The treatment of sex offenders : evidence, ethics, and human rights

Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community–offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.

Identification of fatty acid translocase on human skeletal muscle mitochondrial membranes: essential role in fatty acid oxidation

Fatty acid translocase (FAT/CD36) is a transport protein with a high affinity for long-chain fatty acids (LCFA). It was recently identified on rat skeletal muscle mitochondrial membranes and found to be required for palmitate uptake and oxidation. Our aim was to identify the presence and elucidate the role of FAT/CD36 on human skeletal muscle mitochondrial membranes. We demonstrate that FAT/CD36 is present in highly purified human skeletal mitochondria. Blocking of human muscle mitochondrial FAT/CD36 with the specific inhibitor sulfo-N-succimidyl-oleate (SSO) decreased palmitate oxidation in a dose-dependent manner. At maximal SSO concentrations (200 μM) palmitate oxidation was decreased by 95% (P < 0.01), suggesting an important role for FAT/CD36 in LCFA transport across the mitochondrial membranes. SSO treatment of mitochondria did not affect mitochondrial octanoate oxidation and had no effect on maximal and submaximal carnitine palmitoyltransferase I (CPT I) activity. However, SSO treatment did inhibit palmitoylcarnitine oxidation by 92% (P < 0.001), suggesting that FAT/CD36 may be playing a role downstream of CPT I activity, possibly in the transfer of palmitoylcarnitine from CPT I to carnitine-acylcarnitine translocase. These data provide new insight regarding human skeletal muscle mitochondrial fatty acid (FA) transport, and suggest that FAT/CD36 could be involved in the cellular and mitochondrial adaptations resulting in improved and/or impaired states of FA oxidation.

North Korean human rights and the international community: responding to the UN Commission of Inquiry

Of all the difficult conversations to have with the Democratic People’s Republic of Korea (DPRK) regime, the one over human rights has proven the most troubling for the international community. Once human rights issues are placed on the table, diplomatic efforts become quickly de-railed. Because of this, and because issues such as non-proliferation are seen as more pressing than human rights, there has been a conspicuous absence of any official, systematic response to the question of human rights violations in North Korea. Of course, most human rights campaigns experience some amount of politicisation. This is unsurprising, given the deeply political nature of the very concept of human rights. The North Korean human rights issue, however, suffers from this phenomenon more than most, tied up as it is with wider ideological battles that hark back to the circumstances of the division of the Korean peninsula. In this context, the 2014 report delivered by the United Nations (UN) Commission of Inquiry (COI) into North Korean human rights represents an effort to move above and beyond the politicisation of the issue and was largely successful in this regard.

How does the cookie crumble? legal costs under a uniform interpretation of the United Nations Convention on Contracts for the International Sale of Goods

A family owned Mexican company, Zapata Hermanos Sucesores, S.A. ("Zapata"), sold approximately US$950,000 worth of cookie tins over a period of four years to the Maurice Lenell Cooky Company ("Lenell"), an American company that produced baked goods. Lenell failed to pay Zapata for the cookie tins so Zapata sought legal advice and instituted legal proceedings against Lenell for breach of contract in the Federal District Court of Illinios. The cookie tin sale contracts were governed by the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Zapata succeeded in its Federal District Court claim and, as part of the Court's order, was awarded US$550,000 as foreseeable loss under Article 74 of the CISG, being the amount of legal fees incurred by Zapata in bringing proceedings against Lenell. On appeal to the Federal Appellate Court, however, the award of legal fees was overturned. The parties now find themselves contesting a leave application to appeal to the Supreme Court of the United States of America in a much anticipated debate over who should pay the lawyers.

Can international human rights law accommodate bodily diversity?

This article considers recent efforts by international bodies and advocacy groups to secure the human rights of individuals with intersex variation. Identifying that these efforts are constrained by powerful assumptions about binary sex, it argues that international rights discourse looks set to regulate intersex individuals by the same protective strategies applied to the last four decades of the women's rights movement. A frank reading of legal feminist scholarship indicates several possible risks for the nascent intersex campaign. Efforts to ensure the substantive enjoyment of rights (for all) need to move beyond the constraints of a binary system in which women and sexed/sexual minorities will always be produced as other. Having argued that human rights are not contingent on biological determinants, the right to non-discrimination on the basis of sex traits is considered.

Mental health and human rights: the MI Principles - turning rhetoric into action

The purpose of this paper is to describe and explain General Assembly Resolution 46/119 United Nations Principles for the Protection of Persons with Mental Illness and for the Improvement for Mental Health Care and situate them in the current examination of mental health and human rights issues. The paper will provide country examples of human rights standards in mental healthcare, will exemplify some of the failures to use the MI Principles and comment on why this has occurred. The paper will also discuss the 'Principles to Respect': Initiative on Mental Health and Human Rights, a practical strategy to address the human rights standards of persons with mental illness.

Human rights in Papua New Guinea: is this where we should be settling refugees?

Australia has had a long, and at times tumultuous, relationship with our nearest neighbour, Papua New Guinea. This relationship took a twist in late 2012, with the re-opening of the off-shore processing centre on Manus Island, and again in February 2014, when Iranian asylum seeker Reza Berati was murdered by locals during a violent disturbance at the centre. The latest test of the strength and endurance of the relationship between PNG and Australia came in April 2016, when the PNG Supreme Court ruled that the detention of asylum seekers on Manus Island breached the right to personal liberty in the PNG constitution. This article provides much-needed insight into the human rights situation in PNG, and makes recommendations regarding the prospect of resettling refugees in that country.

Women's human rights and the Muslim question : Iran's one million signatures campaign

Women's Human Rights and the Muslim Question shows how Muslim women have made meaningful contributions to the development of the international framework on gender equality and women's rights. An investigation into the women's movement of Iran offers a practical grounding for this argument, and presents unprecedented findings on how ideological divisions along secular and religious lines have been worked in favour of a rights-based framework for change.The book presents a comprehensive synthesis and analysis of the campaign material of the women's movement 'Change for Equality Campaign'—one of the most progressive and sophisticated movements in the Middle East/Central Asia.

Secrecy and human rights abuse in Australia’s offshore immigration detention centres

All asylum seekers who arrive in Australia’s territorial waters by boat are subject to mandatory, indefinite and unreviewable detention on Nauru and Papua New Guinea. This offshore detention regime is characterised by a high degree of secrecy, low levels of transparency and accountability, and few opportunities for external oversight. This has created a closed, controlled environment, in which people are routinely neglected and harmed. To better understand the human impact of Australia’s offshore detention regime, this article draws on research from social psychology regarding human behaviour in closed institutions. This research – which has substantially informed prison policies throughout the Western world – demonstrates the critical importance of external oversight, openness and transparency for the protection of human rights of people in closed institutions. This knowledge has not been applied to Australia’s offshore immigration detention regime. To the contrary: creating a closed, opaque system of detention has been an explicit policy goal of the Australian government. By actively restricting transparency, this research demonstrates that not only are the abuses of detainees’ human rights hidden from the public eye, they are inevitable.

World heritage management and human rights

This book focuses on the balance between protecting human rights and protecting world heritage sites. It concerns itself with the idea that the management of heritage properties worldwide may fail to adequately respect traditional entitlements and rights of individuals and communities living within or being affected by changes in the use of these spaces. It also explores the concept that the international heritage field has limited knowledge and awareness of this challenge.

Foreign fighters, human rights and self-determination in Syria and Iraq: decoding the humanitarian impact of foreign fighters in practice

Foreign fighters have become inextricably linked to perceptions of human rights abuses in the Syria and Iraq wars, particularly since the Islamic State group founded its caliphate. This paper explores the human rights impact of foreign fighters in the conflicts, noting that while foreign fighters have been involved in grave human rights abuses, such behavior has not been uniform and must be differentiated by group and role. In this regard, it is argued that while foreign fighters have overwhelmingly had a negative impact on most human rights indicators, fighters in some groups have positively impacted the Right to Self-Determination. Further, the paper notes that while foreign fighters have been large-scale perpetrators of human rights abuses, one must also consider the propaganda value of such acts because foreign fighter-led violence is more newsworthy globally than local-led violence.