Ethnic Profiling: A Rising Challenge for European Human Rights Law

Ethnic profiling, defined as the use of racial, ethnic or religious background as a determining criterion for the adoption of law enforcement decisions, has been rising significantly in Europe, in particular in the wake of the terrorist attacks of 11 September 2001. This article examines whether European human rights law is well equipped to deal with this challenge, and if not, how it should be reformed. Against the widely held assumption that personal data protection legislation is insufficiently protective of 'sensitive' data relating to race or ethnicity, it explains instead why combating ethnic profiling has been made more difficult, rather than less, by an overly protective reading of the requirements of data protection laws. It then discusses the additional measures that European states could take to address more effectively the human rights concerns prompted by the development of ethnic profiling.     

Gorbachev,Mitterrand, and the Emergence of the Post-Cold War Order in Europe

More than two decades since the Cold War's end, the new ‘united’ Europe resembles the old divided one, without the ideological cleavage. Transferred farther east, the continent's re-division condemned Russia to Europe's fringes where it remains today. Some scholars trace the origins of this fault line to 1989–1990, blaming the United States, Germany and the USSR for failing to erect pan-European security foundations. Few, however, focus on the not insubstantial role of France in this story. Mikhail Gorbachev's close ties with his intellectual mentor François Mitterrand contributed to the failure in unexpected ways. This essay explains this element in the history of the pan-European idea while also shedding light on the politics behind the birth of the EU.     

Treating Couples Who Mutually Exhibit Violence or Aggression: Reducing Behaviors that Show a Susceptibility for Violence

This work evaluated a psycho-educational, group-based, conjoint treatment for couples experiencing intimate partner violence characterized by mutual low-level physical violence and psychological aggression. The ability of the treatment program to reduce violence between partners was evaluated via a multi-method, multi-informant, multiple time point experimental design. Procedures were completed at four times: baseline/pre-treatment, post-treatment, ~six months post-treatment, and ~12 months post-treatment. At each time point, couples individually self-reported on violence in the relationship and participated in a conflict discussion during which behaviors that show a propensity toward violence (i.e., contempt, belligerence, domineering, anger, and defensiveness) were observed. Results show that the program had no direct impact on self-reported violence. However, the program did impact observed behavior; males in the treatment group showed a significant decline in behaviors that show a propensity toward violence. Although the model for females was not significant, the pattern for females was comparable to that of males.     

To allot or not to allot public services? An incomplete contract approach

Using an incomplete contract framework, we analyze the consequences of allotment in public procurement. Allotment aims at dividing a public service into several lots that can be awarded to different operators. This increases the number of bidders during the competitive tendering, as well as it reduces the size of the service managed by each operator. We model the impacts of allotment both on price and quality of public services provided under public procurement. When the quality of services depends on non-contractible efforts made by the operators during the execution of the contract, our results show that (1) the operators have higher incentives to make non-contractible efforts when there is no allotment, and that (2) allotment does not maximize the joint payoffs of the public and private parties (i.e. the total surplus), but mainly benefits public authorities representing the users of the service.     

Predictive accuracy of dynamic risk factors for aboriginal and non-aboriginal sex offenders: an exploratory comparison using STABLE-2007

Although Aboriginal offenders are overrepresented in Canadian prisons, there is limited research examining the extent to which commonly used risk factors and risk scales are applicable to Aboriginals. Aboriginal (n = 88) and non-Aboriginal (n = 509) sex offenders on community supervision were compared on the dynamic risk factors of STABLE-2007. Data on sexual, violent, any crime, and any recidivism (including breaches) were collected with an average follow-up of 3.4 years. Aboriginal offenders scored significantly higher than non-Aboriginal offenders on STABLE-2007 total scores and on several items measuring general criminality. STABLE-2007 did not significantly predict recidivism with Aboriginal offenders (although it did for non-Aboriginals). The general antisociality items were generally significantly less predictive for Aboriginals than non-Aboriginals, whereas items assessing sexual self-regulation and relationship stability predicted similarly for both groups. These exploratory results suggest that Aboriginal sex offenders are a higher-needs group but that some STABLE-2007 items are not predictive with this population.     

Dental age assessment of southern Chinese using the United Kingdom Caucasian reference dataset

Dental age assessment is one the most accurate methods for estimating the age of an unknown person. Demirjian's dataset on a French-Canadian population has been widely tested for its applicability on various ethnic groups including southern Chinese. Following inaccurate results from these studies, investigators are now confronted with using alternate datasets for comparison. Testing the applicability of other reliable datasets which result in accurate findings might limit the need to develop population specific standards. Recently, a Reference Data Set (RDS) similar to the Demirjian was prepared in the United Kingdom (UK) and has been subsequently validated. The advantages of the UK Caucasian RDS includes versatility from including both the maxillary and mandibular dentitions, involvement of a wide age group of subjects for evaluation and the possibility of precise age estimation with the mathematical technique of meta-analysis. The aim of this study was to evaluate the applicability of the United Kingdom Caucasian RDS on southern Chinese subjects. Dental panoramic tomographs (DPT) of 266 subjects (133 males and 133 females) aged 2-21 years that were previously taken for clinical diagnostic purposes were selected and scored by a single calibrated examiner based on Demirjian's classification of tooth developmental stages (A-H). The ages corresponding to each stage of tooth developmental stage were obtained from the UK dataset. Intra-examiner reproducibility was tested and the Cohen kappa (0.88) showed that the level of agreement was 'almost perfect'. The estimated dental age was then compared with the chronological age using a paired t-test, with statistical significance set at p<0.01. The results showed that the UK dataset, underestimated the age of southern Chinese subjects by 0.24 years but the results were not statistically significant. In conclusion, the UK Caucasian RDS may not be suitable for estimating the age of southern Chinese subjects and there is a need for an ethnic specific reference dataset for southern Chinese.     

Minors' capacity to refuse treatment: a reply to Gilmore and Herring

Re R and Re W allow a parent to consent to treatment a competent minor refuses, but the cases have not been tested post-Human Rights Act 1998. Gilmore and Herring offer a means by which they might be distinguished or sidelined. They interpret Gillick to say that in order to consent a minor need only have a full understanding of the particular treatment. They argue that the minors in Re R and Re W were refusing all treatment which requires a separate assessment of capacity-an assessment which was not made. We fear that this distinction would not be workable in clinical practice and argue that their interpretation of Gillick is flawed. From a clinician's point of view, competence cannot always be judged in relation to a specific treatment, but instead must relate to the decision. We show that a decision can incorporate more than one treatment, and more than one decision might be made about one treatment. A minor's understanding of a specific treatment is not always sufficient to demonstrate competence to make a decision. The result is that whilst there might be situations when a parent and a minor both have the power to consent to a particular treatment, they will not share concurrent powers in relation to the same decision. Consequently, a challenge to Re R and Re W, if forthcoming, would need to take a different form. We emphasise the necessity to minimise the dichotomy between legal consent and how consent works in medical practice.