Die Erneuerung des Strafverfahrens ohne vorheriges Erkenntnis des EGMR

Eine vor kurzem ergangene Entscheidung des OGH (1. 8. 2007, 13 Os 135/06m) erm?glicht einen gegenüber der bisherigen Praxis stark erweiterten Grundrechtsschutz im Strafverfahren. Der OGH bejahte mit Blick auf Art 13 MRK und die ?nderung der Rsp des EGMR dazu seine Kompetenz zur Erneuerung des Strafverfahrens auch dann, wenn in der Sache noch kein verurteilendes Erkenntnis des EGMR vorliegt. Der folgende Beitrag versucht, das ma?gebliche inhaltliche Argument wie auch die methodische Vorgangsweise des OGH n?her zu beleuchten und einen Ausblick auf die m?gliche Handhabung in der Praxis zu geben.     

Moral Disengagement and Building Resilience to Violent Extremism: An Education Intervention

This article reports on the development of an education intervention, the Beyond Bali Education Resource funded by the Australian Governments’ Building Community Resilience Grants of the Federal Attorney General's Department, that applies a conceptual framework grounded in moral disengagement theory. Beyond Bali is a five module program for schools that is specifically designed to build social cognitive resilience to violent extremism by engaging self-sanctions and preparing students to challenge the influence of violent extremism that can lead to moral disengagement. The theory of moral disengagement has been applied to the study of radicalization to violent extremism to explain how individuals can cognitively reconstruct the moral value of violence and carry out inhumane acts. The mechanisms of moral disengagement through which individuals justify violence, dehumanize victims, disregard the harmful consequences of violence and absolve themselves of blame have been used in the construction of violent extremist narratives. However, they have not been applied to the development of intervention strategies that aim to counter the radicalizing influences of violent extremist narratives.     

Political judgments,perceptions of facts,and partisan effects

We test two competing hypotheses about the impact of partisanship and information on people's political judgments and perceptions of facts using Canadians' reactions to a major scandal. Our findings with respect to subjective political judgments confirm the argument that partisan predispositions are crucial. But there is no evidence to support the argument that the polarizing effect of partisanship is most evident among the most informed. When it comes to perceptions of “objective” facts, the results are consistent with Zaller's reception axiom: the more informed people are, the more likely they are to correctly perceive objective facts. Partisanship does not appear to affect these perceptions.     

Delayed death in sudden infant death syndrome: a San Diego SIDS/SUDC Research Project 15-year population-based report

A fraction of SIDS cases have death delayed by successful CPR, yet they have not been compared to SIDS cases which were found dead or not successfully resuscitated. Our aims were to: (1) determine the percent of SIDS cases in the San Diego SIDS Research Project database for whom death was delayed by CPR and subsequent life support; (2) compare demographics, circumstances of death and autopsy findings of delayed death SIDS cases (delayed SIDS) with those whose deaths were not delayed (non-delayed SIDS); (3) examine the evolution of pathologic changes in delayed SIDS as a function of survival interval. A retrospective 15-year population-based study of 454 infant deaths attributed to SIDS revealed 29 delayed SIDS cases (Group I) and 425 non-delayed SIDS cases (Group II). Group I cases were significantly older than Group II cases (mean age 132 days vs. 102 days and p<0.0001). Eighty-nine percent of the Group I cases were discovered between 08.00 and 19.59 h; none were found between 00.00 and 07.59 h, compared to 38% of the Group II cases. Group I infants were found significantly more often away from home (at daycare, or at the home of a relative, friend, or baby sitter) than Group II infants (45% vs. 25%, p<0.05). There were no differences between groups with regard to gender, gestational age, type of delivery, bed sharing, URI within 48 h of death, ALTEs, a history of referral to child protective services, body position when placed or found, or face position when found. Pathologic changes were semiquantitatively evaluated; findings were characteristic of anoxic-ischemic injury that generally became more severe with increasing survival intervals. Anoxic-ischemic brain injury was the immediate cause of death in all delayed SIDS cases. Aspiration of gastric contents was identified in Group I cases surviving less than 48 h and was the likely etiology of acute bronchopneumonia occurring in 83% of the Group I cases. We did not identify factors that would reliably predict which SIDS cases might be discovered soon enough to allow earlier and more effective CPR and survival without permanent brain injury.     

Do (Some) Canadian Voters Punish a Prime Minister for Calling a Snap Election?

Are voters willing to punish a prime minister for calling an 'unnecessary' snap election for purely opportunistic reasons? This paper examines voters' reactions to the Canadian prime minister's decision to call a snap election in November 2000. The decision provoked limited resentment, and that resentment was strongest among partisans of the opposition parties and among those who follow politics closely. Those who do not keep up with politics, it seems, either did not realize that the election was precipitous or simply did not care. The paper shows that resentment about the election call was a consideration in vote choice, but it was a decisive consideration for a very small group of voters. We estimate that the electoral cost to the incumbent Liberal Party was one percentage point. Some voters are prepared to punish prime ministers for opportunistically calling a snap election, but in this case the electoral penalty was small.     

The Reality of Virtual Reality: The Internet and Gender Equality Advocacy in Latin America

This article examines the internet's potential to democratize gender equality advocacy in Latin America. Based on field research in Argentina, Brazil, and Mexico, it challenges the assumption that the internet's horizontal organization and widespread dissemination inherently or inevitably lead to greater democratization. It advances two interrelated arguments. First, the internet's potential to foster democratic relations and effective strategies in civil society depends on the consciousness with which advocates adopt, share, and deploy the technology. Second, the internet is a critical resource for marginalized or socially suspect groups and subjects, providing a unique means to express and transmit often ostracized ideas and identities.     

MEDICALLY ASSISTED HUMAN REPRODUCTIVE TECHNOLOGIES (ART) AND HUMAN RIGHTS — THE EUROPEAN PERSPECTIVE

The present article examines how the progress of science, and in particular, medically assisted human reproductive technologies (ART) have provoked a revolution in the sphere of family relations, generating a series of ethical and legal conflicts. The article focuses on the European perspective, without ignoring the international sphere, given the globalization of the phenomenon. The emerging legal issues are analyzed through the filter of international human rights, not only an important aspect to take into consideration in the context of bioethics in general, but a “passage obligé” given that certain concepts find their explanation and coordinates in international human rights law. It is from this perspective that the relationship between ART and human rights is presented. The applicable international and European legal instruments and principles shall be mentioned, as well as a brief comparison of national legal frameworks in Europe. The emerging bioethical and legal issues are examined in correlation with the response of the European Court of Human Rights through its case law aimed at balancing conflicting rights when faced with issues pertaining to ART. Lastly, the article presents in more detail the particular legal issues under debate in France and Italy, two European countries with specific legislation in the field.