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This study examines the recent proliferation of manslaughter charges and subsequent prosecutions brought against people who have shared, sold, or provided drugs that have led to overdose death in Canada. It presents a documentary analysis of news media coverage, court decisions, and Access-to-Information and Freedom-of-Information requests of materials from criminal legal institutions. The analysis finds that the vast majority of those who face manslaughter charges are engaged in the lowest tiers of the drug trade, are themselves people who use drugs, and are often intimately known to the deceased. Messaging by police, prosecutors and the courts mobilize the overdose crisis as rationale for these charges and prosecutions, positioning them as a form of redress to impacted communities. This phenomenon illustrates how punitive criminal legal responses to the overdose crisis have deepened alongside the retreat of criminal law in other circumstances, contradicting claims of a therapeutic turn in Canadian drug policies.
In this chapter, we offer a number of recommendations for those who are in a position to do something technically, structurally, and legally or otherwise to minimize the risk of psychological harm that comes with the public’s use of social media and other online sites, especially their engagement with graphic or other upsetting digital material. We outline the policy implications of what we’ve learned from more than three years of desk research and original interviews that we have conducted with dozens of people, ranging from technologists to psychologists to content moderators to human rights investigators and beyond. We first spotlight the competing interests that underscore social media companies and governments’ policy deliberations with regard to content moderation. Next, we lay out our suggestions for companies, governments, and individuals with regard to how to improve the experiences of both content moderators and everyday social media users. We close with suggestions for creating a more “pro-social” online environment, one that not only better mitigates the risks of psychological harm but potentially encourages greater connection, resulting in wellness and even flourishing.
This chapter develops a formal model of autocratic propaganda. Citizens are uncertain about the link between policy and outcomes, and hence the regime’s performance. Citizens are also uncertain about the regime’s capacity for repression. Autocrats use propaganda to shape citizens’ beliefs about both. Where relatively binding electoral constraints compel autocrats to employ propaganda to curry support, their propaganda apparatuses must acquire credibility by conceding bad news and policy failures. We refer to this as “honest propaganda.” In the absence of electoral constraints, autocrats employ absurd propaganda, which signals to citizens that the regime has no need for their support: that its hold on power rests on coercion, not persuasion. Our theory generates a range of predictions about how propaganda strategies change with features of the autocrat’s strategic environment, including the threats posed by elite coups and alternative sources of information to citizens.
This chapter discusses the right to freedom to expression and to freedom of information as it is protected by the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. Attention is also paid to topics such as hate speech, defamation, press freedom and access to government information. In the final section, a short comparison between the different instruments is made
This chapter considers the role of the media in promoting and protecting human rights. With the rise of the Internet and highly offensive material “going viral” have come calls for more regulation. It is challenging to balance human rights to freedom of expression, access to information, freedom of assembly, and privacy against countervailing interests. While media freedom is important for the mobilization of shame, it carries risks explored here. Deciding how to balance competing considerations without adopting overbroad legislation should lead to lively class discussions.
The Freedom of Information Act 2000, which came into force in 2005, provides, for the first time, a legally enforceable right of access to official information. This chapter examines the benefits of freedom of information and the scheme and scope of the Freedom of Information Act, examining how it balances the competing interests in the disclosure and retention of official information. The enforcement mechanisms in the Act are outlined and the ministerial veto power discussed. The chapter concludes by examining the effectiveness of the openness regime imposed by the Freedom of Information Act.
A rapidly deteriorating supply of healthy freshwater resources, exacerbated by climate change, intensifies social and economic injustices and inequalities across the world. Strong public laws and institutions upholding equitable procedures for public participation, access to justice and information regarding the fair distribution of access to sufficient water resources are needed more than ever to protect the most vulnerable. International water law and river basin treaties have poor provisions for public participation. This chapter demonstrates how the UNECE environmental regime, especially through the Aarhus Convention and Protocol on Water and Health, provides a comprehensive framework for the principle of public participation, access to justice and information, including identifying where it fills gaps in international water law and basin treaties. For example, non-state actors including the public and non-governmental organisations (NGOs) have limited almost non-existent rights under the 1997 UN Watercourses Convention beyond the procedure on non-discriminatory access to justice. In contrast, the public including NGOs are given a significant participatory role in law making, implementation and enforcement in the UNECE water regime. This contributes to procedural justice and the principle of intra-generational equity in international water law. The Water Convention, however, should be amended to provide for all three pillars of public participation.
Using the framework exposed in Chapter 6, this chapter presents how the SPS and TBT transparency mechanisms serve to address a number of the factors needed by WTO Members to adjudicate. In particular, it shows the extent to which SPS and TBT transparency allows to gain access to information about other Members’ regulations, to reduce some resource inequalities through equal access to information and to offer alternative fora to discuss conflicts and work towards a mutually acceptable solution. Still, this chapter underlines inequalities that remain in the access to WTO transparency, suggesting some explanations for unequal access to dispute settlement.
After having seen both the potential effects of transparency under the SPS and TBT framework and the limitations that still remain as to their actual benefits to all Members, Chapter 9 will examine the main ways forward to improve the system. These recommendations focus on what the WTO Members on the one hand and the WTO Secretariat on the other can do to improve the effectiveness of transparency, with the ultimate goal of improving the day-to-day implementation of the SPS and TBT Agreements, preventing disputes or allowing better disputes if they must take place. The recommendations are structured around improving availability of information on all Members’ domestic regulations, to all Members and to private stakeholders and on enhancing the scope and benefits of regulatory co-operation.
The dispute settlement system is a costly and burdensome process that may be worth turning to only in cases of high trade losses. It is arguably in any country’s interest to avoid disputes. Building on the premise that disputes intervene only as a last resort, Chapter 7 explores the reasons that explain the difficulty to ‘climb’ the disputing pyramid. Based on pre-existing literature, it identified three general factors to explain WTO Members’ access to WTO adjudication: Members are likely to bring disputes as long as they have information, resources, and they lack alternative fora to solve the conflict. This serves as a basis for arguments in the subsequent chapter about the possible roles for transparency in accessing formal dispute settlement.
Chapter 5 addresses the regulation of donor conception. This chapter examines how parentage should be allocated in situations where this procedure is used. The aim of the chapter is to identify a means of allocating parentage that is most in keeping with the best interests principle. The child’s right to identity and safeguards required to vindicate this right in cases of donor conception are also considered, as is the issue of access to services for gay and lesbian couples.
Access to information and freedom of information (ATI/FOI) requests are an increasingly utilized means of generating data in the social sciences. An impressive multi-disciplinary and international literature has emerged which mobilizes ATI/FOI requests in research on policing, national security, and imprisonment. Absent from this growing literature is work which deploys ATI/FOI requests in research on higher education institutions (HEIs). In this article I examine the use of ATI/FOI requests as a methodological tool for producing data on HEIs. I highlight the data-generating opportunities that this tool offers higher education researchers and provide a first-hand account of how ATI/FOI requests can be mobilized in higher education research. I argue that despite the value of ATI/FOI requests for producing data on academic institutions, the information management practices of HEIs limit the effectiveness of ATI/FOI in ways that I detail drawing on my experience using information requests to scrutinize the quality assurance of undergraduate degree programs in Ontario. I suggest that in an age of rankings and league tables HEIs are likely to prioritize the protection of their reputation over the right of access. In conclusion I consider the implications of the article’s findings for higher education researchers and ATI/FOI users.
Chapter 5 reflects on how accessibility is understood in the CRPD and how it is interpreted by the CRPD Committee. It conducts a broad examination of the multidimensional concept of ‘accessibility’ and its relationship with universal design and assistive devices. It discusses the role of ‘accessibility rights’ in the Convention and focuses on the content and scope of Article 9, addressing the relationship between accessibility and non-discrimination. The chapter investigates the differences between accessibility and reasonable accommodation, in light of the CRPD Committee’s jurisprudence. Finally, the chapter briefly analyses Article 21 CRPD on access to information and communications.
Chapter 5 reflects on how accessibility is understood in the CRPD and how it is interpreted by the CRPD Committee. It conducts a broad examination of the multidimensional concept of ‘accessibility’ and its relationship with universal design and assistive devices. It discusses the role of ‘accessibility rights’ in the Convention and focuses on the content and scope of Article 9, addressing the relationship between accessibility and non-discrimination. The chapter investigates the differences between accessibility and reasonable accommodation, in light of the CRPD Committee’s jurisprudence. Finally, the chapter briefly analyses Article 21 CRPD on access to information and communications.
Information is essential for the functioning of modern societies. Access to information denotes the right of citizens to obtain information regarding how they are governed. In 2011, Nigeria enacted the Freedom of Information Act, to ensure openness and transparency in public governance. This article evaluates the extent to which the legislation has strengthened the right of access to information in Nigeria. Through analysis of the provisions of the act and some decided cases, the article argues that challenges, both in the act's provisions and in its enforcement by the courts, have resulted in a “blunted” law that lacks the capacity to satisfy the people's expectations on the right of access to public information. Drawing on the experience of other jurisdictions where similar laws are operative (notably South Africa and India), the article suggests ways through which the implementation of the act could be made more effective.
With the adoption of the new 17 SMART Sustainable Development Goals (SDGs), access to government information becomes essential for these goals to be realised. This view was corroborated by IFLA (International Federation of Library Associations and Institutions) at its 2015 Cape Town Declaration. In Nigeria, the drastic reduction in the revenue accruable to the government following the sharp decline in the price of crude oil and the subsequent impact on the nation's economy have made it imperative for citizens of the country to insist on transparency and accountability regarding the activities of the government. Otherwise, the SDGs could end up like the much-talked-about MDGs (Millennium Development Goals) whose records were unimpressive despite the oil boom of that era. Public libraries could serve as useful channels for providing government information to citizens. However, their managers lack the necessary technical skills. This article considers how public libraries in Nigeria could provide access to government information for its users. This study is based on existing literature, international binding documents and observations, as well as drawing on the wealth of experience of the researchers themselves and their interactions with public librarians. It is recommended that the scope of the curricula of library schools in Nigeria be broadened to include the mandatory teaching of management of government information to budding librarians. Also, there should be collaboration between public librarians and law librarians. Such collaboration would help provide more access to government information for the citizens of Nigeria. Law librarians could also benefit from the collaboration and devise better skills to help improve their services to users.
This paper focuses on the legal and technological issues involved in the digitization and use of cultural content. We chose to take the perspective of Czech public cultural institutions because they administer the majority of the rich cultural heritage in the Czech Republic.
This article investigates and illustrates the role and importance of a rights-based approach to foreign agro-investment for the government of Cameroon when it is required to govern foreign agro-investment activities. In doing so, the article offers an analytical framework based on human rights norms, principles and standards emerging from relevant international and regional human rights instruments. It aims to provide clarity on how local communities’ rights could be respected, protected and fulfilled when and where foreign agro-investment occurs. Consequently, because a rights-based approach requires states to respect their minimum human rights obligations, its use in the foreign agro-investment context is crucially important to help compel the government of Cameroon to ensure the respect, protection and fulfilment of local communities’ rights.
Transparency is fundamental to environmental governance. It promotes public trust, goodwill, and credibility in environmental decision making. It also ensures that monitoring and enforcement of emissions reduction targets are efficient and effective. As the impacts of climate change increase, it is urgent that scholars and policy makers develop and test criteria for transparency in both the calculation of emissions reductions and the public reporting of emissions. This article highlights basic principles of transparency that should inform such criteria and that may be applied on a transnational basis. We also examine China’s recently implemented pilot emissions trading schemes and find that the approach in China does not yet comply with our suggested principles. Nevertheless, the positive direction of environmental governance in this region is encouraging.