The public health systems of liberal states systematically fail to meet the goals and obligations of the Convention on the Rights of Persons with Disabilities, which aims to facilitate full societal participation and independent life choices by all impaired persons, as well as the unburdening of their private caretakers. This failure does not stem from a lack of money or effort by governments and other societal institutions, but flaws in the anatomy of these systems. As these systems confine institutional assistance to the needs of persons with certain delineated disabilities, they neglect the needs of other persons, whose disabilities do not fit this mould. The responsibility for the latter group thus falls to their immediate social circle. These private caretakers are in turn seldom supported. To remedy this situation, I will present the alternative paradigm of vulnerability theory as the possible foundation for a more inclusive approach to public health. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering Pre-publications 2021 |
Trefwoorden | Vulerability Theory, Liberalism, Convention on the Rights of Persons with Disabilities (CRPD), Public Health, Capabilities Approach |
Auteurs | Erwin Dijkstra |
SamenvattingAuteursinformatie |
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Pracademia: a personal account of a mediation clinic and its development |
Tijdschrift | Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 3 2021 |
Trefwoorden | mediation clinic, students, practicing, Circle of engagement, Susskind |
Auteurs | Charlie Irvine |
SamenvattingAuteursinformatie |
This article tells the story of University of Strathclyde Mediation Clinic through the eyes of its founder. Taking its first case in 2012, by the start of 2021 it will be providing a free mediation service in 16 of Scotland’s 39 sheriff courts, covering more than half the country’s population. Yet it started with no plan, no budget and a few volunteers. The article makes the case that mediation clinics, like mediation itself, call for improvisation, coining the term ‘pracademia’ to describe how such clinics straddle the two worlds of practice and theory. |
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Tijdschrift | Erasmus Law Review, Aflevering 2 2021 |
Trefwoorden | Habeas corpus, common law, detainee, Consitution, liberty |
Auteurs | Chuks Okpaluba en Anthony Nwafor |
SamenvattingAuteursinformatie |
Long before the coming of the Bill of Rights in written Constitutions, the common law has had the greatest regard for the personal liberty of the individual. In order to safeguard that liberty, the remedy of habeas corpus was always available to persons deprived of their liberty unlawfully. This ancient writ has been incorporated into the modern Constitution as a fundamental right and enforceable as other rights protected by virtue of their entrenchment in those Constitutions. This article aims to bring together the various understanding of habeas corpus at common law and the principles governing the writ in common law jurisdictions. The discussion is approached through a twelve-point construct thus providing a brief conspectus of the subject matter, such that one could have a better understanding of the subject as applied in most common law jurisdictions. |