Condliff v North Staffordshire Primary Care Trust: can human rights redress inequities in United Kingdom and Australian cost-containment-driven health care reforms?

A recent case from the English Court of Appeal (R (on the application of Condliff) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910, concerning denial by a regional health care rationing committee of laparoscopic gastric bypass surgery for morbid obesity) demonstrates the problems of attempting to rely post hoc on human rights protections to ameliorate inequities in health care reforms that emphasise institutional budgets rather than universal access. This column analyses the complexities of such an approach in relation to recent policy debates and legislative reform of the health systems in the United Kingdom and Australia. Enforceable human rights, such as those available in the United Kingdom to the patient Tom Condliff, appear insufficient to adequately redress issues of inequity promoted by such "reforms". Equity may fare even worse under Australian cost-containment health care reforms, given the absence of relevant enforceable human rights in that jurisdiction.     

Women and Reparations

Reparations for victims of gross human rights violations arebecoming an increasingly acknowledged feature in post-authoritarianand post-conflict societies coping with the legacy of a violentpast. Despite some recent progress much more work needs to bedone for massive reparations programs to respond better to theneeds of women. This article, resting as it does on a comprehensiveconception of reparations, outlines both the procedural andsubstantive components of reparations programs necessary forthe programs to fulfill the goal of providing (partial) justiceto women.     

Assessment of Silicone Polymer Composites for Environmental Forensic Applications: A Proof of Concept Study*

Abstract: This study evaluates the use of polydimethylsiloxane polymer composites (PDMS, Fe–PDMS) as a passive sampling media to preconcentrate analytes found in environmental settings. Samplers were made using commercially available silicone products. The composite samplers were assessed for their sorption properties using Atrazine and Irgarol 1051 as model compounds. The initial study assessed the utility of PDMS sheets as adsorption material by following analyte depletion from spiked water samples by solid‐phase microextraction gas chromatography/mass spectrometry (GC/MS). Follow‐up studies conducted at high and low concentrations using lab manufactured iron‐ PDMS rods (Fe–PDMS) showed effective uptake at differential rates from concentrations ranging between 1 μg/L and 10 μg/L. Adsorption mechanism was reversible, and compounds were recovered from the exposed materials and analyzed by liquid–liquid extraction‐GC/MS. Both composites showed better affinity for Irgarol 1051, 100% removal, than for Atrazine, 30% removal, likely representing their K_OW differences, 3.6 and 2.6, respectively. This “proof of concept” study demonstrates the positive implications for the use of silicon polymer composites as a monitoring tool for environmental forensic purposes.     

Use of the MMPI-2 Restructured Clinical (RC) Scales in Detecting Criminal Malingering

The purpose of the present study was to assess the effects of criminal malingering on the MMPI-2 Restructured Clinical (RC) scales. Sixty undergraduate students were given the MMPI-2 twice. One administration was conducted according to the MMPI-2 manual, and the other was given with a special set of malingering instructions specific to a prison setting. The two MMPI-2 profiles for each participant were scored for both the Basic and RC scales. Eight participants were eliminated from the data analysis due to validity (VRIN or TRIN) concerns. Data from the remaining 52 participants were analyzed using a 2 × 2 repeated measures ANOVA. Results showed that, as expected, the participants achieved higher MMPI-2 scores in the malingering condition. Also, participants achieved higher scores overall on the Basic scales and a significant interaction showed that participants achieved higher scores on the Basic Scales in the malingering condition than on the RC scales in that condition. These results supported prior research, indicating that malingerers produce elevated RC profiles. However, the present results also suggest that the Basic scales may be more effective in actually detecting malingerers, mainly due to the much lower ceiling on the RC scaled scores. Further implications of these findings for research and clinical work are also discussed.     

Cascading Bias of Initial Exposure to Information at the Crime Scene to the Subsequent Evaluation of Skeletal Remains,

Thirty‐eight participants took part in a study that investigated the potential cascading effects of initial exposure to extraneous context upon subsequent decision‐making. Participants investigated a mock crime scene, which included the excavation of clandestine burials that had a male skeletal cast dressed either in female or gender neutral clothing. This was followed by a forensic anthropological assessment of the skeletal remains, with a control group assessing the same male skeletal cast without any clothing context. The results indicated that the sex assessment was highly dependent upon the context in which participants were exposed to prior to the analysis. This was especially noticeable in the female clothing context where only one participant determined the male skeletal cast to be male. The results demonstrate the importance of understanding the role of context in forensic anthropology at an early stage of an investigation and its potential cascading effect on subsequent assessments.     

The suitability of visual taphonomic methods for digital photographs: An experimental approach with pig carcasses in a tropical climate

In the context of increased scrutiny of the methods in forensic sciences, it is essential to ensure that the approaches used in forensic taphonomy to measure decomposition and estimate the postmortem interval are underpinned by robust evidence-based data. Digital photographs are an important source of documentation in forensic taphonomic investigations but the suitability of the current approaches for photographs, rather than real-time remains, is poorly studied which can undermine accurate forensic conclusions. The present study aimed to investigate the suitability of 2D colour digital photographs for evaluating decomposition of exposed human analogues (Sus scrofa domesticus) in a tropical savanna environment (Hawaii), using two published scoring methods; Megyesi et al., 2005 and Keough et al., 2017. It was found that there were significant differences between the real-time and photograph decomposition scores when the Megyesi et al. method was used. However, the Keough et al. method applied to photographs reflected real-time decomposition more closely and thus appears more suitable to evaluate pig decomposition from 2D photographs. The findings indicate that the type of scoring method used has a significant impact on the ability to accurately evaluate the decomposition of exposed pig carcasses from photographs. It was further identified that photographic taphonomic analysis can reach high inter-observer reproducibility. These novel findings are of significant importance for the forensic sciences as they highlight the potential for high quality photograph coverage to provide useful complementary information for the forensic taphonomic investigation. New recommendations to develop robust transparent approaches adapted to photographs in forensic taphonomy are suggested based on these findings.     

Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data through the introduction of the term ‘pseudonymisation’ in Article 4(5). If all data which have been ‘pseudonymised’ in the conventional sense of the word (e.g. key-coded) are to be treated as personal data, this would have serious implications for research. Administrative data research, which is carried out on data routinely collected and held by public authorities, would be particularly affected as the sharing of de-identified data could constitute the unconsented disclosure of identifiable information.Instead, however, we argue that the definition of pseudonymisation in Article 4(5) GDPR will not expand the category of personal data, and that there is no intention that it should do so. The definition of pseudonymisation under the GDPR is not intended to determine whether data are personal data; indeed it is clear that all data falling within this definition are personal data. Rather, it is Recital 26 and its requirement of a ‘means reasonably likely to be used’ which remains the relevant test as to whether data are personal. This leaves open the possibility that data which have been ‘pseudonymised’ in the conventional sense of key-coding can still be rendered anonymous. There may also be circumstances in which data which have undergone pseudonymisation within one organisation could be anonymous for a third party. We explain how, with reference to the data environment factors as set out in the UK Anonymisation Network's Anonymisation Decision-Making Framework.     

Obstruction in parliaments: a cross-national perspective

ABSTRACT

In legislative institutions, disruptions to the agenda and delays in processing legislation can have a significant impact on the ability of legislative majorities to realise success. Few previous studies have systematically examined parliamentary obstruction in non-U.S. settings. In this article, I investigate the extent to which obstruction occurs in parliaments around the world. The evidence, drawn from a 2016 survey of members of the Association of Secretaries General of Parliaments (ASGP) and supplemented with documentary evidence and interviews with parliamentary clerks and members of parliament in several countries demonstrates that obstructive behaviour occurs in a variety of types of national legislatures and across different political systems and institutional settings.