Perceived human rights and support for new democracies: lessons from Mexico

Political elites in emerging democracies are likely to promise improvements on human rights. From an empirical perspective, however, emerging democracies tend to perform rather poorly in this domain. Given this tension between elite rhetoric and performance, it is important to examine the extent to which citizens in emerging democracies evaluate democracy and new democratic leaders' performance on the bases of their perceptions of respect for human rights. This topic remains largely unexplored and conventional wisdom suggests that economic satisfaction, not human rights concerns, drives individuals' support for democracy. We aim to fill this gap in the literature by investigating the extent to which specific and diffuse political support is related to individuals' perceptions of respect for human rights in the context of an emerging democracy. Taking advantage of two representative survey data sets from Mexico from 2003 and 2010, our empirical findings suggest that citizens are more likely to support their president, their government and democratization when they believe that human rights are respected. By examining the relationship between democracy and human rights protections at the individual level, our research is a pioneering effort to better explain the interaction between the prospects of democratic consolidation and perceptions of human rights.     

Terrorist profiling: human rights concerns

Post-9/11, law-enforcement agencies have expanded the processing of personal data for terrorist profiles; this is actually among the very reasons why personal data are processed in the first place. De facto terrorist profiles tend to be based predominantly on the use of such criteria as ‘race’, colour, religion, or ethnic and national origin to single out persons for enhanced scrutiny. Terrorist-profiling practices, therefore, raise the question as to their conformity with the right to privacy, the protection of personal data, and the principle of non-discrimination. This article critically examines to what extent, if any, terrorist-profiling practices may be regarded as compatible with the principle of non-discrimination and the fundamental rules pertaining to the protection of personal data. For this purpose, it looks at various approaches to defining profiling in the context of countering terrorism, as well as describing de facto manifestations of terrorist-profiling practices. The conclusion is that terrorist-profiling practices all too often fail to comply with the fundamental requirement that any restrictions on the right to privacy and the protection of personal data are adequately regulated, necessary and proportionate. The so-called ethnic profiling gives rise to particularly serious problems. It tends to assume the nature of ‘racial’ profiling and, accordingly, entail discriminatory effects that can result in feelings of humiliation and stigmatisation among the targeted groups. Since the risk of further marginalisation and even radicalisation within those groups also appears to be a very real consideration, the whole necessity of ethnic profiling in the name of countering terrorism must be called into question in a contemporary democratic society built on the principles of pluralism and respect for different cultures.     

Positive Dental Identification Using Tooth Anatomy and Digital Superimposition

Dental identification of unknown human remains continues to be a relevant and reliable adjunct to forensic investigations. The advent of genomic and mitochondrial DNA procedures has not displaced the practical use of dental and related osseous structures remaining after destructive incidents that can render human remains unrecognizable, severely burned, and fragmented. The ability to conclusively identify victims of accident and homicide is based on the availability of antemortem records containing substantial and unambiguous proof of dental and related osseous characteristics. This case report documents the use of digital comparative analysis of antemortem dental models and postmortem dentition, to determine a dental identification. Images of dental models were digitally analyzed using Adobe Photoshop^TM software. Individual tooth anatomy was compared between the antemortem and postmortem images. Digital superimposition techniques were also used for the comparison. With the absence of antemortem radiographs, this method proved useful to reach a positive identification in this case.     

The transnational protection regime and democratic breakthrough in Taiwan and South Korea

External state pressure is understood to have played a causally significant role in democratic breakthrough in Taiwan and South Korea during the 1980s. This article problematizes the international dimensions of democratization in Taiwan and South Korea by first providing a revisionist account of external agency which involved complex networks of transnational nonstate and substate actors. These included human rights activists, Christian churches and related ecumenical organizations, members of the Taiwanese and Korean diaspora communities in the US, academics and students, foreign journalists, and members of the US Congress. In forming a transnational “protection regime” during the 1970s and 1980s to protect the political opposition from repressive governments, they contributed to the development of effective democratic movements. The case studies provide us with a more comprehensive view of the international dimensions of democratization, speaking to both the country specific and general theoretical literatures on democratization at the same time.     

Counter-terrorism and alien justice: the case of security certificates in Canada

This article examines the security certificate process that has been in effect in Canada since 1978 and the 2008 amendment (Bill C-3) of the Immigration and Refugees Protection Act. It highlights how democratic means can be used to subvert meaningful policy changes, and underscores the antinomy inherent in a nation-state's zeal to protect its citizens and appeals by a group of Arab Muslim men held under security certificates for suspected terrorist activities for their human rights to be recognised and respected by a state in which they are non-citizens. The problematic immanent in nation-states serving as guarantors of human rights and its concomitant misconstruing of human rights for citizenship rights are used to demonstrate that an ‘internal Other’ has been created in Canada. The security certificate, it is argued, in stipulating that detainees may request to be deported to countries where they regularly reside or hold nationality, makes them akin to Hannah Arendt's notion of the ‘rightless’ – people who have not only lost their home (i.e., polity) or ‘distinct place in the world’, but also their legal status. Consequently, even in an advanced democracy with grandiose claims to, and assurances of, individual liberty and fundamental freedoms, ‘rightless’ people face a great danger by the fact of being nothing beyond ‘human’.     

Counter-terrorism and communities: an interview with Robert Lambert

The targeted sanctions adopted by the UN Security Council against individuals and entities suspected of association with terrorism are managed through procedures that infringe fundamental human rights, and there are no mechanisms for actual accountability. With the exception of the ECJ in Kadi, municipal and regional courts tend to consider the UN Security Council's resolutions and domestic measures implementing them outside the scope of judicial review. This article argues that the Security Council is bound to observe human rights even in the context of international security action, and that States are not exonerated from international responsibility for violations committed under the umbrella of Chapter VII resolutions.     

Tattoos and Human Identification: Investigation into the Use of X‐Ray and Infrared Radiation in the Visualization of Tattoos

Any person with a tattoo known to their family or friends could potentially be identified from the presence of such personal identifying markers. Problems in identification utilizing tattoos may arise when these markers are removed or defaced in some way. This paper uses infrared wavelengths at 760, 850, and 950 nm to improve the visualization of laser‐removed or covered up tattoos and also to establish whether the ink pigments used can be observed on radiographs from any metal that may be present. The results obtained indicate that some older inks have a high enough metallic content to allow them to be viewed on a radiograph, while infrared light can demonstrate latent ink still present in the skin after laser removal and can also be utilized to distinguish an original tattoo through a secondary “cover‐up” tattoo. Infrared photography and radiography have been shown to improve tattoo visualization in a forensic context.     

Comparison of the Volatile Organic Compounds from Different Biological Specimens for Profiling Potential*

Previous work has demonstrated the ability to differentiate individuals based on the analysis of human scent hand odor chemicals. In this paper, a range of forensic biological specimens are shown to also have the ability to differentiate individuals based upon the volatile organic compounds (VOCs) present. Human VOC profiles from hand odor, oral fluid, breath, blood, and urine of 31 individuals were analyzed by solid‐phase microextraction–gas chromatography–mass spectrometry (SPME‐GC‐MS) and combined methods of chromatogram comparison, Spearman rank correlation comparison, and principal component analysis. Intra‐specimen comparisons demonstrated the distinguishability of individuals above 99%. Inter‐specimen VOC profiles from the same individual were found to be too different to be used for scent‐matching purposes, with Spearman rank coefficients below 0.15. A 6‐month VOC profile monitoring of two individuals demonstrated the consistency of VOC profiles over time across specimens.     

Negligence and Human Rights Law: The Case for Separate Development

A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develop independently, so that for the most part the law of negligence ought not to be affected by human rights considerations. It is argued that the case for convergence is based on two false assumptions, namely that human rights law and negligence law perform similar functions within our legal order and that the norms of human rights law are more fundamental than the norms encapsulated in negligence law. It is also argued that convergence would undermine the coherence of negligence law. Ultimately, the case for separate development rests on the desirability of recognising public law and private law as autonomous normative systems with their own distinctive rationales, concepts and core principles.     

The Trafficking in Persons Report: a game of risk

The State Department ranks countries on adherence to minimum standards set forth by the Trafficking Victims Protection Act 2000. The Trafficking in Persons Report (TIP) is updated annually and failure to enact changes to combat trafficking results in higher tier rankings. This paper evaluates the TIP by situating this tool in light of special features of the modern era, such as globalization and risk. Through a survey of the theoretical literature on risk and on trafficking risk factors, we devise six preliminary risk clusters and discuss how the TIP could incorporate governments’ response to trafficking risk factors into the ranking system. Our intentions are to spark debate about how risk factors could be incorporated in the TIP, to provide a preliminary model and to encourage further research in this area.