bluuebunny/crossref_metadata_2025_split huggingface dataset:
Involuntary Commitment in Health Care; An Analysis of the Status and Rights of Involuntarily Treated Psychiatric Patients in Comparison with Patients Treated Involuntarily under Other Acts
Authors: Kaltiala-Heino  , Välimäki  
Published: November 2003

AbstractA number of international legal and ethical guidelines attempt to safeguard patients' rights in various health care areas. On the national level, health care legislation defines the rights of different patient groups more concretely in everyday practice. In general, the right to decide about one's own treatment — and to refuse treatment — is considered to be of the greatest importance. Several patient groups can, however, be treated involuntarily. In addition to minors, psychiatric patients in certain situations form a group of patients whose own will can be overridden in health care. In Finland also intoxicant abusers, the mentally retarded and patients suffering from certain communicable diseases can in special situations be taken into involuntary care. This article discusses the differences between the status and rights of involuntarily treated patients in different social and health care acts in Finland. Several paragraphs of the laws studied were identified that assign more rights to patients treated involuntarily under the Act on Social Work with Intoxicant Abusers and the Act on Special Care for the Retarded than to involuntary psychiatric patients. The practical implications of this article will be discussed.
Article 18 of the European Biomedicine Convention: What Impact on Assisted Reproduction?
Authors: Gunning  
Published: November 2003

AbstractThe European Biomedicine Convention was opened for signature in April 1997. It has now been signed by 24 member states of the Council of Europe and ratified by three. To come into force it needs to be ratified by five countries of which four must be member states. Article 18 of the Convention addresses research on embryos in vitro. It forbids the creation of embryos for research and, where the law allows research, requires the adequate protection of the embryo. The term 'adequate protection' is ambiguous and is not defined. Only signatories who have law in force at the time of signature which is not in conformity with the Convention may have a reservation against this article. The creation of embryos for research is still necessary for the advancement of assisted reproduction techniques, for the understanding of human embryological development and for the development of preimplantation genetic diagnosis. Less than half of the countries of the European Union have relevant legislation and there is little consistency of approach. Of the signatories to the Convention, only three have legislation which may permit the creation of embryos for research, only six have any relevant legislation. This begs the question of how assisted reproduction techniques are to advance in those countries which prohibit research, or have signed the convention prior to legislation, without turning infertile couples themselves into the unwitting subjects of research or experimental therapy.
Deviance Reporting as a Tool in Continuous Quality Improvement. Regulation and Stimulation through Legislation
Authors: Eggen  , Eliassen  
Published: November 2003

AbstractSince 1994 all Norwegian hospitals have to report events of deviance (i.e. events that caused or might cause harm to any patient) to the "Database for Reported Events" of the Norwegian Board of Health. In 1997 in total 4,433 events were reported, of these 620 had 'major negative effect to the patient', while 113 were classified as unnatural deaths. Huge differences exist in the frequencies of hospitals' deviance reporting, ranging from less than one to more than 100 reports per 100.000 patient days.The regulation by law to report any major deviance event, enforces the local quality improvements in the hospital. The dialogue within and with the hospitals is stressed, to ensure the continuous quality improvement 'within service'. The legal regulations cause fear of sanctions from national authorities — which is not the purpose for the national system for deviance reporting. So far, the obligation to report to the national database seems to stimulate and fertilise the local handling of deviance events within the hospitals, as the number of events reported is steadily increasing.A survey including all hospitals and their owners indicate that the hospital managers only to some degree actually use the experiences gained through deviance reporting to stimulate continuous quality improvement, as the feed-back loop is not used systematically. The knowledge on infirmities, reported as deviance events, is only rarely taken into consideration in long-term planning and budgeting by the hospital owners.
Collaboration, Cosmopolitanism and Complicity
Authors:   Pahuja,   Buchanan
Published: November 2003

AbstractIn this article, the authors use their experience of a collaboration as a vehicle for thinking critically about the uneasy relationship between the practices and products of internationally oriented legal scholars situated in the North. They use tools drawn from feminist theory to tease out in particular, some of the perils in the turn to cosmopolitanism as a response to globalization, and explore the way in which this mirrors a cosmopolitan urge both embedded in international legal discourse and at play in the self-constitution of the international lawyer (including themselves). They then draw on feminist and other critical theories to ask whether a conceptual reconfiguration of a `critical cosmopolitanism' can offer a useful alternative to the old view. They remain wary about whether any reconfigurations with a `global' scale can overcome the problems which inhere in purportedly transformative western scholarship generally, and so conclude somewhat circumspectly, emphasizing the need to frame their approach reflexively and to focus on changes they could make to their everyday practices of teaching and research to reduce the risk of complicity with the unacknowledged parochialism of cosmopolitanism.
The Hague Convention on Child Abduction of 1980 and Its Implementation in Finland
Authors: Savolainen  
Published: November 2003

AbstractFinland ratified the Hague Convention on the Civil Aspects of International Child Abduction in 1994. The Convention was implemented by making use of the so-called transformation techniques, i.e. by drafting and adopting Finnish internal law provisions deemed to be necessary for the proper implementation of the international obligations under the Hague Convention. The overall aim of the implementation provisions has been to make the practical application of the Convention as effective and speedy as possible and for this purpose to go even further than necessarily required. The most important features of these national arrangements are the following: – The Hague Convention rules on the return of an abducted child have been made retroactive. – Only one court, the Court of Appeal of Helsinki, is competent to receive applications and make orders for the return of children. Besides, an order for the return is always immediately enforceable, unless the Supreme Court, upon appeal, orders the stay of enforcement. – The `fundamental principles' exception in Article 20 of the Convention cannot be invoked against the application in Finnish return proceedings. According to Article 20 the return of the child can be refused where the return would not be permitted by the fundamental principles relating to the protection of human rights and fundamental freedoms of the requested State. The first cases indicate that the retroactive application of the Convention provided by the Finnish Act has been less successful. The courts have shown obvious reluctance towards the ordering of the return in these cases whereas in the `new' cases the Court of Appeal as well as the Supreme Court have generally followed the spirit of the Convention in a loyal manner.
Sexual Rights as Human Rights – Protected under Existing Human Rights Treaties?
Authors: Scheinin  
Published: November 2003

AbstractExisting case law under human rights treaties, in particular Article 8 of the European Convention on Human Rights, includes several findings and interpretations related to sexual rights. The sexual identity and orientation of a person, as well as his or her sexual autonomy and integrity have found protection under the right to respect for one's private and family life. Among other important treaty provisions giving protection to sexual rights in the framework of international human rights law are the prohibition of torture and other inhuman or degrading treatment, the prohibition of discrimination, the right to a fair trial and the right to marry and to found a family. Under humanitarian law rape, one of the main forms of violations of sexual integrity and autonomy, is defined as a crime against humanity, with the consequence of individual criminal responsibility arising. Rape committed by a public official during detention has been defined as form of torture by the European Court of Human Rights. Positive state obligations exist under the right to respect for an individual's private life to sanction rape or other breaches of sexual autonomy and integrity when committed by other private individuals. Sexual identity and its manifestations, again, enjoy protection under the right to private and family life, as has been shown by international case law related to homosexuality and transsexualism. Here, the autonomous and independent non-discrimination clause in Article 26 of the International Covenant on Civil and Political Rights is a basis for further guarantees.
Defining and Delineating the Right to Reproductive Choice
Authors: Packer  
Published: November 2003

AbstractWhile the notion of a prescribed set of `reproductive rights' has been advanced in various contexts, particularly in the agendas for action adopted at the United Nations conferences held in Cairo (1994) and Beijing (1995), these rights as a group remain controversial. This can be partly explained by their poor definition and often tenuous legal grounding, opening the door to easy criticism. Clarification of the essential content and scope of protection offered under existing international human rights law would be helpful. In this article, the definition of reproductive rights in the Beijing Platform for Action is critically scrutinized, leading to the conclusion that only four of the so-called `reproductive rights' are provided in existing international human rights instruments. These four may be seen as forming a bundle of inseparable rights which the author refers to as the composite right to reproductive choice. The special conflict which can arise between two members of a couple who, while bearing equal rights to reproductive choice, may hold differing views and have opposing desires regarding reproduction is also examined, specifically in relation to the role of the State in resolving the potential for the violation of one individual's right to reproductive choice by another individual.
W(h)ither the Human Rights of Indigenous Australians (From Wik to Wickedness?)
Authors: Hocking  , Stern  
Published: November 2003

AbstractThe international community is increasingly concerned with indigenous rights. The essence of the claims that international law seeks to accommodate involves the ability of indigenous people to make decisions about social, cultural, economic and environmental matters in their region. This paper looks at some aspects of the human rights of indigenous Australians from that perspective. It contains three interlocking sections. The first section outlines the background to the Australian High Court decision in Wik Peoples v. Queensland in which the majority of the Court said that aboriginal native title to land could co-exist with pastoral lease activity. The second part looks at the furore provoked by this decision, advancing arguments about the media and political treatment of the issue. Here we contend, doubtless rhetorically ourselves, that the Australian government has moved from Wik to Wickedness in dealing with this issue. The third part looks at recent developments and offers some conclusions as to where the legal resolution of native title to land in Australia might have emerged. In our conclusion we also consider the direction of the political and legal debate since the Australian Labor Party led by Paul Keating lost the 1996 election in a landslide, and the increasing narrowness of an economically conservative political agenda. Our overall theme, which stems directly from that, is the paucity of the political debate over Australian indigenous human rights. Rhetoric has abounded and could prompt many questions about the political debate in Australia over this issue, and the obligations of politicians. Law has formed a vital background to this: at time lauded, at times rejected vehemently by the Government.
The Emergent EU Policy on Asylum and Refugees
Authors: Bank  
Published: November 2003

AbstractThe Treaty of Amsterdam situates European asylum policy within a new institutional framework which is analysed with regard to the question how much progress has been achieved in this policy area. The assessment is based on an examination of asylum policy under the Maastricht Treaty and an analysis of its deficiencies. The output produced during the Maastricht era is evaluated by applying a measuring scale consisting of criteria such as efficiency, impact, democratic and judicial control, inner consistency, and respect for international obligations of member States. The analysis shows that the Maastricht Treaty neither provided a functioning nor an adequate framework for asylum policy on the European level. Instead of cautious cooperation of national approaches the policy area requires European harmonisation by issuing binding common texts which are interpreted in a unified manner. An important step in this direction will be taken by virtue of the Amsterdam Treaty which, however, also contains several potential obstacles to the harmonisation process. Furthermore, the increased access to binding legal instruments is not accompanied by an appropriate increase of democratic participation.
The Completeness of International Law and Hamlet's Dilemma
Authors: dekker  , Werner  
Published: November 2003

AbstractThe aim of this paper is to examine whether the possibility of a genuine non liquet is ruled out by a so-called ‘closing rule’underlying public international law. The answer to this question largely determines the relevance of the debate on the legality and legitimacy of the pronouncement of a non liquet by an international court. This debate was recently provoked by the Advisory Opinion of the International Court of Justice on the Legality of the Threat and Use of Nuclear Weapons. In this opinion, the Court held that it could not definitively conclude whether the threat or use of nuclear weapons was contrary to international law in an extreme circumstance of self-defence in which the survival of a state is at stake. Nevertheless, some authors have argued that, since international law contains a closing rule stating that the absence of a prohibition is equivalent to the existence of a permission (or vice versa), the Court had in fact decided the legality of nuclear weapons. By virtue of this closing rule, the pronouncement of a non liquet would be impossible. In our analysis, we have taken issue with this view and claim that there are no a priori reasons for the acceptance of a closing rule underlying international law. It is possible indeed that a legal system is simply indifferent towards a certain type of conduct. Moreover, even if a closing rule would be assumed, this rule would be of no help in determining the legality or illegality of the threat and use of nuclear weapons, since the Court asserted that the current state of international law and the facts at its disposal were insufficient to enable it to reach a definitive conclusion. Nothing follows from this assertion, except the assurance that international law cannot definitively settle the question of the legality of the threat or use of nuclear weapons: to be permitted or not to be permitted, that is still the question. Hamlet's dilemma precisely.
Minimum Requirements for a New Nordic Sami Convention
Authors: Alfredsson  
Published: November 2003

AbstractDiscussions are underway for a new Nordic Sami convention. A number of human rights issues of both substance and form need to be considered in the course of preparations for such a treaty. On substantive issues, a new convention must not fall below existing minimum human rights standards under international law, including ILO Convention No. 169 and other indigenous and minority-specific rights in treaties, customary law and case-law. Access to procedural and other monitoring avenues at the national and international levels must also be guaranteed. Furthermore, it is suggested that the Sami should be a party/parties to an eventual convention because their participation is closely related to equal rights, dignity, identity and the justice to which indigenous peoples aspire.
P. Cumper, S. Wheatley (eds.), Minority Rights in the ’New’; Europe, Martinus Nijhoff Publishers, The Hague, 1999. ISBN: 90–411–1124–7; ix and 385 pages;index; price: USD 135; GBP 79; NLG 225
Authors: Vierdag  
Published: November 2003

AbstractNo Abstract
The Role of the Organization of American States in Conflict Prevention
Authors: Spehar  
Published: November 2003

AbstractFirst of all, I would like to sincerely thank the Ministry for Foreign Affairs of Sweden and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law for the opportunity to speak with you today about the role of the Organization of American States in conflict prevention. I would also like to congratulate both institutions for the undertaking of this event.
Transcending Territory: Towards an Agreed Northern Ireland?
Authors: Thompson  
Published: November 2003

AbstractThe 1998 Belfast Agreement concluded by most of the political parties in Northern Ireland and the British and Irish Governments is a very sophisticated blueprint, which attempts to deal with the various facets of a political entity in which a sizeable minority of the population wish to belong to another state. The structures and processes devised in the Belfast Agreement must cope with the so-called 'double minority' problem, ensuring that while Northern Ireland remains in the UK, it is on terms which respect and safeguard the members of the nationalist community who wish to be in a united Ireland, but also provide for the change in constitutional status from the UK to Irish unification in a manner which respects and safeguards the members of the unionist community who are opposed to that change. The Belfast Agreement, particularly in the reformulated Articles 2 and 3 of the Irish constitution, would appear to place primacy upon people and their diversity of identities and trad itions over territory. The Belfast Agreement also operates within a special framework which accommodates national identities through sub-state and inter-state relationships in which law seeks to protect human rights, both individual and collective.
Monitoring Minority Rights in Europe: The Implementation Machinery of the Framework Convention for the Protection of National Minorities - With Special Reference to the Role of the Advisory Committee
Authors: Pentassuglia  
Published: November 2003

AbstractThe Framework Convention for the Protection of National Minorities (FC), adopted by the Committee of Ministers of the Council of Europe in 1994, is the first multilateral treaty focused on the protection of minorities. Despite the importance of the FC within the process of codification and development of legally binding minority rights standards, the bearing of its obligations is 'softened' by many limitation clauses relating to both the general structure of the provisions as well as their specific content. To a degree, this may be seen as inherent in a convention providing a framework for case-specific solutions to be found at the domestic level. It is also true, however, that domestic measures directed at implementing the FC might reflect so wide a measure of discretion or self-understanding as to be heardly compatible with the purpose of elaborating a set of core European standards protecting minorities, 'essential to stability, democratic security and peace' (fifth preambular paragraph), and as such falling 'within the scope of co-operation' on human rights matters (Article 1). It follows that the key to making the FC a truly fruitful step lies no doubt in a satisfactory monitoring of its implementation. The Committee of Ministers is entrusted with the task of monitoring the implementation of the FC by the States parties. It is assisted by an Advisory Committee (AC), whose members have recognised expertise in the field of the protection of national minorities. On 17 September 1997, the Committee of Ministers adopted a Resolution concerning the rules on the monitoring arrangements under Articles 24 to 26 of the FC (Resolution (97)10). It determines the role of the AC and, therefore, its relation with the Committee of Ministers. The aim of this article is to examine the monitoring procedure of the FC, with special reference to the impact of the AC on the profile and effectiveness of the mechanism. It sketches out the main general issues and briefly discusses some proposals put forward on the role of the AC; then, it moves on to the analysis of the FC implementation mechanism as resulting from Resolution (97)10 of the Committee of Ministers, within the broader context of the international monitoring of minority rights compliance.
Comments on Ferlini (Case C-411/98 of 3 October 2000), Elsen (Case C-135/99 of 23 November 2000), Österreichischer Gewerkschaftsbund (Case C-195/98 of 30 November 2000), Borawitz (Case C-124/99 of 21 September 2000) and Hocsman (Case C-238/98 of 14 September 2000)
Authors:   Martin
Published: November 2003

AbstractNo Abstract
R. Huubrecht, S. Scheffers [en] J. Scheffers-Hofman, Album advocatorum – De advocaten van het Hof van Holland, 1560–1811. [Algemeen Rijksarchief Publikatiereeks, 3]. Algemeen Rijksarchief, Den Haag [z.j.]. VIII + 454 blz.
Authors:   Hempenius - van Dijk
Published: November 2003

AbstractNo Abstract
Urkundenregesten zur Tätigkeit des deutschen Königs- und Hofgerichts bis 1451, hrsg. v. B. Diestelkamp, Band 8: Die Zeit Karls IV., 1360–1364, bearb. v. R. Neumann. [Quellen und Forschungen zur höchsten Gerichtsbarkeit im Alten Reich, Sonderreihe, 8]. Böhlau, Köln–Weimar–Wien 1996. LVII + 439 S.
Authors: Nève  
Published: November 2003

AbstractNo Abstract
Handwörterbuch zur deutschen Rechtsgeschichte, hrsg. von A. Erler, E. Kaufmann und D. Werkmüller, unter philologischer Mitarbeit von Ruth Schmidt-Wiegand. 40. Lieferung: Zunft-Zycha; Register. Schmidt, [Berlin 1997]. Sp. 1793-2086
Authors: van Dievoet  
Published: November 2003

AbstractNo Abstract
Iuliani Epitome Latina Novellarum Iustiniani, secondo l'edizione di Gustavo Hänel e col glossario d'Antonio Agustín, Testo indici concordanze a cura di P. Fiorelli e Anna Maria Bartoletti Colombo. [Legum Iustiniani Imperatoris Vocabularium]. Università degli Studi di Firenze, Dipartimento di teoria e storia del diritto, [Firenze] 1996. 475 p. + diskette
Authors: Stolte  
Published: November 2003

AbstractNo Abstract
Year Books of Richard II, 6 Richard II, 1382–1383, ed. for the Ames Foundation by the late S.E. Thorne, in collaboration with M.E. Hager and Margaret MacVeagh Thorne, with a commentary upon the cases by C. Donahue, Jr. [The Ames Foundation Year Books Series, II]. The Ames Foundation, [Cambridge, Mass.] 1996. CCXIII + 344 p.
Authors: Seipp  
Published: November 2003

AbstractNo Abstract
K. Weidenfeld, La police de la petite voirie à Paris à la fin du Moyen Âge. [Travaux et Recherches de l'Université de Panthéon-Assas (Paris II), Série Histoire du Droit]. L.G.D.J., [Paris 1996]. IX + 233 p.
Authors: Thireau  
Published: November 2003

AbstractNo Abstract