Freedom of Opinion and Freedom of Expression: Some Reflections on General Comment No. 34 of the Un Human Rights Committee

The United Nations Human Rights Committee is a body of 18 independent experts (including a member from the Netherlands, Professor Cees Flinterman) who are tasked with monitoring compliance with the provisions of the 1966 International Covenant on Civil and Political Rights (in force 23 March 1976). The Committee deploys four principal activities — periodic examination of State Party reports, interpretation and progressive development of the provisions of the Covenant in the form of General Comments, and adjudication of individual complaints under the Optional Protocol, as well as follow-up procedures. This article analyzes the Committee’s second General Comment on Article 19 of the Covenant, which stipulates freedom of opinion and freedom of expression. In 52 paragraphs the General Comment systematically examines, defines and delimits the concepts contained in the three subparagraphs of Article 19, basing itself primarily on the Committee’s concluding observations upon examination of State Party reports and on the case-law in response to petitions under the Optional Protocol. The Committee highlights the primacy of freedom of opinion, recognizing that it is crucial for a democratic society that persons have access to truthful, reliable and pluralistic information, including through the internet, in order to develop a personal opinion whose expression must then be protected by law. The Committee notes, however, that whereas it is inadmissible to impose any restrictions on freedom of opinion, there are certain responsibilities that attach to the exercise of freedom of expression, namely the respect of the reputation of others as well as considerations of health, morals and national security. The Committee holds that so-called ‘memory laws’ as well as blasphemy laws are incompatible with Article 19 and that defamation laws must strike a balance between competing rights and interests. Paragraph 49 of the General Comment clearly affirms the right to hold non-conformist historical views and the right to be wrong. While it is not the function of lawyers or judges to establish what historical truth is, Article 20 of the Covenant imposes an obligation on governments to prohibit incitement to racial hatred or violence, the criminalization of which requires narrow definition of the elements of the crime.

     

Disclosure in insurance law: a comparative analysis

Disclosure or non-disclosure is one of the key issues in insurance contract. This paper compares laws on remedy for no-disclosures in European and other major jurisdictions. It concludes there are generally two different approaches on remedy for non-disclosure—(1) the strict disproportionate approach; and (2) the proportionate approach. The paper introduces an asymmetric information model to elaborate on the ongoing debates over the various normative issues of fairness with respect to the two different approaches. It confirms that the proportionate approach serves better the goal of fairness, in particular for the insured who acts honestly but carelessly provides bad information to the insurer. The model provides a statistical tool for a correct range of remedy on non-disclosure.     

‘My Neighbour Drinks Clean Water,While I Continue To Suffer’: An Analysis of the Intra-Community Impacts of a Rural Water Supply Project in Mozambique

Rural water planners assume the positive impacts of community water projects are spread evenly across the population. We test this assumption by looking at the distribution of benefits within communities that received handpumps in rural Mozambique. Using survey and qualitative data we analyse the characteristics of those groups who benefited from the handpumps and also explore household decision-making processes. Handpump use was determined by distance, availability of other sources, perceptions of water quality, political affiliation, and wealth. We argue that the handpumps reinforced existing social divisions related to income and political affiliation and created new geographic divisions within communities.     

Another Weber: state,associations and domination in international relations

While there has arguably been a partial reception of Weber in international relations (IR), we argue here that his ideas have either been misunderstood or neglected. In order to highlight the most valuable Weberian insights, we focus on two topics of crucial importance to IR. First, in our view, Weber's crucial contribution to the study of states is not his alleged emphasis on the monopoly of violence but his concern with the problem of legitimacy, which is the key to understanding why individuals actually orient an action according to their beliefs in the idea of a state. Second, Weber conducted seminal historical investigations on religion, the rationalization of economic ethics, and organizations that show that the diffusion of isomorphism has little to do with supposedly uninterested and persuasive scientific and professional associations. Instead, more attention should be paid to rational domination and less to reified concepts such as John Meyer's ‘rationalized otherhood’. These arguments are also examined empirically.     

A survey of the social and psychological factors of the heroin dependence

The survey studied 100 dependence about their age, marriage, occupation, the way of heroin taking, history of heroin taking, and the reason of the first heroin taking. The data showed that most dependence were young or middle aged men, or people unable to graduate from junior middle school, self-employed laborers and unemployed. Dependence of cadres and people with better education were increasing. The heroin injection is becoming popular.     

Scanning electronic microscopic observation of vascular corrosion casts of closed diffuse brain injuries in rats

The brain vascular corrosion casts of closed diffuse brain injuries were studied by SEM in rats. The contraction and spasm of perforating arteriole and sphincter-muscle of capillaries in brain stems were observed. The capillaries are about 2-5 microns in diameter, while the normal 10-15 microns. The mechanism of the contraction and its effects were discussed.     

Application of fluorescence lifetime imaging (FLIM) in latent finger mark detection

Fluorescence lifetime imaging (FLIM) in frequency domain enables the mapping of the spatial distribution of fluorescence lifetimes of a specimen. It has been extensively applied in biology. In this paper, a theoretical analysis for the fluorescence lifetime determination of latent finger mark samples is described, which is followed by the feasibility study of using FLIM in frequency domain for latent finger marks detection. Preliminary experiments are carried out with latent finger marks treated with a fluorescent powder on two different substrates. The resulting fluorescence lifetime image of finger mark revealed a good contrast, and was able to detect the latent finger marks clearly.