bluuebunny/crossref_metadata_2025 huggingface dataset:
Private Law Solutions in European Data Protection: Relationship to Privacy, and Waiver of Data Protection Rights
Authors: Purtova Nadezhda
Published: April 2017

In this article a possibility of a private law approach to data protection is considered. The main thesis of the contribution is that the European legal order allows only a limited scope of contractual and property rights with regard to personal data, restricted by the consideration to preserve human rights. In the piece it is first proved that in the system of the ECHR data protection interests are treated under the umbrella of Article 8 right to privacy. As a result, the author concludes that Article 8 right to privacy does not imply a right to waive data protection but provides a legitimate ground to restrict freedom of contract in that area.
Conceptualising Involuntary Sterilisation as ‘Severe Pain or Suffering’ For the Purposes of Torture Discourse
Authors: Sifris Ronli
Published: April 2017

The definition of torture contained in Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires an ‘act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person’. In this article it is argued that involuntary sterilisation constitutes an act which intentionally causes both severe physical and mental pain and suffering, thereby satisfying the first requirement of the definition of torture. In this way, this article takes torture discourse beyond the traditional context and adopts a distinctly gendered approach to the definition of torture by focusing on the involuntary sterilisation of women.
Rescuing a Troubled Concept: An Alternative View of the Right to Development
Authors: Villaroman Noel G.
Published: April 2017

This article proposes an alternative view of the ‘right to development’ which is supported by certain norms whose bases are well-established in international law. Such a view is necessitated by the unjustified expansion of the right's definition courtesy of the 1986 Declaration on the Right to Development and the equally expansionary tendencies of some of its proponents. An expanded definition of the right to development dilutes its strength as a legal principle. How can the right to development be conceived and advanced as a principle of international law possessing a ‘hard law’ status? What are the precise contents of this right and against whom can they be claimed? This article argues that the right to development regroups and consolidates into a single rubric certain fundamental norms and draws its legal strength from their simultaneous and interlocking operation in the international system.
The Use of Alternative Regulatory Instruments to Protect Minors in the Digital Era: Applying Freedom of Expression Safeguards
Authors: Lievens Eva
Published: April 2017

Since the mid-1990s, it has become increasingly clear that legislation, used to protect minors against harmful content in traditional media, is not suitable to regulate the drastically transformed digital media landscape in an efficient manner. In response to this situation, alternative regulatory instruments (ARIs), such as self- and co-regulation, have been incorporated in regulatory strategies to protect minors against harmful digital content. Notwithstanding the common misconception that ARIs function within a legal vacuum, the use of such instruments should comply with the broader legal framework, and more importantly, must respect a number of fundamental rights, such as the rights to freedom of expression, privacy, a fair trial and an effective remedy. This article focuses on the right to freedom of expression and aims to assess with which freedom of expression safeguards the ARIs must comply in order to guarantee the protection that this right entails. To achieve this, the article examines, on the one hand, the applicability of Article 10 ECHR with respect to ARIs, and, on the other hand, the fundamental rights issues that may arise both with respect to the involvement of private actors and the incorporation of technological tools in ARIs.
Bypassing the Prohibition of Amnesty for Human Rights Crimes under International Law: Lessons Learned from the Burundi Peace Process
Authors: Vandeginste Stef
Published: April 2017

Focusing on the case of Burundi, this article analyses the effectiveness of the international prohibition of amnesty for serious human rights crimes at the national level, in the context of complex war-to-peace transitions based on power-sharing deals between former opponents. On the one hand, the amnesty prohibition has clearly affected Burundi's peace process and its proposed transitional justice process. The prohibition found its way into national legislation and no amnesty was granted for genocide, crimes against humanity and war crimes. Throughout its involvement with the Burundian peace process, the United Nations has systematically opposed the use of amnesty legislation that does not respect the constraints imposed by international law. On the other hand, imperatives of political expediency and the desire to safeguard short term political stability have given rise to the establishment and creative use of a sophisticated bypassing mechanism. Through the combination of limitations imposed on the jurisdiction of the national criminal justice system, the use of temporary immunities and the delayed establishment of proposed transitional justice mechanisms, the amnesty prohibition has – so far – been most effectively circumvented. The case of Burundi offers interesting insights into the limits of the global ‘justice cascade’.
Does the Right to Birth Registration Include a Right to a Birth Certificate?
Authors: Gerber Paula , Gargett Andy , Castan Melissa
Published: April 2017

International human rights law has long recognised the right of every child to have their birth registered. However, what is less clear is what this right encompasses. For example, does the normative content of the right to birth registration include a right to a birth certificate? This is a question that has become very relevant to Indigenous Australians many of whom are experiencing difficulties acquiring a birth certificate. This article argues that the right to birth registration, as set out in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, implicitly includes the right to a birth certificate. This conclusion is reached following an analysis of the work of the Human Rights Committee and the Committee on the Rights of the Child.
Reforming the Council of Europe's Human Rights Monitoring Mechanisms
Authors: Kicker Renate , Möstl Markus , Lantschner Emma
Published: April 2017

By comparatively reviewing the monitoring procedures of the Advisory Committee on the Framework Convention for the Protection of National Minorities, the European Commission against Racism and Intolerance, the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, and the European Committee of Social Rights, this article identifies common deficits and achievements in the working methods of human rights monitoring bodies established within the framework of the Council of Europe. It is argued that limitations remain with regard to, first, the information available to the monitoring bodies, second, the extended intervals in between the monitoring cycles, third, the human resources, and fourth, publicity and transparency of the supervisory systems. By describing the initiatives taken to counter these deficits it will be shown that the core achievement of the four monitoring mechanisms is their flexibility to adapt their procedures within the restrictions given by their respective legal frameworks. However, certain limitations remain. This contribution, thus, concludes with proposals for reform that could enable the Council of Europe to better meet current challenges of monitoring human rights in Europe.
Dancing on the Borders of Article 4: Human Trafficking and the European Court of Human Rights in the Rantsev Case
Authors: Stoyanova Vladislava
Published: April 2017

This article points to four worrisome aspects of the Court's reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of human trafficking without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the human trafficking framework should be discarded and the Court should focus and develop the prohibitions on slavery, servitude and forced labour. To advance this argument, the relation between, on the one hand, human trafficking and, on the other hand, slavery, servitude and forced labour is explained. The article suggests hints as to how the Court could have engaged and worked with the definition of slavery which requires exercise of ‘powers attaching to the right of ownership’, in relation to the particular facts in Rantsev v. Cyprus and Russia. Lastly, it is submitted that the legal analysis as to the state positive obligation to take protective operation measures is far from persuasive.
Developing Regional Abortion Jurisprudence: Comparative Lessons for African Charter Organs
Authors: Ngwena Charles G.
Published: April 2017

This article is constructed around an appraisal of the decision of the European Court of Human Rights in A, B and C v. Ireland. It seeks to extrapolate comparative lessons for African Charter organs for the development of regional jurisprudence on abortion. It is argued that the A, B and C decision offers positive as well as negative lessons. The positive lessons lie in the holding of the European Court that at a procedural level, domestic abortion laws must be transparent in the sense of being formulated clearly and providing an administrative mechanism for review so as to enable women seeking abortion to exercise their rights effectively. The negative lessons lie in the continued reluctance of the European Court to resolutely affirm abortion rights as substantive rights.
Are the Kids All Right? A Child-Centred Approach to Assisted Reproductive Technologies
Authors: Sabatello Maya
Published: April 2017

This article examines one of the least explored aspects of assisted reproductive technologies (ART) – that is, the rights of ART-born children. Taking an international human rights law perspective, the article considers two arguable clashes of rights that have been raised with regard to ART-born children: the use of ART as child abuse and genetic selection of offspring. It further explores whether and how adding children's perspective to the discourse may enrich the debates and inform the legal policies to be adopted in this regard. The argument advanced is that the “rights discourse” that has taken center stage in the debate over ART is insufficient to resolve bioethical dilemmas that arise. Including children's perspectives shows that it is necessary to re-conceptualize the discussion so that it is grounded in and incorporates broader familial interests and relationships, or “family ethics”. More broadly, the article illuminates the prominent role of the principle of non-discrimination in international human rights law and reinforces the importance of greater social responsibility in promoting sexual health and inclusion.
Human Rights as Practice
Authors: Mangubhai Jayshree P.
Published: April 2017

This article argues for a greater focus on human rights as practice through understanding the complex dynamics of collective action to secure rights-based entitlements and freedoms. This is particularly pertinent in contexts where certain social groups do not enjoy their socio-economic rights due to the unequal distribution of available livelihood resources. Drawing on two case studies of Dalit women's struggles for livelihood entitlements in rural Tamil Nadu, South India, this article reveals the factors and processes that enable and constrain these women's ability to collectively organise and claim needed livelihood resources. The case studies argue for a focus on how multiple structural axes such as caste, class and gender mutually construct each other and shape multiple power relations within specific socio-historical contexts. These complex power dynamics, embedded in social and institutional norms and practices, condition and, in turn, are conditioned by Dalit women's collective action. These dynamics also influence how the women's claims are dealt with by formal (State) institutions, and point to the relationship between formal and informal institutions. The article then indicates some key implications for operationalising rights-based development strategies targeting socially excluded groups.
Freedom of Expression and the Advocacy of Violence
Authors: Dyer Andrew
Published: April 2017

This article examines the European Court of Human Rights' violent advocacy jurisprudence. It observes that, since the decision in Leroy v France was delivered in October 2008, there has emerged some confusion concerning what the applicable test is in cases where it is alleged that a Member State's proscription of such speech amounts to a breach of Article 10 of the European Convention on Human Rights. In particular, there has been growing support in the Strasbourg case law for tests that are similar to the US Supreme Court's ‘clear and present danger’ standard. The argument presented here is that the European Court should adopt a test under which there is but one enquiry: ‘did the impugned speech create a real risk of violence?’ However, in answering that question, the Court, in every such case, should consider five further matters: ‘did the speech create an imminent risk of harm?’; ‘did the applicant intend to cause violence or foresee the possibility that his/her speech would cause violence?’; ‘did he/she occupy a position of influence in society?’; ‘was the advocacy disseminated widely?’; and (where applicable) ‘did the speech occur close to the ‘centre of violence’?’ If faithfully applied, this test would achieve a proper balance between, on one hand, protecting the community from violence, and, on the other, preventing states from placing unnecessary restrictions on those who impart and receive information relevant to political and other decision-making. That is, it would ensure that the Court upholds only those restrictions on violent advocacy that fulfil a ‘pressing social need’.
The ECtHR's Response to Fundamental Rights Issues Related to Financial and Economic Difficulties the Problem of Compartmentalisation
Authors: Gerards Janneke
Published: April 2017

This paper presents an analysis of the case law of the European Court of Human Rights (ECtHR) on fundamental rights limitations for which the States have advanced ‘economic’ or financial justifications. The analysis discloses important differences in the ECtHR's approach to such cases, which depend on the way they are framed and on which Convention articles they are based. It is submitted that such differences are difficult to maintain if they are not based on the substance and importance of the interests at stake. This paper therefore argues that the Court should develop a more uniform, ‘core rights’ based approach towards all rights claims which are related to the use of resources by States.
‘Their Way of Punishing’ Corporal Punishment by Indigenous Peoples and the Prohibition of Torture
Authors: Dunkelberg Alonso Gurmendi
Published: April 2017

Both the right of indigenous peoples to cultural integrity and the prohibition of torture and other cruel, inhuman and degrading treatments and punishments are vital features of the character of modern international law. However, these two essential components of modern international law do not always appear to see eye to eye with regards to corporal punishment as a criminal sanction in indigenous communities. Practices such as flogging and the stocks would normally be considered to fall within the torture spectrum or at least some kind of cruel, inhuman or degrading treatment or punishment under the various international instruments covering such crimes. However, notions of cultural integrity and identity cause uncertainty as to what status these practices should actually have in the context of indigenous peoples' rights. This article seeks to explain and offer a way to solve this disagreement. Specifically, while claiming that indigenous corporal punishment should be judged under the same standard as any other form of corporal punishment, it also proposes that, instead of a merely punitive approach, states should seek to establish transitional consultation processes under ILO Convention 169 to seek to discourage indigenous practices that breach international standards.
‘The United States of Europe Have Commenced’, but for Whom?
Authors: Fernhout Roel
Published: April 2017

The author begins this article with a short description of the early history of the United States of America and makes a comparison with the genesis of the European Community. It is also possible to draw comparisons with the early history of the USA in the area of the free movement of people and immigration. In the European Community, just as in the United States, immigration is treated principally as an economic matter. However, unlike the United States, the free movement of nationals of the member states within the territory of the Community was, at first, also viewed from a purely economic perspective. This exclusive link with economic activities and services was only dropped very recently. The author also looks at the significance of the Union Treaty for the position of nationals of non-member states, who are already settled, living and working in the Community. According to the author, established immigrants should be treated in accordance with the regulations governing the free movement of workers which apply to EC-nationals. A norm of 4 years legal residence could be a reasonable norm for granting free movement within the internal market. The author is convinced that the vague public debate within the Community about equal treatment for the nationals of non-member states will only be dealt with seriously when the concrete problems are put on the table via the jurisdiction of the Court of Justice. That is why the authority of the Court is a necessary prerequisite for the real equal rights to be finally achieved.
Every Cloud …?: The World Conference on Human Rights and Supervision of Implementation of Human Rights
Authors: Boerefijn Ineke , Davidse Koen
Published: April 2017

In this article, the authors deal with the impact of the World Conference on Human Rights (WCHR) on the supervision of the implementation of human rights, one of the main topics on the agenda of the WCHR. Within the framework of the United Nations, various procedures have been developed regarding the international supervision of human rights norms. Procedures have been established on the basis of treaties as well as on the basis of resolutions of the Commission on Human Rights. Many contributions were made on this issue to the WCHR, from inter-governmental organizations, non-governmental organizations as well as independent experts. Submissions concerned the strengthening of existing mechanisms, as well as the creation of new mechanisms. After describing developments initiated by the relevant supervisory bodies themselves, the authors examine to which extent the WCHR gave an impetus to the strengthening of the current machinery, through further enhancing and expanding treaty-based supervision and through strengthening the position of independent experts mandated by the Commission on Human Rights. Next, the authors examine whether the WCHR gives room for the creation of new mechanisms, such as the High Commissioner for Human Rights.
Many Happy Returns? The 50th Session of the UN Commission on Human Rights
Authors: Davidse Koen
Published: April 2017

This year the Commission on Human Rights held its 50th session in Geneva. It was not a very special session, partly maybe due to the aftereffects of the World Conference on Human Rights. The established norms were not an issue this year. On supervision and monitoring, the system of working groups and experts reporting on countries and themes is well in place. It proved possible once again to adopt many resolutions on the basis of their reports. Important new mandates on the rights of women and impartiality of the judiciary were added. The Commission also remains a dominant focus point of attention for human rights problems. Problems remain, however, as far as supporting the human rights mechanisms is concerned, cooperation by some governments and follow-up on recommendations. Work from all sides is needed to foster the achievements of norms, supervision and monitoring, publicity and possible future achievements.
Towards the International Protection of Indigenous Peoples' Rights
Authors: Burger Julian , Hunt Paul
Published: April 2017

This article traces the development of indigenous peoples' international activity and considers why the international indigenous movement has grown since the 1970s. The authors examine the draft declaration on the rights of indigenous peoples which is due to be considered by the United Nations Commission on Human Rights for the first time in early 1995. The article makes some general points about the draft declaration before looking in some detail at three of its provisions: the right to protection from ethnocide and cultural genocide, the right to guarantees in relation to cultural and intellectual property, and the provision about treaties between indigenous peoples and States. The authors argue that although these provisions build on existing international law, they constitute an innovative evolution of international human rights standards.
New Procedures concerning the Human Rights Committee's Examination of State Reports
Authors: Joseph Sarah
Published: April 2017

This article discusses two new procedures of the Human Rights Committee in its examination of State Party reports under Article 40 ICCPR: its adoption of consensus comments on each State report and its use of a special ‘emergency report’ procedure in situations where emergency human rights crises are occurring. It is argued that agreement over the adoption of both procedures, which epitomise a more purposeful approach by the HRC to its exercise of powers under the ICCPR, were facilitated by the end of the Cold War. The paper then discusses and assesses both new procedures in turn including comment on the previous relevant practice.
Discrimination in Germany: A Call for Minority Rights
Authors: Aukerman Miriam J.
Published: April 2017

German society is confronted with, but has yet to come to terms with, two important social facts. In the first place, Germany is a polycultural society, even if it refuses to recognize itself as such. Second, people of different cultures within Germany are not treated equally; instead there is widespread, systematic discrimination of non-dominant groups, on both the legal and the social level. This paper will argue, first, that the current situation is untenable, and then evaluate the applicability of what I will call, on one hand, the Anglo-American model and, on the other, the Eastern European model for protecting the rights of minorities in Germany.
Journalists as Communities of Practice
Authors: Meltzer Kimberly , Martik Emily
Published: April 2017

In light of changes in the structure of how journalism works due to technological, economic, cultural, and political shifts, we examine the theoretical framework of communities of practice and explore how it can productively be applied to the study of journalists. In evaluating the feasibility of applying communities of practice to journalism, we also consider other theoretical frameworks that have been used for examining journalistic groups, including interpretive communities, professions and organizations, and boundary work. The article provides examples to illustrate how different groups of journalists may constitute communities of practice. Whereas community is often attached to the idea of discourse communities or interpretive communities, we find that focusing on the collaborative learning aspect and development of shared practice through the lens of communities of practice enables us to more fully understand the nature of skill- and practice-building among specific subgroups of journalistic practitioners.
The prevalence and characteristics of a subcortical cystic lesion at the subspinous region of the knee
Authors: Son Ji Ye , Yoon Young Cheol , Jin Wook , Cha Jang Gyu
Published: April 2017

Background

Although we observed that subcortical cysts near the attachment of the meniscus or cruciate ligaments are frequently seen with a tear or degeneration of the adjacent meniscus and/or cruciate ligament, there is no large study describing the prevalence, distribution, and associated findings of these cysts.

Purpose

To evaluate the prevalence and distribution of subcortical cysts near the attachments of the meniscus or cruciate ligaments and evaluate pathologies of the meniscus or cruciate ligaments using magnetic resonance imaging (MRI).

Material and Methods

We reviewed 1009 knee MRIs for the presence of subcortical cysts near the meniscus or cruciate ligament attachments and evaluated their size, location, edema of the adjacent bone marrow, and integrities of the medial and lateral meniscus and anterior and posterior cruciate ligaments.

Results

The 110 cysts were found in either the middle (n = 56), posterior (n = 52), or anterior (n = 2) subspinous regions. Sixty-two were at meniscal root insertion, including seven at the lateral meniscus anterior horn, five at the lateral meniscus posterior horn, 48 at the medial meniscus posterior horn, and two at the medial meniscus anterior horn. All were associated with an adjacent meniscal pathology. Of the 34 cysts at the anterior cruciate ligament (ACL) insertion, 28 had ACL pathology. Nine cysts had surrounding edema in the adjacent bone marrow.

Conclusion

Subcortical cysts at the subspinous region of the knee were seen in 9.6% of knee MRI examinations. Most were in close proximity to the meniscal or cruciate ligaments with associated pathologies, suggesting that abnormal stress on the bone induces cyst formation.
Efficacy of glycine powder air-polishing combined with scaling and root planing in the treatment of periodontitis and halitosis: A randomised clinical study
Authors: Caygur Ayse , Albaba Mohammed R. , Berberoglu Atilla , Yilmaz Hasan Guney
Published: April 2017

Introduction

This study was performed to evaluate the clinical efficacy of using the Perio-Flow device (Electro Medical Systems, Nyon, Switzerland) adjunctively with mechanical instrumentation on periodontal parameters and halitosis.

Materials and Methods

Sixty patients who presented with a 4- to 6-mm probing pocket depth were recruited for the study. Patients were randomly assigned to scaling and root planing (SRP) or SRP + glycine powder air-polishing (GPAP). For both groups, the plaque index, gingival index, pocket depth, bleeding on probing, and clinical attachment level scores were recorded at baseline and 1 month. Volatile sulphur compounds (VSCs) were measured by a Halimeter (Interscan Corp., Chatsworth, CA, USA) at baseline, immediately after treatment, and at 7, 14, and 30 days.

Results

Both groups showed significantly lower plaque index, gingival index, pocket depth, bleeding on probing, and clinical attachment level gain scores at 1 month than at baseline. No significant differences were found between the groups at any time point. The VSCs were significantly different at 1 month compared with baseline in both groups. However, the intergroup comparisons of VSCs were not statistically significant at any time point.

Conclusion

Within the limits of this study, SRP is effective for treatment of periodontitis and halitosis. However, using GPAP adjunctively with mechanical instrumentation has no beneficial effects on halitosis or periodontal parameters.
Niche entrepreneurs in urban systems integration: On the role of individuals in niche formation
Authors: Pesch Udo , Vernay Anne-Lorène , van Bueren Ellen , Pandis Iverot Sofie
Published: April 2017

In many sustainable urban innovation projects, the efforts, endurance and enthusiasm of individuals at key positions are considered a crucial factor for success. This article studies the role of individual agency in sociotechnical niches by using Kingdon’s agenda-setting model. Although strategic niche management is commonly used to study processes of urban innovation, the process of niche formation and the role of individual agency has been understudied. We will introduce the notion of the ‘niche entrepreneur’ as an actor who, analogous to Kingdon’s policy entrepreneur, connects the elements that are needed to develop a successful niche that allows learning for sustainability transitions. We will study the process of niche formation and the role of individual entrepreneurship therein, and identify the strategies that have been used by individuals to create a successful niche. This will be done for three cases in urban systems integration: the development of Eva Lanxmeer, a residential district in a drinking water retention area in Culemborg, the Netherlands; the transformation of the waste management practices of Lille Métropole Urban Community, France; and the development of the urban district Hammarby Sjöstad, Sweden. Our findings show that for the successful formation of niches, it is necessary to create ambitious, but clear goals and matching concrete operational plans; niche entrepreneurs may play the role of project champions that contribute significantly to the operationalization, monitoring and the effectuation of the original goals of the project; the strategies of niche entrepreneurs emphasize the building of coalitions and the securing of space for learning.
Current Concepts of the Anterolateral Ligament of the Knee: Anatomy, Biomechanics, and Reconstruction
Authors: Kraeutler Matthew J. , Welton K. Linnea , Chahla Jorge , LaPrade Robert F. , McCarty Eric C.
Published: April 2017

In 1879, Paul Segond described an avulsion fracture (now known as a Segond fracture) at the anterolateral proximal tibia with the presence of a fibrous band at the location of this fracture. Although references to this ligament were occasionally made in the anatomy literature after Segond’s discovery, it was not until 2012 that Vincent et al named this ligament what we know it as today, the anterolateral ligament (ALL) of the knee. The ALL originates near the lateral epicondyle of the distal femur and inserts on the proximal tibia near Gerdy’s tubercle. The ALL exists as a ligamentous structure that comes under tension during internal rotation at 30°. In the majority of specimens, the ALL can be visualized as a ligamentous structure, whereas in some cases it may only be palpated as bundles of more tense capsular tissue when internal rotation is applied. Biomechanical studies have shown that the ALL functions as a secondary stabilizer to the anterior cruciate ligament (ACL) in resisting anterior tibial translation and internal tibial rotation. These biomechanical studies indicate that concurrent reconstruction of the ACL and ALL results in significantly reduced internal rotation and axial plane tibial translation compared with isolated ACL reconstruction (ACLR) in the presence of ALL deficiency. Clinically, a variety of techniques are available for ALL reconstruction (ALLR). Current graft options include the iliotibial (IT) band, gracilis tendon autograft or allograft, and semitendinosus tendon autograft or allograft. Fixation angle also varies between studies from full knee extension to 60° to 90° of flexion. To date, only 1 modern study has described the clinical outcomes of concomitant ALLR and ACLR: a case series of 92 patients with a minimum 2-year follow-up. Further studies are necessary to define the ideal graft type, location of fixation, and fixation angle for ALLR. Future studies also must be designed in a prospective comparative manner to compare the clinical outcomes of patients undergoing ACLR with ALL reconstruction versus without ALL reconstruction. By discovering the true effect of the ALL, investigators can elucidate the importance of ALLR in the setting of an ACL tear.
Critical Methods in Longitudinal Research With Latino Immigrant Families
Authors: Díaz Yethzèll , Denner Jill , Ortiz Eloy
Published: April 2017

We have an ethical and a scientific imperative to do research that reflects the views and learning experiences of historically marginalized groups. Most studies that use a critical methodological approach rely on qualitative data. This article describes how a critical approach to recruitment, data collection, and retention can help to ensure that quantitative research accurately reflects the experiences of Latino immigrant families. The authors draw on relevant literature and their recent longitudinal study with 300 Latina mothers and their children from a rural community that focused on parent-child relationships and the development of math interest and achievement. The article includes recommendations to researchers about effective strategies for the meaningful engagement of Latino immigrant families in survey research studies. The strategies are situated within the context of existing discourses of recruitment and retention, as well as the theoretical and cultural considerations that are necessary for culturally competent quantitative research.
Factorial Invariance of the Scale Beliefs About Children’s Adjustment in Same-Sex Families in Spanish, Chilean, and Hispanic University Students
Authors: Pascual-Soler Marcos , Frias-Navarro Dolores , Barrientos-Delgado Jaime , Badenes-Ribera Laura , Monterde-i-Bort Hector , Cárdenas-Castro Manuel , Berrios-Riquelme José
Published: April 2017

This study examines the factorial invariance of the Scale on Beliefs About Children’s Adjustment in Same-Sex Families (SBCASSF) across countries in three samples: Chilean, Spanish, and Hispanic university students. The scale analyzes attitudes toward the consequences of the rearing and education of children by parents with a homosexual sexual orientation. The instrument consists of two subscales: Individual Opposition and Normative Opposition. The Spanish sample is composed of 199 university students, the Chilean sample is made up of 279 students, and the Hispanic sample consists of 114 students. The results provide empirical evidence for the reliability of the SBCASSF in the samples from the countries and its factorial invariance (strict invariance). Results are also provided about differences between countries and by sex. The SBCASSF could be a potentially useful measure for educators, psychologists, and other mental health professionals who wish to study beliefs about the child-rearing practices of same-sex parents.
How Men’s Sexual Assault Victimization Experiences Differ Based on Their Sexual History
Authors: Wegner Rhiana , Davis Kelly Cue
Published: April 2017

This study examined the differences in men’s sexual assault victimization experiences based on their history of only having sex with women (MSW) or having sex with women and men (MSW/M). Based on the previous research, we expected that MSW/M would be more likely to report a sexual assault history, experience a significantly greater number of sexual assault acts, experience more severe levels of unwanted sexual activity and tactics (i.e., physically forced attempted or completed rape), and report both male and female perpetrators, compared with MSW. Community, nonproblem drinking men, ages 21 to 30 ( N = 311), reported on their sexual assault victimization experiences since age 14 using a modified version of the Sexual Experiences Survey. Six items were used to assess participants’ number of unwanted sexual experiences (i.e., unwanted sexual contact, attempted and completed rape) that included the use of intoxication, physical force, both, or neither. For each item, participants indicated if the perpetrator(s) was/were male, female, or both male and female. Two fifths of men reported experiencing sexual assault, the majority of which involved attempted or completed rape. Replicating and extending previous research, MSW/M were significantly more likely to be victims (65% vs. 39%), experienced a significantly greater number of sexual assault acts since age 14, were more likely to have experienced attempted or completed rape through the use of physical force, and were more likely to report male only or both male and female perpetrators across their victimization experiences, as compared with MSW. Results indicate a clear need for additional research on the unique victimization experiences of MSW/M. Additionally, sexual assault prevention programming needs to provide men with the skills to identify and negotiate unwanted sexual advances made by men and women and to promote healthy sexual relationship behaviors.
“The Mosques Are the Biggest Problem We’ve Got Right Now”: Key Agent and Survivor Accounts of Engaging Mosques With Domestic and Honor-Based Violence in the United Kingdom
Authors: Idriss Mohammad Mazher
Published: April 2017

This article considers the role of mosques in addressing domestic violence (DV) and honor-based violence (HBV) in the United Kingdom. Utilizing data extracted from interviews with 38 key agents and survivors, this article will highlight that some mosques can be difficult to engage with when attempting to raise awareness on violence against women (VAW). Participants explained that the patriarchal nature of mosques contributes to this difficulty together with their exclusion of women within organizational structures. Some mosques also deny that VAW is even a problem within their communities. This is a worrying trend as those on the pulpit often possess significant powers of influence across large congregations and are perfectly placed to help provoke dialogue on these issues. Furthermore, it adds yet another layer of inequality experienced by Muslim women that makes reporting abuse and seeking intervention that much more difficult. In the face of this resistance, this article will consider some ways in which mosques can raise awareness about VAW and where Muslim women can access support. It will also explore additional strategies and recommendations in relation to overcoming mosques unwilling to support VAW initiatives.
Pregnant Adolescents As Perpetrators and Victims of Intimate Partner Violence
Authors: Buzi Ruth S. , Smith Peggy B. , Kozinetz Claudia A. , Wiemann Constance M.
Published: April 2017

The role of pregnant adolescents as perpetrators of intimate partner violence (IPV) is not well understood. Socioecological factors associated with IPV (physical assault and injury, and psychological aggression) perpetrated by pregnant adolescents and the association between IPV and attitudes toward the use of physical punishment to discipline children were examined among 246 pregnant adolescents. Pregnant adolescents were more likely to report perpetrating both physical assault (24%) and psychological aggression (52.7%) than being the recipient (12.2% and 38.6%, respectively) and having been physically injured (7%) than inflicting injury (4.1%). Risk factors for perpetrating physical assault included prior assault by partner, being African American, exposure to community violence, being in trouble with the police, and multiple lifetime drug use. IPV perpetrators had more favorable attitudes toward the use of physical punishment. Interventions should address IPV and parenting attitudes in young couples to maximize the health and safety of both mother and unborn child.
When Worlds Collide: Negotiating Work Ethics on the German–Polish Border
Authors: Schwell Alexandra
Published: April 2017

This article is part of the special section titled From the Iron Curtain to the Schengen Area, guest edited by Wolfgang Mueller and Libora Oates-Indruchová.

The cooperation between German and Polish border police from the middle of the 1990s to 2007 is characterized by a striking paradox: border guards on both sides claim their working styles are incompatible with one another while in most cases they cooperate very well. Yet, as this article argues, the border guards employ strategies of boundary-drawing and self-staging that help them cope with the asymmetry they encounter when cooperating with the “other.” German and Polish border guards develop informal strategies of action and communication that rest upon a joint professional culture, leading to mutual trust and solidarity and a congruence of subjective professional honor and official mandate. Yet, this win–win situation runs the risk of emphasizing police-cultural aspects that focus on security while leaving the underlying East–West asymmetry untouched.
Train-driving simulator studies: Can novice drivers deliver the goods?
Authors: Large David R , Golightly David , Taylor Emma
Published: April 2017

Early research suggests that, in a simulated train-driving environment, unskilled, novice drivers may exhibit comparable behaviour and performance to experienced, professional train drivers after receiving only minimal, task-specific training. However, this conclusion is based on exiguous performance indicators, such as speed limit exceedances, SPAD violations, etc. and considers only limited data. This paper presents further, detailed analysis of the driving performance data obtained from 20 drivers (13 novices and 7 experienced train drivers), who took part in a previous simulator-based research study, utilising more sensitive and perspicuous measures, namely acceleration noise and control actuation. The results indicate that, although both cohorts exhibited similar performance using the original metrics, and would thus support the same conclusions, the manner in which this performance was effected is fundamentally different between groups. Trained novice drivers (mainly comprising students and staff at the University of Nottingham) adopted far more erratic speed control profiles, characterised by longer control actions and frequent switching between power and brake actuation. In contrast, experienced drivers delivered smoother acceleration/braking profiles with more subtle (and shorter) control actions and less variance in speed. We conclude that although utilising trained non-drivers may offer an appealing solution in the absence of professional train drivers during simulator-based research, and their input remains of value, researchers should remain mindful when interpreting results and drawing conclusions from a contingent comprising non-drivers. The work also demonstrates the value of dependent variables such as acceleration noise, and quantitative measures of control actuation, which may offer an insightful portfolio of measures in train-driving research studies.
Impact of ground proximity on the aerodynamic properties of an unsteady airfoil
Authors: Lee T , Majeed A , Siddiqui B , Tremblay-Dionne V
Published: April 2017

The aerodynamic properties of a NACA 0012 airfoil, both stationary and unsteady, in ground effect (for nondimensional ground clearance h/ c ≤ 60%) were investigated experimentally at Re = 98,000. For the stationary airfoil, the ground proximity led to a reduced (or enhanced) lift and an increased nose-up (or nose-down) pitching moment for α < 6° (or α > 6°). The drag was, however, always increased in ground effect. For the oscillating airfoil, a substantial change in the aerodynamic loadings, especially during downstroke, was observed for h/ c ≤ 30%, leading to a greatly reduced Cl-hysteresis compared to the baseline airfoil. As the case of the stationary airfoil, the lift increase was mainly caused by the RAM pressure effect, but to a greater extent. The dynamic-stall vortex was also weakened and broke down earlier with reducing h/ c, rendering an enlarged separated flow compared to the baseline airfoil. The results are of importance in understanding the ground effect on an unsteady airfoil.
Modelling of autonomic regulation in cardiovascular system based on baroreflex mechanism and overwhelming controller
Authors: Sharma Kartik , Bera Tarun Kumar
Published: April 2017

The control of cardiovascular system by autonomic nervous system using model-based analysis is very useful to predict blood flow and blood pressure at different locations of human body. The regulation of cardiovascular system by autonomic nervous system is a very complex mechanism, so, an experimental-based model analysis may prove very helpful in studying and analysing its working properly. In this article, a very basic model of cardiovascular system is presented with blood pressure dynamics studied throughout the body. A new bond graph model of the autonomic nervous system embedded with baroreflex system is also presented. Autonomic regulation of ventricular contractility is represented by means of transfer functions. The results in terms of maximum ventricular elastance ([Formula: see text]) and end systolic pressure are shown for two experiments. Another alternative modelling approach to represent the function of nervous system action in blood pressure regulation in terms of an overwhelming controller has been proposed. This controller overwhelms the system properties and therefore helps in managing the unmodelled parts or properties of a system and makes it impeccable for controlling complex systems. All the results and simulations are obtained using Symbols Shakti® software (Bond graph software).
More reliable pollen productivity estimates and relative source area of pollen in a forest-steppe ecotone with improved vegetation survey
Authors: Han Yue , Liu Hongyan , Hao Qian , Liu Xu , Guo Weichao , Shangguan Huailiang
Published: April 2017

Pollen productivity estimates (PPEs) and the relevant source area of pollen (RSAP) are critical to the reconstruction of past plant abundances. Extended R-value (ERV) models are commonly used for developing PPEs and estimating the RSAP. In this study, in the forest-steppe ecotone of northern China that is sensitive to climate change and significant in vegetation openness reconstruction, pollen data from surface sediment samples of 24 lakes and high-resolution data of vegetation within the lake basins were applied to ERV models to calculate the PPEs of Pinus, Quercus, Betula, Ulmus, Poaceae, Artemisia, Chenopodiaceae, Compositae, and Cyperaceae and the RSAP of different lake sizes. The PPEs of arboreal pollen were higher than herbaceous pollen, and Chenopodiaceae had the highest productivity of herbaceous pollen taxa. The RSAP of lakes with an average lake radius of 400 m was estimated to be 1600 m. Our results suggested that PPEs and RSAP are region specific and that RSAP is also lake size specific even within the same region. Although environmental factors and imperfections in the ERV models may affect the accuracy of results, our study emphasized that a systematic vegetation survey considering zonal and azonal vegetation, the forest and steppe mosaic, and the vertical vegetation belt can help improve the PPEs and RSAP in areas with complicated vegetation distribution, such as the forest-steppe ecotone.
Workplace Spirituality and Employee Well-being: An Empirical Exploration
Authors: Garg Naval
Published: April 2017

The popularity of concept of spirituality is increasing exponentially in the field of human resource management. Both academicians and practitioners are looking at spirituality to solve modern day human resource challenges. Spirituality at work is about search for meaning or higher purpose, connectedness and transcendence. The present research article addresses conceptual and empirical gap using the concept of workplace spirituality and empirically examines relationship between workplace spirituality and employee commitment, job satisfaction and work–life balance satisfaction. The article successfully augments literature by suggesting one more dimension (Karma Capital) of Indian spiritual values. This is one of the pioneer studies that used necessary condition analysis (NCA) to explore workplace spirituality. Workplace spirituality was reported as a necessary determinant of employee commitment, job satisfaction and work–life balance satisfaction. Relationship between these variables is further investigated through correlation matrix and regression analysis.