After several years of controversy and uncertainty, on 8 April 2010 the Bribery Act 2010 received the Royal Assent. The Act swept away the unsatisfactory, fragmented and complex corruption offences at common law and under the Prevention of Corruption Acts 1889-1916 and in their place created two general corruption offences (the offence of bribing another person and the offence of being bribed, each of which may be committed in the public or private sector), a discrete offence of the bribery of a foreign public official and an entirely new offence of failure by a commercial organisation to prevent a bribe being paid.
{"title":"COMBATING CORRUPTION: SOME REFLECTIONS ON THE USE OF THE OFFENCE AND THE TORT OF MISCONDUCT/MISFEASANCE IN A PUBLIC OFFICE","authors":"J. Hatchard","doi":"10.5750/DLJ.V24I1.392","DOIUrl":"https://doi.org/10.5750/DLJ.V24I1.392","url":null,"abstract":"After several years of controversy and uncertainty, on 8 April 2010 the Bribery Act 2010 received the Royal Assent. The Act swept away the unsatisfactory, fragmented and complex corruption offences at common law and under the Prevention of Corruption Acts 1889-1916 and in their place created two general corruption offences (the offence of bribing another person and the offence of being bribed, each of which may be committed in the public or private sector), a discrete offence of the bribery of a foreign public official and an entirely new offence of failure by a commercial organisation to prevent a bribe being paid.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124380376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
States have long expressed some resistance towards granting the right of self-determination to identifiable groups of people within their boundaries. This includes the granting of the right to minorities and to indigenous groups. One of the ways in which this reluctance reveals itself is in States‟ resistance to the granting of recognition of “peoples” to certain groups. States, it would seem, draw the erroneous conclusion that recognition of groups as “peoples” under international law will inexorably lead to such “peoples” asserting a right to self-determination and with that an unfettered ability to secede from the state. However states‟ fear of indigenous secession has no realistic basis. Yet states continually resist the idea of indigenous self-determination.
{"title":"INDIGENOUS SELF-DETERMINATION: THE ROOT OF STATE RESISTANCE","authors":"Sarah Sargent, G. Melling","doi":"10.5750/DLJ.V24I1.394","DOIUrl":"https://doi.org/10.5750/DLJ.V24I1.394","url":null,"abstract":"States have long expressed some resistance towards granting the right of self-determination to identifiable groups of people within their boundaries. This includes the granting of the right to minorities and to indigenous groups. One of the ways in which this reluctance reveals itself is in States‟ resistance to the granting of recognition of “peoples” to certain groups. States, it would seem, draw the erroneous conclusion that recognition of groups as “peoples” under international law will inexorably lead to such “peoples” asserting a right to self-determination and with that an unfettered ability to secede from the state. However states‟ fear of indigenous secession has no realistic basis. Yet states continually resist the idea of indigenous self-determination.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125384612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Where a bill of lading is issued under a charterparty, however, and where it expressly incorporates the charterparty’s arbitration clause into its terms, the parties to the contract of carriage contained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Wilson notes that “[a] strict contra proferentem approach has been adopted towards [attempts to incorporate charterparty arbitration clauses into bills of lading] since, while arbitration clauses are common in charterparties, hey are rarely found in bills of lading.” Three conditions must be met in order for a charterparty arbitration clause to be successfully incorporated into the bill of lading. First of all, “the operative words of incorporation must be found in the bill of lading itself”. Secondly such words must be suitable to describe the charterparty clause that is being incorporated. Finally, the incorporated clause must be consistent with the terms of the bill of lading, and in the event of conflict, the provisions of the bill of lading will prevail.
{"title":"INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS","authors":"Miriam A. Goldby","doi":"10.5750/DLJ.V19I1.382","DOIUrl":"https://doi.org/10.5750/DLJ.V19I1.382","url":null,"abstract":"This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Where a bill of lading is issued under a charterparty, however, and where it expressly incorporates the charterparty’s arbitration clause into its terms, the parties to the contract of carriage contained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Wilson notes that “[a] strict contra proferentem approach has been adopted towards [attempts to incorporate charterparty arbitration clauses into bills of lading] since, while arbitration clauses are common in charterparties, hey are rarely found in bills of lading.” Three conditions must be met in order for a charterparty arbitration clause to be successfully incorporated into the bill of lading. First of all, “the operative words of incorporation must be found in the bill of lading itself”. Secondly such words must be suitable to describe the charterparty clause that is being incorporated. Finally, the incorporated clause must be consistent with the terms of the bill of lading, and in the event of conflict, the provisions of the bill of lading will prevail.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114170212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
SEXUAL INFIDELITY AND LOSS OF SELF-CONTROL: CONTEXT OR CAMOUFLAGE? R v Clinton and others involved three appeals from trial on various matters concerning the “loss of control” partial defence to murder created by the Coroners and Justice Act 2009 („the Act‟).1 This case commentary is concerned with the appeal of Jon Jacques Clinton, as it addressed the ambit of the Act‟s controversial exclusion of sexual infidelity from the grounds upon which a defendant can base her loss of self-control.2 The Court of Appeal‟s decision (Lord Chief Justice, Henriques J, Gloster J) is not uncontroversial itself, since it has significantly reduced the potential ambit of this exclusion.
性不忠和自我控制的丧失:背景还是伪装?R v Clinton和其他案件涉及三项上诉，涉及《2009年验尸官和司法法案》(“该法案”)所规定的“失去控制”部分谋杀辩护本案例评论与乔恩·雅克·克林顿的上诉有关，因为它解决了该法案的争议范围，该法案将性不忠排除在被告丧失自我控制的理由之外上诉法院的判决(首席大法官Henriques J, Gloster J)本身并非没有争议，因为它极大地缩小了这一排除的潜在范围。
{"title":"R v Clinton and others","authors":"James Slater","doi":"10.5750/DLJ.V24I1.396","DOIUrl":"https://doi.org/10.5750/DLJ.V24I1.396","url":null,"abstract":"SEXUAL INFIDELITY AND LOSS OF SELF-CONTROL: CONTEXT OR CAMOUFLAGE? R v Clinton and others involved three appeals from trial on various matters concerning the “loss of control” partial defence to murder created by the Coroners and Justice Act 2009 („the Act‟).1 This case commentary is concerned with the appeal of Jon Jacques Clinton, as it addressed the ambit of the Act‟s controversial exclusion of sexual infidelity from the grounds upon which a defendant can base her loss of self-control.2 The Court of Appeal‟s decision (Lord Chief Justice, Henriques J, Gloster J) is not uncontroversial itself, since it has significantly reduced the potential ambit of this exclusion.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124105932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.
经常可以听到要求改革有关离婚经济规定的法律的呼声。司法部门、学术界、律师和准备离婚的人都对现行法律的问题性质和迫切需要作出改变表示关切然而，这些声音很少引起人们对离婚法本身固有的主要缺陷的注意。在20世纪后半叶主导家庭法辩论的离婚改革之战似乎已被放弃，随着2001年时任大法官欧文勋爵(Lord Irvine of lairing)的决定，1996年《家庭法法案》第二部分所载的离婚法重大改革不生效(见下文)。现在有一种不安的，而且在很大程度上是一种无声的接受，即大多数想要合法结束婚姻关系的配偶会找到这样做的方法。事实上，他们可能不得不诉诸于法律上的欺骗，有时甚至接近于彻底的欺骗，以确保他们的自由和开始一种新的法律关系的权利，这在很大程度上被忽视了。事实上，在许多家庭法教科书和家庭法课程中，离婚的话题很少被讨论。它被视为一个行政程序，几乎没有法律内容。法院审理的少数几起案件也同样得不到充分的处理，即使这些案件引起了人们对现行法律中一些基本问题的注意，而现行法律既过时又令人困惑。
{"title":"DIVORCE IN ENGLAND AND WALES: TIME FOR REFORM","authors":"M. Welstead","doi":"10.5750/DLJ.V24I1.390","DOIUrl":"https://doi.org/10.5750/DLJ.V24I1.390","url":null,"abstract":"The clamour of voices crying out for reform of the law relating to financial provision on divorce is regularly heard. The judiciary, the academic community, lawyers and prospective divorcees have all expressed concern about the problematic nature of the current law and the urgent need for change.1 Yet these same voices rarely draw attention to the major defects inherent in divorce law itself. The battle for divorce reform which dominated the family law debate during the latter part of the 20th century appears to have been abandoned, along with the decision in 2001 by Lord Irvine of Lairg, the then Lord Chancellor, not to bring into force the major reforms to divorce law contained in Part II of the Family Law Act 1996 (see below). There is now an uneasy and, for the most part, a silent acceptance that the majority of spouses who want to bring their relationship to a legal end will find a way of doing so. The fact that they might have to resort to a massaging of the law, which may at times border on outright dishonesty, to secure their freedom and the right to embark on a new legal relationship, is largely ignored. Indeed in many family law textbooks and family law courses, the topic of divorce is barely discussed. It is viewed as an administrative process with little legal content to it. The few cases which do come before the courts are given similar scant treatment, even when they draw attention to the fundamental problems in the current law, a law which is both outdated and confusing.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"390 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126744911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The potency of the phrase „The Arab Spring‟ remains undiminished by its over-use since a young Tunisian man, Mohamed Bouazizi, set himself on fire on 18 December 2010. In much the same way as the domino effect of the fall of the Berlin Wall, references to the Arab Spring provide a short-hand description of the wave of public demonstrations and violent reprisals that have occurred, and continue to occur, across the entire Middle East. The fall-out of these events have also spread beyond the region; for instance, the coup d’etat in Mali (21 March 2012) and even the protests attendant upon the presidential election of Vladimir Putin in Russia have all been ascribed to this climatic event. Crucially, the Arab Spring has also resulted in the adjustment and re-alignment of global politics and alliances. No better example of this is provided by the undignified scramble by US politicians on both sides of the political divide to sunder their long-standing political, economic and military support of the regime of Egypt‟s Murbarak. And, ultimately, it has required western powers to attempt reconciliation with political Islam, or at the least, with the alleged „moderate‟ powers of the Islamic Brotherhood, who appear to have achieved their long-sought political ambitions through the ballot box.
{"title":"THE LIBYAN INTERVENTION: LEGITIMACY AND THE CHALLENGES OF THE ‘RESPONSIBILITY TO PROTECT’ DOCTRINE","authors":"Edward Philips","doi":"10.5750/DLJ.V24I1.391","DOIUrl":"https://doi.org/10.5750/DLJ.V24I1.391","url":null,"abstract":"The potency of the phrase „The Arab Spring‟ remains undiminished by its over-use since a young Tunisian man, Mohamed Bouazizi, set himself on fire on 18 December 2010. In much the same way as the domino effect of the fall of the Berlin Wall, references to the Arab Spring provide a short-hand description of the wave of public demonstrations and violent reprisals that have occurred, and continue to occur, across the entire Middle East. The fall-out of these events have also spread beyond the region; for instance, the coup d’etat in Mali (21 March 2012) and even the protests attendant upon the presidential election of Vladimir Putin in Russia have all been ascribed to this climatic event. Crucially, the Arab Spring has also resulted in the adjustment and re-alignment of global politics and alliances. No better example of this is provided by the undignified scramble by US politicians on both sides of the political divide to sunder their long-standing political, economic and military support of the regime of Egypt‟s Murbarak. And, ultimately, it has required western powers to attempt reconciliation with political Islam, or at the least, with the alleged „moderate‟ powers of the Islamic Brotherhood, who appear to have achieved their long-sought political ambitions through the ballot box.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126777657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A BEACON AGAINST THE PASSAGE AND IMPLEMENTATION OF REPRESSIVE LAW Following the felling, by aircraft, of the twin towers of the New York World Trade Centre on 11 September 2001, Western democracies have each passed a raft of ‘anti-terrorist’ or security legislation consistently criticised for breaching human and civil rights. On February 23rd 2007 the Canadian Supreme Court unanimously determined that provisions of Immigration and Refugee Protection Act 2001 (Canada) purporting to protect citizens from terrorism and terrorists infringe the Canadian Charter of Rights and Freedoms ‘the Charter’).1 Albeit not going as far as the Applicants wished, the decision is an affirmation that governments and parliaments do not have carte blanche for restricting the rights of persons within a state’s borders in the name of protection and security.
{"title":"Charkaoui v Canada (Citizenship and Immigration), 2007 SCC 9 (23 February 2007), Docket 30762, 30929, 31178","authors":"J. Scutt","doi":"10.5750/DLJ.V19I1.385","DOIUrl":"https://doi.org/10.5750/DLJ.V19I1.385","url":null,"abstract":"A BEACON AGAINST THE PASSAGE AND IMPLEMENTATION OF REPRESSIVE LAW Following the felling, by aircraft, of the twin towers of the New York World Trade Centre on 11 September 2001, Western democracies have each passed a raft of ‘anti-terrorist’ or security legislation consistently criticised for breaching human and civil rights. On February 23rd 2007 the Canadian Supreme Court unanimously determined that provisions of Immigration and Refugee Protection Act 2001 (Canada) purporting to protect citizens from terrorism and terrorists infringe the Canadian Charter of Rights and Freedoms ‘the Charter’).1 Albeit not going as far as the Applicants wished, the decision is an affirmation that governments and parliaments do not have carte blanche for restricting the rights of persons within a state’s borders in the name of protection and security.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134574728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Philippe Sands (Penguin Books, London 2006) Paperback, Pp 432, ISBN 9780141017990, £8.99 This being the first book that I have ever read dedicated exclusively to international law, I was not certain what to expect. I did not feel disappointed or out of my depth with “Lawless World” however, as Professor Sands writes clearly and authoritatively on subject-matter which will be quite familiar to most readers: the Pinochet trial, the Kyoto Protocol, trade rules, foreign investment, Abu Ghraib and Guantanamo, the Iraq War and torture.
{"title":"LAWLESS WORLD: MAKING AND BREAKING GLOBAL RULES","authors":"Jason Mink","doi":"10.5750/DLJ.V19I1.388","DOIUrl":"https://doi.org/10.5750/DLJ.V19I1.388","url":null,"abstract":"Philippe Sands (Penguin Books, London 2006) Paperback, Pp 432, ISBN 9780141017990, £8.99 This being the first book that I have ever read dedicated exclusively to international law, I was not certain what to expect. I did not feel disappointed or out of my depth with “Lawless World” however, as Professor Sands writes clearly and authoritatively on subject-matter which will be quite familiar to most readers: the Pinochet trial, the Kyoto Protocol, trade rules, foreign investment, Abu Ghraib and Guantanamo, the Iraq War and torture.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123277360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
At a European inter-state level, both the Council of Europe and the European Union (EU) have developed cooperation in criminal matters between European jurisdictions. Although the EU represents a deeper form of integration and cooperation in legal terms than does the Council of Europe, the EU also has to date preferred a looser ‘intergovernmental’ means of cooperation in police and criminal matters, as compared to the degree of integration of the common market. This reluctance to integrate, to a greater degree, national systems of criminal law is reflected in the relatively limited nature of the pre-existing Council of Europe framework of instruments in the field. This article seeks to illustrate this point through an assessment of three of the most relevant Council of Europe instruments – the European Convention of Human Rights, the Convention on Mutual Assistance in Criminal Matters, and the Convention on Extradition – in the light of recent EU developments.
{"title":"The Council of Europe as a Normative Backdrop to Potential European Integration in the Sphere of Criminal Law","authors":"G. Conway","doi":"10.5750/DLJ.V19I1.380","DOIUrl":"https://doi.org/10.5750/DLJ.V19I1.380","url":null,"abstract":"At a European inter-state level, both the Council of Europe and the European Union (EU) have developed cooperation in criminal matters between European jurisdictions. Although the EU represents a deeper form of integration and cooperation in legal terms than does the Council of Europe, the EU also has to date preferred a looser ‘intergovernmental’ means of cooperation in police and criminal matters, as compared to the degree of integration of the common market. This reluctance to integrate, to a greater degree, national systems of criminal law is reflected in the relatively limited nature of the pre-existing Council of Europe framework of instruments in the field. This article seeks to illustrate this point through an assessment of three of the most relevant Council of Europe instruments – the European Convention of Human Rights, the Convention on Mutual Assistance in Criminal Matters, and the Convention on Extradition – in the light of recent EU developments.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123533301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Responsible and caring parents seek the best possible medical care for their children. In the case of parents who are Jehovah’s Witnesses their religious beliefs prohibit medical intervention which uses blood. This prohibition specifically includes the refusal of blood transfusions even where such a refusal may result in the death of the person concerned. Jehovah’s Witnesses as a result are often viewed with animosity or contempt, considered foolhardy and recklessly disregarding life, martyring themselves and their children. This article seeks to examine the religious origins of the blood prohibition and attempts to set the rationale for refusal in its religious context. It also explores the approach of the courts in the UK, the US and Canada to Jehovah’s Witnesses children (supported by their parents) including those who have expressed a wish to refuse such treatment or else have been too young to do so. It concludes with presenting such refusal as a religious right which it is argued engages article 9 of the European Convention on Human Rights (ECHR).
{"title":"JEHOVAH’S WITNESSES – MEDICAL CARE, MINORS AND THE RELIGIOUS RITE/RIGHT","authors":"D. Ziebart","doi":"10.5750/DLJ.V19I1.384","DOIUrl":"https://doi.org/10.5750/DLJ.V19I1.384","url":null,"abstract":"Responsible and caring parents seek the best possible medical care for their children. In the case of parents who are Jehovah’s Witnesses their religious beliefs prohibit medical intervention which uses blood. This prohibition specifically includes the refusal of blood transfusions even where such a refusal may result in the death of the person concerned. Jehovah’s Witnesses as a result are often viewed with animosity or contempt, considered foolhardy and recklessly disregarding life, martyring themselves and their children. This article seeks to examine the religious origins of the blood prohibition and attempts to set the rationale for refusal in its religious context. It also explores the approach of the courts in the UK, the US and Canada to Jehovah’s Witnesses children (supported by their parents) including those who have expressed a wish to refuse such treatment or else have been too young to do so. It concludes with presenting such refusal as a religious right which it is argued engages article 9 of the European Convention on Human Rights (ECHR).","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126186280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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