Legal Responses to HIV and AIDs - by James Chalmers

Book review: The Division of Wrongs: A Historical Comparative Study, by eric descheemaeker. Oxford: Oxford University Press, 2009.

Evaluating health policy and legal responses : how to reduce barriers and improve access to orphan drugs for rare diseases in Canada

Abstract : Rare diseases are debilitating conditions often leading to severe clinical manifestations for affected patients. Orphan drugs have been developed to treat these rare diseases affecting a small number of individuals. Incentives in the legal framework aimed to recoup the research and development cost of orphan drugs for pharmaceutical companies have been implemented in the United States and the European Union. At the present time, Canada is still lacking a legal and policy framework for orphan drugs. Several problems at the federal and provincial levels remain: lack of research funds for rare diseases, discrepancies on orphan drug policies between provinces, difficulties to access and reimburse these high price drugs. Recommendations and measures are proposed, such as a pan-Canadian (national) scientific committee to establish evidence-based guidelines for patients to access orphan drugs uniformly in all provinces with a disease specific registry, a formal agreement for a centralized Canadian public funding reimbursement procedure, and increasing the role of “guardian” for prices by the Patented Medicines Review Board in Canada. These recommendations and measures will be beneficial for the implementation of a policy framework for orphan drugs in Canada.

Reflecting on ethical and legal issues in wildlife disease

Disease in wildlife raises a number of issues that have not been widely considered in the bioethical literature. However, wildlife disease has major implications for human welfare. The majority of emerging human infectious diseases are zoonotic: that is, they occur in humans by cross-species transmission from animal hosts. Managing these diseases often involves balancing concerns with human health against animal welfare and conservation concerns. Many infectious diseases of domestic animals are shared with wild animals, although it is often unclear whether the infection spills over from wild animals to domestic animals or vice versa. Culling is the standard means of managing such diseases, bringing economic considerations, animal welfare and conservation into conflict. Infectious diseases are also major threatening processes in conservation biology and their appropriate management by culling, vaccination or treatment raises substantial animal ethics issues. One particular issue of great significance in Australia is an ongoing research program to develop genetically modified pathogens to control vertebrate pests including rabbits, foxes and house mice. Release of any self-replicating GMO vertebrate pathogen gives rise to a whole series of ethical questions. We briefly review current Australian legal responses to these problems. Finally, we present two unresolved problems of general importance that are exemplified by wildlife disease. First, to what extent can or should 'bioethics' be broadened beyond direct concerns with human welfare to animal welfare and environmental welfare? Second, how should the irreducible uncertainty of ecological systems be accounted for in ethical decision making?

Surrogacy under Indian Legal System: Legal and Human Rights Concerns

The advancements in medical science and technology have proved to be a boon to mankind. At the same time they have raised numerous challenges before the legal systems of the world. One such advancement is that of assisted human reproductive technologies and particularly surrogacy, which have given a new meaning to the concept of procreation. These technologies have made it possible for individuals to beget a genetically related child with the help of a third party and without sexual intercourse. Among all the assisted human reproductive technologies, the practice of surrogacy, in which women agree to have their bodies used to undergo a pregnancy and give birth to a baby for another, has raised various legal and human right controversies and diverse legal responses all over the world. India has particularly become a top destination for individuals who wish to beget a child through surrogacy and hence it is imperative for the Indian government to address the challenges posed by surrogacy. This study is an attempt to examine the need and importance of surrogacy practices and the conflicting legal and human rights issues raised by surrogacy in contemporary times. It also examines the adequacy of existing legal framework in India and attempts to provide pragmatic solutions for regulating surrogacy and protecting the interests of various stakeholders involved in surrogacy.

Till försvar av de mänskliga rättigheterna för offren av prostitutionsrelaterad människohandel

Kirjallisuusarvostelu

La situation et la prise en charge des adolescents suivis parallèlement en vertu de la LPJ et la LSJPA.

Rapport de stage présenté à la Faculté des études supérieures en vue de l’obtention du grade de Maître ès sciences (M. Sc.) en criminologie

Entre la gobernanza social e institucional: Una mirada al fenómeno de la trata de personas en Colombia en el período entre 2000 y 2012

La presente monografía tiene por objetivo identificar la influencia de las acciones emprendidas por la sociedad civil y las organizaciones internacionales frente a la problemática de la trata de personas en Colombia, durante el período comprendido entre los años 2000 y 2012. En este sentido, la investigación constituye un esfuerzo por develar las transformaciones en las narrativas institucionales que han posibilitado el reconocimiento de los elementos de prevención y centralidad de las víctimas, como ejes articuladores del discurso gubernamental frente a la trata de personas. Para ello, se hace uso de la teoría de la gobernanza global enmarcada en el enfoque constructivista de las Relaciones Internacionales, en tanto permite establecer una relación entre las acciones de los diferentes actores y el impacto de estas en la construcción de estrategias nacionales para hacer frente a problemáticas que, como la trata de personas, se encuentran en estrecha relación con el mundo globalizado.

Workers with elderly dependants: employment law’s response to the latest care-giving conundrum

This paper considers how employment laws are being used in response to what we have termed ‘the eldercare/workplace conundrum’. It is well known that people are now living longer but health is still failing in a significant percentage of older people, meaning that many adults require care for longer, albeit to varying degrees and for varying amounts of time. Many of these individuals will receive care from relatives or close friends who are participating in the labour market: this is increasingly likely as adults are expected / wanting to remain in paid work for longer, often into their 60s and 70s. The requirements of elderly dependants can cause these workers huge difficulties and dilemmas as they attempt, across time, to accommodate the particular needs of the person for whom they wish to provide care, often a loved one, and meet the particular demands of their employment relationship. In this paper we consider why this is an area of social policy that warrants effective legal engagement and consider, drawing on various examples of legal responses in other countries that face similar conundrums, what might improve legal engagement in this area.

Bioética e biodireito: interfaces e confluências

This thesis addresses the development of technoscience in times of transnational globalization and highlights the vulnerability of the discourse of social progress, which may be replaced by evidence of social risk before the artificiality of nature and humanity. That demands an ethical and legal responses to events that impose the necessity of an ethical control in biotechnology research involving human beings contributing to the rise of Bioethics and Biolaw as fields of knowledge. This theme is studied from a multidisciplinary perspective seeking a dynamic dimension in the interpretation of research data reconnecting Social Sciences to Legal Sciences (Biolaw) and to Philosophy (Bioethics), in order to obtain answers to the problems posed. The objective delimited is to examine the interfaces between Biolaw and Bioethics, in order to observe the confluence of these areas of knowledge. Biolaw is considered as a new legal branch derived from the paradigmatic transition of Law and wonders how it will stand before questions resulting of social transformations caused by biotechnological development that endangers humans and society. It is concluded that the relationship between Bioethics and Biolaw is recursive and inseparable and it contributed to the "unthink" of traditional legal model of linear view/reductionist allowing that the "certainties" will be replaced by "possibilities", which comes to enable Biolaw to confront the issues caused by the development of biotechnology that violates physically and morally the human person. It is perceived, therefore, that Biolaw is driven and aided by bioethical reflections and it positions itself before the dilemmas caused by biotechnology in creating, interpreting and applying coercive rules which aims to protect the human being, his offspring and society

The EU’s Response to the Refugee Crisis: Taking Stock and Setting Policy Priorities. CEPS Essay No. 20, 16 December 2015

What have been the most important EU policy and legal responses to the 2015 refugee crisis? Is Europe taking effectively responsibility in compliance with its founding principles? This Essay takes stock of the main results and policy outputs from the EU’s interventions in the refugee crisis. It critically highlights the outstanding policy dilemmas confronting the adopted instruments and puts forwards a set of policy priorities to guide the next phases of the European Agenda on Migration.

Insurgent Testimonies : Witnessing Colonial Trauma in Modern and Anglophone Literature /

This book examines testimony in the works of Rebecca West, Joseph Conrad, E.M. Forster, H.G. de Lisser, V.S Reid, and Ngũgi wa Thiong’o, and argues that disruptions to imperial and national power and the legal and legal responses they inspired shape the formal practices of modernist and Anglophone literature. This title was made Open Access by libraries from around the world through Knowledge Unlatched.

Violence against Women Policy and Practice in Uganda - Promoting Justice within the Context of Patriarchy

The goal of this study was to understand how and whether policy and practice relating to violence against women in Uganda, especially Uganda’s Domestic Violence Act of 2010, have had an effect on women’s beliefs and practices, as well as on support and justice for women who experience abuse by their male partners. Research used multi-sited ethnography at transnational, national, and local levels to understand the context that affects what policies are developed, how they are implemented, and how, and whether, women benefit from these. Ethnography within a local community situated global and national dynamics within the lives of women. Women who experience VAW within their intimate partnerships in Uganda confront a political economy that undermines their access to justice, even as a women’s rights agenda is working to develop and implement laws, policies, and interventions that promote gender equality and women’s empowerment. This dissertation provides insights into the daily struggles of women who try to utilize policy that challenges duty bearers, in part because it is a new law, but also because it conflicts with the structural patriarchy that is engrained in Ugandan society. Two explanatory models were developed. One explains factors relating to a woman’s decision to seek support or to report domestic violence. The second explains why women do and do not report DV. Among the findings is that a woman is most likely to report abuse under the following circumstances: 1) her own, or her children’s survival (physical or economic) is severely threatened; 2) she experiences severe physical abuse; or, 3) she needs financial support for her children. Research highlights three supportive factors for women who persist in reporting DV. These are: 1) the presence of an “advocate” or support 2) belief that reporting will be helpful; and, 3) lack of interest in returning to the relationship. This dissertation speaks to the role that anthropologists can play in a multi-disciplinary approach to a complex issue. This role is understanding – deeply and holistically; and, articulating knowledge generated locally that provides connections between what happens at global, national and local levels.

Governing algorithms in the big data era for balancing new digital rights - designing GDPR compliant and trustworthy XAI systems

This thesis investigates the legal, ethical, technical, and psychological issues of general data processing and artificial intelligence practices and the explainability of AI systems. It consists of two main parts. In the initial section, we provide a comprehensive overview of the big data processing ecosystem and the main challenges we face today. We then evaluate the GDPR’s data privacy framework in the European Union. The Trustworthy AI Framework proposed by the EU’s High-Level Expert Group on AI (AI HLEG) is examined in detail. The ethical principles for the foundation and realization of Trustworthy AI are analyzed along with the assessment list prepared by the AI HLEG. Then, we list the main big data challenges the European researchers and institutions identified and provide a literature review on the technical and organizational measures to address these challenges. A quantitative analysis is conducted on the identified big data challenges and the measures to address them, which leads to practical recommendations for better data processing and AI practices in the EU. In the subsequent part, we concentrate on the explainability of AI systems. We clarify the terminology and list the goals aimed at the explainability of AI systems. We identify the reasons for the explainability-accuracy trade-off and how we can address it. We conduct a comparative cognitive analysis between human reasoning and machine-generated explanations with the aim of understanding how explainable AI can contribute to human reasoning. We then focus on the technical and legal responses to remedy the explainability problem. In this part, GDPR’s right to explanation framework and safeguards are analyzed in-depth with their contribution to the realization of Trustworthy AI. Then, we analyze the explanation techniques applicable at different stages of machine learning and propose several recommendations in chronological order to develop GDPR-compliant and Trustworthy XAI systems.