Blanket Ban Research Articles

The phantasm of zero suicide.

Governments and non-governmental organisations are increasingly adopting a 'zero-suicide' goal, but what such a goal precisely involves is unclear. Ostensibly it strongly prioritises the prevention and elimination of all suicide. We argue that, so understood, a societal goal of zero suicide risks contravening several ethical principles. In terms of beneficence and non-maleficence, a 'zero-suicide' goal risks being inefficient and may burden or harm many people. Autonomy-wise, a blanket ban on all suicide is excessive. As regards social justice, zero suicide risks focusing on the symptoms of social malaise instead of the structures causing it. With respect to transparency, a 'zero' goal that cannot be met makes these authorities look detached and risks frustration, distrust and, worse, stigmatisation of suicide and of mental health conditions. Instead, we propose a middle path for suicide prevention, founded on harm reduction, 'soft group paternalism' and efforts directed at increased quality of life for disadvantaged groups. Although soft group paternalism respects autonomy, this approach permits coercive interferences in certain circumstances. We hope that the justificatory framework tying together these largely familiar elements is novel and sensible.

Equitable Approaches to Menthol Tobacco Use Reduction: Rethinking a Blanket Ban

Equitable Approaches to Menthol Tobacco Use Reduction: Rethinking a Blanket Ban

Stemming the Narrative Flow: the Legal and Psychological Grounding for The European Union’s Ban on Russian State-Sponsored Media

On 2 March 2022, in response to framed and anti-Western narratives surrounding the Russian invasion of Ukraine, the Council of the European Union legally banned two Russian state-sponsored media outlets, RT and Sputnik, within EU borders. The decision of the Council divided opinion. While the ban indeed limits the reach of these Russian ‘organs of influence’, it also infringes on fundamental human rights within the EU. It is therefore pertinent to scrutinise if the benefit of prohibiting the Kremlin’s antagonistic narration is worth the sacrifice of impeding fundamental principles of democracy. How proportional and how necessary is the ban? The current article assesses these questions from a psychological and legal perspective. It argues that while the decision to ban RT and Sputnik is legally sound, the justification for the decision would benefit from a more elaborate explanation of balancing the different (colliding) fundamental rights, not least since the disruptive effect of the RT and Sputnik narration is unsettled. Moreover, instead of a blanket ban, a less stringent and more nuanced approach could be more appropriate, affording the ability to appropriately sanction RT and Sputnik while remaining proportional and mitigating a possible backfire effect.

Animating theAffect–Care–Labor Linkin the Wake of “The Surrogacy (Regulation) Bill”: Care Ethics and Policymaking on Indian Surrogacy

AbstractStarting from the early 2000s, India was one of the most sought-after destinations for commercial surrogacy. However, in 2015 the government decided to ban transnational commercial surrogacy, and recently “The Surrogacy (Regulation) Act, 2021,” which bans commercial surrogacy altogether and confines it to its altruistic form, has been enacted. Our article makes a philosophical intervention into the policy debate around this move by analyzing various draft versions of “The Surrogacy (Regulation) Bill” which culminated in the ban. We argue that the Bill fails to realize its ethical potential since it is vitiated by a number of conceptual fallacies. We expose the conceptual fallacies by unpacking the concept of care in gestational surrogacy through the lens of care ethics. The robust conceptualization of care serves as a critical vantage point for analyzing the Bill's distorted understanding of care (and especially the affect–care–labor link) in gestational surrogacy. Consequently, we conclude that regulation of commercial surrogacy with fair compensation and due consideration for the agency of surrogates holds far greater ethical potential than a blanket ban on commercial surrogacy and mandating that it be practiced only in its altruistic form.

Post-extractive juridification: Undoing the legal foundations of mining in El Salvador

In 2017 El Salvador passed the world’s first and only blanket ban on metal mining. This article explores this unique exception to the neoextractive path followed by much of Latin America since the early 2000s—an exception brought about by citizen-led lawmaking processes. Drawing from fieldwork research in El Salvador, I suggest that the ban was enabled not so much by a negative assessment of extraction-led development as by multiple other factors, including short-term electoral expediencies; the shared genealogy and history of grassroots opposed to mining and left-wing governments; the ongoing convergence of nationwide anti-mining movements supported by the Catholic Church; and a lack of vested interests in the mining industry on the part of local elites. Indeed, a few years on from the ban, successive governments have not fulfilled their obligation to eradicate mining, with many activists fearing an eventual repeal. Crucially, citizen-led lawmaking aimed at undoing the neoliberal ethos of the legal architecture that has facilitated mining throughout much of Latin America has failed to address the colonial legacies of this architecture. Overall, the article argues that mining-free futures require comprehensive lawmaking endeavours that include both legislative challenges to neoliberal statecraft and a comprehensive overhaul and decolonization of the legal foundations of mining.

Rapid Detection of Synthetic Cannabinoid Receptor Agonists Impregnated into Paper by Raman Spectroscopy

Abstract English The last decade has witnessed the emergence of new psychoactive substances that are analogues of classical drugs of abuse in order to escape the regulations surrounding the latter drugs. These drugs were of both herbal and synthetic origin and were advertised initially as ‘legal highs’; thus, they were perceived as safe by users. Hence, upon their emergence, they were not controlled by the Misuse of Drugs Act 1971, which contributed to their popularity and increased sales online and within street markets. In 2016, the Psychoactive Substance Act introduced a blanket ban on all new psychoactive substances except for caffeine, alcohol, and nicotine. This in turn, contributed to the change in the sale of new psychoactive substances products that have been sold as concealed in different matrices, including herbal products, papers, fabrics, and textiles. Concealing drugs in paper has been very popular, especially since the drug product is of lightweight and can be sent via postal services. However, new psychoactive concealed in papers are toxic not only to the users; but also, to the person handling them (i.e. mail employees). One of the classes of new psychoactive substances that have been commonly concealed in papers and that have been linked to toxicity and hospitalization cases is synthetic cannabinoids. Therefore, there is a need to identify new psychoactive substances concealed in papers non-destructively and rapidly to prevent toxicity linked to them. Handheld Raman spectroscopy offers this advantage as it is of lightweight and carries the sample to the matrix. Therefore, this work used handheld Raman spectroscopy for identifying synthetic cannabinoids concealed in papers using Raman spectroscopy combined with machine learning analytics. Synthetic cannabinoid and paper samples were measured non-destructively using a handheld Raman spectrometer equipped with a 1064 nm laser wavelength. Spectral data was exported into Matlab 2020b where machine learning analytics including identification and prediction was. The results showed that Raman spectroscopy could identify specific synthetic cannabinoids in papers that were either deposited on the surface of the paper or diffused inside the paper substrate. When machine learning analytics were applied to the Raman spectra of the papers, quantitative information was obtained regarding the amount of synthetic cannabinoid deposited on the paper surface. In summary, handheld Raman spectroscopy could identify and quantify synthetic cannabinoids on paper rapidly and non-destructively. Future work involves testing other classes of new psychoactive substance and applying deep learning analytics

THE DEFENCE OF INHERENT REQUIREMENTS OF THE JOB: A BLANKET BAN FOR MEDICAL REASONS NOT JUSTIFIABLE IMATU v City of Cape Town (2005) 14 LC 6.12.2*

The Labour Court was faced with the question of whether the respondent in this case was justified in imposing a blanket ban on the employment of diabetics in the position of firefighters on the basis that the condition in itself posed a serious risk for the sufferer, as well as the public at large, where the individual was called upon to work in hazardous and stressful conditions.

Secondary school teachers’ perceptions of BYOD among learners within the classroom

The use of personally owned devices among learners has remained a contentious issue in schools across the globe. While several studies have been devoted to explaining the importance of such initiatives, the debate has continued to rage on, with most school authorities imposing a blanket ban on the use of these devices within their premises. In this study, we seek to contribute by examining in-service teachers’ perceptions of the use of personally owned devices in schools within the global south context. The qualitative study explores teachers’ understanding of the usefulness of technology and associated devices such as smartphones in the classroom. The Unified Theory of Use and Acceptance of Technology (UTUAT) was used to draw up a conceptual framework. Purposive sampling was employed to select in-service secondary school teachers who had at some time previously enrolled in an introduction to information technology course at a tertiary institution. Constant comparison analysis and thematic analysis were used to analyse the data from the focus groups. Thirteen thematic areas were drawn from the study and these were framed to support the conceptual framework.

The Glyphosate Saga Continues: ‘Dissenting’ Member States and the European Way Forward

AbstractA decision will soon have to be taken regarding the renewal of approval of glyphosate at the European Union (EU) level; this pesticidal active substance, however, is more controversial than ever. This article critically assesses various strategies pursued by EU Member States and regional authorities which challenge the EU approach to glyphosate and aim to safeguard their higher levels of public health and environmental protection. It reflects on the prospects of success of these strategies, and their compatibility with EU law. The analysis includes the action for the annulment of glyphosate's 2017 reapproval brought by the Brussels-Capital Region, the Austrian attempt to enact a blanket ban on glyphosate-based pesticidal formulations, and the more sophisticated strategies pursued by Luxembourg and France. The article concludes that the French strategy is effective in risk regulation terms, and compatible with EU law. Nonetheless, adopting the French approach may prove rather difficult for other Member States, as a result of both structural-regulatory and practical constraints. Rather, an EU-wide strategy on glyphosate is urgently needed.

Death with Dignity in Canada

Death with Dignity in Canada

Assessing the consumer acceptance and storability of chitosan and beeswax coated cellulose packaging for whole wheat bread

Whole wheat breads are usually packed in low density polyethylene (LDPE) or polypropylene (PP) based packets, however, owing to a blanket ban on non-biodegradable plastics, packaging materials derived from renewable ligno-cellulosic fibers, are gaining prevalence. This study takes into account, the purchase intention, overall acceptance and storability of uncoated (U), functional chitosan coated (CC) and beeswax-chitosan emulsion coated (WC) paper packaging materials, for whole wheat bread loaves stored at refrigerated (5 ± 2 °C) and ambient temperature (25 ± 2 °C) conditions. LDPE served as control. Overall consumer acceptability and the buying behavior suggested maximum acceptability of WC papers for whole wheat breads. The analytical and microbiological attributes of chitosan and emulsion coated paper packaged breads were better in comparison to that of LDPE. The changes in moisture content (39.12 ± 0.3% - 34.99 ± 0.3%) and alkaline water retention capacity (357.9 ± 2.07%–344 ± 2.0%) of bread samples were found to be significant under packaged storage at both temperatures (p < 0.05). The crumb and crust hardness of freshly packed breads was found to be 27.12 ± 0.09 N and 29.8 ± 0.11 N respectively; under packaged storage, crumb and crust hardness showed a maximum increase to 32.68 ± 0.19 N and 34.77 ± 0.12 N at ambient temperature conditions, respectively. WC and CC paper packaged bread samples observed reduced yeast and mold count as compared to uncoated paper packaged breads. The bread loaves packed in both chitosan and emulsion coated papers were found to be microbiologically stable up to 8 ± 1 days at 25 °C and 12 ± 1 days at 5 °C respectively. Functional chitosan and beeswax-chitosan coated paper packaged bread samples demonstrated appreciable sensory and analytical attributes at refrigerated conditions. Consumer acceptability studies also validated their affirmative outlook towards green purchasing, functionality of the packaging material and awareness about environmental risks posed by plastic packages.

Continued availability and sale of pangolins in a major urban bushmeat market in Cameroon despite national bans and the COVID-19 outbreak.

Continued availability and sale of pangolins in a major urban bushmeat market in Cameroon despite national bans and the COVID-19 outbreak.

Comparative Evaluation of the Nutritional Status and Habits of Students Studying in Private and Government Schools in a Semi-Urban Town in India –Kumbakonam Urban Rural Epidemiological Study - KURES -1

Malnutrition is a universal and an ever-rising problem due to changes in the lifestyle and eating habits among the children. The malnourished children are prone to illness. Hence, we planned to conduct a study in school children, both in Government set up and a private set up, to review their nutritional status and the influencing factors. Two thousand students in the age group of 8-17 years were interviewed for their food habits, asking them to fill up a proforma along with anthropometric measurements. Among the children interviewed 72% were malnourished, but only 0.06% were obese. The nourishment was significantly better in private school children but still 58% were underweight. There was a strong liking for fast food among children from both the groups. The playing time was less than an hour in a majority of students. Conclusion: There is an alarming census of underweight children in a semi-urban Indian town, but obesity is not that alarming, with an incidence rate &lt; 1%. There is an urgent need to promote games among children of all socioeconomic status. A blanket ban on fast food items in the school campus is the need of the hour. Undernourished children form majority of students going to school in India. This includes children attending private paid schools. The incidence of obesity is still so low so that any community level action on the same is presently not needed in India.

Towards a calibrated trust-based approach to the use of facial recognition technology

ABSTRACT The use of facial recognition technology has given rise to much debate relating to issues concerning privacy infringements, bias and inaccuracies of data and outputs, possibilities of covert use, the lack of data security and the problem of function creep. Certain states and jurisdictions have called for bans and moratoria on the use of facial recognition technology. This article argues that a blanket ban on facial recognition technology would be overly precautionary without fully considering the wide range of uses and benefits of the innovation. To promote its acceptance, trust in facial recognition technology should be developed in a calibrated fashion taking into account the relative risks and benefits, risk mitigation measures and safeguards based on legal and ethical considerations. This article recommends some guidelines for a calibrated trust-based approach.

Does the French law restricting the religious practice of the Islamic full-face veil amount to persecution within the remit of International Refugee Law, or is it a legitimate distinction under International Human Rights Law?

This article intends to prove that the general blanket ban restricting the public wearing of a full-face veil in France is a law that illegitimately discriminates against Muslim women who choose to cover their face with a Niqab and Burqa. The Niqab and Burqa are both full Islamic veils, which cover the whole body including the face, leaving just a narrow slit for the eyes (Niqab) or covering the eyes too (Burqa).[1] Muslim women who wear an Islamic veil, do so as a badge of honour—one that is liberating, empowering, and brings solace because it is worn solely as a religious act of compliance to God. Such face coverings are a valid form of manifestation of freedom of religion; a freedom enshrined as a non-derogable right under International Human Rights Law.[2] Yet, Muslim women have been severely deprived of such a right since the enforcement of Loi 2010-1192 du 11 Octobre 2010 interdisant la dissimulation du visage dans l'espace public - Law 2010-1192 of 11 October 2010 on the Prohibition of Concealing the Face in Public Space.[3] This law has allowed for the nationwide marginalisation of a group of women simply trying to live in the comfort of their faith. I will contend that such a profane law is not only a clear form of indirect discrimination under International Human Rights Law through the State’s illegitimate justifications; but also, that the law amounts to persecution on cumulative grounds under the Refugee Convention 1951.

Madras High Court Quashes Blanket Ban on Skill Games as Unconstitutional

Madras High Court Quashes Blanket Ban on Skill Games as Unconstitutional

The Scope of the Right to Give Birth at Home as Reproductive Self-determination In the Legislation of Georgia and the Practice of the European Court of Human Rights

This article discusses the scope of the right to give birth at home as reproductive self-de- termination in the context of Georgian law and the case-law of the European Court. Georgia, like many other member states of the Council of Europe, unconditionally prefers the model of hospital delivery to protect maternal and fetal life and health. It is true that under Georgian law, home birth is not prohibited as such, however except for emergencies, medical staff is authorized to provide medical care only in a licensed medical premise. That equates to a restriction of the right. Despite the legitimate interest in restricting the right to give birth at home, scientific studies have confirmed the similarity between the consequences of home birth and hospital delivery in the case of low-risk pregnancies. The blanket ban on the right to give birth at home became the object of debate in the European Court in 2010. The court explained that the right to respect for private life enshrined in the Convention includes not only a person’s decision to become or not to become a parent, but also the choice of conditions. According to the court, childbirth is a unique and delicate moment in a woman’s life, and the determination of the place of childbirth is fundamentally related to a woman’s personal life. The European Court has discussed the availability and foreseeability of national legislation in the context of restricting the right to give birth at home. The Court has ruled that national authorities must ensure the clarity (if any) of the responsibility for providing obstetric services at home. However, the Court has still left open the issue of the need to restrict the right to give birth at home on the grounds of a lack of consensus among the member states of the Council of Europe and the complex socio-economic aspects of the issue.

Deaths from novel psychoactive substances in England, Wales and Northern Ireland: Evaluating the impact of the UK psychoactive substances act 2016.

Background:‘Legal highs’ began appearing in the UK in the mid-2000s. Whilst many of these substances were controlled under the 1971 Misuse of Drugs Act, novel compounds and new variants of controlled compounds were continuously being introduced to the recreational drug market. The Psychoactive Substances Act (PSA) was therefore implemented in 2016 as a blanket ban on all novel psychoactive substances (NPS).Aim:To evaluate the impact of the PSA on deaths following NPS use in England, Wales and Northern Ireland.Methods:Cases reported to the National Programme on Substance Abuse Deaths where death had occurred 3 years pre- or post-implementation of the PSA were extracted. Cases with NPS detected at post-mortem were analysed and compared against cases non-NPS cases.Results:293 deaths with NPS detected were identified; 91 occurring before the PSA and 202 afterwards, indicating an 222.0% post-PSA increase. Contrastingly, non-NPS drug-related death case reporting increased by only 8.0%. Synthetic cannabinoid, anxiolytic/sedative and stimulant NPS were detected in the largest proportions of deaths pre-PSA; post-PSA stimulant NPS detections reduced whilst synthetic cannabinoid and anxiolytic/sedative detections increased.Post-PSA, average decedent age increased significantly (mean age pre-PSA 34.4 ± 10.8 vs post-PSA 38.3 ± 9.4), and they were significantly more likely to have been living in deprived areas (pre-PSA 50.0% vs post-PSA 65.9%).Conclusions:Reporting of deaths following NPS use has risen despite introduction of the PSA. Whilst deaths amongst younger individuals and those living in more affluent areas has reduced, additional approaches to prohibition are needed to curb their persistence in deprived demographics.

السماح بعملیات الهندسة العکسیة لبرامج الکمبیوتر المحمیة بحقوق الملکیة الفکریة

يبدو أن الأسرار التجارية تقدم طريقا للمضي قدما نحو شمول برامج الکمبيوتر بالحماية. نظرا لأن الشرکات تقوم بتقييم کيفية حماية خوارزميات البرامج الخاصة بها باعتبارها أسرارا تجارية ، فيجب عليهم التفکير في أفضل السبل لمنع المنافسين من هندسة منتجاتهم عکسيا، ولا يحمى قانون الأسرار التجارية في ذاته برامج الکمبيوتر من الهندسة العکسية ولکن مبادئ العقد تستطيع هذا الأمر. عند تطبيق مبادئ العقد ، ستبذل شرکات البرمجيات قصارى جهدها لتجنب الحظر الشامل على الهندسة العکسية، لکن الحظر الانتقائي على الهندسة العکسية لأغراض معينة، مثل تطوير منتجات منافسة مباشرة، يبدو أکثر عرضة للبقاء أمام التدقيق القضائي، ونرى أنها تبدو متوافقة مع النصوص الحديثة في قانون حق المؤلف، ولا تتعارض بشکل مباشر مع أي قانون، ويبدو أنها تتجنب أهم اهتمامات السياسة العامة فيما يتعلق بالهندسة العکسية. Companies are assessing how to protect their software algorithms as a trade secret, so they think about the best way to prevent competitors from reverse engineering their products. Trade secrets law does not in itself protect computer programs from reverse engineering, but contract principles can do this. When implementing contract items, software companies will do their best to avoid a blanket ban on reverse engineering, but the selective prohibition on reverse engineering for certain purposes, such as developing direct competition products, appears more likely to survive judicial scrutiny. Selective prohibition seems to be compatible with modern texts in copyright law; it does not directly conflict with any law, and it appears to avoid the most important public policy concerns in terms of reverse engineering.

Should 'Torture' be Legalised?

International law defines torture as severe pain and suffering, generally used as an interrogation device or as a punitive measure. The utilization of the barbaric method of torture has been designated as illegal under the international law of human rights. Throughout the history of the world, there has been recorded evidence that torture was used as a primary weapon to punish prisoners and to procure information. The most noticeable event of torture in recorded history is the Holocaust, committed by Germany under the rule of the infamous dictator, Adolf Hitler, on the Jewish race. The Jewish populace in the genocide bore the brunt of extremism of the Nazis who committed the gory act of torture on innocent men, women and children. It is not a secret that torture is still used as one of the main interrogation techniques to procure information from the prisoners captured during war. World leaders and activists believe that usage of torture is a crime against humanity and it is necessary to put a blanket ban on usage of torture. However, many believe that it is within national security interest of many states to keep the world safe of attacks from foreign powers. In order to fulfil that duty, it is necessary to use any means necessary. This paper, within its ambit would try to provide logical reasoning as to why torture should be legalized and be used by states as an interrogation device which can be used to prevent significant harm to others and how it can be brought within the scope of extra-territorial application of European Convention of Human Rights (ECHR).