Insurance for Good Losers and the Survival of Chile's Concertación

In the transition from military rule to democracy, the government of Augusto Pinochet bequeathed to Chile a unique electoral law by which all legislative seats are contested in two-member districts. A key implication of this rule is that in order to secure legislative majorities, coalitions have to put their strongest candidates in the most precarious electoral list positions. This generates a divergence of interests between coalitions and politicians. Chile's largest coalition, the Concertación, has resolved the dilemma by providing appointed posts to unsuccessful congressional candidates who accept personal political risk on the coalition's behalf. This study argues that this insurance system has provided the critical glue to hold the coalition together since Chile's transition to democracy in 1990. Recent changes in the electoral environment could threaten the Concertación's control over the appointed posts that have sustained this informal institution. This could jeopardize the Concertación's cohesion during the process of negotiating coalition candidate lists for the 2005 legislative elections.     

Human rights dynamics of abortion law reform

The legal approach to abortion is evolving from criminal prohibition towards accommodation as a life-preserving and health-preserving option, particularly in light of data on maternal mortality and morbidity. Modern momentum for liberalization comes from international adoption of the concept of reproductive health, and wider recognition that the resort to safe and dignified healthcare is a major human right. Respect for women's reproductive self-determination legitimizes abortion as a choice when family planning services have failed, been inaccessible, or been denied by rape. Recognition of women's rights of equal citizenship with men requires that their choices for self-determination be legally respected, not criminalized.     

Counseling services for battered women: a comparison of outcomes for physical and sexual assault survivors

Approximately 15% of married or cohabiting women and as many as 60% of battered women are raped at least once by their partners. This study compared community-based counseling outcomes of battered women with outcomes of women who were both raped and battered by their partners. Over time, both groups improved in wellbeing and coping. Although those both battered and raped progressed more in counseling, they had lower scores before and after counseling compared to women who were battered only. Implications for research and intervention are discussed.     

Recent developments in privacy legislation

In this article, Ruth Carey takes a critical look at recent privacy-of-personal-information legislation drafted in three Canadian provinces--Ontario, Alberta, and British Columbia. The article begins with a historical overview of international legal instruments and other privacy guidelines, and the Canadian experience with privacy protection. It then critically analyzes the provincial initiatives in the context of the federal Personal Information Protection and and Electronic Documents Act and accepted privacy principles. The article goes on to highlight certain types of legislative provisions of particular interest to people with HIV/AIDS and those who advocate on their behalf. It concludes that the numerous legislative initiatives underway in Canada provide an opportunity to alter the public discourse around the virus, thereby improving the lives of people with HIV/AIDS.     

Ontario: people can now apply for forced HIV testing in certain situations

Ontario has finally issued a regulation to accompany its controversial "blood samples" legislation, passed in 2001. As a result, in certain circumstances, a person in Ontario can now seek an order to require another person to be tested for HIV, hepatitis B (HBV), and hepatitis C (HCV). However, the regulation contains a number of restrictions on the ability to apply for such an order.