Governmental filtering of websites: The Dutch case

Following the example of Norway and other European Countries, such as Sweden and Denmark, in April 2007 the Dutch government started filtering and blocking web pages with child pornographic content. In this paper we present a research into the technological, legal and practical possibilities of this measure. Our study leads us to the conclusion that the deployment of filters by or on behalf of the Dutch government is not based on any founded knowledge concerning the effectiveness of the approach. Furthermore, the actions of the Dutch law enforcement authorities do not avail over legal powers to filter and block internet traffic. Consequently the Dutch filtering practice was found to be unlawful. The government could enact a law that provides the police with the relevant powers. However, child porn filters always cause a certain amount of structural overblocking, which means that the government is then engaged in structural blocking of information that is not against the law. This would be in conflict with basic rights as laid down in the European Convention on Human Rights and Fundamental Freedoms and in national legislation. Maintaining a blacklist that is serious in size (a necessary condition for being effective), and at the same time is up-to-date and error-free (which is needed to prevent overblocking), is very labour-intensive, if not impossible to maintain. From the Dutch national police policy perspective it follows that putting so much labour in maintaining a blacklist cannot be considered as a police task. Why then did the Dutch police start filtering? In a society where child pornography is judged with abhorrence, in which safety is rated higher then privacy, and in which managers and politicians frequently have a naive faith in technology, the advocates of internet filters against child pornography quickly find wide-spread support. Although this paper refers to the situation in The Netherlands, it includes a number of elements and issues that are relevant to other European States as well.     

Fatal case of Rapunzel syndrome in neglected child

Rapunzel syndrome is very extreme form of trichobezoar formation where the tail of the trichobezoar extends from the stomach into the small intestine. Death resulting from this condition is rare and is usually associated with gastric or intestinal perforation. We report a fatal case of Rapunzel syndrome in a 3 years and 10 months old girl. Review of the literature indicates that this case involves the youngest child to have died from this syndrome. Furthermore, this case is unique due to the clear association with the parent's neglect with failure to provide the child with adequate health care.     

论我国公益公诉制度之构建

随着我国经济和社会的发展,环境保护、消费者权益保护等方面的矛盾逐渐凸现,因此建立公益诉讼制度日益成为社会公众的一个迫切要求。虽然法学界对建立公益诉讼制度的重要性和迫切性已经到达了一致认同,但是在具体的制度设计方面还存在较大的差异。在本文中,笔者力图通过介绍公益诉讼的相关概念,阐述公诉权理论,分析检察院提起公益诉讼的必要性,来对我国公益诉讼制度的具体构建提出若干可行性建议,以期对我国公益诉讼制度的构建有所裨益。     

Migration and Healthcare Reforms in Spain: Symbolic Politics,Converging Outputs,Oppositions from the Field

ABSTRACT

Migrants’ healthcare entitlement represents a conflictive issue in the political battlefield, with research pointing towards the determinant role of party politics in determining policy outputs. Addressing the 2012 healthcare reform and 2018 counter-reform adopted in Spain by a right-wing and left-wing government respectively and drawing on qualitative analysis of parties’ discourses and policy measures, we argue that ideological differences along the healthcare-migration nexus were overemphasised to play symbolic politics. Partisan competition had less impact on actual outputs, while clashes between the central and regional governments, path-dependent practices and opposition from multiple venues played a central role in the policymaking process.     

Low recidivism rates of child sex offenders in a Finnish 7-year follow-up

ABSTRACT

This study examines the recidivism rates of Finnish child sex offenders convicted in 2010 (n = 361) over a follow-up period of seven years. The results indicate that while reoffending for other types of offences was common (34%), offenders had very low sexual crime recidivism rates (1%). In terms of more persistent criminal careers, less than a quarter of the offenders had both a previous criminal history and at least one subsequent offence during the follow-up period. Offenders with child sexual abuse material-related crimes reoffended more rarely than did others. Study limitations and implications for policymaking, media and rehabilitation are discussed.     

瑞典的新法团主义与经济发展：经验及启示

战后以瑞典为代表的北欧国家沿着新法团主义路径建设包容性福利国家体制，创造了融合经济增长与国民福祉的综合性发展。瑞典经验表明，要实现稳定的社会经济转型，包容性制度设置是至关重要的，包括倡导协商共识的政治过程、组织有序的社会团体、自由竞争的市场机制、积极有效的充分就业政策，以及包容性社会保护措施。新法团主义体制在推动经济发展的同时，也增强了政治社会的弹性，可以为我国社会转型与建设提供经验借鉴和有益启示。     

Negative reactions to the sexually abused victims,withdrawing the complaint and outcomes of the litigation: the first data from Turkey

In order to provide psychosocial services to children with sexual abuse (SA) histories, their needs and problems should be initially identified. In this study, it is intended to determine the psychosocial problems of victims. Participants were 73 victims between aged between 16 and 21. A telephone interview form was used to collect the study data. It is found that there were several problems noted by victims, including underage marriage (15.1%), teenage pregnancy (6.9%), revictimization (13.7%), need for psychiatric support (21.9%) as well as negative social reaction (84.4%) and not being supported by family (41.1%). One-third of the victims (30.1%) had withdrawn the complaint for reasons such as SA being heard among social circle, the negative effect of court process on psychological well-being, make a new beginning and reasons related to the suspects. Finally, it was found out that 21.9% of the parents did not know the outcome of the litigation, 34.2% of them were satisfied with the case result, 43.8% of them were not satisfied with the penalty, 43.8% of the litigation process was ended in favor of the suspect and 43.9% of the suspects were punished. This study shows the need for prevention and intervention studies to solve the problems of SA victims, and it is essential to make the justice system child-friendly.     

It's not Economic Interventionism,Stupid! Reassessing the Political Economy of Radical Right‐wing Populist Parties

This paper engages in a comparative analysis of the economic positions of radical right‐wing populist parties in Western Europe. Following Ennser‐Jedenastik ( 2016 ), we argue that those parties’ political economy is best captured in terms of the nativist, populist and authoritarian features of their core ideology, each of which produces a specific set of economic policies independent from the issue of government intervention in the economy. On basis of an analysis of the election manifestos of seven radical right‐wing populist parties in Western Europe in the period 2005‐2015, we argue that those parties share similarities in their economic nativism, authoritarianism and populism, whilst their positions on the traditional role of the state in the economy are more diverse. The findings indicate also a unified ‘nativist’ response to the global financial crisis both in terms of welfare chauvinism and economic protectionism. We discuss the role of internal and external factors in explaining the economic profile of radical right‐wing populist parties.     

社会福利保障的宪法路径选择

世界各国宪法保障社会福利有两种模式,一种是在宪法中列举各种社会权利的"社会权"保障模式,另一种是仅在宪法中明确建设社会国家的原则或者类似条款的"社会国"保障模式。从我国《宪法》的现有规定及其变迁、宪法的解释与学界的解读看,我国属于"社会权"模式。"社会权"保障模式的缺陷是随着民众追求平等意识的成长、市场机制的扩展和公民权利意识的增强,社会福利可能借助宪法无序、无限地扩张。通过淡化社会福利的权利性质、转变社会权的合宪性审查的方向、扩展反射利益推进社会福利以及贯彻宪法设立的可承受性、适度性原则,可以推进我国社会福利宪法保障模式由"社会权"模式向"社会国"模式转换。