Youth Jury Policy Deliberation: Towards a Fair and Responsible Internet

Young people aged between 12 and 17 across three major British cities — London, Leeds and Nottingham — were invited to play the role of ‘jurors’ on a case where ‘the Internet was put on trial’. The recommendations reported in this paper are intended to improve digital experience and online safety as contributions to policy. These recommendations derive from the ‘youth jurors’ policy deliberations designed to encourage young people to reflect on their digital experience and collectively develop their own problem definitions and solutions.     

The experiences of privately practising midwives in Australia who have been reported to the Australian Health Practitioner Regulation Agency: A qualitative study

BackgroundIn Australia the majority of homebirths are attended by privately practising midwives (PPMs). In recent years PPMs have been increasingly reported to the Australian Health Practitioner Regulation Agency (AHPRA) mostly by other health professionals.Purposeto explore the experiences of PPMs in Australia who have been reported to the AHPRA.MethodsA qualitative interpretive approach, employing in-depth interviews with eight PPMs was undertaken and analysed using thematic analysis. A feminist theoretical framework was used to underpin the research.ResultsThe majority of reports made to AHPRA occurred when midwives supported women who chose care considered outside the recommended Australian College of Midwives (ACM) Consultation and Referral Guidelines. During data analysis an overarching theme emerged, “Caught between women and the system”, which described the participants’ feelings of working as a PPM in Australia. There were six themes and several sub-themes: The suppression of midwifery, A flawed system, Lack of support, Devastation on so many levels, Making changes in the aftermath and Walking a tight rope forever. The findings from this study reveal that midwives who are under investigation suffer from emotional and psychological distress. Understanding the effects of the process of investigation is important to improve the quality of professional and personal support available to PPMs who are reported to AHPRA and to streamline processes.ConclusionIt is becoming increasingly difficult for PPMs to support the wishes and needs of individual women and also meet the requirements of the regulators, as well as the increasingly risk averse health service.     

目前遗传资源和传统知识法律保护机制国际探索的成就与不足——评CBD事先知情同意机制和FAO农民权机制

传统知识是长期以来传统部族在长期的生产生活实践中创造出来的知识、技术、经验的总称,是一种知识形态和知识产品。CBD等国际组织对遗传资源及有关传统知识的保护进行了多年的探索,在保护机制上取得了一定的创新。CBD开创的事先知情同意机制和FAO开创的农民权机制为其代表。两种机制均在物权层面设计了遗传资源及有关传统知识的保护规则,但前者具有较强的保障力,后者基本上还是一种道义意义上的权利。但只有提供知识产权保护方能充分实现传统部族在传统知识上的利益。     

警察人权面临困境的行政法解析

袭警案件的多发凸显了警察人权面临的困境。警察人权处于警察与国家、警察与公民双重关系之中,结合行政法学上“特别权力关系”和“反射利益”两个基本概念研究警察的多重身份和警察权对警察人权的影响,有利于在理论和实践上对警察权益保护的研究能在一个更广阔的平台上进行。     

刑事程序性权利的保障

随着保障人权意识在刑事诉讼中的觉醒,刑事程序性权利的保障必将成为刑事诉讼中的核心问题。刑事程序性权利的价值可区分为程序性权利的工具价值和内在价值。前者是实现实体权利的手段,后者是基于普遍的人性为基础的独立价值。对我国现行刑事诉讼法中刑事程序性权利内在价值的缺失与薄弱环节的完善,是今后现代化法治建设的紧迫任务。     

社会保险制度中社会风险的产生、内涵及应对*

社会风险是社会保险制度存在的前提,没有社会风险,就不会有社会保险。从风险、风险社会及社会风险这些相关概念出发,全面阐述社会保险制度中社会风险的产生及其发展路径,发现社会保险制度上所应对的社会风险是一种中度危险的风险事故,有着自身特定的制度内涵。在此基础上,从作为技术途径的保险原则与社会保险权之权利规则的两个视角分析了社会保险制度对社会风险的应对原理、机制与优势。     

论抽象行政不作为侵权及其法律救济

目前,我国行政法学界对行政不作为的研究相当薄弱。中国首例公民状告政府行政“立法”不作为案,使这一理论问题凸显出来。抽象行政不作为是一种违法行为,由于其作用的对象广泛,比具体行政不作为更具有危害性,应将抽象行政不作为纳入行政侵权行为的范畴,对其进行救济。     

Predatory purchasing practices in global apparel supply chains and the employment relations squeeze in the Indian garment export industry

While the literature has long acknowledged worker rights abuses in global apparel supply chains, less attention has been paid to the recent worsening of certain decent work deficits and its causes, which this article links to predatory purchasing practices arising from growing power asymmetries. These practices, illustrated here by the garment export industry in India, exert downward pressure on wages and incite non‐standard forms of employment and greater verbal and physical abuse as productivity demands rise. They can be addressed through pricing mechanisms that cover the cost of decent work, appropriate State regulation and worker involvement.     

Albinism,spiritual and cultural practices,and implications for health,healthcare, and human rights: a scoping review

Persons with albinism – a disability found worldwide – are particularly at risk for human rights violations in Africa. The purpose of this scoping review was to establish the current state of knowledge on albinism, spiritual and cultural practices, and implications for health and health services. Electronic searches of nine databases were conducted. After screening, 40 articles were reviewed. Four themes emerged: health implications of albinism; health-related cultural and spiritual meanings attached to albinism; health-related experiences of persons with albinism; and human rights and albinism. The findings reveal that African ontologies, including witchcraft beliefs and practices, are implicated by their construction of the person with albinism as an ontologically different entity, although few studies explicated this relationship. How broader social structures influence persons with albinism disproportionately, resulting in health and social inequities, is another under-researched area. This scoping review lays the groundwork for intersectoral, interdisciplinary research.     

Bioecological Implications of Narrative Exposure Therapy in Low‐Resource Settings: Individual,Family, Community,and Socio‐Political Contexts

Traumatic stress can have detrimental effects on individuals, families, and communities. Narrative exposure therapy (NET) is an evidence‐based intervention for decreasing individuals’ post‐traumatic stress disorder (PTSD) symptoms and has been tested in some of the most challenging contexts, such as in post‐conflict refugee camps. Although the focus of NET is on reducing individual PTSD symptoms, the impact of NET can be seen beyond the individual level. The purpose of this paper is to examine some of the ecological implications of using NET with trauma‐affected populations in low‐resource settings. We describe the implications of NET at the family, community, and sociopolitical levels using several case examples. Finally, we outline limitations and future directions for improving the delivery of NET in settings with limited resources.