European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

完善医疗制度 缓和医患关系

随着社会的发展,医疗纠纷数量日趋增多,成为卫生部门、医院、医生的最大难题,是继医疗改革之后的又一备受社会各界关注的热门话题,医患关系成为社会最不和谐的声音。医患关系紧张、医疗纠纷增多与我国目前相关制度、法规不健全有极大的关系。本文探讨通过建全相关制度、法规以缓和医患矛盾的问题,试图寻找合理处理医疗纠纷的办法。     

Away From Home: Somali Women's Mediated Entry Into the United Kingdom

Based on in-depth interviews with 26 Somali women refugees, this article discusses structural arrangements around their settlement in the United Kingdom (UK). Their “male-centered” migration can be viewed as a specific form of patriarchal institution where men control women's trajectories. Based on Bourdieu's concept of social capital, I introduce a new category of knowledge capital—supplementary capital—to discuss sociocultural/political stratifications that affect integration of my informants in the UK. I show how a lack of familiarity with the dominant language became central to their integration difficulties. These underexamined problems are key factors in immigration processes.     

Becoming flesh: refugee hunger strike and embodiments of refusal in German necropolitical spaces

The securitization of the EU’s external borders and repressive asylum policies biopolitically control and discipline the bodies of refugees. In Germany, these developments hark back to a longer colonial history of racialization that the state collectively disavows. To approach this continuity of racialized citizenship, I will analyse a series of hunger strikes that were staged by refugees from 2012 till 2014 in Germany. By asking which possibilities lie in staging the hunger strike, I will argue that Germany’s necropolitical geography of detention, asylum, and deportation marks the racialized refugees’ bodies as disposable within the logics of citizenship. I propose that hunger strike is a form of becoming flesh, which makes visible how racialized violence is enacted on the refugees’ bodies. Becoming flesh articulates a politics of refusal that subverts the logics of recognition, empathy and suffering liberal rights discourses rely on and, instead, performs an embrace of the refugees’ abjection.     

In Search of 'Invisible' Actors: Barriers to Access in Refugee Research

The paper traces the early history of refugee research and showshow, from originally being prime movers in the research, refugeestoday have largely been reduced to invisibility. In the South,access to refugees held in camps is controlled by local governmentbureaucracies and by lead agencies, and may be severely restrictedor completely denied; in the North, refugees held in detentioncentres are equally difficult to access and even more disempowered.Examples are given of studies carried out in Sierra Leone, Sudan,Egypt, Kenya, Greece and the Former Soviet Union. The paperalso considers barriers to disseminating refugee research, andconcludes that now more than ever the duty of the researcheris to speak on behalf of refugees.     

Social Impact Bonds: Implementation,Evaluation, and Monitoring

Traditional approaches to public policy increasingly fail to resolve social challenges, particularly in the field of criminal justice. High rates of juvenile recidivism, for example, are often linked to inequality in education and persistent, long-term unemployment—factors which, while complex, are nonetheless conducive to preventative strategies.

Social impact bonds (SIBs) are “pay-for-success” programs that attract private-sector, upfront funding for social interventions. If the program achieves agreed targets, taxpayer funds repay the investor. If the program fails to meet agreed targets, investors take the loss.

This innovative form of social finance through public–private partnership has helped spur efficiencies and improvements in the provision and outcomes of criminal justice services. However, the success of a SIB depends on careful implementation, evaluation, and monitoring.     

The “Somalinisation” of terrorism and counterterrorism in Kenya: the case of refoulement

Kenya’s state discourse on terrorism and counterterrorism securitises Somali refugees and refugee camps. Using the securitisation theory, a perspective of social constructivism as a theoretical framework, the article attempts to establish the relationship between the securitisation of Somali refugees and refugee camps and refoulement as a measure to counter the securitisation. The arguments raised are the speech acts of Kenya’s securitising actors expressed in the terrorism discourse present Somali refugees and refugee camps as existential threats to peace and security in the country. Consequently, their speech acts expressed in the counterterrorism discourse present non-refoulement of the refugees as an existential threat to national security so as to justify, to the targeted audience, the adoption of refoulement, a norm-violating measure, to counter the fear of the threat of terrorism from Somali refugees and refugee camps. Terrorism and counterterrorism in Kenya have, therefore, been “Somalinised”. The conclusion offers ways of preventing the “Somalinisation” of terrorism and counterterrorism in Kenya.     

How Migration Experience Affects the Acceptance and Active Support of Refugees? Philanthropy and Paid Work of Hungarian Migrants in the German Immigrant Service

Abstract

The paper examines migration experience and migrant solidarity within a differential migration system. The paper unfolds how Hungarians living in Germany have become involved in refugee support (either in form of voluntary or paid work), and how their engagement relates to their own experience of migration. Concerning applied methods the paper is based on a quantitative online survey and qualitative interviews.     

Consent in escrow: opting to opt in

In this paper, we reply to Taylor''s (2015) peer commentary on consent-in-escrow. Specifically, we clarify the utility of this novel approach, the way in which it minimizes risks to participants, and how it differs from existing opt-out methods. We further explore its potential use in fields beyond disaster research.     

Safe Haven Questioned: Proof of Identity Over Persecution of SOGIE Asylum Seekers and Refugee Claimants in Canada

Abstract

Canada, being a country that recognizes sexual orientation and gender identity/expression (SOGIE) as grounds for asylum or refugee status, can appear initially to be a safe haven for those persecuted based on such characteristics. Yet, claimants are required to prove the SOGIE upon which the persecution of the person is reported to have been based. Given that essentialist and binary notions of sexual orientation and gender identity/expression are the criteria utilized, such policy imposes traditional Westernized notions of identity with homonational and recolonizing effects on individuals who are attempting to resettle in Canada.