Prisons’ condition and treatment of prisoners in Nigeria: towards genuine reformation of prisoners or a violation of prisoners’ rights?

This study examines the conditions of prisons and the treatment of prisoners in Nigeria. The purpose of this examination is to determine compliance with the benchmarks for the treatment of prisoners and ascertain if prisoners’ rights against ill-treatment are safeguarded. The study uses relevant laws, as well as published and unpublished reports, in order to paint a coherent picture of the conditions of prisons and the treatment of prisoners in Nigeria. This article comes to the conclusion that prisons in Nigeria are not operating satisfactorily according to their statutory duties, and instead of functioning as rehabilitation centres they end up contributing to human rights violation.     

Egg freezing and egg banking: empowerment and alienation in assisted?reproduction

With the development of rapid freezing of human oocytes, many programs have reported IVF success rates comparable to those achieved with fresh eggs and thawed frozen embryos. Egg freezing is now gaining professional and regulatory acceptance as a safe and effective technique for women who wish to avoid discarding excess embryos, who face fertility-threatening medical treatments, or who want to preserve their eggs for use when they are better situated to have a family. This article focuses on the uses of and justification for egg freezing, the path to professional acceptance, the variability in success rates, and the controversy over freezing eggs for social rather than medical reasons. It also addresses the emergence of egg banking as a separate sector in the infertility industry, the regulatory issues that it poses, and its effect on egg donation. Key here is the legal control of stored eggs by banking women and their options when they wish to dispose of those eggs. The analysis is framed around empowerment and alienation. Egg freezing is generally empowering for women, but the donation or sale of unused eggs to infertile women, egg bankers, and researchers also raises issues of alienation.     

Sex offender laws in the United States: smart policy or disproportionate sanctions?

In the 1990s, the United States began enacting a series of laws to monitor and supervise sex offenders living in the community. These evolved to include Internet registries of sex offenders, sex offender residence restrictions, GPS monitoring, and even civil commitment of sex offenders at the conclusion of their criminal sentences. Though other countries have enacted legislation to monitor sex offenders, none have implemented laws impinging on the civil liberties of offenders to the extent of those in the United States. This article examines the basis of the US laws and their challenges, provides an overview of their efficacy, and compares the US approach to those of other countries.     

Demographic socialization and reproductive behavior in a transitional context: a macro–micro perspective

This paper analyzes the impact of individuals’ socialization in a given demographic context on their later reproductive behavior in 19th century Geneva. To assess this socialization effect on the fertility of first generation immigrants, I combine family reconstitution data with Coale’s aggregate indexes of marital fertility. I then run two-level Poisson regression models predicting age-specific fertility rates as a function of individual characteristics at the lower level and as a function of province-level fertility at the higher level. The results show a strong socialization effect among couples who were already married when arriving in Geneva, whereas among immigrants who arrived as singles and who got married in Geneva the impact of demographic socialization turns out much weaker.     

Old and New Actors in the Italian Drug Trade: Ethnic Succession or Functional Specialization?

The article analyses Italian and foreign organized crime involved in the drug market from two perspectives. The first, called “criminal succession”, assumes that the great presence of foreign criminal groups into this illegal market would represent a menace to the traditional hegemony exercised by Mafia-type associations in Italy. From a different perspective, defined as “functional specialisation”, the involvement of foreign criminal groups in the drug market could also be seen in terms of criminal “labour force” tending to follow the same mechanisms occurring in the general market at large, where immigrants fill low-paying jobs not requested by the local population. Through the analysis of data provided by the Italian Central Antidrug Bureau and recent court records the article tests these two perspectives. In particular, the in-depth analysis of three case studies from northern, central and southern Italy – i.e. Milan, Florence and Naples – has allowed us to identify the main changes that occurred in the drug market since the early 1990s. In effect, in Milan and Florence, we register the emergence of foreign criminal actors in the high- and medium-level positions of the local drug trade, while in Naples, where Camorra clans hold very strong positions, it leaves small areas of autonomy to foreign criminal groups.     

The birds,the bees,and the deep freeze: is there international consensus in the debate over assisted reproductive technologies?

This Comment traces assisted reproductive technologies from their historical beginnings in early artificial insemination techniques, through the revolutionary advent of in vitro fertilization two decades ago, and continues to current experimental procedures such as embryo twinning and cryopreservation of ova. It then examines the worldwide controversy surrounding clinical use of these technologies and international attempts to resolve these issues. The final focus is on whether or not a consensus exists within the international legal community on how to tackle the complex issues presented by recent advances in reproductive technology.     

Intimate partner violence and immigration laws in Canada: How far have we come?

Immigrant women face numerous, and sometimes insurmountable, barriers in reporting and seeking services for intimate partner violence (IPV). A number of these obstacles relate to immigration laws, policies and legal processes they encounter due to their immigration status and sponsorship relationship. The present study was conducted in Canada, in an urban centre that boasts one of the largest immigrant populations in the world. Using a focus group methodology within a participatory action research framework, this investigation sought to identify factors that facilitate or impede women from coming forward and disclosing IPV, and traced their help-seeking actions. Qualitative data from helping professionals and women reveal that in cases of sponsorship breakdown due to IPV, the criteria required for a viable immigration application are unrealistic, and in many cases impossible to meet in situations of domestic abuse. These data indicate that despite claims to the contrary, laws and policies related to immigration have remained stable for over a decade. Systemic and structural barriers that these create for abused women are still clearly present in immigration laws and policies. The result is that many women stay in abusive relationships, often with their children, for prolonged periods of time accruing serious negative mental health effects. Implications are discussed to help inform policy and practice.     

Hardened professional criminals,or just friends and relatives? The diversity of offenders in human trafficking

ABSTRACT

Human trafficking has been extensively discussed, studied and debated over the past 20 years, but many misleading images and stereotypes still exist regarding trafficking, its victims and its perpetrators. Trafficking is often framed as a problem of organised crime. The article problematises (1) the stereotypical images of perpetrators and (2) the involvement of organised crime in human trafficking, particularly in Finland, drawing on court cases that deal with trafficking in human beings. The article analyses, on the one hand, the characteristics of detected traffickers by reflecting the findings against the image of the ideal offender and, on the other hand, the role and involvement of organised crime in human trafficking. The article concludes that most convicted traffickers are not so-called ideal offenders. The variety of traffickers involved in the cases studied does not correspond very well to the rather stereotypical and oversimplified image of traffickers and ideal offenders.     

The Human Rights Act – A New Equity or a New Opiate: Reinventing Justice or Repackaging State Control?

The proposed incorporation of the European Convention on Human Rights into the main stream of the United Kingdom's common law system has a number of historical parallels. This article considers what can usefully be drawn from these parallels and then analyses why the modern state feels impelled to take (what appears to be) such a fundamental constitutional step. It considers whether the incorporation agenda is in fact a more subtle discourse initiated by the 'Establishment' and designed to divert attention from matters of greater sensitivity to the state.     

Data retention in the UK: Pragmatic and proportionate,or a step too far?

On 6 April 2009 new legislation came into force, for the first time putting Internet service providers' duty to retain significant amounts of data (relating to customers' email and Internet usage) on a compulsory, as opposed to a voluntary footing. It is a topic which has provoked intense protest from the privacy lobby and fuelled months of “Big Brother” headlines in the press. For the industry it raises operational challenges – how to facilitate storage and retrieval of colossal amounts of data. In this article we consider the policy background to the regime, the detail of the UK implementation and the practical implications for communications service providers. We weigh up the privacy and human rights concerns against the business case put forward by the Government. We also examine the Government's proposals – announced at the end of April – to significantly extend and “future proof” this regime in the form of its Intercept Modernisation Programme.     

Information Privacy Protection in the New Chinese Civil Code: Priority or Replacement?

The right to privacy has been developed through judicial practice and has evolved from “the protection of the right to reputation” to “privacy interest” then to “privacy right.” The Civil Code of the People’s Republic of China (2020) clarifies the right to information privacy and the right to personal information as two independent personality rights and establishes a privacy priority protection mechanism for private information in civil law. The comparative efficiency of the right to personal information may mean that the protection of the right to information privacy is weakened or even replaced by the right to personal information. The uncertainty and fragmentation of private information also creates a wide gray space for judicial decisions. The development from traditional privacy right to information privacy right and personal information right is generally positive and shows the active legal response to the protection of private information in multiple ways. However, clarifications and systematization are required to increase the effectiveness of such protections.