Can international law improve mental health? Some thoughts on the proposed convention on the rights of people with disabilities

This paper examines the promise of the proposed Convention on the Rights of People with Disabilities to improve the position of people with mental illness. Proponents of the new Disability Convention argue that the state of human rights abuses experienced by people with disabilities is intolerable, that the existing international law is inadequate, that additional international law will increase the visibility of people with disabilities and will clarify the fundamental entitlement to equality, and that, as a result, the position of people with disabilities will be greatly enhanced. This paper questions the value of international law to achieve real change and warns against placing too much faith in the law. The potential of a new international law to rectify the wrongs experienced by people with psychiatric disabilities will depend on whether the new law specifically displaces the existing international law which undermines the rights of people with mental illness and on the final terms of the Convention with respect to recognition and enforcement. Ironically, it is the process of developing the Convention which has been empowering, and the utility of the new law will ultimately turn on the continuation of the momentum built through this process.     

Combining work and family in the Netherlands: Blessing or burden for one's mental health?

In this article we study which characteristics of combining work and family put people at risk for mental illness. Two alternative perspectives on the impact of multiple social roles on mental health are tested: the role accumulation perspective and the role strain perspective. Both perspectives are studied with data from a cross-sectional national survey held among a large, representative sample of Dutch people (N=1008). Multivariate analyses provided support for both perspectives. Having more social roles was related to better mental health. We also found a positive mental health effect of having a full-time job in combination with having children. However, having a partner who contributes less to household duties or having a job with low decision latitude or lower skill discretion was related to mental illness. So, certain aspects of social roles may also threaten people's mental health. Overall, our findings do not support the idea that combining work and family is necessarily a burden and harmful for people's mental health. Whether multiple social roles are a blessing or burden for people's mental health seems to depend on the characteristics of the social roles.     

“Opt in” and “opt out” mechanisms in the internet era – towards a common theory

In order to provide for adequate legal protection mainly in mass-transactions on the internet, both the legislature and private parties increasingly, resort to so-called “opt in” and “opt out” mechanisms. Whether or not an “opt in” or an “opt out” mechanism is used is often decided on a case-by-case basis. The same is true regarding the circumstances under which private parties are or should be allowed to resort to “opt out” mechanisms, and if so, what restrictions should safeguard the free will of the addressees of such mechanisms. This paper argues that the existing “opt in” and “opt out” schemes should not be regarded and discussed as isolated phenomena. Rather, they should be analyzed from the viewpoint of a common underlying legal theory which builds on the common character of the underlying regulatory structure of all “opt in” and “opt out” schemes. This requires a complex matrix which comprises not only the opposites of “in” and “out”, but also of “active” and “inactive”, of “preference” and “non-preference” for the respective default rules, as well as of “ex ante” and “ex post” enforcement of the law. It also involves normative, economic, psychological and, last but not least, technical issues.     

Can the FDA improve oversight of foreign clinical trials?: Closing the information gap and moving towards a globalized regulatory scheme

Currently, pharmaceutical companies' utilization of foreign clinical trial data is a ubiquitous and indispensable aspect of gaining approval to market drugs in the United States. Cost benefits, a larger pool of ready volunteer subjects, and greater efficiency in clinical testing are some of the reasons for conducting clinical trials overseas. Despite these advantages, lack of proper oversight may have serious public health implications regarding the integrity of clinical research, ethical treatment of human subjects, and drug safety. Due to the expansive global nature of foreign clinical trials, there are concerns with the FDA's ability to monitor and regulate these trials. This article examines the FDA's oversight of foreign clinical trials and the agency's limitations regulating these trials. In addition to looking at steps the FDA is taking to address these limitations, the article examines other potential regulatory and cooperative actions that can be taken to effectively monitor foreign clinical trials and to ensure data integrity and patient safety.     

Does public criticism Erode trust in the police? The case of Jari Aarnio in the Finnish news media and its effects on the public’s attitudes towards the police

A significant part of the general public’s observations and image concerning the police comes through the mass media. It has been assumed that one factor affecting the level of trust is the way the media handles the police. This article describes the media uproar that arose in Finland in November 2013 about police misconduct, and its effects on the public trust in the police. Two hypotheses were tested in the study: (a) negative publicity always decreases trust, and so, too, in this case; and (b) a change in trust is affected by the public’s independent interpretation of the publicity battle, in which case criticism might also increase trust. The study materials comprise the news coverage concerning the uproar and four opinion surveys collected after it occurred. The first survey was conducted immediately after the press conference of the case in week 48/2013 and the other ones in three-week intervals. The results show that following the uproar, compared to the earlier results of the European Social Survey, trust in the police did not decrease—on the contrary, it increased slightly. Our results suggest that in this case a large part of the audience has taken, to use the term of Stuart Hall, the oppositional position when interpreting negative news about the police.     

Officer attitudes towards intra-group aggression in young people and young adults: does the reported motivation of an aggressor impact on intervention and support?

The present study aims to assess whether global and context specific attitudes influence the ability to correctly identify the motivation for aggression and selection of appropriate intervention strategies. A sample of 105 prison officers completed a measure assessing global attitudes towards prisoners, one assessing context specific attitudes towards aggression, and also a case vignette. Officers were asked to consider the motivation for aggression and to select an appropriate intervention. It was predicted that sex, age and level of experience would impact on global and context specific attitudes. Officers expressing positive global attitudes and non-aggressive context specific attitudes were expected to be more able to identify the motivation for aggression and more likely to adopt a rehabilitative approach. There was evidence to indicate sex differences in global and context specific attitudes but no impact of age. Level of experience of aggression impacted both on global and context specific attitudes. Global or context specific attitudes did not influence the ability to interpret aggression, but aggression type did. Limitations and directions for future research are discussed.     

Discharge in bankruptcy: a comparative analysis of law and practice between Malaysia,Singapore and the United Kingdom (UK) – What can we learn?

In common law jurisdictions such as Malaysia, United Kingdom and Singapore, bankruptcy law is the legal mechanism in situations where individuals fall into bankruptcy. In the UK, automatic discharge was introduced fifteen years ago. Yet, no equivalent concept of automatic discharge has been introduced in Singapore, while in Malaysia, although a new provision allowing for an automatic discharge of bankrupt was proposed in the new Bankruptcy (Amendment) Bill 2016, it has yet to come into force upon official announcement by the Malaysian authorities. This paper examines and compares the laws and practices of discharge of bankrupts in Malaysia, the UK and Singapore.