Necessity of Recognition of Same-Sex Marriages and Civil Partnerships Concluded Abroad from Civil Status Registry Point of View
Recent problems with adopting the EU Regulation on matrimonial property regimes have clearly proven that Member States are unable to agree on the scope of the Regulation and, therefore, on the definitions of matrimonial property and marriage itself. Taking into account that the Regulation on the law applicable to divorce and legal separation, as well as the Regulation on matrimonial property regimes, were adopted in the framework of enhanced cooperation, it is evident that lack of a unified definition of marriage has very wide-ranging consequences. The main problem with the unified definition of marriage is that the EU is not entitled to adopt measures in the domain of material family law, as this area remains under the exclusive competence of the Member States. Because of that, the legislation on marriage in domestic legal orders of the various Member States is very different. These differences concern not only issues such as form of marriage or capacity to enter into marriage, but also the most basic matter, namely the core of the institution of marriage itself. Within the 28 Member States, we have those that allow both different-sex and same-sex marriages, those that have adopted special, separate institutions for same-sex couples, and those that allow only marriage between a man and a woman (e.g. Hungary, Latvia, Lithuania, Poland, Slovakia). Because of the freedom of movement within the European Union, it seems necessary to somehow recognize the civil effects of a marriage that was concluded in another Member State. The most crucial issue is how far that recognition should go. The thesis presented in the presentation is that, at an absolute minimum, the authorities of all Member States must recognize the civil status of the persons who enter into marriage in another Member State. Lack of such recognition might cause serious problems, both for the spouses and for other individuals. The authorities of some Member States may treat the marriage as if it does not exist because it was concluded under foreign law that defines marriage differently. Because of that, it is possible for the spouse to obtain a certificate of civil status stating that he or she is single and thus eligible to enter into marriage – despite being legally married under the law of another Member State. Such certificate can then be used in another country to serve as a proof of civil status. Eventually the lack of recognition can lead to so-called “international bigamy”. The biggest obstacle to recognition of marriages concluded under the law of another Member State that defines marriage differently is the impossibility of transcription of a foreign civil certificate in the case of such a marriage. That is caused by the rule requiring that a civil certificate issued (or transcribed) under one country's law can contain only records of legal institutions recognized by that country's legal order. The presentation is going to provide possible solutions to this problem.
Assessing the Impact of the Rome II Regulation's General Rule on Cross-Border Road Traffic Accidents: A Critique of Recent Case Law
The Rome II Regulation has established a uniform regime of conflict of law rules across the European Union (except for Denmark) which determines the law applicable in non-contractual obligations disputes. It marks a significant development towards the Europeanization of private international law and aims to provide the most appropriate connecting factors to achieve both legal certainty and justice in individual cases. Many non-contractual obligations are recognised to present such distinct factors that, to achieve these aims, a special rule is provided for determining the applicable law in cases in respect of product liability and environmental torts, for example. Throughout the legislative process, the European Parliament sought to establish a separate rule for road traffic accidents, recognising that these cases too present such novel situations that a blanket application of a lex loci damni approach would not provide an appropriate answer. Such attempts were rejected and, as a result, cases arising out of road traffic accidents are subject to the Regulation’s general lex loci damni rule along with its escape clause and limited exception. This paper offers a critique of the Regulation’s response to cross-border road traffic accident cases. In England and Wales, there have been few cases that have applied the Regulation’s provisions to date, but significantly the majority of such cases are in respect of road traffic accidents. This paper examines the decisions in those cases and challenges the legislators’ decision not to provide a special rule for such incidences. Owing to the diversity in compensation systems globally, applying the Regulation’s general rule to cases of road traffic accidents – given the breadth of matters that are to be subject to the lex cause – cannot ensure an outcome that provides ‘justice in individual cases’ as is assured by the Regulation's recitals. Not only does this paper suggest that the absence of a special rule for road traffic accidents means that the Regulation fails to achieve one of its principal aims, but it further makes out a compelling case for the legislative body of the European Union to implement a corrective instrument.
Analyzing the Joint Tax Audit at European and International Level: An Instrument of Mutual Administrative Assistance and Its Impact on State Sovereignty
The crisis that began in 2007 has evolved from the financial system to a full-blown fiscal crisis of nations. Western countries have shown their inability and weakness to curb those grievous phenomenona as tax evasion and avoidance, and consequently many of them have steadily hewed to an administrative cooperation strategy that has emphasized the need to protect financial interests and preserve national budget. These forms of tax abuses, mainly realized by large taxpayers (as banks, corporations, and wealthy individuals) have triggered budgetary losses and raises two issues: violation of principle of fair taxation and an associated increasing cost of resources. The worst effect was an involution of “tax law” which is not perceived anymore as a mechanism to ensure and guarantee a fair redistribution of wealth; originally, taxes were thought to finance the so-called res publica and a powerful measure to readdress inequalities. This paper aims at analyzing different forms of administrative assistance at International and European level, with a specific regard to relationships between the European States. This overview is necessary to prepare the ground for the subsequent discussion in order to evaluate whether this extensive effort to implement the mutual administrative assistance (exchange of information and joint tax audits) between countries may combat tax avoidance. Until now, the mutual administrative assistance took the form of a basic exchange of information, but the legislation concerning this model of tax cooperation showed to be widely incomplete and not always respectful of the taxpayers’ rights. Recently German, Italian, Dutch, Swedish tax administrations decided to employ an innovative instrument of fiscal supervision, known as joint tax audit, in according to domestic and supranational laws. The joint tax audit, which consists of tax audit activities conducted by auditors from different countries, might have a high growth-potential. The paper aims to shed light on the legal framework of this instrument which is known as “presence in administrative offices and participation in administrative enquiries” at European level and as “joint audit” at international level. Therefore, the objective is to focus on the differences between the Directive 16/2011, the Council Regulation 204/2010 on the mutual administrative assistance and the OECD Model Tax Convention. More specifically, particular attention will be given to the definition of supranational law that should be applied (Directive or International double Treaty); the need of outlining joint audit set-up with regard to procedural rules (so-called Memorandum of understanding); the legal value of evidence come out from the joint audit. Hence, this paper aims to analyse the main theoretical issues derived from international and national public law, concerning the exercise of an important legal power as tax inspection, exercised in a State different from their own State (legitimacy of tax investigations conducted abroad by national tax auditors and legitimacy of presence of foreign tax auditors in administrative offices). This clearly constitutes a groundbreaking research because the development of the joint tax audit’s model could modernize the classic concept of the tax inspection, traditionally and historically connected to the state sovereignty.
Climate Change and Human Migration
The paper attempts to investigate the correlation between climate change and migration that has caused violent disputes in some regions of the world. Recently, NGOs and educational institutions have proposed claims that migratory patterns and violent uprisings are intertwined with climate change. Thus, the paper is primarily concerned with collecting evidences provided from scholars, validating this significant connection between climate change and migration, and evaluating and suggesting current and future research approaches respectively to enhance the acknowledgment and protection of environmental refugees. In order to examine the linkage of environmental migration, primary sources, such as political speeches, and secondary sources like theses from environmental policy analysts, books, and reports are used. More specifically, the investigation focuses on an civil war in Syria to draw a connection between environmental migration and violent dispute that threatens the global security.
The examination undertaken specifically analyzes examples where forced migration occurred due to climate change. In Bangladesh, Pakistan, and Kiribati, residents have been at risk of fleeing their countries because of abnormal climate patterns, such as the rise of sea level or an excessive heat stress. As the brutal uprising in Syria has proven that climate change can pose a significant threat to global security, correlation between climate change and migration is surely worth delving into.
Ageing Population and Generational Turn-Over in the Italian Labour Market: Towards a Sustainable Solidarity
Ageing population and youth unemployment are the major challenges that Western Countries – and Italy in particular – are facing in recent years. These phenomena have a significant impact not only on the labour market and the welfare system but also on the organisational models of work. Therefore, the management of generational turn-over is an important issue on the political agenda, as attested by recent Italian legislative measures: intergenerational pacts, early retirement incentives, solidarity contracts, etc… In particular, this paper aims to focus on the “rediscovery” of expansive solidarity contracts: they have been in the Italian legal system for about thirty years (art. 2 Decree Law no. 726/1984), but they have been little used or not used at all. The art. 41 of Legislative Decree no. 148/2015, implementing the so-called Jobs Act, has regulated them again, giving another chance for solidarity contracts. Why this tool did not work in the past? What are the amendments introduced by the mentioned Legislative Decree? What are the potentialities and the limits of expansive solidarity contracts? The paper tries to answer these questions by analyzing the rules and the empirical data, looking for a sustainable model of generational turn-over management. In fact, this issue is omnipresent in the media, yet still little explored scientifically. It is also a theme that presents significant interdisciplinary profiles, in which the legal contribution could be extremely useful in order to identify adequate tools for a balanced generational turn-over.
Genetics, Law and Society: Regulating New Genetic Technologies
Scientific and technological developments are driving genetics and genetic technologies into the public sphere. Scientists are making genetic discoveries as to the make up of the human body and the cause and effect of disease, diversity and disability amongst individuals. Technological innovation in the field of genetics is also advancing, with the development of genetic testing, and other emerging genetic technologies, including gene editing (which offers the potential for genetic modification). In addition to the benefits for medicine, health care and humanity, these genetic advances raise a range of ethical, legal and societal concerns. From an ethical perspective, such advances may, for example, change the concept of humans and what it means to be human. Science may take over in conceptualising human beings, which may push the boundaries of existing human rights. New genetic technologies, particularly gene editing techniques create the potential to stigmatise disability, by highlighting disability or genetic difference as something that should be eliminated or anticipated. From a disability perspective, use (and misuse) of genetic technologies raise concerns about discrimination and violations to the dignity and integrity of the individual. With an acknowledgement of the likely future orientation of genetic science, and in consideration of the intersection of genetics and disability, this paper highlights the main concerns raised as genetic science and technology advances (particularly with gene editing developments), and the consequences for disability and human rights. Through the use of traditional doctrinal legal methodologies, it investigates the use (and potential misuse) of gene editing as creating the potential for a unique form of discrimination and stigmatization to develop, as well as a potential gateway to a form of new, subtle eugenics. This article highlights the need to maintain caution as to the use, application and the consequences of genetic technologies. With a focus on the law and policy position in Europe, it examines the need to control and regulate these new technologies, particularly gene editing. In addition to considering the need for regulation, this paper highlights non-normative approaches to address this area, including awareness raising and education, public discussion and engagement with key stakeholders in the field and the development of a multifaceted genetics advisory network.
Perceived Seriousness of Cybercrime Types: A Comparison across Gender
Purpose: The research is seeking people's perceptions on cybercrime issues, rather than their knowledge of the facts. Unlike the Tripartite Cybercrime Framework (TCF), the binary models are ill-equipped to differentiate between cyber fraud (a socioeconomic crime) and cyber bullying or cyber stalking (psychosocial cybercrimes). Whilst the binary categories suggested that digital crimes are dichotomized: (i.e. cyber-enabled and cyber-dependent), the TCF, recently proposed, argued that cybercrimes can be conceptualized into three groups: socioeconomic, psychosocial and geopolitical. Concomitantly, as regards to the experience/perceptions of cybercrime, the TCF’s claim requires substantiation beyond its theoretical realm. Approach/Methodology: This scholar endeavor framed with the TCF, deploys a survey method to explore the experience of cybercrime across gender. Drawing from over 400 participants in the UK, this study aimed to contrast the differential perceptions/experiences of socioeconomic cybercrime (e.g. cyber fraud) and psychological cybercrime (e.g. cyber bullying and cyber stalking) across gender. Findings: The results revealed that cyber stalking was rated as least serious of the different digital crime categories. Further revealed that female participants judged all types of cybercrimes as more serious than male participants, with the exception of socioeconomic cybercrime – cyber fraud. This distinction helps to emphasize that gender cultures and nuances not only apply both online and offline, it emphasized the utilitarian value of the TCF. Originality: Unlike existing data, this study has contrasted the differential perceptions and experience of socioeconomic and psychosocial cybercrimes with more refined variables.
Other-Generated Disclosure: A Challenge to Privacy on Social Network Sites
Sharing on social network sites (SNSs) has rapidly emerged as a new social norm and has become a global phenomenon. Billions of users reveal not only their own information (self disclosure) but also information about others (other-generated disclosure), resulting in a risk and a serious threat to either personal or informational privacy. Self-disclosure (SD) has been extensively researched in the literature, particularly regarding control of individual and existing privacy management. However, far too little attention has been paid to other-generated disclosure (OGD), especially by insiders. OGD has a strong influence on self-presentation, self-image, and electronic word of mouth (eWOM). Moreover, OGD is more credible and less likely manipulated than SD, but lacks privacy control and legal protection to some extent. This article examines OGD in depth, ranging from motivation to both online and offline impacts, based upon lived experiences from both ‘the disclosed’ and ‘the discloser’. Using purposive sampling, this phenomenological study involves an online survey and in-depth interviews. The findings report the influence of peer disclosure as well as users’ strategies to mitigate privacy issues. This article also calls attention to the challenge of OGD privacy and inadequacies in the law related to privacy protection in the digital domain.
Development of Children through the Prism of Pending Bills in India: An Analytical Study
Children are considered as future of a country. In order to have a better future, better laws are required in the present, especially for the children. Their development primarily revolves around physical, mental, psychological, emotional and financial facets. Hence the holistic development of a child in the contemporary society is a must in order to secure a better future. The present paper is an endeavour to analyse the development of children in India vis-a-vis The Child Development Bill 2016 and Child Labour (Abolition) Bill 2016 pending before the Indian Parliament. The findings of the study will attempt to highlight the flaws of the Bills and their probable repercussions, supporting the same with Constitutional provisions, judicial precedents, and the international perspective. Finally, the paper will conclude with concrete suggestions to overcome the flaws of the Bills so that the Bills, when passed, can be sincerely implemented.
Acute Myocardial Infarction Associated with Ingestion of Herbal Mixtures ContainingAcetylcholinesterase Inhibitors
We reviewed an unusual case of a 65-year-old male who is taking herbal mixture containing acetylcholinesterase inhibitors for a long period for treatment purposes presented with acute myocardial infarction, multiple organ dysfunction syndrome, and death. We found clinical findings correlated with anti-cholinesterase activity like bilateral miosis, diaphoresis, vomiting fasciculation, and bradycardia without a history of any toxic ingestion or exposure. Gas chromatography-mass spectrometry screening studies identify the presence of thymol, anethole in herbal extract and butylated hydroxytoluene in the blood sample. This case highlights the necessity for the toxicological evaluation of the long-term use of herbal mixtures.
The Neuroscience Dimension of Juvenile Law Effectuates a Comprehensive Treatment of Youth in the Criminal System
Categorical bans on the death penalty and life-without-parole sentences for juvenile offenders in a growing number of countries have established a new era in juvenile jurisprudence. This has been brought about by integration of the growing knowledge in cognitive neuroscience and appreciation of the inherent differences between adults and adolescents over the last ten years. This evolving understanding of being a child in the criminal system can be aptly reflected through policies that incorporate the mitigating traits of youth.
First, the presentation will delineate the structures in cognitive neuroscience and in particular, focus on the prefrontal cortex, the amygdala, and the basal ganglia. These key anatomical structures in the brain are linked to three mitigating adolescent traits—an underdeveloped sense of responsibility, an increased vulnerability to negative influences, and transitory personality traits—that establish why juveniles have a lessened culpability. The discussion will delve into the details depicting how an underdeveloped prefrontal cortex results in the heightened emotional angst, high-energy and risky behavior characteristic of the adolescent time period or how the amygdala, the emotional center of the brain, governs different emotional expression resulting in why teens are susceptible to negative influences.
Based on this greater understanding, it is incumbent that policies adequately reflect the adolescent physiology and psychology in the criminal system. However, it is important to ensure that these views are appropriately weighted while considering the jurisprudence for the treatment of children in the law. To ensure this balance is appropriately stricken, policies must incorporate the distinctive traits of youth in sentencing and legal considerations and yet refrain from the potential fallacies of absolving a juvenile offender of guilt and culpability. Accordingly, three policies will demonstrate how these results can be achieved: (1) eliminate housing of juvenile offenders in the adult prison system, (2) mandate fitness hearings for all transfers of juveniles to adult criminal court, and (3) use the post-disposition review as a type of rehabilitation method for juvenile offenders.
Ultimately, this interdisciplinary approach of science and law allows for a better understanding of adolescent psychological and social functioning and can effectuate better legal outcomes for juveniles tried as adults.
Measures for Limiting Corruption Related to the Migration Wave in Europe
Fight against migrant smuggling has been put as a priority issues at the European Union policy agenda for more than a decade. The trafficked person, who has been targeted as the object of criminal exploitation, is specifically unique for human trafficking. Generally, the beginning of human trafficking activities is related to profit from the victim’s exploitation. The objective of this paper is to present measures that could result in the limitation of corruption mainly through analyzing the existing legislation framework against corruption in Europe. The analysis is focused on exploring the multiple origins of factors influencing migration processes in Europe, as corruption could be characterized as one of the most significant reasons for refugees to flee their countries. The main results show that law enforcement must turn the focus on the financing of the organized crime groups that are involved in migrant smuggling activities. Corruption has a significant role in managing smuggling operations and in particular when criminal organizations and networks are involved. Illegal migrants and refugees usually represent significant sources of additional income for officials involved in the process of boarding protection and immigration control within the European Union borders.
Youth Participation in Peace Building and Development in Northern Uganda
The end of the conflict in Northern Uganda in 2006 brought about an opportunity for the youth to return to their original home and contribute to the peace building and development process of their communities. Post-conflict is used here to refer to the post-armed conflict situation and activities of rebels of Joseph Kony in northern Uganda. While the rebels remain very much active in the Sudan and Central African Republic, in Uganda the last confrontations occurred around 2006 or earlier, and communities have returned to their homes and began the process of rebuilding their lives. It is argued that socio-economic reconstruction is at the heart of peacebuilding and sustenance of positive peace in the aftermath of conflict, as it has a bearing on post-conflict stability and good governance. We recognize that several post-conflict interventions within Northern Uganda have targeted women and children with a strong emphasis on family socio-economic empowerment and capacity building, including access to micro finance. The aim of this study was to examine the participation of the youth in post-conflict peace building and development in Northern Uganda by assessing the breadth and width of their engagement and the stages of programming cycle that they are involved in, interrogating the space for participation and how they are facilitating or constraining participation. It was further aimed at examining the various dimensions of participation at play in Northern Uganda and where this fits within the conceptual debates on peace building and development in the region. Supporting young people emerging out of protracted conflict to re-establish meaningful socio-economic engagements and livelihoods is fundamental to their participation in the affairs of the community. The study suggests that in the post-conflict development context of Northern Uganda, participation has rarely been disaggregated or differentiated by sectors or groups. Where some disaggregation occurs, then the main emphasis has always been on either women or children. It appears therefore that little meaningful space has thus been created for young people to engage and participate in peace building initiatives within the region. In other cases where some space is created for youth participation, this has been in pre-conceived programs or interventions conceived by the development organizations with the youth or young people only invited to participate at particular stages of the project implementation cycle. Still within the implementation of the intervention, the extent to which young people participate is bounded, with little power to influence the course of the interventions or make major decisions. It is thus visible that even here young people mainly validate and legitimize what are predetermined processes only act as pawns in the major chess games played by development actors (dominant peace building partners). This paper, therefore, concludes that the engagement of the youth in post-conflict peace building has been quite problematic and tokenistic and has not given the adequate youth space within which they could ably participate and express themselves in the ensuing interventions.
Contribution of Police Reform and Governance to Sustainable Peace and Security in Transition African Societies: CôTe D'Ivoire and Sierra Leone in Comparative Perspective
Police and policing in Africa have heavily been impacted on by neo- patrimonialism, poor governance and widespread corruption to the extent that the police are now seen as a security threat rather than a source of protection, peace, and sustainable security. Additionally, the structure of many African police institutions and the manner in which personnel conducts their duties suggests that their primary interest is in protecting and ensuring regime survival coupled with their own personal interests. Hence regular reports and accusations of practices such as bribery, unlawful arrests, excessive use of force and human rights abuses.
This paper presents field data findings of research recently conducted in Sierra Leone and Côte d’Ivoire with the focus on the practical realities of police reform and governance processes in both transition societies and its contribution to sustainable peace and security. Data was gathered through the use of semi-structured interviews of key national and external actors involved in the reform and governance processes of the police institutions in both states at the policy, managerial and tactical levels. In addition focus, group discussions were held with citizens, all with the aim of problematising and understanding the issues surrounding police reform and governance in both societies. Côte d’Ivoire and Sierra Leone are fitting comparative case studies as both are in vital transition phases. Côte d’Ivoire is presently engaged in nationally led reforms, while Sierra Leone embarked on reforms in 1996 and is currently in the midst of further reforms. The present reforms are nationally initiated projects however they are externally led processes with Côte d’Ivoire collaborating with external partners including the UN and governments such as Germany, Japan, and France, as well as regional bodies such as the European Union (EU). Sierra Leone is receiving assistance from the United Nations Development Programme (UNDP), and states including the United Kingdom (UK), China and the United States of America (USA).
The findings focus attention on the challenges and opportunities of policing at the tactical, managerial, policy and community levels in both societies. Overall, the data gathered reminds us that reform processes are not neutral for all actors involved. The findings suggest that while change is desired by both national and external donor actors as well as police personnel, not all fully welcome the change, especially when it impacts on their means of livelihoods. This results in personnel and institutions reverting back to old practices often due to poor institutional governance which negatively impacts on sustainable peace and security in transition African societies. Many personnel focuses on their job securities and daily survival rather than on their roles in the state and their contribution to ensuring sustainable peace and security as well as the building and strengthening of public trust.
Juvenile Justice in Maryland: The Evidence Based Approach to Youth with History of Victimization and Trauma
Maryland efforts to decrease the juvenile criminality and recidivism shifts towards evidence based sentencing. While in theory the evidence based sentencing has an impact on the reduction of juvenile delinquency and drug abuse; the assessment of juveniles’ risk and needs usually lacks crucial information about juvenile’s prior victimization. The Maryland Comprehensive Assessment and Service Planning (MCASP) Initiative is the primary tool for developing and delivering a treatment service plan for juveniles at risk. Even though it consists of evidence-based screening and assessment instruments very little is currently known regarding the effectiveness and the impact of the assessment in general. In keeping with Maryland’s priority to develop successful evidence-based recidivism reduction programs, this study examined results of assessments based on MCASP using a representative sample of the juveniles at risk and their assessment results. Specifically, it examined: (1) the results of the assessments in an electronic database (2) areas of need that are more frequent among delinquent youth in a system/agency, (3) the overall progress of youth in an agency’s care (4) the impact of child victimization and trauma experiences reported in the assessment. The project will identify challenges regarding the use of MCASP in Maryland, and will provide a knowledge base to support future research and practices.
Scourge of Sexual Offence: A Socio-Demographic Profile of Survivors of Sexual Offences
Introduction: Ever since the ancient times, rape and other sexual offences are considered to be heinous crimes. Rape is not just another word in the dictionary, but it is the most barbaric act of violence committed with sex being the weapon. Rape is among the highest forms of crime experienced by women and children in all sectors of the society. In recent years, there has been an alarming rise in ratio of rape in India. The burden of such crimes on the society is very huge. The venereal diseases are the worst consequence along with unwanted pregnancies. Aims and Objectives: To determine the socio-demographic profile of the survivors of sexual offences reported to Dept. of Forensic Medicine of a South Indian medical college. Material methods: This retrospective study was conducted in the Department of Forensic Medicine of Raichur Institute of Medical Sciences, Raichur, Karnataka, India. Only survivors of sexual offences cases were included in the study group. Examination of all survivors was carried out by doctors of the said Department. Study period is one year six months, January 2015 to June 2016. Results/ case history: In total 140 cases of sexual offences were examined during study period of which the total survivors accounted to 62.85% i.e. 88 cases. Of the 88 survivors, 61 (69.31%) were registered under POCSO Act. The most affected age group of victims was 10-18 years in 59 (67%) cases. 61% were in acquaintance with the assailants, 18% were classmates/ friends, 13% of accused were Family members/ Relatives, 8% were strangers. 85% of the survivors were hailing from rural setup, while 15% were from urban. 60.65% of the survivors were students, 37.7% were doing Coolie/ Agricultural works. Conclusion: Delay in reporting of cases resulted in loss of vital physical evidences as no concrete report could be generated from the forensic lab after examination of specimens thus there should be coordination among doctors, forensic experts and investigating agency. It is worth mentioning that though a large number of cases of sexual offences are reported as rape many among them are consented acts and hence definite evidence of forceful sexual intercourse is lagging.
Development of Hit Marks on Clothes Using Amino Acid Reagents
If we analogize any physical external force given to victims in many crimes including violence, it would be possible not only to presume mutual action between victims and suspects, but to make a deduction of more various facts in cases. Therefore, the aim of this study is to identify criminal tools through secretion on clothes by using amino acid reagents such as Ninhydrin, DFO(1,8-dizafluoren-9-one), 1,2 – IND (1,2-indanedione) which are reacting to skin secretion. For more effective collecting condition, porcine skin which is physiologically similar to human was used. Although there were little differences of shape identification according to sensitivity, amino acid reagents were able to identify the fist, foot, and baseball bat. Furthermore, we conducted the experiments for developmental variations through change over time setting up 5-weeks period including first damage as variation factor, and developing materials in each action through certain reagents. Specimen level of development depending on change over time was identified. As a result, each of initial level of development was seen no changes.
Kill the Passive Partner Anyway: A Genealogy of Death Punishment Reforms on Same-Sex Sexual Acts in Iran's 2013 Penal Code
Iranian state introduced and implemented a new penal code in 2013 in which male same-sex sexual acts are punishable by death penalty. Although punishing those engaged in male same-sex sexual acts is not a new phenomenon in Iran, this new code is highly specialized, detailed, and has assigned different levels of punishment for active and passive male partners, i.e. the passive partner is punishable by death in most cases while this is not true about the active partner. Further, this new code has left out death punishment for those involved in female same-sex sexual acts. This paper, based on the feminist constructivist understanding of state, violence, and identities, aims to explore a genealogy of this new penal code and those local and global sociopolitical factors that have triggered and enabled such state violence. We contextualize the emergence of Iran’s penal code within current local and global sociopolitical milieu and explore the links between various factors that over time have enabled the possibility of such penal code. We analyze the links between the Western war on terrorism filled with Orientalist discourses, the proliferation of a western model of Gay identity through discourses of human rights, economic impacts of Western sanctions against Iran during the recent years, and the decline in population growth and marriage rates. We argue Iran’s new penal code is part of Iranian state’s reactionary grand scheme in response to the recent developments in local and global contexts to protect its territorial boundaries and to construct and present a Shia-Muslim and masculine national identity at the world stage.
Appropriate Legal System for Protection of Plant Innovations in Afghanistan
Because of the importance and effect of plant innovations on economy, industry, and especially agriculture, they have been on the core attention of legislators at the national level, and have been a topic of international documents related to intellectual innovations in the recent decades. For protection of plant innovations, two legal systems (i.e. particular system based on International Convention for protection of new variety of plants, and the patent system) have been considered. Ease of access to the support and the level of support in each of these systems are different. Our attempt in this paper, in addition to describing and analyzing the characteristics of each system, is to suggest the compatible system to the industry and agriculture of Afghanistan. Due to the lack of sufficient industrial infrastructure and academic research, the particular system based on the International Convention on the protection of new variety of plants is suggested. At the same time, appropriate industrial and legal infrastructures, as well as laboratories and research centers should be provided in order that plant innovations under the patent system could also be supported.
International Relations and the Transformation of Political Regimes in Post-Soviet States
Using of a combination of institutional analysis and network access has allowed the author to identify the characteristics of the informal institutions of regional political power and political regimes. According to the author, ‘field’ of activity of post-Soviet regimes, formed under the influence of informal institutions, often contradicts democratic institutional regional changes which are aimed at creating of a legal-rational type of political domination and balanced model of separation of powers. This leads to the gap between the formal structure of institutions and the real nature of power, predetermining the specific character of the existing political regimes.
On the Alternative Sanctions to Capital Punishment in China
There can be little doubt that our world is inexorably moving towards being execution-free. However, China is still on the way until now, in other words, China is still a retentionist state in the term of capital punishment but it is developing domestic criminal law toward that goal (eventual abolition of the capital punishment). The alternative sanction to capital punishment, which would be imposed on a criminal who should have been sentenced to death by law, is a substitute for execution and it should be provided with the basis of the present criminal punishment structure and with the premise of abolishing capital punishment or limiting its use. The aim of this paper, therefore, is to explore a substitute for capital punishment in China. For the criminal sanction system in China, the death penalty with suspension, naturally, is an execution, so it wouldn’t be the substitute; life sentences without parole is out of the tune with punishment policy that promoting correction and rehabilitation; life-imprisonment, which is one of the most severe punishment measure in the sanction system, should be a suitable substitute for executing but it needs to be improved, including the term of imprisonment, the commutation and parole conditions.
The Emerging Global Judicial Ethics: Issues and Problems
Actions to improve Judicial Ethics develop, usually in the form of the adoption of professional standards for judges. However, as it tends to be very important at the moment, some risks it presents must be highlighted. If its goal to improve judicial ethics is legitimate, it can result in strengthening the criticism against the Judiciary and broaching incidentally the question of the limits of judgment which is most perilous for the independence of justice. One may fear the risk of banalization of Justice, because, through this professional standards, we accept a judicial checking from pretty similar standards to those of other public servants. Additionally, the discourse about Judicial Ethics evoke widely divergent dimensions, ones supported by political institutions trying to lead the judicial functioning to an administrative normality (it is meaningful that this ethical approach has been introduced during a significant era of judicial systems reforms and in the context of the implementation of new management methods focused on efficiency and effectiveness) and others, supported by the Judiciary, trying to take away Justice of productivist drift and of the risk of questioning the independence of the judiciary. But most important is undoubtedly the fact that through the expansion of the Ethical Standards, has reemerged the question of the limits of judicial decisions, some “codes of ethics” calling the judges not to adopt political decisions or not to take in account extra-legal considerations. For example, Article 16 of China's Code of Conduct states that “judges should not get influenced inappropriately by the media and public opinion, and should not do, in public or in the media, comments that could undermine the seriousness and authority of res judicata.” In China, breaches of the code of conduct by judges are sanctioned.
This research is based on case studies, interviews with judges and analysis of the literature on this topic (mainly from the United States of America and EU Member States).
We can note a slipping from a recommendation to behave ethically to a recommendation to judge ethically, which has obvious implications for the principle of independence. This is for this reason that the 2002 Bangalore Principles of Judicial Conduct, adopted under the auspices of the United Nations, state that it is primarily the Judiciary’s responsibility to promote and maintain high standards of Ethics in each country. The questions about the judge's limits are absolutely legitimate. But one cannot deny that the recent development of Conducts guide had the effect of introducing greater requirements on the judge's decision itself. The requirements seem to have gradually slipped from Ethics of Judges to Ethics of Justice. This is why the people who fear the regulation of the behavior of judges suggests talking about Judges Ethics rather than Judicial Ethics. Moreover, one can also object to the idea of detachment that it is simply not an ethical position.
Each judge must be free of her or his ethical convictions.
Domestic Violence against Rural Women in Haryana State of India
Violence against women has spread into a global epidemic. This has debilitating effect over the performance of women. Due to deep-rooted values, traditional Indian culture women fear the consequences of reporting violence and declare an unwillingness to subject themselves to the shame of being identified as battered women. Main interest was to study types of domestic violence which women face and to encourage them to report the matter. The study involved understanding the nature, extent and types of domestic violence. Two hundred rural women respondents were selected at random, interview schedule was prepared, and victims afflicted with domestic violence were identified. Data were collected and analyzed for different forms of domestic violence faced by women. 60% of the respondents faced domestic violence in different forms. Out of 120 women who were affected, 92.5% faced emotional, 90.8% faced verbal, 49.1% faced economic and 58.3% faced physical violence. 45.0% faced violence within three months of the marriage. Out of these, only 6.6% reported the violence to the police. Frequently faced forms of violence were slapping (27.1%), beating (24.3%) and starvation (25.7%). Number of women who were not allowed to spend money of their own stood at 30.5%. About 50% victims of emotional violence were facing constant criticism by their in-laws. Significant association was found between age, education and socio-economic status of the respondents and domestic violence. Rural women in Haryana face grave problem of domestic violence which need to be curbed for improving condition of women in society.
Deconstructing and Reconstructing the Definition of Inhuman Treatment in International Law
The prohibition on ‘inhuman treatment’ constitutes one of the central tenets of modern international human rights law. It is incorporated in principal international human rights instruments including Article 5 of the Universal Declaration of Human Rights, and Article 7 of the International Covenant on Civil and Political Rights. However, in the absence of any legislative definition of the term ‘inhuman’, its interpretation becomes challenging. The aim of this article is to critically analyze the interpretation of the term ‘inhuman’ in international human rights law and to suggest a new approach to construct its meaning. The article is composed of two central parts. The first part is a critical appraisal of the interpretation of the term ‘inhuman’ by supra-national human rights law institutions. It highlights the failure of supra-national institutions to provide an independent definition for the term ‘inhuman’. In fact, those institutions consistently fail to distinguish the term ‘inhuman’ from its other kin terms, i.e. ‘cruel’ and ‘degrading.’ Very often, they refer to these three prohibitions as ‘CIDT’, as if they were one collective. They were primarily preoccupied with distinguishing ‘CIDT’ from ‘torture.’ By blurring the conceptual differences between these three terms, supra-national institutions supplemented them with a long list of specific and purely descriptive subsidiary rules. In most cases, those subsidiary rules were announced in the absence of sufficient legal reasoning explaining how they were derived from abstract and evaluative standards embodied in the prohibitions collectively referred to as ‘CIDT.’ By opting for this option, supra-national institutions have created the risk for the development of an incoherent body of jurisprudence on those terms at the international level. They also have failed to provide guidance for domestic courts on how to enforce these prohibitions. While blurring the differences between the terms ‘cruel,’ ‘inhuman,’ and ‘degrading’ has consequences for the three, the term ‘inhuman’ remains the most impoverished one. It is easy to link the term ‘cruel’ to the clause on ‘cruel and unusual punishment’ originating from the English Bill of Rights of 1689. It is also easy to see that the term ‘degrading’ reflects a dignatarian ideal. However, when we turn to the term ‘inhuman’, we are left without any interpretative clue. The second part of the article suggests that the ordinary meaning of the word ‘inhuman’ should be our first clue. However, regaining the conceptual independence of the term ‘inhuman’ requires more than a mere reflection on the word-meaning of the term. Thus, the second part introduces philosophical concepts related to the understanding of what it means to be human. It focuses on ‘the capabilities approach’ and the notion of ‘human functioning’, introduced by Amartya Sen and further explored by Martha Nussbaum. Nussbaum’s work on the basic human capabilities is particularly helpful or even vital for understanding the moral and legal substance of the prohibition on ‘inhuman’ treatment.
Criminals not Addicts: Newspaper Framing of Gambling-Related Crimes
This study analyzed 411 international newspaper stories pertaining to gambling-related crimes from January 2013 to December 2014. These stories included accounts of crimes committed to fund gambling or pay gambling debts or that occurred at gambling establishments. Our analysis pays particular attention to those crimes that were imputed to be committed by “problem” or “addictive” gamblers, who commit crimes to fund gambling or pay gambling debts. Previous research on problem/addictive gambling has focused on its etiology or prevalence rates and has not attended to the media portrayals of this behavior and its association with crime. Using frame analysis concepts, the data demonstrate that the newspaper stories typically frame the events as “crimes” and not the result of illness or addiction. The “evidence” of motive that could have indicated psychological problems or additions were rather framed as “criminal motive.” This framing practice advances an identity of a “problem/addictive gambler” as a deviant criminal perpetrator and not a victim of addiction. The paper concludes with a discussion of how these findings can be used to advance research on social portrayals of problem/addictive gamblers. Specifically, we consider how these media frames impede an understanding of problem/addictive gambling as a public health problem.
Impact of Crime on Women and Their Families in Rural Areas of Haryana State in India
Violence against women is the result of long-standing power imbalance between men and women and thus seriously compromises the well-being, productivity and contribution of one half the population. The costs incurred to the family especially children and society at large in terms of physical, psychological, social and financial losses are huge. The communities’ native to the state of Haryana in India is primarily patriarchal, burdened with age old regressive mindset under the socio-cultural and religious structures which discriminates against women. Therefore it was important to bring to light the issues affecting women in this region. Therefore this study focused on studying the consequences of crime on victim women and their families. Two hundred women were randomly selected and out of those one hundred twenty, who were affected with some kind of violence were interviewed. Data was collected and statistically analyzed for physical, psychological, inter-family and societal consequences of violence on these women. Women reported physical injuries, gynecological problems, unwanted pregnancies, frigidity, phobia and sexual dysfunction. 58.9% women felt decreased work efficiency. Psychological problems encountered were anxiety, isolation, depression, suicidal tendencies. 66.7% respondents suffered from anxiety followed by 65.0% faced depression symptoms. At family levels, 40.0% respondents felt the atmosphere was unsuitable for children while 39.2% reported lack of interaction. The societal consequences reported were breakdown of interaction with friends and family (44.2%) and resulting humiliation and demeaning remarks from others (38.3%). The impact of violence on women had an adverse effect on children. 36.7% children felt responsible for abuse and powerless to stop it, 29.2% reported living with fear. Concerted efforts are required to curb violence against women in Haryana.
The Impact of the EU Competition Law on the Asian Systems
Throughout the last decade developing countries have been undergoing substantial reforms to promote the establishment of competition regimes, as consequence of the trade liberalization and the spread of a ‘competition awareness movement’ across the globe. The legislative trend affected the whole Asia. Notwithstanding the existence of extensive joint ventures, cartels and other collusive business relationships in this geographical area, almost all the countries have already passed or are committed to enforce specific laws in the field. The study dwells into legal solutions adopted in the five sub-regions in which the continent is commonly divided –i.e. Central, East, South, Southeast, and Western Asia- and, using a comparative methodology, shed lights on the main differences and similarities in place. The final outcome of the analysis is that, despite the undeniable divergences of approach, what links together the legislation in force in the region is the unveiled influence exercised by the European Union competition regulation. Consequently, in order to properly evaluate the deterrence of the rule of law in the sector concerned, it is fundamental to scrutinize the major role played by the EU and its policy for the evolution of pro-competitive practices in the continent.
A Diagnostic Study of Rape Culture in India
Rape has become an epidemic in India. Rape becomes a repressive weapon, which used to make them silent or used sometimes as a mode of punishment. Even for marrying above their status or for caste violation through a marriage of their choice, women are sentenced for mass rape, and the retribution is done in the presence of her family and villagers. Dalit or lower class women are brutally raped in a process of chastisement carried out by the upper class to keep the former always under their feet. Even in police stations, women are raped so that, their wretched condition will compel them to blurt out the truth. In a patriarchal society, for every trespass of woman, she is retaliated with a trespass into her body, which they think is the finest fine she can pay, as they are still driven by Victorian morality and believe once ‘the jewel’ is stolen, it is stolen forever. Even when the reports of brutal rapes comes out, those who are in responsible position also take the girls to task for going out in inappropriate time. As it is elsewhere in the world, in India too rape is a destructive weapon used to destroy men folk morally and psychologically, as they deem their honor rest in their protecting the purity of their women. During the communal skirmishes, as it is evident from Gujarat and Muzzafar Nagar recently, women are subjected to mass rape so that they can terrorize their men. Even women writers are threatened with rape for criticizing the maneuvers and manipulations of political parties. This becomes possible because of the undue weight given to the chastity of women. This study intends to analyze the nature of rapes occurring in India, including its use as a tool to establish and perpetuate the dominant position of men in social power structures. The study reveals how society, media and literature have imbibed and spread the notion of this sacred glass bowl which is the proud possession of men, the breaking of which steals them of their honor.
Analyzing a Human Rights Approach to Poverty and Development Goals in the ASEAN Region
Poverty, hunger and water scarcity are threats to human rights and are assaults on human dignity. The very existence of man is questioned when his basic rights are violated. Addressing this social phenomenon should be a key objective of any human rights discourse. The origins of these problems have various root causes. For Asia, colonisation was an essential factor that caused great inequalities in the distribution of wealth. In the post-colonial era, the colonised states were developing nations grappling with these issues. Today, some of the developing states have progressed to developed nations. However, others remain as economically vulnerable countries. Within states, the widening income gap poses further threat to human rights. Hence ASEAN states have prioritised socio-economic rights, particularly basic needs, in the human rights discourse in this region. To date, poverty and development goals are given primary importance. This paper seeks to show how a human rights approach has dealt with poverty and development goals in this region and evaluates its effectiveness in addressing these concerns.
From Protector to Violator: Assessing State's Role in Protecting Freedom of Religion in Indonesia
Indonesia is a country that upholds the law, human rights and religious freedom. The freedom that implied in various laws and constitution (Undang-undang 1945) is not necessarily applicable in practice of religious life. In one side, the state has a duty as protector and guarantor of freedom, on the other side, however, it turns into one of the actors of freedom violations of religion minority. State action that interferes freedom of religion is done in various ways both intentionally or negligently or not to perform its obligations in the enforcement of human rights (human rights due diligence). Besides the state, non-state actors such as religious organizations, individuals also become violators of the rights of religious freedom. This article will discuss two fundamental issues that interfere freedom of religion in Indonesia after democratic era. In addition, this article also discusses a comprehensive state policy that discriminates minority religions to manifest their faith.