scholarly journals Anal Examinations in Cases of Alleged Homosexuality

2018 ◽  
Vol 26 (2) ◽  
pp. 7
Author(s):  
Djordje Alempijevic ◽  
Rusudan Beriashvili ◽  
Jonathan Beynon ◽  
Ana Deutsch ◽  
Maximo Duque ◽  
...  

Anal examinations are forcibly conducted in many countries where consensual anal intercourse is considered a criminal act. They are conducted almost exclusively on males in an effort to “prove” that they are “homosexuals” despite the fact that anal intercourse is not a necessary determinant of “homosexual activity.” Forcibly conducted anal examinations are usually initiated at the request of law enforcement officials, the prosecutor, or the court and conducted in the absence of informed consent or in circumstances where individuals are not capable of giving genuine informed consent or where refusal to give consent would be interpreted as self-incrimination. This may be presumed to be the case when examinations are conducted on individuals in detention, subsequent to allegations of criminalised sexual acts by the authorities. The purpose of this medico-legal statement is to provide legal experts, adjudicators, health care professionals, and policymakers, among others, with an understanding of: 1) the validity of forcibly conducted anal examinations as medical and scientific evidence of consensual anal intercourse; 2) the likely physical and psychological consequences of forcibly conducted anal examinations; and 3) whether, based on these effects, forcibly conducted anal examination constitutes cruel, inhuman, or degrading treatment or torture.

2020 ◽  
Vol 30 (1) ◽  
pp. 66-78
Author(s):  
Djordje Alempijevic ◽  
Rusudan Beriashvili ◽  
Jonathan Beynon ◽  
Bettina Birmanns ◽  
Marie Brasholt ◽  
...  

Conversion therapy is a set of practices that aim to change or alter an individual’s sexual orientation or gender identity. It is premised on a belief that an individual’s sexual orientation or gender identity can be changed and that doing so is a desirable outcome for the individual, family, or community. Other terms used to describe this practice include sexual orientation change effort (SOCE), reparative therapy, reintegrative therapy, reorientation therapy, ex-gay therapy, and gay cure. Conversion therapy is practiced in every region of the world. We have identified sources confirming or indicating that conversion therapy is performed in over 60 countries.1 In those countries where it is performed, a wide and variable range of practices are believed to create change in an individual’s sexual orientation or gender identity. Some examples of these include: talk therapy or psychotherapy (e.g., exploring life events to identify the cause); group therapy; medication (including anti-psychotics, anti- depressants, anti-anxiety, and psychoactive drugs, and hormone injections); Eye Movement Desensitization and Reprocessing (where an individual focuses on a traumatic memory while simultaneously experiencing bilateral stimulation); electroshock or electroconvulsive therapy (ECT) (where electrodes are attached to the head and electric current is passed between them to induce seizure); aversive treatments (including electric shock to the hands and/or genitals or nausea-inducing medication administered with presentation of homoerotic stimuli); exorcism or ritual cleansing (e.g., beating the individual with a broomstick while reading holy verses or burning the individual’s head, back, and palms); force-feeding or food deprivation; forced nudity; behavioural conditioning (e.g., being forced to dress or walk in a particular way); isolation (sometimes for long periods of time, which may include solitary confinement or being kept from interacting with the outside world); verbal abuse; humiliation; hypnosis; hospital confinement; beatings; and “corrective” rape. Conversion therapy appears to be performed widely by health professionals, including medical doctors, psychiatrists, psychologists, sexologists, and therapists. It is also conducted by spiritual leaders, religious practitioners, traditional healers, and community or family members. Conversion therapy is undertaken both in contexts under state control, e.g., hospitals, schools, and juvenile detention facilities, as well as in private settings like homes, religious institutions,  or youth camps and retreats. In some countries, conversion therapy is imposed by the order or instructions of public officials, judges, or the police. The practice is undertaken with both adults and minors who may be lesbian, gay, bisexual, trans, or gender diverse. Parents are also known to send their children back to their country of origin to receive it. The practice supports the belief that non-heterosexual orientations are deviations from the norm, reflecting a disease, disorder, or sin. The practitioner conveys the message that heterosexuality is the normal and healthy sexual orientation and gender identity. The purpose of this medico-legal statement is to provide legal experts, adjudicators, health care professionals, and policy makers, among others, with an understanding of: 1) the lack of medical and scientific validity of conversion therapy; 2) the likely physical and psychological consequences of undergoing conversion therapy; and 3) whether, based on these effects, conversion therapy constitutes cruel, inhuman, or degrading treatment or torture when individuals are subjected to it forcibly2 or without their consent. This medico-legal statement also addresses the responsibility of states in regulating this practice, the ethical implications of offering or performing it, and the role that health professionals and medical and mental health organisations should play with regards to this practice. Definitions of conversion therapy vary. Some include any attempt to change, suppress, or divert an individual’s sexual orientation, gender identity, or gender expression. This medico-legal statement only addresses those practices that practitioners believe can effect a genuine change in an individual’s sexual orientation or gender identity. Acts of physical and psychological violence or discrimination that aim solely to inflict pain and suffering or punish individuals due to their sexual orientation or gender identity, are not addressed, but are wholly condemned. This medico-legal statement follows along the lines of our previous publications on Anal Examinations in Cases of Alleged Homosexuality1 and on Forced Virginity Testing.2 In those statements, we opposed attempts to minimise the severity of physical and psychological pain and suffering caused by these examinations by qualifying them as medical in nature. There is no medical justification for inflicting on individuals torture or other cruel, inhuman, or degrading treatment or punishment. In addition, these statements reaffirmed that health professionals should take no role in attempting to control sexuality and knowingly or unknowingly supporting state-sponsored policing and punishing of individuals based on their sexual orientation or gender identity.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health


2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.


Gerontology ◽  
2021 ◽  
pp. 1-7
Author(s):  
Jean-Pierre Michel ◽  
Fiona Ecarnot

In today’s tormented world, it appears useful to take advantage of communication channels to promote life-course immunization and affirm its major role in healthy ageing. Instead of developing the argument of chronological age, we demonstrate the life-course principle here based on the P4 medicine concept. Are vaccines “preventive, personalized, predictive, and participatory?” Based on detailed analysis of research findings, we successively demonstrate the seminal role of vaccines on preventable infectious diseases, post-sepsis functional decline, non-communicable diseases (cardio-neuro-vascular, respiratory, and renal diseases), community protection, antimicrobial resistance, and perhaps even old-age dementia. Healthy ageing and the promotion of immunization are closely dependent on health literacy and provision of information by skilled health-care professionals. However, personal autonomy and individual freedom are influenced by psycho-cognitive hurdles (cultural approaches, beliefs, emotions, and behaviours), the opinions of the public/family/friends, and the increasing role of social media, which challenges scientific evidence. A similar phenomenon exists when dealing with the issue of healthy ageing, whose success depends greatly on life-course immunization.


2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way


2019 ◽  
Vol 1 (02) ◽  
pp. 146-161
Author(s):  
Ruli Purnamasari ◽  
Solihan Solihan ◽  
Viyola Azzahra

Abstrak   Efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025 tersebut didasarkan apabila pelaku usaha memproduksi dan memperdagangkan produk makanan yang mengandung bahan kimia serta membahayakan kesehatan dan keselamatan konsumen, maka pelaku usaha/produsen melanggar Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, Undang-Undang Nomor 18 Tahun 2012 tentang Pangan, Undang-Undang Nomor 8 Tahun 1999 tentang perlindungan Konsumen.  Penelitian ini merupakan penelitian hukum normative yang bertujuan untuk mengetahui Faktor yang mempengaruhi terhadap efektivitas penegakan hukum terhadap produsen makanan berbahaya menuju Indonesia Sehat 2025. Faktor hukumnya, yaitu lemahnya sanksi terhadap pelanggarnya, proses penanganan masalah berbelit-belit, kurang profesionalnya para aparatur penegak hukum dan kurangnya koordinasi antar penegak hukum. Tanggung jawab pidana produsen terhadap kerugian yang diderita konsumen akibat makanan berbahaya yang diproduksi, dipasarkan, ditawarkan dan diperdagangkannya, secara yuridis, dalam konsepsi Undang-Undang Perlindungan Konsumen dan peraturan perundang-undangan terkait lainnya.   THE EFFECTIVENESS OF LAW ENFORCEMENT ON FOOD MANUFACTURERS IN INDONESIA   Abstract   The effectiveness of law enforcement against dangerous food producers towards Healthy Indonesia 2025 is based on if business actors produce and trade food products that contain chemicals and endanger the health and safety of consumers, then the business actor/producer violates Law Number 36 of 2009 concerning Health, Law No. Law Number 18 of 2012 concerning Food, Law Number 8 of 1999 concerning Consumer Protection. This research is a normative legal research that aims to determine the factors that influence the effectiveness of law enforcement against producers of dangerous food towards Healthy Indonesia 2025. The legal factors are the weakness of sanctions against violators, the process of handling problems is complicated, the lack of professionalism of law enforcement officials and the lack of coordination between law enforcement. The producer's criminal responsibility for the loss suffered by the consumer due to the dangerous food produced, marketed, offered and traded, legally, in the conception of the Consumer Protection Act and other relevant laws and regulations.   Keywords: Effectiveness, Law Enforcement, Food Producers


2018 ◽  
Author(s):  
Elpina

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.


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