Browsing by Subject "LEGAL"

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  • Cambou, Dorothée Céline (2020)
    In 2009, the Act on Greenland Self-Government was adopted. It recognises that "the people of Greenland is a people pursuant to international law with the right of self-determination". Within this framework, the people of Greenland have gained significant control over their own affairs and the right to access to independence. Yet, the extent to which this framework ensures the right of self-determination in accordance with fundamental human rights can still be questioned. From a human rights perspective, the right of self-determination is not a one-time right. It is fundamental human right that applies in different contexts beyond decolonisation and which has implications not only for colonial countries and peoples but also for the population of all territories, including indigenous and minority groups. From this perspective, this contribution seeks to disentangle and analyse the different facets of self-determination in Greenland while considering the implications of the right based on the multifarious identity of the peoples living in the country as colonial people, citizens, indigenous and minority groups, including their claim to control mining resources.
  • Zumbach, Jelena; Brubacher, Sonja P. P.; Davis, Frank; de Ruiter, Corine; Ireland, Jane L. L.; McNamara, Kathleen; October, Martta; Saini, Michael; Volbert, Renate; Laajasalo, Taina (2022)
    Little knowledge exists on how evaluators in child custody and child maltreatment cases are informed by guidelines, the kinds of qualifications required and the types of training provided in different countries. The purpose of this paper is to provide an international preliminary comparison on how child custody and child maltreatment risk assessments are conducted in selected Western countries, and how the assessments are informed by best practice guidelines. Another aim is to increase knowledge on how the guidelines and best-practice standards could be developed further to reflect recent research findings. A total number of 18 guidelines were included in the analyses: four from Canada, five from the United States, three from the United Kingdom, three from the Netherlands, two from Finland, and one from Germany. We conducted a content analysis of the included guidelines in the database, focusing on how the guidelines address the best interest of the child criteria, guidelines for conducting the assessments, considerations for evaluative criteria, and specific guidance for conducting specific assessment procedures (e.g., interviews and observations). Findings show that the qualifications of and training provided to evaluators in child custody and child maltreatment risk evaluations are largely heterogeneous across the countries represented. Guidelines differ in whether and how they highlight the importance of evidence-based practices and scientifically validated assessment measures. Implications are drawn from the review and contextualized by international expert authors in the fields of forensic psychology, and family law. After the content analysis, discussion sessions within the expert group were held. The authors provide both commentaries and suggestions to improve the development of standard methods for conducting both child custody and child maltreatment risk evaluations and to consider a more transparent and judicious use of social science research to guide methods and the recommendations offered within these assessments.
  • Taipale, Jaakko (2019)
    This article investigates how civil court judges practice meta-expertise in cases that feature contradictory and inconclusive medical expertise. The empirical case study consists of a sample of eleven Helsinki district court verdicts from 2014–2017, drawn from a larger number of similar traffic insurance compensation cases. The case-type features a medical controversy concerning traumatic brain injury (TBI) diagnostics. I contend that the difficulties judges face in evaluating the medical expertise result from epistemic asymmetries between legal and medical professionals. This study highlights the importance of explaining and understanding how judges overcome uncertainty and discriminate between expert positions. Drawing from earlier studies on meta-expertise and judges’ practice of evaluating expertise in court, I introduce the concept ‘socio-technical review’ to describe judges’ practice of facilitating highly technical and esoteric scientific expertise to needs of judicial decision making. I argue that socio-technical review is a special form of practicing meta-expertise, which effectively allows meta-experts to manage epistemic asymmetries. In examining how meta-expertise is practiced in the TBI case-type, the paper contributes to general sociological understanding of decision-making under uncertainty and suggests further studies in comparable settings.
  • Kalokairinou, L.; Howard, H. C.; Slokenberga, S.; Fisher, E.; Flatscher-Thoeni, M.; Hartlev, M.; van Hellemondt, R.; Juskevicius, J.; Kapelenska-Pregowska, J.; Kovac, P.; Lovrecic, L.; Nys, H.; de Paor, A.; Phillips, A.; Prudil, L.; Rial-Sebbag, E.; Romeo Casabona, C. M.; Sandor, J.; Schuster, A.; Soini, S.; Sovig, K. H.; Stoffel, D.; Titma, T.; Trokanas, T.; Borry, P. (2018)
    Despite the increasing availability of direct-to-c onsumer (DTC)genetic testing, it is currently unclear how such services are regulated in Europe, due to the lack of EU or national legislation specifically addressing this issue. In this article, we provide an overview of laws that could potentially impact the regulation of DTC genetic testing in 26 European countries, namely Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the Netherlands and the United Kingdom. Emphasis is placed on provisions relating to medical supervision, genetic counselling and informed consent. Our results indicate that currently there is a wide spectrum of laws regarding genetic testing in Europe. There are countries (e.g. France and Germany) which essentially ban DTC genetic testing, while in others (e.g. Luxembourg and Poland) DTC genetic testing may only be restricted by general laws, usually regarding health care services and patients' rights.
  • Urinboyev, Rustam (University of California Press, 2021)
    While migration has become an all-important topic of discussion around the globe, mainstream literature on migrants' legal adaptation and integration has focused on case studies of immigrant communities in Western-style democracies. We know relatively little about how migrants adapt to a new legal environment in the ever-growing hybrid political regimes that are neither clearly democratic nor conventionally authoritarian. This book takes up the case of Russia—an archetypal hybrid political regime and the third largest recipients of migrants worldwide—and investigates how Central Asian migrant workers produce new forms of informal governance and legal order. Migrants use the opportunities provided by a weak rule-of-law and a corrupt political system to navigate the repressive legal landscape and to negotiate—using informal channels—access to employment and other opportunities that are hard to obtain through the official legal framework of their host country. This lively ethnography presents new theoretical perspectives for studying immigrant legal incorporation in similar political contexts.
  • Poikolainen, Kari (2021)
    Purpose The purpose of this paper is to investigate to what degree scientific evidence supports contemporary paternalistic alcohol policy practices targeting fully competent adults. Design/methodology/approach Paternalism may be acceptable if it is effective, fair and protects the safety of the citizen or a third party from the harms caused by the citizen's autonomic actions. To be justifiable, paternalistic actions should bring about clearly more benefits than harms. Otherwise, autonomy should prevail. The evidence related to alcohol control policies is assessed against these principles. Findings In peaceful civilized societies, alcohol control policies (high prices, restrictions on supply and marketing) have no or only insignificant effectiveness. Some policies are unfair and may bring about more harms than benefits. There is strong evidence showing that brief interventions aiming to reduce alcohol intake are inefficient. Wide-scale screening for such interventions is likely to waste health service resources. There is sufficient evidence to refute the claim that the previously mentioned policies are effective measures to reduce alcohol-related harms. Heavy alcohol use during pregnancy and driving motor vehicles while intoxicated may bring about harm to others than the user. Behavioural interventions to reduce heavy use in pregnancy have been shown to be inefficient. Light alcohol use may have no harmful effect on the developing embryo, whereas heavy use is likely to cause harm. There is moderate evidence for enforcing legal blood alcohol concentration limits to reduce traffic accidents and fatalities. Originality/value This is the first review on the acceptability of paternalism in currently recommended alcohol policies. It shows that in only a few cases, paternalism is effective and compatible with freedom and fairness.