The public health systems of liberal states systematically fail to meet the goals and obligations of the Convention on the Rights of Persons with Disabilities, which aims to facilitate full societal participation and independent life choices by all impaired persons, as well as the unburdening of their private caretakers. This failure does not stem from a lack of money or effort by governments and other societal institutions, but flaws in the anatomy of these systems. As these systems confine institutional assistance to the needs of persons with certain delineated disabilities, they neglect the needs of other persons, whose disabilities do not fit this mould. The responsibility for the latter group thus falls to their immediate social circle. These private caretakers are in turn seldom supported. To remedy this situation, I will present the alternative paradigm of vulnerability theory as the possible foundation for a more inclusive approach to public health. |
Search result: 1847 articles
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue Pre-publications 2021 |
Keywords | Vulerability Theory, Liberalism, Convention on the Rights of Persons with Disabilities (CRPD), Public Health, Capabilities Approach |
Authors | Erwin Dijkstra |
AbstractAuthor's information |
Article |
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Journal | Family & Law, January 2021 |
Keywords | Private intercountry adoptions, surrogacy, ECHR, UNCRC, the best interests of the child |
Authors | dr. E.C. Loibl |
AbstractAuthor's information |
Within the past half century, a market in adoptable children has emerged. The imbalance between the demand for and the supply of adoptable children, combined with the large sums of Western money, incite greedy actors in poor countries to illegally obtain children for adoption. This renders intercountry adoption conducive to abuses. Private adoptions are particularly prone to abusive and commercial practices. Yet, although they violate both international and national law, German and Dutch family courts commonly recognize them. They argue that removing the child from the illegal adopters would not be compatible with the rights and best interests of the individual child concerned. In 2017, the ECtHR rendered a ground-breaking judgement in Campanelli and Paradiso v. Italy. In this case, the Court dealt with the question as to whether removing a child from the care of an Italian couple that entered into a surrogacy agreement with a Russian clinic, given that surrogacy is illegal in Italy, violated Article 8 ECHR. Contrary to previous case law, in which the ECtHR placed a strong emphasis on the best interests of the individual child concerned, the Court attached more weight to the need to prevent disorder and crime by putting an end to the illegal situation created by the Italian couple and by discouraging others from bypassing national laws. The article argues that considering the shifting focus of the ECtHR on the prevention of unlawful conduct and, thus, on the best interests of children in general, the German and Dutch courts’ failure to properly balance the different interests at stake in a private international adoption by mainly focusing on the individual rights and interests of the children is difficult to maintain. --- In de afgelopen halve eeuw is er een markt voor adoptiekinderen ontstaan. De disbalans tussen de vraag naar en het aanbod van adoptiekinderen, in combinatie met grote sommen westers geld, zet hebzuchtige actoren in arme landen ertoe aan illegaal kinderen te verkrijgen voor adoptie. Dit maakt interlandelijke adoptie bevorderlijk voor misbruik. Particuliere adoptie is bijzonder vatbaar voor misbruik en commerciële praktijken. Ondanks het feit dat deze privé-adopties in strijd zijn met zowel internationaal als nationaal recht, worden ze door Duitse en Nederlandse familierechtbanken doorgaans wel erkend. Daartoe wordt aangevoerd dat het verwijderen van het kind van de illegale adoptanten niet verenigbaar is met de rechten en belangen van het individuele kind in kwestie. In 2017 heeft het EHRM een baanbrekende uitspraak gedaan in de zaak Campanelli en Paradiso t. Italië. In deze zaak behandelde het Hof de vraag of het verwijderen van een kind uit de zorg van een Italiaans echtpaar dat een draagmoederschapsovereenkomst met een Russische kliniek is aangegaan, in strijd is met artikel 8 EVRM, daarbij in ogenschouw genomen dat draagmoederschap in Italië illegaal is. In tegenstelling tot eerdere jurisprudentie, waarin het EHRM sterk de nadruk legde op de belangen van het individuele kind, hechtte het Hof meer gewicht aan de noodzaak om de openbare orde te bewaken en criminaliteit te voorkomen door een einde te maken aan de illegale situatie die door het Italiaanse echtpaar was gecreëerd door onder andere het omzeilen van nationale wetten. Het artikel stelt dat, gezien de verschuiving in de focus van het EHRM op het voorkomen van onwettig gedrag en dus op het belang van kinderen in het algemeen, de Duitse en Nederlandse rechtbanken, door met name te focussen op de individuele rechten en belangen van de kinderen, er niet in slagen om de verschillende belangen die op het spel staan bij een particuliere internationale adoptie goed af te wegen. |
Article |
The Impact of VAAs on Vote Switching at the 2019 Belgian Legislative Elections: More Switchers, but Making Their Own Choices |
Journal | Politics of the Low Countries, Issue Online FIrst 2021 |
Keywords | voting advice applications, vote switching, vote choice, elections and electoral behaviour, voters/citizens in Belgium, VAA |
Authors | David Talukder, Laura Uyttendaele, Isaïa Jennart e.a. |
AbstractAuthor's information |
During electoral campaigns, the use of voting advice applications (VAAs) has become increasingly widespread. Consequently, scholars have examined both the patterns of usage and their effects on voting behaviour. However, existing studies lead to conflicting findings. In this article, we take a closer look at the effect of De Stemtest/Test électoral (a VAA developed by academics from the University of Louvain and the University of Antwerp, in partnership with Belgian media partners) on vote switching. More specifically, we divide this latter question into two sub-questions: (1) What is the impact of a (dis)confirming advice from the VAA on vote switching? (2) Do VAA users follow the voting advice provided by the VAA? Our study shows that receiving a disconfirming advice from the VAA increases the probability of users to switch their vote choice. |
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Journal | Erasmus Law Review, Issue 2 2021 |
Keywords | Habeas corpus, common law, detainee, Consitution, liberty |
Authors | Chuks Okpaluba and Anthony Nwafor |
AbstractAuthor's information |
Long before the coming of the Bill of Rights in written Constitutions, the common law has had the greatest regard for the personal liberty of the individual. In order to safeguard that liberty, the remedy of habeas corpus was always available to persons deprived of their liberty unlawfully. This ancient writ has been incorporated into the modern Constitution as a fundamental right and enforceable as other rights protected by virtue of their entrenchment in those Constitutions. This article aims to bring together the various understanding of habeas corpus at common law and the principles governing the writ in common law jurisdictions. The discussion is approached through a twelve-point construct thus providing a brief conspectus of the subject matter, such that one could have a better understanding of the subject as applied in most common law jurisdictions. |
Article |
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Journal | Erasmus Law Review, Issue 2 2021 |
Keywords | strategic culture, international law, ISIS, parliamentary debates, interdisciplinarity |
Authors | Martin Hock |
AbstractAuthor's information |
This article presents an interdisciplinary comparison of British and German legal arguments concerning the justification of the use of force against the Islamic State in Iraq and Syria (ISIS). It is situated in the broader framework of research on strategic culture and the use of international law as a tool for justifying state behaviour. Thus, a gap in political science research is analysed: addressing legal arguments as essentially political in their usage. The present work questions whether differing strategic cultures will lead to a different use of legal arguments. International legal theory and content analysis are combined to sort arguments into the categories of instrumentalism, formalism and natural law. To do so, a data set consisting of all speeches with regard to the fight against ISIS made in both parliaments until the end of 2018 is analysed. It is shown that Germany and the UK, despite their varying strategic cultures, rely on similar legal justifications to a surprisingly large extent. |
Article |
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Journal | Erasmus Law Review, Issue 4 2020 |
Keywords | wrongful convictions, right to claim innocence, reopening of criminal proceedings, miscarriage of justice, revision of final judgment |
Authors | Wojciech Jasiński Ph.D., habilitation and Karolina Kremens Ph.D. |
AbstractAuthor's information |
Wrongful convictions and miscarriages of justice, their reasons and effects, only rarely become the subject of academic debate in Poland. This article aims at filling this gap and providing a discussion on the current challenges of mechanisms available in Polish law focused on the verification of final judgments based on innocence claims. While there are two procedures designed to move such judgment: cassation and the reopening of criminal proceedings, only the latter aims at the verification of new facts and evidence, and this work remains focused exactly on that issue. The article begins with a case study of the famous Komenda case, which resulted in a successful innocence claim, serving as a good, though rare, example of reopening a case and acquitting the convict immediately and allows for discussing the reasons that commonly stand behind wrongful convictions in Poland. Furthermore, the article examines the innocence claim grounds as regulated in the Polish criminal procedure and their interpretation under the current case law. It also presents the procedure concerning the revision of the case. The work additionally provides the analysis of the use of innocence claim in practice, feeding on the statistical data and explaining tendencies in application for revision of a case. It also presents the efforts of the Polish Ombudsman and NGOs to raise public awareness in that field. The final conclusions address the main challenges that the Polish system faces concerning innocence claims and indicates the direction in which the system should go. |
Rulings |
ECJ 23 September 2020, Case C-777/18 (Vas Megyei Kormányhivatal (Soins de santé transfrontaliers)), Free Movement, Social InsuranceWO – v – Vas Megyei Kormányhivatal, Hungarian case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Free Movement, Social Insurance |
Abstract |
In principle, healthcare received on initiative of an insured person, in another Member State than the Member State of residence, constitutes ‘scheduled treatment’ within the meaning of Article 20 of Regulation 883/04/EC, the reimbursement of which is subject to prior authorization. This can be different in ‘individual circumstances’. |
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Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Applicable Law, Posting of Workers |
Authors | Gautier Busschaert and Pieter Pecinovsky |
AbstractAuthor's information |
This article focuses on the posting of workers in the aviation industry. The main problem is that it is not clear in which situations the Posting of Workers Directive should be applied to aircrew (i.e. cabin crew and pilots). The aviation sector is characterised by a very mobile workforce in which it is possible for employees to provide services from different countries in a very short timeframe. This makes it, to a certain extent, easier for employers to choose the applicable social legislation, which can lead to detrimental working conditions for their aircrew. This article looks into how the Posting of Workers Directive can prevent some air carriers from unilaterally determining the applicable social legislation and makes some suggestions to end unfair social competition in the sector. This article is based on a research report which the authors drafted in 2019 with funding from the European Commission (hereafter the ‘Report’) |
Pending Cases |
Case C-502/20, Free Movement, Work and Residence PermitTP – v – Institut des experts en automobiles, reference lodged by the Cour d’appel de Mons (Belgium) on 5 October 2020 |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Free Movement, Work and Residence Permit |
Case Reports |
2020/51 Compensating untaken leave in case of termination without good cause – preliminary questions asked (AT) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Paid Leave |
Authors | Maria Schedle |
AbstractAuthor's information |
The Austrian Supreme Court has asked preliminary questions about the lawfulness of Section 10(2) of the Austrian Law on Annual Leave which stipulates that an employee is not entitled to an allowance in lieu of annual leave in respect to the current (last) working year if they terminate the employment relationship prematurely without good cause. |
Rulings |
ECJ 29 October 2000, Case C-243/19 (Veselības ministrija), Social Insurance, MiscellaneousA – v – Veselības ministrija, Latvian case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Social Insurance, Miscellaneous |
Abstract |
Article 20(2) of Regulation No 883/2004 does not preclude the insured person’s Member State of residence from refusing to grant that person the authorisation provided for in Article 20(1) of that regulation, where hospital care is available in that Member State but the treatment used is contrary to that person’s religious beliefs. |
Rulings |
ECJ 18 November 2020, Case C-463/19 (Syndicat CFTC), Gender DiscriminationSyndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle – v – Caisse primaire d’assurance maladie de la Moselle, French case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Gender Discrimination |
Abstract |
A national collective agreement may reserve to mothers alone an additional maternity leave, as long as it seeks to protect them from the effects of pregnancy and motherhood. |
Article |
The Mediation DisruptionA Path to Better Conflict Resolution through Interdisciplinarity and Cognitive Diversity |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | interdisciplinarity, social psychology, diversity and inclusivity, disruption |
Authors | Mark T. Kawakami |
AbstractAuthor's information |
As the COVID-19 pandemic continues to expose obsolete business practices and force companies into uncharted territories, a disruption worth (re)considering for companies is to replace their over-reliance on litigation with mediation. In order for mediators to make this transition more appetising for businesses, we must train mediators to: 1) think more holistically through interdisciplinary training; and 2) foster cognitive diversity amongst our pool. |
Human Rights Literature Review |
Croatia |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Matija Miloš |
Author's information |
Human Rights Practice Review |
Bosnia and Herzegovina |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Enis Omerović and Lejla Zilić |
Author's information |
Human Rights Literature Review |
Belarus |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | E. Konnova and P. Marshyn |
Author's information |
Article |
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Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | coronavirus, emergency law, emergency powers, autocratization, democratic deconsolidation, state of emergency, rule of law, transparency, accountability, legislative scrutiny |
Authors | Joelle Grogan |
AbstractAuthor's information |
The measures taken in response to the coronavirus pandemic have been among the most restrictive in contemporary history, and have raised concerns from the perspective of democracy, human rights, and the rule of law. Building on a study of the legal measures taken in response to pandemic in 74 countries, this article considers the central question of the use of power during an emergency: is it better or worse for democracy and the rule of law to declare an emergency or, instead, to rely on ordinary powers and legislative frameworks? The article then considers whether the use of powers (ordinary or emergency) in response to the pandemic emergency has ultimately been a cause, or catalyst of, further democratic deconsolidation. It concludes on a note of optimism: an emerging best practice of governmental response reliant on public trust bolstered by rationalized and transparent decision-making and the capacity to adapt, change and reform measures and policies. |
Article |
Governments as Covid-19 Lawmakers in France, Italy and SpainContinuity or Discontinuity |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | Covid-19, emergency legislation, executive lawmaking, parliaments, decree-laws and ordinances |
Authors | Elena Griglio |
AbstractAuthor's information |
Executive dominance in Covid-19 lawmaking has been a major trend worldwide. Governments have leveraged emergency prerogatives to boost their legislative powers, often sidelining the role of parliaments. The impact of executive lawmaking on fundamental liberties has been unprecedented. However, government’s capacity to exercise full legislative powers is not absolutely new to many European countries. |
Article |
Legislative Scrutiny in Times of EmergencyA Case Study of Australian Parliaments |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | legislative scrutiny, sunset clauses, emergency laws, virtual parliament, parliamentary committee, trust |
Authors | Hon Kate Doust MLC and Mr Sam Hastings |
AbstractAuthor's information |
Citizens’ trust in Australian governments and parliaments has fallen in recent years, yet trust is critical for governments to do their job effectively and attack challenging issues. The coronavirus pandemic provides an opportunity for governments and parliaments to bridge the gap between citizens’ expectations and parliamentary and government performance and therefore rebuild trust. In doing so, parliaments need to balance their desire for speedy action with proportionate measures and mechanisms for review. |
Article |
Increased Uptake of Surveillance Technologies During COVID-19Implications for Democracies in the Global South |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | surveillance technology, platform economy, COVID-19, democracy, global south, belt and road initiative |
Authors | Alex Read |
AbstractAuthor's information |
Social change and introduction of new technologies have historically followed crises such as pandemics, and COVID-19 has seen increasing public tracking through the use of digital surveillance technology. While surveillance technology is a key tool for enhancing virus preparedness and reducing societal risks, the speed of uptake is likely to raise ethical questions where citizens are monitored and personal data is collected. COVID-19 has occurred during a period of democratic decline, and the predominant surveillance-based business model of the ‘platform economy’, together with the development and export of artificial intelligence (AI)-powered surveillance tools, carries particular risks for democratic development in the countries of the Global South. Increased use of surveillance technology has implications for human rights and can undermine the individual privacy required for democracies to flourish. Responses to these threats must come from new regulatory regimes and innovations within democracies and a renewed international approach to the threats across democracies of the Global North and South. |