National governments have adopted a variety of approaches to the protection of whistleblowers. This article refers to examples in Slovenia, the United Kingdom and the United States of America, and ongoing work in Ireland, the Netherlands and Serbia. It is not always clear what would count as success, but none of the existing laws appears to have wholly achieved its aims. The Council of Europe aims to establish some common ground in Europe by drafting a Recommendation which will establish principles on which Member States should draft laws and establish systems. This article considers the work done so far on the draft Recommendation, discusses some of the most important and problematic aspects, and suggests improvements. |
Agenda |
Congresagenda |
Tijdschrift | Justitiële verkenningen, Aflevering 7 2013 |
Artikel |
Principes van klokkenluiden: de benadering van de Raad van Europa |
Tijdschrift | Justitiële verkenningen, Aflevering 7 2013 |
Trefwoorden | Council of Europe, whistleblowing, legal improvements, Recommendation Council of Europe, basic principles of whistleblowing |
Auteurs | P. Stephenson en M. Levi |
SamenvattingAuteursinformatie |
Artikel |
Waarom komen minder vrouwelijke dan mannelijke arbeidsmigranten naar Nederland? |
Tijdschrift | Justitiële verkenningen, Aflevering 6 2013 |
Trefwoorden | labour migration, female labour migrants, gender patterns, labour migration policy, social network theory |
Auteurs | L.J.J. Wijkhuijs en R.P.W. Jennissen |
SamenvattingAuteursinformatie |
Since 1995 the influx of labour migrants in the Netherlands has increased steadily from over 10.000 in 1995 to around 47.000 in 2011. As a consequence, from 2007, searching a job is the main migration motive of non-Dutch immigrants to migrate to the Netherlands. On average, one third of all labour migrants were women. Explanations for the fact that a minority of the labour migrants coming to the Netherlands are women can be derived from the literature. Possible reasons are gender patterns (in the Netherlands and/or the countries of origin) and differences in the personal networks of men and women. In addition, the Dutch labour migration policy, and in particular the conditions applying to labour migrants (in terms of education and employment sector) as well as the restriction on the right of family members of labour migrants to work in the Netherlands, may limit the influx of female labour migrants. |
Artikel |
Langdurig extramuraal toezicht op zedendelinquenten |
Tijdschrift | Justitiële verkenningen, Aflevering 4 2013 |
Trefwoorden | community supervision, sex offenders, supervision legislation, electronic supervision, re-integration |
Auteurs | H.J.M. Schönberger |
SamenvattingAuteursinformatie |
The Dutch Ministry of Security and Justice intends to change legislation enabling long-term community supervision. Since it initially focused on sex offenders, the main focus of this article is on effectiveness of supervision programs and legislation for this group. Supervision programs that combine elements of control and treatment, guidance or social support are found to be the most effective in reducing reoffending. In addition, possible underlying mechanisms of effective supervision, such as social support, electronic supervision and treatment, are elaborated upon. Dutch initiatives are partially shaped by these elements, although up to this date their effects on reoffending have not yet been determined. The effects of legislation that enables supervision are more differentiated than expected, and their practical applicability is found to be crucial. In conclusion, aspects concerning (dynamic) risk assessment, balancing community and offender interests, and tailoring supervision to subgroups are discussed. Study results could be of use to further shape and refine upcoming legislation on long-term supervision. |
Nieuws |
Internetsites |
Tijdschrift | Justitiële verkenningen, Aflevering 4 2013 |
Artikel |
Zeven jaar na de Commissie Visser: een nieuw evenwicht? |
Tijdschrift | Justitiële verkenningen, Aflevering 4 2013 |
Trefwoorden | TBS order, mentally disordered offenders, Parliamentary Inquiry Commission, leave permit, forensic care institutions |
Auteurs | M.J.F. van der Wolf en L. Noyon |
SamenvattingAuteursinformatie |
Since 1988 the Dutch entrustment order for dangerous mentally disordered offenders (TBS) is organised around three basic principles: treatment, legal protection and social security. In 2006 the Parliamentary Inquiry Commission ‘Visser’ reviewed the TBS order and made seventeen recommendations. This article seeks to investigate to what extent the implementation of these recommendations contributed to developments like the increasing restraints on leave permits and a lengthened average stay. Since 2006 there has been a strong emphasis on security. For a balanced execution of the TBS order more attention is needed for treatment and legal protection. |
Artikel |
Verkorten van de tbs-verblijfsduur: een weg uit de crisis? |
Tijdschrift | Justitiële verkenningen, Aflevering 4 2013 |
Trefwoorden | forensic care budget cuts, TBS order, treatment time, risk society, risk analysis |
Auteurs | M.H. Nagtegaal |
SamenvattingAuteursinformatie |
The economic crisis in the Netherlands forces the Ministry of Security and Justice to cut expenses. In the forensic psychiatric sector, the main savings are expected from reducing the length of stay of forensic psychiatric patients (TBS-patients) in high security hospitals. Currently, over 70% of all TBS-patients do not reach the now set goal of successfully terminating their treatment program within eight years. The present article questions whether it is plausible that this goal will be reached. Research has shown that there are several possible measures that can be undertaken to reduce the length of stay. Examples of these are identifying subgroups of patients who take particularly long to complete their treatment and setting up interventions for those patients, reducing the focus on risks in society and in forensic practice, and the inclusion of protective factors in risk assessment. These factors may help in finding a way out of the crisis. |
Artikel |
Over behandeling, beleid en belangenstrijd in de forensische psychiatrie |
Tijdschrift | Justitiële verkenningen, Aflevering 4 2013 |
Auteurs | E. Bulten en J. Groeneweg |
SamenvattingAuteursinformatie |
Policies within forensic psychiatry can be characterized by the on-going search for balance between the interests of stakeholders. These interests vary in a lot of cases. The interest of society, the patient and the professional differs within a complex framework of political, ethical and juridical guidelines and scientific evidence. These differences are illustrated from a management’s point of view by describing the treatment issues in regard to forensic psychiatric inpatients with substance abuse disorders. Treatment policies on drug use during treatment balance between treatment guidelines and restrictive measures. These restrictions have to be adjusted to the necessary treatment programmes for developing new pro social lifestyles. The treatment policy on relapse and leave should balance between patient needs and the needs of society. The result of this interesting but also challenging and complex quest depends on the sensitivity of stakeholders for the interests of the others. |
Artikel |
Forensische zorg anno 2013 en de plek van de tbs daarbinnen |
Tijdschrift | Justitiële verkenningen, Aflevering 4 2013 |
Trefwoorden | forensic care system, TBS order, forensic care budget, treatment capacity, extramural forensic care |
Auteurs | A.A. van Gemmert en N.H. Tenneij |
SamenvattingAuteursinformatie |
The organization and execution of forensic care in the Netherlands has changed considerably over the last six years. In this paper the authors define forensic care as all mental health care for adults under the criminal law, including care for the intellectual disabled, and addiction care. Before 2007 the Ministry of Security and Justice sole responsibility was the financing and execution of the measure detention under a hospital order (the so-called TBS-measure). All other forms of forensic care were then provided under the responsibility of the Ministry of Health, Welfare and Sports. Nowadays, the Ministry of Security and Justice is responsible for all forensic care. The main reasons for this change were the increase observed in the number of patients detained under a hospital order and an increase in the length of stay necessary for the successful completion of the treatment, which resulted in an overload of the TBS-system, an observed lack of care possibilities for the detained, and a lack of transition between forensic and regular care. |
Artikel |
De politiefunctionaris en het risico op PTSSEen terechte zorg of medicalisering van een beroepsgroep? |
Tijdschrift | Justitiële verkenningen, Aflevering 3 2013 |
Trefwoorden | police officers, Post Traumatic Stress Disorder (PTSD), psychosocial problems, medicalization |
Auteurs | M.J.J. Kunst |
SamenvattingAuteursinformatie |
Several policy measures have recently been undertaken to enhance resilience in Dutch police officers. The author of this article argues that these initiatives rely on false beliefs about the stressful nature of police work. Police officers are often exposed to traumatic or otherwise stressful events, but this does not necessarily render them at an increased risk of post-traumatic stress disorder (PTSD) and other (trauma-related) psychosocial problems. After a discussion of empirical studies which support his view, he speculates that these false beliefs are grounded in the Western tendency to qualify stressful events as (potentially) traumatic. This tendency to medicalize stressful events is reflected both in the history of the diagnostic criteria for PTSD in the Diagnostic and Statistical Manual of Mental Disorders and the empirical literature. The author concludes with pointing out a potential negative by-effect of this medicalization tendency: simulating PTSD (symptoms) for external motives, such as financial gain. |