Protection of genetic data in Spain. Analysis based on the general principles of personal data protection]

The genetic data is Spain is not regulated specifically, rather, we must look at the regulation on the protection of data of a personal nature. This is turn, establishes a series of general principles to apply to any type of data. Analysing this with other regulations that are dispersed both in the national and international regulations, we can deduce the rights and obligations in this field. This highlights the fact that one can't dispose of the genetic data in the same manner as the personal data.     

Closing the Organ Gap: A Reciprocity-Based Social Contract Approach

Organ transplantation has become a proven, cost-effective lifesaving treatment, but its promise is contingent on the number of available organs. The growing gap between the demand and supply results in unnecessary loss and diminished quality of life as well as high costs for surviving patients and health insurers. Twenty years after the enactment of the National Organ Transplantation Act, it is time to rethink the moral basis and overall design of organ transplantation policy. We propose a national plan for organ transplantation insurance under which the federal government would assume responsibility for increasing the organ supply and would cover all costs associated with transplantation for patients not otherwise covered.     

The Economic Consequences of Accounting Fraud in Product Markets: Theory and a Case from the U.S. Telecommunications Industry (WorldCom)

This article studies the effects of accounting fraud on theproduct market. The model presented in this article relies onthe idea that a firm’s financial statements and actionsmust be consistent with each other. If the firm is behavingfraudulently, insofar as its financial statements portray itas relatively efficient, the firm must act accordingly, thatis, increase its market share and/or reduce its prices. If thefirm does not behave in keeping with its fraudulent financials,the market would be able to identify the fraud. As such, themanager will take actions and make pricing decisions that arenot optimal. These actions can have a significant adverse effecton social welfare. This article utilizes the WorldCom case toillustrate the implications of such fraudulent behavior andits economic significance in product markets.     

A follow-up investigation on the quality of medical documents from examinations of Basque incommunicado detainees: the role of the medical doctors and national and international authorities in the prevention of ill-treatment and torture

According to the United Nations and the European Committee for the Prevention of Torture (CPT), torture and ill-treatment continues to be a problem during incommunicado detentions in Spain. CPT has visited Spain and published recommendations for improvements of preventive medical examinations. However, no scientific assessment of the impact of such recommendations exists. The objectives of this study were to assess the quality of documents from preventive medical examinations and the prevalence of alleged ill-treatment and compare findings with similar data from a previous study. Documents issued by state employed doctors describing medical examination of Basques held incommunicado during 2000-2005 were reviewed. The analysis covered allegations of ill-treatment and existence and quality of information essential for medical appraisal of allegations of ill-treatment. The material was collected by a non-governmental organisation. Of 425 documents concerning 118 persons, 85% had no formal structure and the format recommended by CPT was never used. None of 127 documents, concerning 70 persons with allegations of ill-treatment had an overall conclusion on the likelihood of ill-treatment. Twelve to 68% of necessary data were totally missing, and only 13-38% of existing information was sufficient. There was significant variation between the reporting of individual doctors, but in general the quality was unacceptable, although somewhat higher than in the previous study. The prevalence of allegations of ill-treatment was as high as previously. There were more reports of psychological ill-treatment and procedures of forced physical exhaustion, but fewer reports of beatings. In conclusion, there was no indication that the conditions of incommunicado detainees have improved substantially over the past 15 years and the standard of medical reporting was unacceptable. The Spanish authorities should give clear objectives and guidelines for medical examinations of detainees. An independent forensic specialist with the overall academic responsibility for preventive medical examinations of detainees should be employed to supervise state employed doctors. The present article shows the necessity for harmonization of medical practice in documentation of torture.     

Private Interests Seeking Punishment: Prosecution Brought by Private Individuals and Groups in Spain

This article centers on the study of the Spanish private prosecution system. It is an attempt to highlight both its theoretical potential and its practical dysfunctions. This type of lay participation in criminal matters is often seen as a way to strengthen democracy or to legitimate justice, opinions that the author rejects. Although private prosecution may work as a safety valve against the public prosecutor's inactivity, the introduction of private interests in the penal process may distort its true significance and function. Private prosecution can become a Trojan horse within the system.     

Freedom,immigration, and adequate options

According to the freedom argument for open borders, immigration restrictions are generally unjust because these restrictions infringe on important freedoms, such as freedom of association and the economic liberties. Some authors have objected to the freedom argument by claiming that potential immigrants only have rights to sufficient options to live decent or autonomous lives and, consequently, states can permissibly prevent people from immigrating when potential immigrants have adequate options. This paper shows that this objection to the freedom argument for open borders is unsound and that restrictions on international freedom of movement can be morally impermissible even when potential immigrants have adequate options.