Preventive detention and the right to personal liberty and security under Article 5 ECHR

'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).

Obesity and the right to sue: would you like fries with that?

There is little chance that obese customers in Australia would fare any better in a claim against fast food companies than their counterparts in the US.

The trouble with woon: the selective answering of police questions and the right to pre-trial silence

The 1964 High Court decision in Woon v The Queen is commonly understood to permit the drawing of an inference of a ‘consciousness of guilt’ when a suspect selectively responds to police questions. It is the author’s contention that, in the light of the emphatic endorsement of the right to pre-trial silence by the High Court in 1993 in Petty v The Queen; Maiden v The Queen, Woon should now be regarded as bad law and should no longer be followed.

Getting it right: participatory information research with people with disabilities

Over the past two decades there has been a growing understanding of consumer requirements and advances in the design and development of accessible technology. However, research over the past decade confirms that significant barriers still exist for people with disabilities. These individuals constitute a diverse group of consumers who experience physical, cognitive, literacy, financial and attitudinal barriers to the use of technology or information. They regard themselves as experts on their access issues yet have been provided with few opportunities to participate in technology research that seeks to explore issues and provide consumer-focused solutions.

In this paper, the benefits of collaborative research and the use of participatory methods in a funded research project on accessible telecommunications information are described. The target consumer group for the project was people with significant communication difficulties, a group who are particularly disadvantaged due to speech, literacy and physical access issues with technology and information. The strategies used to facilitate participation are discussed and criteria from Zarb (1992) and Barnes (2003) are used to evaluate the participatory aspect of the project.

Human right to food security in refugee setting: rhetoric versus reality

Despite recent advances in the area of humanitarian responses and the publication and dissemination of various guidelines with regard to nutritional interventions, there is, however a paucity of studies which have examined the human right to food in complex emergencies. 186 countries including those affected by both human made and natural disasters and countries who are donors of humanitarian relief aid adopted the Rome Declaration on Food Security and World Summit plan of Action reaffirming “ the right to adequate food and the fundamental right of everyone to be free from hunger”. The human right to adequate and nutritious food in refugee settings implies that every refugee has physical and economic access to sufficient food to provide the necessary nutrients for effective physical and physiological functions and achieve well being. There are many grounds for believing that the current humanitarian responses to disasters more often violate than respect the human right to adequate and nutritious food. Using elements of household food security as our working framework this paper focuses on the complex ethical and moral questions raised by the conventional humanitarian assistance framework and in particular the issue of human right to food and household food security in refugee settings.

The right to own : internationalization of perspectives of plagiarism and the internet

Cultural diversity in tertiary classrooms is integral to the current university scene. Teachers must incorporate different methods of delivery and
assessment to cater for an increasingly international student population. This paper explores the notion of plagiarism from two perspectives: the law
and English as a Second Language (ESL) writing theory.

If the price is right : vagueness and values clarification in contingent valuation

The use of willingness to pay to value the benefits of health care is increasing. Much of this work assumes that health preferences are well formed or complete and readily revealed if the right question is asked in the right way. We examined this assumption, seeking evidence in a mixed-methods study that explored the meaning and implications of vague responses to a payment-scale based willingness to pay exercise.

One-half of the sample said that their vagueness meant that their maximum willingness to pay was actually greater than the amount that they had previously said it was. Thirty percent agreed that they would probably pay £10 more than a sum that they had previously said they would most definitely not pay, if they found this to be the cost of the vaccine. Interview data supported the view that the payment scale had failed to elicit the maximum willingness to pay and that some participants used the information on cost to help clarify their values, in contrast to the theory underpinning willingness to pay. The results suggest a need to consider values-clarification in health economic evaluations. Copyright © 2002 John Wiley & Sons, Ltd.

The right tool for the job? Use of the multiple intelligences and Bloom's taxonomy grid

This article explores the tacit understanding of teachers in the field of gifted educational practices after their participation in gifted education professional development. The data for this article are drawn from a single-case qualitative study where semi-structured interviews were held with teachers, administrators and support staff in a metropolitan Victorian primary school. The findings lead to two main arguments: first, that some teachers preserved their deeply entrenched beliefs and assumptions about the gifted, the talented and intelligence[s]; and second, that teachers, without critical examination, eagerly adopted and adapted Gardner's Multiple Intelligences theory, overlaid with Bloom's Revised Taxonomy of Thinking as a means for addressing individual differences in the classroom. The article argues that teachers welcomed the Gardner/Bloom matrix for its 'tick-the-box' simplicity, with little insight into the theoretical models. Whilst the matrix had an immediate value in the mixed ability classrooms, in the long term it did not support the learning needs of gifted students. [Author abstract]

Monitoring employees emails without violating their privacy right

The capability of an employee to violate the policy of an organization is a concern for an employer. Monitoring is a measure taken by an employer to discourage an employee from acting inappropriately. However, current monitoring techniques tend to raise privacy issues because they violate the privacy rights of employees. Applying a monitoring technique without violating the privacy of employees is the aim of this paper. We propose a design and a protocol which give an employer the opportunity to monitor employee email in order to detect company policy violations. This can be achieved without violating the privacy of honest employees, while at the same time revealing evidence about the illegal actions of dishonest employees.

Re Kevin : gender dysphoria and the right to marry

What does it comfort any of us to insist that an individual shall be a man, when for the purposes of ordinary life that individual can only be, and be recognised, as a woman? What pride can there be for a law which vetoes the attitudes dictated by ordinary humanity?[1]

Those suffering from gender dysphoria have been described in the following simple language:

People with gender dysphoria or gender identity disorder live with a conviction that their physical anatomy is incompatible with their true gender role. They have an overwhelming desire to live and function in the opposite biological sex.

Why wrongful birth actions are right

A wrongful birth action is a claim in negligence brought by parents of a child against a doctor who has "wrongfully" caused their child to be born. These claims can be divided into two categories: those where a doctor performs a failed sterilisation procedure that leads to a healthy child being born; and those where a doctor fails to provide sufficient information to allow parents to choose to abort a handicapped child. The recent decision of the High Court of Australia in Cattanach v Melchior (2003) 77 ALJR 1312 falls into the former category. The decision to allow the parents to receive damages for the costs of raising and maintaining their child has generated much public debate. Despite the endorsement of this "wrongful birth" action, there are indications that the legislature will overturn the decision. This article examines whether there is a sound doctrinal basis for recognising wrongful birth actions.