scholarly journals From Stranger to Family or Something in Between: Donor Linking in an Era of Retrospective Access to Anonymous Sperm Donor Records in Victoria, Australia

2019 ◽  
Vol 33 (3) ◽  
pp. 277-297 ◽  
Author(s):  
Fiona Kelly ◽  
Deborah Dempsey ◽  
Jennifer Power ◽  
Kate Bourne ◽  
Karin Hammarberg ◽  
...  

Abstract In June 2015, the state of Victoria, Australia retrospectively opened its sperm and egg donors’ records, becoming only the second jurisdiction in the world to do so and the first where substantial pre-legislative records are available and stored in a central register. The new legislation gave donor-conceived adults and donors who were conceived or donated under conditions of anonymity (ie prior to 1988) the right to apply to the state’s Central Register for each other’s identifying information, which is released to them if the subject of the application consents. Between the introduction of the law and its further amendment in March 2017, more than 100 applications were made. Through a thematic analysis of donor-conceived adults’ and donors’ Statements of Reasons – a written document applicants were required to complete when they applied – the article explores applicants’ motivations for applying, the information they sought, and their goals with regard to contact. The study found that most applicants were driven by curiosity and a desire for personal information about the other party. They also expressed a strong desire to meet and have an ongoing relationship with the subject of their application. The study also revealed an unanticipated desire on the part of previously anonymous donors for information about their offspring, suggesting future research could explore the emotional needs of donors in greater depth.

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.


2019 ◽  
Vol 70 (296) ◽  
pp. 640-658
Author(s):  
Vanessa Lim

Abstract Hamlet’s ‘To be or not to be’ speech has long been the subject of intense scholarly attention. By situating the speech against the backdrop of classical and Renaissance rhetorical theory, this essay demonstrates that there is still much more to be said about it. The speech ostensibly examines a quaestio infinita or a thesis, and follows the rhetorical rule that the right way to do so is by the invocation of commonplaces. This reading of Hamlet’s speech is not only consistent with Shakespeare’s characterization of the university-educated prince, who frequently invokes commonplaces, but also has significant implications for our understanding of the play and Shakespeare’s own practice as a writer. The book that Hamlet is reading could well be his own commonplace collection, and it is perhaps in looking up his entries under the heading of ‘Death’ that Hamlet finds what he needs in order to examine his quaestio.


2005 ◽  
Vol 25 (3) ◽  
pp. 677-698
Author(s):  
Marie Choquette

Legal rights protected under sections 8, 9 and 10 of the Canadian Charter of Rights and Freedoms are the subject of this article. Section 8 affords protection against unreasonable search or seizure; there was no similar provision under the Canadian Bill of Rights. Authorized searches and seizures by warrant will be considered unreasonable whenever minimal standards laid down in section 443 of the Criminal Code have not been respected. Furthermore, searches or seizures without warrant will be judged unreasonable if they do not conform to the legal provisions under which they are authorized. Section 9 protects against arbitrary detention or imprisonment. Some judges deem detention to be arbitrary if it is not authorized under statute, while others feel that detention is arbitrary whether authorized by statute or not if it be capricious or unreasonable. Finally, section 10 provides for certain rights to a person who is arrested or detained, such as the right to be informed of the reasons for arrest or detention, the right to be informed of his or her right to retain and instruct counsel and the right to do so, and the right to have the validity of the detention ascertained.


Author(s):  
Jocelyne St-Arnaud

AbstractPublished by é ditions Autrement under the direction of Sophie Aurenche, this book examines euthanasia as a current subject of discussion in France. The January 2000 decision rendered by the Comité consultative national d'éthique (CCNE) accepting euthanasia in extenuating circumstances, and the passing of the March 2002 law on the rights of patients, including the right to a dignified death, have reopened the debate on the subject of euthanasia. No longer discussed only in the back rooms of the hospital or among those practising within the ethical and juridical spheres, euthanasia has emerged into the public domain. Journalist Sophie Aurenche has facilitated the debate by giving voice to speakers from a number of disciplines; each brings expertise and knowledge to the discussion and each examines the following question: is euthanasia a humanist duty or an inhumane practice? In the first section of the book, the texts address the question based on the meaning of the term euthanasia and its related concepts. The second half is dedicated to testimonies and reflections on the experience and practice of euthanasia. This book is a must for those interested in the study and repercussions of euthanasia and palliative care. The studies brought together in this volume as well as the realities they describe should be consulted in any future research on possible solutions envisioned on the issue of euthanasia.


Author(s):  
Magnus Stenbeck ◽  
Sonja Eaker Fält ◽  
Jane Reichel

AbstractThis chapter describes the regulatory and organisational infrastructure of biobank research in Sweden, and how the introduction of the GDPR affects the possibilities to use biobank material in future research. The Swedish legislator has chosen a rather minimalistic approach in relation to the research exception in Article 89 GDPR and has only enacted limited general exceptions to the data protection rules. This may be partly explained by the comprehensive right to public access to official documents which gives researchers vast access to information held in registries, albeit conditioned on abiding by secrecy and confidentiality rules. The Swedish legislation implementing the GDPR includes a general exception from the data protection rules in relation to the right to access to official documents, which researchers also benefit from. However, confidentiality rules for different categories of information differ between sectors, which hinders an effective use of the registries in research. The regulatory regime for using biobank and registry data in Sweden thus involves both data protection and secrecy rules, which makes the legal landscape permissible but complex. The operationalisation of the research exception in Article 89 GDPR is analysed against this background. Special attention is given to the possibility to link personal information derived from biobanks with personal information from other data sources, including large national population based statistical registries as well as information from national clinical registers.


2021 ◽  
Vol 9 ◽  
Author(s):  
Victoria E. Lee ◽  
Alex Thornton

Explaining how animals respond to an increasingly urbanised world is a major challenge for evolutionary biologists. Urban environments often present animals with novel problems that differ from those encountered in their evolutionary past. To navigate these rapidly changing habitats successfully, animals may need to adjust their behaviour flexibly over relatively short timescales. These behavioural changes, in turn, may be facilitated by an ability to acquire, store, and process information from the environment. The question of how cognitive abilities allow animals to avoid threats and exploit resources (or constrain their ability to do so) is attracting increasing research interest, with a growing number of studies investigating cognitive and behavioural differences between urban-dwelling animals and their non-urban counterparts. In this review we consider why such differences might arise, focusing on the informational challenges faced by animals living in urban environments, and how different cognitive abilities can assist in overcoming these challenges. We focus largely on birds, as avian taxa have been the subject of most research to date, but discuss work in other species where relevant. We also address the potential consequences of cognitive variation at the individual and species level. For instance, do urban environments select for, or influence the development of, particular cognitive abilities? Are individuals or species with particular cognitive phenotypes more likely to become established in urban habitats? How do other factors, such as social behaviour and individual personality, interact with cognition to influence behaviour in urban environments? The aim of this review is to synthesise current knowledge and identify key avenues for future research, in order to improve our understanding of the ecological and evolutionary consequences of urbanisation.


Tempo ◽  
1944 ◽  
pp. 132-133 ◽  
Author(s):  
Béla Bartók

There is much talk these days, mostly for political reasons, about the purity and impurity of the human race, the usual implication being that purity of race should be preserved, even by means of prohibitive laws. Those who champion this or that issue of the question have probably studied the subject thoroughly (at least, they should have done so) spending many years examining the available published material or gathering data by personal investigation. Not having done that, perhaps I cannot support either side, may even lack the right to do so. But I have spent many years studying a phenomenon of human life considered more or less important by some dreamers commonly called students of folk music. This manifestation is the spontaneous music of the lower classes, peasants especially. In the present period of controversy over racial problems, it may be timely to examine the question: Is racial impurity favourable to folk (i.e., peasant music) or not? (I apply the word racial here to the music itself, and not to the individuals creating, preserving or performing the music.)


2016 ◽  
Vol 15 (3) ◽  
pp. 129-136 ◽  
Author(s):  
Jon Ingham ◽  
Dave Ulrich

Purpose The purpose of this paper is to provide answers to four questions on building a better human resources (HR) department: why?, who?, what? and how? Design/methodology/approach The paper is based on the accumulated experience of the co-authors. Findings The paper finds that better HR departments create better organizations and will often do this by enabling better relationships between the people working in them. Developing the right relationships is also an increasingly important part of creating an effective HR organization. Research limitations/implications Much attention has been spent on developing HR professionals. The authors also want to make HR departments better. This paper steers future research on HR effectiveness in this direction. Practical implications Senior HR leaders charged with improving their HR department may do so with the roadmap offered by the authors. Originality/value For businesses to receive full value from HR, it is very important to upgrade the quality of HR professionals. It is even more important to upgrade HR departments. This paper suggests how this can be done.


2020 ◽  
Vol 6 (Extra-C) ◽  
pp. 57-68
Author(s):  
Gizem Öneri Uzun

The objective of this study is to examine the effect of the quarantine process on the level of hope of people living in the Turkish Republic of Northern Cyprus. The study was conducted on 250 participants over the age of 18, 160 of whom were females and 90 of whom were males. In the study, personal information form, and, in order to measure the level of hope of the participants, Beck Depression Scale were used. The data obtained were analyzed using SPSS 24.0 program. Participants who were 29 years old and younger were found to be more in despair than participants who were 40 years old or older. It is believed that the subject of the research is valuable in terms of being the first study conducted in the Turkish Republic of Northern Cyprus and that it will make contribution to future research.    


It was recognised in the early days of spectrum analysis by Stokes and Kirchhoff that the absorption of light by a sodium flame or by sodium vapour was conditioned by resonance of the vibrating sodium molecules to that period in the exciting light which was removed. In more recent days our knowledge of these phenomena has been much extended by E. Wiedmann, and later, R. W. Wood, who showed that the absorption just mentioned was accompanied to some extent by lateral re-emission. L. Dunoyer has also made important observations. This is the phenomenon known as resonance radiation. [Since this paper was written I have to lament the death of my beloved father, Lord Rayleigh. I found the following rough memorandum, dated September, 1897, among his papers, not put away carefully, but in a pile of letters and pamphlets of no value. It was written long previously to my own interest in the subject, and I think he had quite forgotten having considered the matter; at all events, he never referred to it when I showed him some of my own experiments. The memorandum runs thus:—“A moderately fed soda flame stops light of D quality incident upon it. This may be seen to some extent with sunlight, but better with electric arc, or perhaps with another and brighter soda flame. What is the nature of this stopping? It is generally spoken of as absorption. But this seems unlikely. It must be a molecular operation. If the molecule in the Bunsen shines on excitation, how can it fail to do so as the result of energy of the right sort already falling upon it, and certainly operative upon it? It seems more likely that the energy is re-radiated without absorption, i. e ., that the light is scattered . If so, it would probably be scattered as from small particles of the ordinary sort with polarisation effect.”— July 21,1919.]


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