bluuebunny/crossref_metadata_2025 huggingface dataset:
Diagnostic Accuracy of Combinations of Tumor Markers for Malignant Pleural Effusion: An Updated Meta-Analysis
Authors: Yang Yuan , Liu Ya-Lan , Shi Huan-Zhong
Published: April 2017

Background: The role of combinations of tumor markers such as carcinoembryonic antigen (CEA), carbohydrate antigens (CA) 125, 15-3, and 19-9, and CYFRA 21-1 (a fragment of cytokeratin 19) in diagnosing malignant pleural effusion (MPE) has not been clearly established. Objectives: This meta-analysis was performed to establish the overall diagnostic accuracies of combinations of these pleural fluid tumor markers for MPE. Methods: The PubMed, Ovid, Embase, Web of Science, and Cochrane bibliographic databases were searched. Sensitivity, specificity, and other measures of the accuracy of combinations of pleural CEA, CA 125, CA 15-3, CA 19-9, and CYFRA 21-1 in the diagnosis of MPE were pooled after a systematic review of English-language studies. Results: Twenty studies met the inclusion criteria. For pleural fluid tumor marker combinations including more than 3 studies, the summary estimates of the sensitivity/specificity for diagnosing MPE were as follows: CEA + CA 125, 0.65/0.98; CEA + CA 15-3, 0.64/0.98; CEA + CA 19-9, 0.58/0.98; CEA + CYFRA 21-1, 0.82/0.92; and CA 15-3 + CYFRA 21-1, 0.88/0.94. Conclusions: In patients with undiagnosed pleural effusion, the combinations of positive pleural CEA + CA 15-3 and CEA + CA 19-9 are highly suspicious for pleural malignancy, but the sensitivity of these tests is poor. Therefore, their routine role in the diagnostic algorithm of these patients is questionable, and management decisions should depend on positive cytological or biopsy results from the pleura.
MYBL2 is a Potential Prognostic Marker that Promotes Cell Proliferation in Gallbladder Cancer
Authors: Liang Hai-Bin , Cao Yang , Ma Qiang , Shu Yi-Jun , Wang Zheng , Zhang Fei , Ye Yuan-Yuan , Li Huai-Feng , Xiang Shan-Shan , Song Xiao-Ling , Xu Yi , Zhang Yi-Chi , Bao Run-Fa , Yuan Rui-Yan , Zhang Yi-Jian , Hu Yun-Ping , Jiang Lin , Li Mao-Lan , Wang Xu-An , Wu Xiang-Song , Wu Wen-Guang , Zhao Shuai , Fand Yong , Cui Xiao-Peng , Lu Yun-Shu , Zhou Jian , Zheng Lei , Gong Wei , Liu Ying-Bin
Published: April 2017

Background: Gallbladder cancer (GBC) is an aggressive and highly lethal biliary tract malignancy, with extremely poor prognosis. In the present study, we analyzed the potential involvement of MYBL2, a member of the Myb transcription factor family, in the carcinogenesis of human GBC. Methods: MYBL2 expression levels were measured in GBC and cholecystitis tissue specimens using quantitative real-time PCR (qRT-PCR) and immunohistochemical (IHC) assays. The effects of MYBL2 on cell proliferation and DNA synthesis were evaluated using Cell Counting Kit-8 assay (CCK-8), colony formation, and 5-ethynyl-2'-deoxyuridine (EdU) retention assay, flow cytometry analysis, western blot, and a xenograft model of GBC cells in nude mice. Results: MYBL2 expression was increased in GBC tissues and associated with histological differentiation, tumour invasion, clinical stage and unfavourable overall survival in GBC patients. The downregulation of MYBL2 expression resulted in the inhibition of GBC cell proliferation, and DNA replication in vitro, and the growth of xenografted tumours in nude mice. Conversely, MYBL2 overexpression resulted in the opposite effects. Conclusions: MYBL2 overexpression promotes GBC cell proliferation through the regulation of the cell cycle at the S and G2/M phase transitions. Thus, MYBL2 could serve as a potential prognostic and therapeutic biomarker in GBC patients.
Mechanism of Progressive Heart Failure and Significance of Pulmonary Hypertension in Obstructive Hypertrophic Cardiomyopathy
Authors: Covella Michele , Rowin Ethan J. , Hill Nicholas S. , Preston Ioana R. , Milan Alberto , Opotowsky Alexander R. , Maron Barry J. , Maron Martin S. , Maron Bradley A.
Published: April 2017

Background—

There are limited data on the prevalence, pathophysiology, and management implications of pulmonary hypertension in patients with obstructive hypertrophic cardiomyopathy and advanced heart failure.

Methods and Results—

To assess the clinical significance of measured cardiopulmonary hemodynamics in hypertrophic cardiomyopathy patients with heart failure, we retrospectively assessed right heart catheterization data in 162 consecutive patients with outflow tract gradients (median [interquartile range], 90 mm Hg [70–110 mm Hg]), 59±11 years old, and 49% men, predominately New York Heart Association class III/IV status. Pulmonary hypertension (mean pulmonary artery pressure, ≥25 mm Hg) was present in 82 patients (51%), including 29 (18%) regarded as moderate-severe (mean pulmonary artery pressure, ≥35 mm Hg) and 28 (34%) also had increased pulmonary vascular resistance >3.0 WU. The pulmonary artery wedge pressure was ≤15 mm Hg in 54%, indicating that left atrial hypertension was absent in a majority of patients. Notably, 9 patients (11%) met hemodynamic criteria for precapillary pulmonary hypertension (mean pulmonary artery pressure, ≥25 mm Hg; pulmonary vascular resistance, >3.0 WU; pulmonary artery wedge pressure, ≤15 mm Hg). Over a median follow-up of 327 days (90–743 days) after surgical myectomy (or alcohol septal ablation), 92% and 95% of patients with or without preoperative pulmonary hypertension, respectively, were asymptomatic or mildly symptomatic. One postoperative death occurred in a 59-year-old woman with acute respiratory failure and mean pulmonary artery pressure of 65 mm Hg.

Conclusions—

Pulmonary hypertension was common in obstructive hypertrophic cardiomyopathy patients with advanced heart failure. Although possibly a contributor to preoperative heart failure, pulmonary hypertension did not significantly influence clinical and surgical outcome. Notably, a novel patient subgroup was identified with resting invasive hemodynamics consistent with pulmonary vascular disease.
Optimal Timing of Complete Revascularization in Acute Coronary Syndrome: A Systematic Review and Meta‐Analysis
Authors: Gaffar Rouan , Habib Bettina , Filion Kristian B. , Reynier Pauline , Eisenberg Mark J.
Published: April 2017

Background

Studies have suggested that complete revascularization is superior to culprit‐only revascularization for the treatment of enzyme‐positive acute coronary syndrome. However, the optimal timing of complete revascularization remains unclear. We conducted a systematic review and meta‐analysis of randomized controlled trials comparing single‐stage complete revascularization with multistage percutaneous coronary intervention in patients with ST‐segment elevation myocardial infarction or non–ST‐segment elevation myocardial infarction with multivessel disease.

Methods and Results

We systematically searched the Cochrane Central Register of Controlled Trials, Embase, PubMed, and MEDLINE for randomized controlled trials comparing single‐stage complete revascularization with multistage revascularization in patients with enzyme‐positive acute coronary syndrome. The primary outcome was the incidence of major adverse cardiovascular events at longest follow‐up. Data were pooled using DerSimonian and Laird random‐effects models. Four randomized controlled trials (n=838) were included in our meta‐analysis. The risk of unplanned repeat revascularization at longest follow‐up was significantly lower in patients randomized to single‐stage complete revascularization (risk ratio, 0.68; 95% CI, 0.47–0.99). Results also suggest a trend towards lower risks of major adverse cardiovascular events for patients randomized to single‐stage revascularization at 6 months (risk ratio, 0.67; 95% CI, 0.40–1.11) and at longest follow‐up (risk ratio, 0.79; 95% CI, 0.52–1.20). Risks of mortality and recurrent myocardial infarction at longest follow‐up were also lower with single‐stage revascularization, but 95% CIs were wide and included unity.

Conclusions

Our results suggest that single‐stage complete revascularization is safe. There also appears to be a trend towards lower long‐term risks of mortality and major adverse cardiovascular events; however, additional randomized controlled trials are required to confirm the potential benefits of single‐stage multivessel percutaneous coronary intervention.
Kingdom, Not Kingly Rule: Assessing the Kingdom of God as Sacred Space
Authors: Wenell Karen J.
Published: April 2017

Arguing that Gustaf Dalman’s definition of βασιλεία as ‘kingly rule’ has severely limited possibilities in biblical scholarship for appreciation of the kingdom as space, this article interacts with key insights into the human relationship with sacred space in order to gain a deeper understanding of the significance of the kingdom of God. Rather than restricting meaning by limiting space to that which is physical and concrete, the discussion seeks to open up the meaning of the kingdom as a community space, connected to the divine, and spoken of as having a boundary and a specific point of entry; a space with both universal and particular aspects; and a space which draws on the expectation of a new world. All of these aspects of the kingdom illustrate the contours of a relationship among God-people-space that is performative and constantly in motion.
Ten new species of Phyllagathis (Trib. Sonerileae, Melastomataceae ) from Sarawak, Borneo
Authors: LIN CHE-WEI , CHEN CHIEN-FAN , YANG T.Y. ALECK
Published: April 2017

Ten undescribed species of Phyllagathis from southwestern Sarawak, named P. bicolor, P. lii, P. millelunata, P. phyllioides, P. rivularis, P. rubrosetosa, P. ulu, P. violinifolia, P. wallacei and P. yodae are reported in this study. We describe and illustrate the ten new species after a careful study of the literature, herbarium specimens and living plants.
Development of novel high Tg polyimide-based composites. Part I: RTM processing properties
Authors: Fernberg Patrik , Gong Guan , Mannberg Peter , Tsampas Spyros
Published: April 2017

In this study, an assessment of the composite processing-related properties of a newly developed 6-FDA-based phenylethynyl-terminated polyimide (available under the tradename NEXIMID®MHT-R) is presented. Processing schemes, used for preparing high quality carbon fibre-reinforced composites by the use of conventional resin transfer moulding are developed and presented. The influences of manufacturing parameters on glass transition temperature of the composites are presented. The results confirm that composites with exceptionally high Tg, in the range between 350 and 460℃ can be achieved. A manufacturing scheme that yields in composites with Tg of 370℃ is presented and proposed as a good candidate to serve as baseline for further studies.
Even Constrained Governments Take
Authors: Graham Benjamin A. T. , Johnston Noel P. , Kingsley Allison F.
Published: April 2017

This article analyzes an understudied and contested form of government taking, transfer restriction, which has supplanted expropriation as the most ubiquitous and costly type of international property rights violation. Veto-player-type constraints curtail governments’ ability to engage in outright and (nontransfer related) creeping expropriation but have little impact on their ability to generate wealth via transfer restrictions. We use a formal model to derive testable implications regarding the effect of political institutions and domestic politics on governments’ ability to collect these two types of rent. Empirically, we use novel time-series cross-sectional data to show that while veto-player-type political constraints diminish expropriation risk, transfer risk is much less affected: even constrained governments impose transfer restrictions.
Incarcerated Mothers: Issues and Barriers for Regaining Custody of Children
Authors: Stone Una , Liddell Marg , Martinovic Marietta
Published: April 2017

In Victoria, Australia, the rate of female incarceration has continued to rise in the last decade. The majority of women prisoners are primary caregivers of their children. This article examines issues mothers face in mothering, both inside and outside prison, as seen by professionals and stakeholders who support them. Reunification of mothers and children is hampered by factors such as poverty, homelessness, abuse, and lack of access to services. Research and government interventions to address incarcerated mothers’ situations have had little positive impact for over 50 years.
Inequality, Sufficiency and Sustainability of Urban Drinking Water in Uttar Pradesh
Authors: Tiwari Rashmi
Published: April 2017

Water services in India are typically known to have high levels of coverage yet relatively lower levels of service and quality. Through a study based on primary data from Lucknow and Kanpur districts of Uttar Pradesh, this article attempts to find determinants of accessing drinking water from within a household’s premises. In terms of achieving sufficiency, the percentage of households getting sufficient water throughout the year is reported to be the highest for bore-well and the lowest for public taps. Our analysis shows that disadvantaged and lower income groups have to face greater hardship in accessing drinking water compared to upper caste and upper income groups. Education, income levels of the households, occupation and the size of the family are important socio-economic factors affecting access to drinking water within premises. Since disadvantaged groups have to face great hardship in accessing drinking water as compared to upper caste communities, it is suggested that policymakers should formulate people-centred policies while looking at the supply of water rather than target-oriented ones.
Globalization, Governance, and the Emergence of Indigenous Autonomy Movements in Latin America: The Case of the Caribbean Coast of Nicaragua
Authors: Baracco Luciano
Published: April 2017

A revisiting of Salvador Martí i Puig’s approach to globalization and the turn toward governance in explaining the roots and impact of the political mobilization of Latin America’s indigenous peoples since the 1990s recasts governance as a disciplinary regime that in the case of Nicaragua co-opted potentially radical oppositional movements into the neoliberal project that accompanied Latin America’s democratic transition. The discussion takes as its empirical case the autonomy process on Nicaragua’s Caribbean coast, which in its twenty-fifth year represents the most sustained devolution of power to indigenous peoples in Latin America.

Una revisión de los estudios de Salvador Martí i de Puig sobre la globalización y el giro hacia la gobernanza como manera de explicar las raíces y el impacto de la movilización política de los pueblos indígenas de América Latina desde la década de 1990 reformula la gobernanza como un régimen disciplinario que, en el caso de Nicaragua, cooptó movimientos potencialmente radicales, convirtiéndolos en parte del proyecto neoliberal que se llevó a cabo a la par de la transición democrática de América Latina. Nuestra discusión se centra en un caso empírico: el proceso de autonomía en la costa caribeña nicaragüense. En su vigésimo quinto año, dicho proceso constituye la devolución de autonomía indígena más sostenida en América Latina.
“Neighborliness Is Nonspatial”: Howard Thurman and the Search for Integration and Common Ground
Authors: Eisenstadt Peter
Published: April 2017

This article, by looking at the life, career, and thought of Howard Thurman, one of the most significant African American religious thinkers of the twentieth century, argues that one way to understand the call for racial integration by Thurman and others in the mid-century is through the demand to restructure urban space in less exclusive ways. The failure to realize this, in the 1960s, led to calls for defending “black space” in cities, although this too proved to be a failure. Thurman’s spatial understanding of integration is a still relevant intervention in understanding the complexities of race and racial conflict in urban areas.
Study on permanent magnetic drive forecasting by designing Takagi Sugeno Kang type interval type-2 fuzzy logic systems
Authors: Wang Dazhi , Chen Yang
Published: April 2017

The process of permanent magnetic drive (PMD) presents high uncertainty under the complex operating conditions. In this paper, a type of Takagi Sugeno Kang (TSK) interval type-2 fuzzy logic systems (IT2 FLSs) under the Karnik-Mendel (KM) structure is designed for data-based PMD torque and revolutions per minute (rpm) forecasting. For designing the antecedent and input measurement of TSK IT2 FLSs, the primary membership functions (MFs) of interval type-2 fuzzy sets (IT2 FSs) are all selected as Gaussian type-2 MFs with uncertain derivation, while the consequent parameters are chosen as type-1 fuzzy numbers. According to matrix transformation, the complicated task of calculating derivatives in the TSK IT2 FLSs under the Karnik-Mendel structure can be managed subtly by some elementary vectors and partitioned matrices. And the parameters of the proposed systems are also tuned by the back propagation (BP) algorithms. Simulation examples based on the data of PMD torque and rpm are used to test the advanced fuzzy logic systems forecasting methods. The effective and feasibility of forecasting by the proposed type-2 systems compared with their type-1 counterparts is illustrated in the light of Monte Carlo simulations, convergence and stability analysis.
Adaptive robust tracking control of a proportional pressure-reducing valve with dead zone and hysteresis
Authors: Li Yong , Wang Qingfeng
Published: April 2017

Proportional pressure-reducing valves (PPRVs) are typical proportional valves widely used in the hydraulic industry because they are inexpensive, not prone to malfunction, easy to handle and service. However, they suffer from performance degradations due to the existence of dead zone and hysteresis. An effective control method should be developed to improve the performance of PPRVs, as their characteristics significantly affect the entire hydraulic system. This article focuses on high-performance pressure-tracking control of a PPRV with dead zone and hysteresis. A non-linear phenomenological model is put forward to describe the characteristics of dead zone and hysteresis, as well as dynamic behaviour of the PPRV. The proposed phenomenological model is described using an ideal third-order linear model preceded by a dead zone term and a hysteresis term. To handle parameter uncertainties and uncertain non-linearities in the phenomenological model, an adaptive robust controller is synthesized without constructing a dead zone inverse or hysteresis inverse. The developed controller guarantees bounded pressure-tracking error and precise steady-state tracking accuracy. Comparative simulations and experiments with different pressure trajectories are carried out to verify the effectiveness of the proposed method. Both simulation and experimental results show that with the proposed adaptive robust control (ARC) approach, the non-linear dead zone and hysteresis may be well compensated and improved pressure-tracking performance achieved.
Simple algebraic necessary and sufficient conditions for Lyapunov stability of a Chen system and their applications
Authors: Zhou Guopeng , Liao Xiaoxin , Xu Bingji , Yu Pei , Chen Guanrong
Published: April 2017

In this paper, we study the Lyapunov stability problem of a Chen chaotic system. Because of the positive elements of the main diagonal of a linearized Chen system, compared to the coefficient of a linearized Lorenz system which are all negative, it is more difficult to deal with the stability analysis. Since it has the properties of invariance and symmetry, different Lyapunov functions in different regions are constructed to solve stability problems with geometric and algebraic methods. Then, simple algebraic necessary and sufficient conditions of global exponential stability, global asymptotic stability and global instability of equilibrium [Formula: see text] are proposed. We obtain the relevant expression of corresponding parameters for local exponential stability, local asymptotic stability and local instability of equilibria [Formula: see text]. Furthermore, the smallest conservative linear feedback controllers are used to globally exponentially stabilize equilibria.
The Evil Animal: A Terror Management Theory Perspective on the Human Tendency to Kill Animals
Authors: Lifshin Uri , Greenberg Jeff , Zestcott Colin A. , Sullivan Daniel
Published: April 2017

This research tested whether support for the killing of animals serves a terror management function. In five studies, death primes caused participants to support the killing of animals more than control primes, unless the participants’ self-esteem had been elevated (Study 4). This effect was not moderated by gender, preexisting attitudes toward killing animals or animal rights, perceived human–animal similarity, religiosity, political orientation, or by the degree to which the killing was justified. Support for killing animals after subliminal death primes was also associated with an increased sense of power and invulnerability (Study 5). Implications and future directions are discussed.
High-Frequency Ultrasonic Imaging with Lead-free (Na,K)(Nb,Ta)O3 Single Crystal
Authors: Chen Zeyu , Zheng Limei , Cao Wenwu , Chen Xiaoyang , Chen Ruimin , Li Runze , Shung Kirk , Zhou Qifa
Published: April 2017

Lead-free (Na,K)(Nb,Ta)O3 (KNNT) piezoelectric single crystal has been successfully grown using the top-seeded solution growth technique. The electromechanical coupling factors are very high ( k33 = 0.827, kt = 0.646), and the dielectric loss tangent is as low as 0.004. Acoustic impedance was calculated to be 26.5 MRayl. From the single crystal, a single element transducer was fabricated. The transducer achieved a 57.6% −6 dB bandwidth and 32.3 µm axial resolution at the center frequency of 45.4 MHz, which can identify the cornea of porcine eyeball with high resolution. Comparison between KNNT single crystal and lead-based single crystal was discussed. The results suggest that this single crystal transducer is an excellent candidate to replace lead-containing transducer for high-frequency ultrasonic imaging applications.
Post-imperial affinities and neoliberal convergences: discourses and practices of collaboration between the Nigerian and the Indian film industries
Authors: Jedlowski Alessandro
Published: April 2017

Over the past three decades, South-South economic interactions have multiplied. Within this landscape, media industries have come to occupy a relevant position, at the crossroad between soft power and hard economic interests. Numerous studies analysed the South-South circulation of media products, but many aspects of the ongoing interactions remain under-researched. This article contributes to this emerging field of scholarship by analysing the discourses and practices of collaboration that have emerged between the Indian and the Nigerian film industries over the past few years. By analysing the experiences of a few southern Nigerian and Indian film professionals who attempted to develop transnational collaborations, this article investigates the ambiguities of the affinities existing between Nollywood and Bollywood and interrogates the prospects for the creation of effective interactions between them.
Harmonisation of Asylum Law and Policy within the European Union: A Human Rights Perspective
Authors: Garry Hannah R.
Published: April 2017

From 1986 to the present, there has been a dramatic increase in the numbers of asylum applications within the borders of the European Union largely from Eastern European countries and former colonies in Africa, Asia and the Middle East. Reacting to the influxes of the 1980s, European States began to implement and coordinate policies to control entry of asylum seekers. Within this climate, the EU has moved towards harmonisation of asylum policy and procedure as necessary for its pursuit of an ‘area of freedom, security and justice’ without internal borders for the purpose of greater economic and political integration.

In light of the current restrictive attitudes and practice towards asylum seekers in the individual Member States of the EU, the harmonisation of asylum policy through the institutions and law of the EU may prove to be problematic from a human rights perspective. This paper first traces the development of a common asylum policy within the EU through the Maastricht Treaty and the Amsterdam Treaty. Second, this paper analyses the implications of harmonisation after the Amsterdam Treaty with reference to the international obligations of the Member States under international human rights and refugee law. Third, this paper critiques the development of various current asylum policies and practice through intergovernmental development of ‘soft law’. Through this overview and analysis, it is argued that further steps towards harmonisation will continue to reflect European concerns with security, economic prosperity, and cultural homogeneity unless the moves towards supranationalism within the EU framework lead to a deliberate effort to make respect for human rights the core of asylum law and policy.
Grading Scale of Degradation: Identifying the Threshold of Degrading Treatment or Punishment under Article 3 ECHR
Authors: Arai-Yokoi Yutaka
Published: April 2017

Among international human rights instruments, the rich jurisprudence on Article 3 of the European Convention on Human Rights (ECHR) has yielded meaningful and workable principles for defining the normative parameter of freedom from torture and other forms of maltreatment. While identification of torture has been limited to a small number of straightforward cases of assault giving rise to physical and mental anguish of an especially aggravated character, the overwhelming majority of cases raised under Article 3 have related to degrading or inhuman treatment or punishment. By focusing upon threshold cases involving freedom from degrading treatment or punishment, the least serious absolute right under Article 3, this article seeks to delineate the boundaries of the effective guarantee provided by this absolute right in the Strasbourg organs judicial policy. The examination suggests an encouraging sign that the Strasbourg organs have funnelled considerable vigour and creativity into their law-making policy, elaborating on the most succinct provision in the ECHR. They have capitalised on the graduating scale of degrading treatment so as to diversify the protective scope of Article 3, in a continued search for progressive European public order. They have supplied to individual victims a horizon of possible arguments, which can unfold along lines conducive to the shaping and restructuring of the emerging European constitutional system.
Seeking Justice, Guaranteeing Protection and Ensuring Due Process: Addressing the Tensions between Exclusion from Refugee Protection and the Principle of Universal Jurisdiction
Authors: Handmaker Jeff
Published: April 2017

Efforts to secure protection for refugees in the Netherlands are being undermined by over-enthusiastic use of the exclusion principle in refugee status determination procedures. Inappropriate use of the exclusion principle is tied to accelerated (albeit ineffective) efforts to secure justice for human rights violators. As this article argues, the tensions that arise are unacceptable, but can be appropriately addressed through a (re)commitment to both principles and pragmatism. A principled commitment would ensure that due process is thoroughly respected in asylum determination procedures. This must be accompanied by a pragmatic, rights-based application of the aut dedere aut judicare principle (extradite or prosecute), reinforced by strengthened coordination between the government agencies responsible for asylum and prosecution.
Identifying Possible Mechanisms within Islamic Law for the Promotion and Protection of Human Rights in Muslim States
Authors: Baderin Mashood A.
Published: April 2017

The fact that human rights should be implemented within the domestic legal framework of individual States is trite. Most of the commentaries on international human rights and Islamic law have, however, been substantially theoretical without much focus on the possible means for the realisation of the practical implementation of human rights within the context of Islamic law in Muslim States. While theoretical analyses are very useful for understanding the relationship between human rights and Islamic law, there is equally an important need to identify possible mechanisms within Islamic law for the realisation of the practical implementation of international human rights in the domestic forum of Muslim States that apply Islamic law or aspects of it. This article aims to address that need by identifying and recommending specific procedures for the promotion and protection of human rights to encourage the practical implementation of international human rights in Muslim States.
Bringing Effective Remedies Home: The Inter-American Human Rights System, Reparations, and the Duty of Prevention
Authors: Laplante Lisa J.
Published: April 2017

This article explores how the Inter-American Court of Human Rights applies pecuniary and non-pecuniary reparations judgments in an effort to compel States to comply with the duty of prevention and non-repetition as embodied in Article 1 of the American Convention of Human Rights. Using Peru as a case study, the author argues that such judgments fail to induce States to guarantee internal domestic remedies, the mechanism used by citizens to check State compliance with the international duty to protect human rights, including the right to reparation, thus creating victim reliance on the Court for redress. In conclusion, the author proposes that the Court begin to use punitive measures in order to compel States to begin erecting internal remedies at home and thus strengthening domestic protection of human rights.
Anti-Democratic Associations: Content and Consequences in Article 11 Adjudication
Authors: Sottiaux Stefan
Published: April 2017

This article wishes to address the position of anti-democratic political parties under Article 11 of the European Convention on Human Rights. More precisely, it offers an analysis of Refah Partisi (The Welfare Party) and others vs Turkey, a case in which the European Court of Human Right developed a full-scale test for assessing far-reaching interference with the right to freedom of association of political parties. It seeks to set the Refah ruling in the context of the Convention organ's freedom of expression case-law. The central claim is that the Refah Court adopted a standard which is both content and consequences-based. As a result, the Court's Article 11 adjudication bears resemblance to the United States Supreme Court's First Amendment jurisprudence. The article concludes that such a partially ‘American’ approach is justified with regard to the Convention rights of anti-democratic parties.
Universal Jurisdiction In Absentia
Authors: Poels Alexander
Published: April 2017

Following the International Court of Justice's judgement of 14 February 2002 in the Arrest Warrant Case, the lawfulness of universal jurisdiction in absentia has been questioned anew. The exercise of universal jurisdiction has acquired a strong legal basis in customary and conventional international law, as it has in national legislations. However, although recognised by numerous national legislations, the in absentia exercise of absolute universal jurisdiction remains highly controversial in an international context, as are its human rights safeguards and the question whether the issuance of an arrest warrant is a prerequisite for the exercise of universal jurisdiction in absentia. Nonetheless, considerable are the benefits of the acceptance of universal jurisdiction in absentia for international criminal justice and human rights protection, especially in the fight against international criminal impunity.
‘Past’ Violations under International Human Rights Law: The Indigenous ‘Stolen Generation’ in Australia
Authors: O'Sullivan Maria
Published: April 2017

This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the divide between ‘historic’ violations and contemporary acts, that is, they were committed by Australia after Australia signed key agreements such as the UN Charter, the Universal Declaration on Human Rights, the Declaration on the Rights of the Child and the Declaration on the Elimination of All Forms of Racial Discrimination, but prior to its ratification of international human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. This means that bringing a claim under international human rights law in relation to the violations raises a number of problems. The object of this article will be to explore whether Australia can be held responsible under international human rights law for the ‘Stolen Generation’ violations and possible avenues of redress. In this regard, the focus of the article will be on the possible claims victims could make to relevant treaty monitoring bodies and the types of obstacles they would face in doing so. These legal questions are also relevant to the wider debate that is taking place in relation to reparations, namely the extent to which a State can be held legally responsible to provide reparations for past violations.
Universal Criminal Jurisdiction over Torture: A State of Affairs after 20 Years UN Torture Convention
Authors: Ryngaert Cedric
Published: April 2017

Twenty years after signing the UN Torture Convention, States finally start to exercise universal jurisdiction over torture offenses. In 2004 and 2005, courts in the United Kingdom, the Netherlands and France, acting under the universality principle, convicted foreign torture offenders to prison sentences. Practical hurdles to successful torture prosecutions remain high though. In addition, a number of legal questions are not yet fully clarified, in particular the operation of the principle of subsidiarity, the contours of the presence requirement and the application of the UN Torture Convention to offences committed before the entry into force of the convention. The outlook for universal jurisdiction over torture nonetheless seems reasonably bright.
Shattered Stones, Shattered Societies: Confronting Destruction of Cultural Property in Post-Transitional Societies
Authors: Gottlieb Yaron
Published: April 2017

The universal phenomenon of destruction of cultural property is particularly prevalent in territories subjected to years of armed conflicts and within nations led by repressive regimes. Societies emerging from these conflicts or tyrannies have therefore to resolve, among numerous other dilemmas, the challenge of confronting past destruction of their cultural heritage. The article addresses some of the subject's complexities: conundrums involved in the restoration of cultural property; prosecution of perpetrators; the importance of addressing the crime and its repercussions through truth commissions and reparations programmes; and the protection of cultural property in the new constitutions of two post-transitional societies – Cambodia and Afghanistan. In recognition of the diversity of post-transitional societies, the article does not attempt to propose a singular conclusion regarding the implications of the destruction of cultural property on these societies. Rather, the article raises points for consideration and presents different perspectives on the potential tensions created in that field while underscoring the importance of addressing past destruction as an integral part of the society's course to reconciliation.
Meeting the Challenge: Redefining Europe's Classical Model for State Intervention in Religious Practices
Authors: Lagoutte Stéphanie , Lassen Eva Maria
Published: April 2017

This article challenges the affirmation that the State has an increasing obligation to interfere in religious practices in order to establish harmony between these practices and human rights. Using the phenomenon of religious divorce as a case, it is argued that State intervention is largely unnecessary, may well be fruitless and might even prove counter-productive. However, as it is not in society's interest to host huge discrepancies between human rights and religious practices, the article aims to find new ways for achieving greater harmony. We suggest a more complex version of the traditional European model for State intervention in religious affairs. In this model, the principle of legally limited State intervention blends with the State's primarily non-legal support of religious communities and individuals in their attempts to decrease discrepancies between human rights and religious practices.
Revisiting Liberalism and Post-Colonial Theory in the Context of Asylum Applications
Authors: Odhiambo-Abuya Edwin
Published: April 2017

This article argues that the westernised concept of liberalism, which assumes the ability of States to control migration, is inappropriate in an African context at a number of fundamental levels. In particular, in many African States the boundaries are ill defined, governments lack appropriate resources for border control, and the movement of asylum seekers is mostly that of mass influx. Hence, it is contended, addressing Africa's refugee ‘problem’ calls for locally engineered perspectives rather than westernised ideas with a focus on the following three central elements: definition of ‘refugee’, procedures used to assess asylum applications, and the nature of protection offered to those in need.
Ambition That Overleaps Itself? A Response to Stephen Tully's Critique of the General Comment on the Right to Water
Authors: Langford Malcolm
Published: April 2017

In the March 2005 issue of this journal, Stephen Tully set out to critique General Comment No. 15 on the Right to Water, issued in 2002 by the Committee overseeing the International Covenant on Economic, Social and Cultural Rights. Tully argues that the right to water cannot be implied from the Covenant, that its practical value is limited and, quite paradoxically, that the Committee was not bold enough in imposing direct obligations on multinational water corporations. This article contends that the general comment was neither radical nor conservative but a reasonable interpretation of the Covenant that was grounded in international law and practice. Further, the general comment has demonstrated a practical utility and this article provides examples of where the recognition of the human right to water has had an impact and also offers some thoughts on how the influence of general comments should be evaluated. Tully's proposals for reform of the Committee's approach to ‘General Comment-making’ are then considered in the context of international law and the historical practice of the Committee.
Illicit Cycle of Narcotics from a Human Rights Perspective
Authors: Obokata Tom
Published: April 2017

The purpose of this article is to analyse the illicit cycle of narcotics within a human rights framework. It begins by illustrating the benefits of adopting a human rights framework, such as its ability to promote victim-centred and holistic approaches. The article then identifies key human rights issues such as poverty, forced labour, law enforcement practices and addiction to narcotics. It continues with an analysis of the nature and the extent of obligations imposed upon States. This article focuses on three categories of human rights obligations to address: 1) the supply of narcotics; 2) narcotics trafficking; and 3) the demand for narcotics. The main conclusion reached is that a human rights framework can strengthen the global action against the illicit cycle of narcotics.
Islamic Headscarves and Human Rights: A Critical Analysis of the Relevant Case Law of the European Court of Human Rights
Authors: Nathwani Niraj
Published: April 2017

This article will first present two cases at the European Court of Human Rights (ECtHR): Dahlab vs Switzerland and Leyla Sahin vs Turkey and then comment on these two decisions focusing on the following issues: State neutrality; negative freedom of religion; right to education; gender discrimination; discriminatory statements; religious discrimination; political extremism. This article will argue that the reasoning of the ECtHR in the cases Dahlab vs Switzerland and Leyla Sahin v Turkey is questionable and at odds with important principles developed in the established case law of the Court.
III Inter-American System
Authors: Rodríguez-Pinzón Diego
Published: April 2017

As usual, in this Chapter Claudia Martin and I report on the latest news of the work of both the Inter-American Commission on Human Rights (hereinafter ‘Commission’) and the Inter-American Court on Human Rights (hereinafter ‘Court’). This time we are once again devoting our attention to the work of the Commission in the context of recent developments in the Inter-American Human Rights System.
UN Peace Operations and Security Council Resolutions: A Tool for Measuring the Status of International Human Rights Law?
Authors: Månsson Katarina
Published: April 2017

This article argues that Security Council resolutions adopted in the context of UN peace operations may be considered a useful instrument by which to assess political acceptance of international human rights law. By analysing all peace resolutions' adopted since 1945, four distinct periods may be discerned which illustrate the development of the Council's approach to human rights (1945–1989; 1990–1995; 1995–1998; and 1998-present). Such analysis reveals, however, that human rights are still accorded a lower status with respect to other bodies of international law, and international humanitarian law in particular. This is reflected in a persistent refusal of the Council to avail itself of explicit legal human rights language and by avoiding references to international human rights treaties. Human rights thus appear to constitute a convenient smorgasbord a la carte behind which States (the P5) may pick and choose according to political interests and shy away from legal responsibilities. Nevertheless, it is suggested that UN ‘peace resolutions' may indirectly, through various bodies, enhance the status of international human rights law: the International Court of Justice, the UN human rights treaty body system and human rights components of UN peace operations.
The Holy City in Human Dimensions
Authors: Lein Yehezkel
Published: April 2017

In the failed final-status negotiations that Israel and the Palestinian Authority held in 2000, the sides reached agreement on the main parameters of a solution on the question of Jerusalem. However, both sides ignored the fact that according to these parameters, East Jerusalem Palestinians would be denied almost completely their social security entitlements under the Israeli social security system. This article argues that, regardless of what will be agreed in any future agreement, according to international human rights law, Israel would continue to bear at least some responsibility for ensuring the right to social security of Palestinian Jerusalemites, even though they live outside its territory. Moreover, a sweeping denial of social security benefits would also be deemed a violation of the right of property under Israeli constitutional law.
Turning Paper Promises to Reality: National Human Rights Institutions and Adolescents' Sexual and Reproductive Rights in Africa
Authors: Durojaye Ebenezer
Published: April 2017

This article examines the history of national human rights institutions (NHRIs) in general including their establishment in Africa. Using examples from three countries – Malawi, Nigeria and South Africa – it critically analyses the promotional and protective mandates of these institutions in Africa and then argues that their experience over the years in promoting human rights in their domains can similarly be useful in advancing adolescents' sexual and reproductive rights. In doing this, NHRIs may face some challenges including poor funding, undue interference from the executive, shortage of personnel and so on. Therefore some of these challenges are discussed and subsequently some suggestions for the way forward.
Redressing the Past with An Eye to the Future. The Impact of the Passage of Time on Property Rights Restitution in Post-Apartheid South Africa
Authors: Veraart Wouter
Published: April 2017

How should the law respond to a period of grave injustice in which certain categories of people were systematically deprived of their property rights and what is the impact of the passage of time on restitution issues in dynamic societies'? The argument will be made, first, that, irrespective of the passage of time, the implementation of a certain policy of restitution of property rights is a necessary step in the (re-) establishment of a democratic legal order. However, law's function in dealing with past deprivations of property rights will vary with the passage of time. If the lapse of time between the moment of past injustice and the moment of restitution has been relatively short, it is possible to conceive of the restitution process as a problem of corrective justice: as conflicts between original owners of property rights and current owners in ‘good’ or ‘bad’ faith. After a substantial lapse of time, the financial burden of the restitution process will shift to the collective as a whole and the restitution process will become entangled in redistributive and future-oriented policies. The complexity of law's function in dealing with injustices in the far past will be illustrated with a brief look at the contemporary land restitution process in post-Apartheid South Africa.
Exploring Ways of Implementing International Human Rights Treaties in China
Authors: Ahl Björn
Published: April 2017

China has ratified over 20 human rights treaties. While many laws that were enacted during the reform period relate to human rights, a specific human rights law has not yet been adopted. However, a human rights law has been drafted by Chinese scholars. This article provides an overview of the contents of the Experts' Draft and compares the substantive human rights enshrined in the international covenants with those guaranteed in the proposed law. The analysis then focuses on doctrinal questions of the interpretation and application of the human rights law in addition to its relationship with other sources of law such as the Chinese Constitution and ordinary legislation. It explores how such a law would fit into the current doctrine and practice of the domestic implementation of treaty obligations and whether the Draft can be reconciled with the official Sino-Marxist dynamic-concrete concept of human rights. The article identifies the conditions in which a dedicated human rights law can become an effective means of treaty implementation and it also examines the likeliness of ICCPR ratification and the prospects of actual human rights improvement.