵守宪法的内容 ,尤其是充分体现基于主体自由和主体平等的宪法原理。私法主体平等和给与平等主体的财产权以对等的尊重是私法对宪法提出的基本要求。     

Establishing a compulsory drug treatment prison: Therapeutic policy, principles, and practices in addressing offender rights and rehabilitation

A Compulsory Drug Treatment Correctional Center (CDTCC) was established in Australia in 2006 for repeat drug-related male offenders. Compulsory treatment law is inconsistent with a therapeutic jurisprudence approach. Despite the compulsory law, a normative offender rehabilitation framework has been established based on offender moral rights. Within moral rights, the offender rehabilitation framework addresses the core values of freedom (supporting autonomous decision-making) and well-being (supporting support physical, social, and psychological needs). Moral rights are underpinned by a theory or principle which, in this instance, is a humane approach to offender rehabilitation. While a law that permits offenders to choose drug treatment and rehabilitation is preferable, the article discusses the establishment of a prison based on therapeutic policy, principles, and practices that respond to participants as both rights-violators and rights-holders. The opportunity for accelerated community access and a therapeutic alliance with staff has resulted in offenders actively seeking to be ordered into compulsory drug treatment and rehabilitation.     

略论物权法与被拆迁人权益的保护

《物权法》树立了平等保护私权的理念，明确了征收拆迁应予补偿及补偿的原则，有利于被拆迁人权益的保护。征收是一个行政法律关系，拆迁补偿则应是一个民事法律关系。应在《物权法》中明确国家是征收及征收补偿的唯一主体，进一步完善征收补偿的原则，以真正落实《物权法》的私权保护观念，切实雏护被拆迁人的合法权益。     

人权的全球化:概念与维度

人权全球化是当代国际社会的主要现象之一。它不仅仅意味着人权制度的跨国作用 ,而且也意味着人权思想、学说、意识的跨国交流。在人权国际化的过程中 ,宜以人道主义和权利本位为出发点 ,以文明间的共存和可持续发展为准则 ,在其发展过程中 ,应当以国际合作为主导方式 ,不能包罗万象的建构国际人权体系 ,另外应重视人权谱系的全面性。在此前提下 ,构筑共同的人权高标准不仅是必要的 ,而且是可能的     

ASSESSING AND MANAGING ALLEGATIONS OF CHILD SEXUAL ABUSE

This article examines the procedures involved in the assessment and management of allegations of child sexual abuse in courts exercising custody and access jurisdictions. The author discusses the various options available to the court when confronted with such allegations, noting that, in the contex: of access disputes, the issue for the court is not whether a parent has sexually abused a child but whether, in all the circumstances of the case, access should take place or custody should change. In all matters involving access between parents and children, the overriding principle is the paramountcy of the welfare of the child. It is also argued that supervised access, although an increasingly popular alternative for the court when faced with allegations of abuse, is problematic and may not be in the best interests of the child. The author suggests that the emphasis must be on children's rights find parental responsibilities.     

森林权属的法律体系构造

《中华人民共和国森林法》关于权属的制度,面临着理论和实践中的重大问题。要构造完善的森林权属体系,不仅应该坚持以生态建设为重的原则,还应充分发挥森林的经济价值,增加权利的可转让性。为此,要在坚持主体标准的前提下,充实、完善客体标准,根据“二元主义”的模式,将权利细致化,改造现有的林地和林木所有权,清楚界定采伐许可证与林木采伐权之间的关系,取消运输许可证。     

试论我国民法典体系

体系化与系统化是民法典的内在要求。仅适用个别的局部性的民事关系的 ,或常会发生改变的 ,或处于公法与私法交叉地带的 ,或具有很强的技术性的程序性规定 ,均应由单行法加以规定。我国民法典体系要采纳德国潘德克顿模式 ,应以法律关系的要素来构建总则 ,以法律关系的内容即民事权利来展开分则。分则应为人格权、亲属法、继承法、物权、债权总则、合同法的一般规定 ;在分则关于民事权利的各编之后 ,应规定一个对各类民事权利加以保护的侵权责任编。     

Copyright in custom code: Who owns commissioned software?

Legal context: When software is commissioned, it is important that the partiesagree what rights are being acquired and what rights retained.Copyright is the most important such right, but moral rightsand database rights must also be considered. When there is noexplicit agreement on these rights, the courts are often facedwith claims that there is an implied term that they should vestin the client (or be waived in the case of moral rights). Thisarticle examines the issues that arise in such cases. Key points: The article outlines the development of case law dealing withimplied terms as to ownership of commissioned works. It explainshow the courts have applied older principles to the new areaof commissioned software, and how those principles have evolvedto make it more difficult for a client to establish an impliedterm in their favour. The article examines in particular issuesarising from code reuse, the disclosure of source code, andthe application of database rights and moral rights to software.It also considers case law where clients have claimed to bejoint authors of software by virtue of their involvement inits design and testing. Practical significance: There are an increasing number of cases where software is commissionedon an informal basis and disputes later arise as to the ownershipof that software. This article provides a framework for consideringsuch disputes.     

Adherence to the Law-Based Protection of Human Rights and Improvement of the Legal Guarantee Mechanism of Human Rights

XI Jinping, General Secretary of Central Committee of the Communist Party of China(CPC), made an important speech (Speech) on China’s path of advancement of human rights at a group study session of the Political Bureau of the CPC Central Committee on February 25, 2022. Adherence to law-based protection of human rights and improvement of the legal mechanism of protection of human rights are important requirements for firmly following China’s path of human rights development. To improve the law-based mechanism of guarantee of human rights, the principles of respecting the people’s principal position and removing systematic and institutional barriers should be adhered to. The Constitution should be comprehensively implemented to promote record and review of new laws presented by legislatures, and to safeguard its authority. Innovations of human rights theory should be accelerated, along with faster construction of a human rights academic system, of a human rights academic system, and of a human rights discourse system, for meeting China’s needs in the new era. A sound legal mechanism of guarantee for human rights can better guarantee people’s better life. Furthermore, China should actively participate in global human rights governance and make appropriate contributions.