Human rights violations and genocide in the Democratic Republic of the Congo

The massacres that took place in the Democratic Republic of Congo (DRC) between 1996 and 2003 have posed an interesting challenge to the global community, specifically to its more powerful members. Ironically, the Tutsi-dominated government of Rwanda enjoys international recognition and benefits based on the genocide, Rwanda suffered in 1994, but continues to deny the same benefit to Hutus as they were accused of leading a counter-genocide campaign then in the DRC. While the people of the DRC, as well as human rights activists, call for justice for all who were affected, the government of Rwanda, strongly backed by a number of powerful international powers, opposed attempts by the international community to pin charges of genocide perpetrated by its army in the DRC on it. Because of the clear negation of the genocide report by the Rwandan government, the nature of human rights, human rights violations, and genocide criteria proposed and defended by key members of the international community in relation to the mass killings in the DRC are examined.     

Missed opportunities: learning from the mistakes at Attica

The Attica prison riot was the culmination of years of increasing tension between the urban, racial, and ethnic minorities held at the prison and the rural, white officers, and administrators responsible for incarcerating them. While race was certainly an important factor in the riot, there were also a number of problems at the prison that prompted inmates of all races to unite against the New York State Department of Correctional Services and the state government. Inmates’ frustration increased as they waited for reforms that were promised but never materialized. As inmates’ patience waned, the prison administration made a number of decisions that damaged its ability to maintain peace and respond to problems. A review of the circumstances leading to the riot at the Attica Penitentiary in September 1971 is included as well as an analysis of some more recent riots where similar conditions and warning signs were present.     

The Economic Impact of the Louvre

The economic importance of cultural activities for economic development is frequently emphasized. This is the case for the Louvre, often considered as the world's leading museum: more than eight and half million visitors, exceptional collections, and unrivaled location at the heart of Paris. Considering the “average option,” it can be said that its impact is very favorable: a gross value of €938 million, a net tax gain of €39 million, and between 12,738 and 18,090 jobs created. But another important lesson may be drawn: the Louvre does not fully benefit yet from its intellectual property rights, due to a management that has been very shy in the past, but that can be very promising for the future.     

On a clear day you can see forever: Integrating values and skills in sex offender treatment

Abstract

The topic of sex offender rehabilitation frequently evokes fierce reactions, ranging from strident demands for harsher sentences contrasted with calls for more imaginative and compassionate sentencing options. There seems to be a polarization of positions centred on the question of offenders’ moral standing: are they moral strangers or fellow travellers? This fundamental disagreement about offenders’ moral status is at the core of a number of independent, although related current practice and research issues confronting the field, namely: (1) risk management versus strength-based treatment approaches; (2) the utility of utilizing individually tailored versus manual-based programmes for offenders; (3) focusing on the technical aspects or therapy as opposed to relationship and therapist factors (what has been called process issues); and (4) the conflict between protecting the community versus promoting the interests of offenders. In this paper I suggest that an approach to sex offender treatment based on a combination of human rights theory (an ethical resource) and strengths-based approaches can help us navigate our way through the above dilemmas in a way that addressees both the needs of offenders and those of the community.     

Juvenile Justice in Scandinavia

The main issue is the legal protection of children and juveniles suspected of or convicted for crime. The age of criminal responsibility is 15 years in the countries concerned. Particular juvenile justice systems do not exist in Scandinavia. There are, however, exceptions from the general system in order to maintain needs, interests and rights of children and juveniles. Some common characteristics are described, for instance diversion of juveniles from prison into social welfare measures and the prohibition of placing children in jail. Individual characteristics are pointed out as well. Introduction of secure social institutions as an alternative to imprisonment in Sweden and Denmark is one, mediation processes with children as parties in Finland and Norway is another. It is argued that from the point of view of legality the demands for legal rights are of greatest importance in prosecution and punishment matters, whereas social welfare support is not to the same degree concerned about such questions. Furthermore it is argued that in spite of good intentions the Scandinavian countries challenge the UN Convention on the Rights of the Child, by not definitely prohibiting the possibility of a juvenile serving a prison sentence together with adults. It is stated that the distance between constructive pragmatism and destructive loss of principles as legality, equality and proportionality may be short. Crime trends are not linked to the politics: there is no relation between crime rates and political attention to crime. Juvenile justice has increasing political attention these years while the crime rates tend to be stable. In relation not solely to the economy and the Convention but first and foremost in the interest of children and juveniles more thought should be given to scientific experiences about early and appropriate prevention.     

Perceptions About Changing the MirandaWarnings Among Police Chiefs

Abstract

A number of studies have considered whether the race of a police officer influences police decision-making processes. The current study assesses whether a police chief's race influences perceptions about the Mirandawarnings. Police chiefs from the Commonwealth of Virginia completed questionnaires assessing various aspects about the Mirandawarnings when the fate of the warnings was to be determined by the Supreme Court. Results suggest that race only moderately influenced chiefs' perceptions. Implications are provided.     

基因权的私法规范：背景、原则与体系

基因权是自然人基于自己的特定基因而享有的人格权,其终极目标是实现“基因正义”。在风险社会、多维利益、医疗决策等社会交往关系背景下,基因权利话语得以铺展,并凝炼出风险预防、权利相对、多元正义、宽容规制等特别的规范原则。我国恰当的规范选择是法律与伦理的互动模式,建构的重点和主线是以人格权保护为中心的基因权私法规范。基于我国现阶段的社会状况和立法背景,制定一部《基因权法》的可能性似乎并不存在,但《基因权法》的形式意义无疑具有政治的和法的正当性。     

劳动权的防御权功能与国家的尊重义务

防御权功能是劳动权的首要功能,以防止国家权力的干预、为公民创设"自由空间"为旨趣。公民劳动权的起始之处,即国家权力的终止之所。防御权功能属于"主观权利"范畴,公民享有"不作为请求权"、"停止侵害请求权"。尽管我国《宪法》未规定劳动自由,然而,从"事实"与"规范"二维度看,防御权功能亦是我国劳动权的题中之义。劳动权的防御权功能之实现仰赖国家履行"消极不作为"的"尊重义务"。尊重义务是劳动权保障的根本义务,立法机关和司法机关是尊重义务的主体,行政机关在一定程度上具有尊重义务的主体资格。     

ASEAN and human rights: resisting Western pressure or emulating the West?

Abstract

Observers of Southeast Asian affairs commonly assume that the members of the Association of Southeast Asian Nations (ASEAN) are reluctant to pursue liberal agendas, and that their main concern is to resist pressure from Western powers to improve their human rights practice. This article, however, argues that such a conventional view is too simplistic. The Southeast Asian countries have voluntarily been pursuing liberal agendas, and their main concern here is to be identified as ‘Western’ countries – advanced countries with legitimate international status. They have ‘mimetically’ been adopting the norm of human rights which is championed by the advanced industrialized democracies, with the intention of securing ASEAN's identity as a legitimate institution in the community of modern states. Ultimately, they have been pursuing liberal agendas, for the same reason as cash-strapped developing countries have luxurious national airlines and newly-independent countries institute national flags. Yet it should be noted that the progress of ASEAN's liberal reform has been modest. A conventional strategy for facilitating this reform would be to put more pressure on the members of ASEAN; however, the usefulness of such a strategy is diminishing. The development of an East Asian community, the core component of which is the ASEAN–China concord, makes it difficult for the Western powers to exercise influence over the Southeast Asian countries. Hence, as an alternative strategy, this article proposes that ASEAN's external partners should ‘globalize’ the issue of its liberal reform, by openly assessing its human rights record in global settings, with the aim of boosting the concern of its members for ASEAN's international standing.     

Lawnscape: semiotics of space,spectacle, and ownership

While seemingly straightforward, the boundaries of ownership can be confusing. Take the front lawn, for instance. Some local ordinances prohibit such things as parking on one's front lawn or displaying celebratory storks, “For Sale” signs, or political displays out of concern for the neighbours. However, what happens when the front lawn is taken over by an unstoppable lava flow? On the Big Island of Hawai'i, countless front lawns are now vast expanses of hardened black lava. These lawns exist now under changed jurisdiction as legal spaces. No longer are these lava-ed lawns now simply purely private property as state authorities now control the area. On front lawns with or without lava, the notion of ownership is confused by two competing rights: the rights of those who inhabit the property versus the rights of those who view the property. Here, the context of rights expands traditional claims and lines of ownership according to the activity of spectaclizing. This paper will examine the tension of ownership and pursuant competing rights that challenge the construction of traditional boundaries and their enforcement within the framework of the semiotics of space. In this paper, the semiotics of space found in front lawns challenges the standard faculties of law to remedy conflicting rights.