scholarly journals Is Genetic Discrimination Back on the Radar? A Commentary on the Recent Court of Appeal Reference Decision on the Genetic Non-Discrimination Act (GNDA)

2019 ◽  
Vol 2 (2) ◽  
pp. 94-96
Author(s):  
Yann Joly ◽  
Gratien Dalpé ◽  
Miriam Pinkesz

In this commentary, we critically review the Quebec Court of Appeal’s reference decision to the effect that the Genetic Non-Discrimination Act (GNDA) is unconstitutional. In sum, the court held that the federal government exceeded its criminal law power through the GNDA, as the Act did not have a valid criminal law purpose. The decision was met with opposition, as advocacy groups for Canadians suffering from genetic diseases or genetic predispositions viewed the GNDA as a step in the right direction and were hopeful that it would offer protection from genetic discrimination. In closing, we argue that the consequences of the Court of Appeal’s opinion will be less dire than anticipated by some advocacy groups. In fact, we suggest that this decision brings about a unique opportunity for progress, where stakeholders can engage the public and policymakers in a forward- looking debate on the use of genetic information.

2021 ◽  
pp. 220-236
Author(s):  
Jennifer Hochschild

There is no most-compelling approach for governing genomics technologies, There are several possibilities: Governance may be top-down from experts to the public; it may be sideways, through advocacy groups for particular issues; or it may be bottom-up, resulting from an incident or political framing that engages the public. It may, alternatively, not occur much at all, or be dispersed across many separate arena. Many experts see particular genomics arenas as distinct and requiring separate governance structures, while the public mostly sees its possibilities and risks as a unified whole. A further complication is that residents of each quadrant typically prefer different governance structures, although Enthusiasts and the Hopeful, and (separately) Skeptics and Rejecters, agree more than other pairings. Author Jennifer Hochschild explains why she fits more into the Enthusiasm cell than the others. She reasons that excessive caution about what might go wrong makes innovations in societal and individual benefits difficult to achieve, that genomic scientists are ethically sophisticated and capable of learning to mitigate problems, and that concern about risks tends to be abstract and focused on possibilities, whereas benefits tend to be concrete and demonstrable. Nonetheless, however governance moves forward, it will need to monitor possibilities for racial, class, or genetic discrimination.


Author(s):  
Basri Mulyani

This article aims to examine the case of the distribution of clothing and food packages phase II in East Lombok Regency, or better known as Eid packages in terms of the legal considerations of the judge's decision. The point of policy confusion in state administrative law with criminal law or better known as administrative corruption. Government officials who must implement the policy, when the program is running, must deal with the criminalization of the policies that it implements. Based on these issues it is interesting to discuss related to the legal considerations of the judge's decision to release the accused and whether all government officials have the right to discretion in carrying out their positions. The research method used is a descriptive normative method, with a statutory approach, a conceptual approach and a case approach. The results of the discussion revealed that criminal law is used carefully and operationalized truly as the last drug (ultimum remedium) and not necessarily used as the main drug (primum remedium) so that government officials are no longer afraid to carry out work in the public interest and community welfare.


Author(s):  
T. S. Medvedeva ◽  
V. E. Kazakova

The paper considers the metaphorical models as a way of conceptual-metaphorical representation of migration policies pursued by the German federal government in the texts of official statements of the right-wing opposition party “Alternative for Germany” (AfD). The study aims at analyzing the functioning of conceptual metaphors in the German political discourse focused on migration processes. The study is based on the texts of AfD’s official statements within the 2016th and the 2019th years posted on the website https://www.afd.de/ The overall number of the analyzed texts is 70. The theory of political metaphor is currently one of the most urgent and dynamic fields of linguistics. In our opinion, the metaphorization of migration processes is understudied and needs addressing the topic. As a result of the research, the conclusion is made that the metaphor serves as one of the most important and effective ways of manipulation aimed at controlling the public awareness and contributing to shaping political viewpoints that benefit the addresser. Throughout the study we analyzed the basic metaphorical models used to describe migration processes in Germany; a classification of predominant metaphors based on the sources of metaphorical expansion was worked out. Besides, we tried to trace the dynamics of using the metaphorical models within the four-year period. In 2016 as well as in 2019 nature-morphic, anthropomorphic, sociomorphic models were widely used in the official statements of the AfD party. However, the number of the metaphors in the texts dated 2016 is half as much as in 2019 (184 versus 120). In both periods of time the sociomorphic model proved to be the most popular but it is much more frequent in 2019. However, in the texts dated 2016 it comprises additional concepts of religion and hospitality. The nature-morphic metaphor is twice more frequent in 2016. The percent of anthropomorphic and cognitive metaphors in both periods of time remains unaltered.


Author(s):  
Darina Viktorovna Kocheva

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.


Author(s):  
M. Zadorozhna

Problem setting. In democracies, the inherent right of citizens is the right to be informed about the policy pursued by the state, including not only the publicity and openness of government, but also the right to communicate public opinion on socially important issues to the government. The need for theoretical generalization and systematization of ideas about the content, structure, functions, internal logic of procedures and mechanisms of formation and implementation of regulatory principles of legal consciousness is becoming increasingly obvious. In other words, in terms of modern comprehensive research in the field of philosophy of law and a number of other branches of theoretical jurisprudence, the issue of not just harmonization and unification of such ideas, but the scientific development of a holistic theory of genesis and functioning of legal consciousness gains relevance. Despite the rather wide range of conceptual positions on the possibilities and areas of constructing such a theory, there is an approach based on studies of the primary, ontological, mentally structured foundations of legal consciousness. Resent research and publications analisys. Researcher of the system approach to processes in nature and society Yu. Bilodid characterizes the system as a set of qualitatively defined elements, having a natural connection or interaction between them. He is convinced that any self-organizing system for a certain purpose tums on reactivity (stabilization) and adaptation (dynamics), as well as a feedback channel, including a damper channel of negative feedback. Highlighting previously unsettled parts of the general problem. In Ukraine, the state of legal consciousness in public administration has been studied by Viacheslav Omelzov, who emphasized the monitoring of the state of public consciousness as a tool for information support of public administration. Paper main body. Legal consciousness and legal culture do not arise spontaneously and are not birth inherent, but it rather results from the process of socialization of the individual. Legal socialization of a minor involves the inclusion in his/her value normative system those values ​​that are protected by law, the mastery of lawful behavior, the formation of a sense of social responsibility and solidarity with the law. Thus, the legal socialization of adolescents is associated with the acquisition of social values, the creation of a special system of legal ideas and skills of law enforcement behavior, the formation of legal consciousness. Also, legal socialization is inextricably linked with the moral formation of personality. Having law as a tool, the state seeks to establish progressive moral norms, fights against injustice, evil and vices in the minds of citizens, the entire population. In turn, morality affects the legal life of society, the development of law, thus contributing to the strengthening of public order. Conclusions of the research and prospects for further studies. Feedback as a kind of regulator of power performs the functions of control, advice, and prescription. The very fulfillment of the wishes of the public is a guarantee that the authoritarian influence on the public consciousness will not be a manipulation, but the actualization of abilities and capabilities of each citizen, the awakening of the humanistic potential of the public consciousness. So, morality and law are interrelated forms of regulation of human behavior in a given society. The law is part of social norms, i.e. the norms regulating relations between people and their organizations (public formations and associations). All social norms, depending on their role and place in the system of social regulation, are split into legal (or judicial), moral, religious, corporate, political norms, aesthetics, customs and traditions. Thus, the interaction of the elements of the mechanism of criminal law regulation at its various levels is a complex and contradictory matter. Indeed, the criminal law regulation takes place in different regimes, which are determined by the balance formed at one stage or another between certain parts of its mechanism. Further research prospects may include the selection of relevant tools to study the state of public consciousness to identify ways to raise it, the organization of such monitoring centers to study changes in legal consciousness, their causes and consequences.


2015 ◽  
Vol 53 (3) ◽  
pp. 211-227 ◽  
Author(s):  
Monique L. Lyle ◽  
Stacy Clifford Simplican

Abstract Part of the motivation for encouraging elite stakeholders—like governments, professionals, and advocacy groups—to replace the language of “mental retardation” with “intellectual disability” (ID) is the belief that elite endorsement could undermine negative attitudes and influence the public to follow suit. We examine the veracity of this expectation empirically with an experiment that exposed individuals to information about endorsements of the terminology change made by the federal government, Special Olympics, or professional psychologists. We subsequently measured attitudes about persons with ID and the language used to describe ID. Results indicate that exposure to information about elite endorsement of the terminological shift either exacerbated negative attitudes or had no effect, suggesting that other factors may have primacy over “expert” opinion.


LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 86
Author(s):  
Nur Cahya Dian Sahputra Dan Syamsul Bahri

In order to complete studies at the University of Law Faculty of August 17, 1945 Samarinda, one of the tasks that must be completed is scientific writing, this imiah writing is entitled: "Juridical Review of the Fall of the Right to Prosecute under the Criminal Law Act". This scientific research method uses normative juridies.The violation of the right to sue is regulated in Chapter VII of the Criminal Code, while the violation of the right to sue is regulated in the Criminal Code, namely:The principle of "Ne bis in idem" (Article 76 of the Criminal Code).Death of the perpetrator (Article 77 of the Criminal Code).Expiry (Article 78 of the Criminal Code).Settlement of cases outside court trials (Article 82 of the Criminal Code).Amnesty and Abolition from the President (Article 14 of the 1945 Constitution).There are no complaints on complaints offenses.This provision contained in the Criminal Code is to provide legal certainty for the community specifically the perpetrators of criminal acts. Provisions for the cancellation of the right to sue are the duties and functions of the Attorney General's Office of the Republic of Indonesia based on Law 16 of 2004.The fall of the right to sue is caused by: 1) natural causes, 2) causes of human actions, and 3) legal causes It is hoped that the rules on the cancellation of the right to sue can be further emphasized in the new draft Law on Criminal Law (RKUHP) to provide legal certainty to the public. Likewise, cases of minor criminal acts (tipiring) should be resolved outside the court to avoid the accumulation of cases in court and the excess capacity of State Detention Centers or Penitentiaries.


2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Tom Hickman

WHEN, the European Court of Human Rights decided in Osman v. UK [1999] 1 F.L.R. 193 that striking out a claim in negligence (in Osman v. Ferguson [1993] 4 All E.R. 344) against the police, for failing to prevent a disturbed teacher injuring a pupil and killing the pupil’s father, amounted to a breach of Article 6 of the European Convention, many domestic lawyers felt that human rights law had gone too far. Article 6 protects the right to a fair and public hearing in the determination of one’s civil rights. The ECtHR did not say that the hearing had not been fair, but that it had not really been a hearing at all. By so deciding, the ECtHR subjected the public policy considerations that had been relied on by the Court of Appeal to strike out the claim to the requirements of legitimacy and necessity which have to be satisfied to justify an interference with Article 6.


2021 ◽  
Vol 11 (1) ◽  
pp. 396-410
Author(s):  
Muhammad Afzal ◽  
Muhammad Khubaib

Islam holds the balance of justice in the right manner and insists on examining all the conditions and circumstances associated with the offence because Islam is the most natural way of life on account of its suitability, sustainability and flexibility towards human nature. No other legal system in the world has been created for the public interest, the way the Islamic law has been created. This paper focuses upon the flexibility in the implementation of Islamic criminal law (Hudood) in modern society. Islam has made laws that aim to eliminate the causes of crime and not to antagonize the criminal. Sharia imposes preventive punishments which may appear cruel or rough if gazed at without proper consideration. But if contemplated closely, Islam does not execute such punishments unless it discovers that the crime was not justifiable or that the criminal was not acting under any obligation or certain circumstances. The Holy Prophet (SAW) was very careful in the establishment of Hudood because not all crimes were of the same nature and therefore, the same punishments could not be enforced for them. Hence, while applying punishments to crimes; the Holy Prophet (SAW) took into consideration the nationality, personal situations, financial stature and status of the criminal. Thus the Hudood of Allah would be established and the criminal would still have a path to correct him/her and seek forgiveness.


Author(s):  
Dragan Jovašević ◽  
Marina Simović

In a criminal (criminal and misdemeanor) law the right to deprivation of liberty of movement of another person - a perpetrator of a criminal offense - based on a decision of the court for a specified period of time is a type of criminal sanction of institutional character (whether it is punishment, security measure or educational measure). However, criminal law knows the so-called special forms of law-based deprivations of liberty, which do not represent the type and measure of criminal sanctions. These are, in fact, forms of deprivation of liberty that represent the substitute for the other previously imposed, entirely or partly, unpaid penalties - fine, driving license revocation or work in the public interest. This Paper deals with the concept, type and characteristics of the subsidiary imprisonment in positive criminal law of the Republic of Serbia.


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