European Design Law: Considerations Relating to Protection of Spare Parts for Restoring a Complex Product's Original Appearance
In: IIC - International Review of Intellectual Property and Competition Law, Band 46, Heft 8, S. 915-919
ISSN: 2195-0237
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In: IIC - International Review of Intellectual Property and Competition Law, Band 46, Heft 8, S. 915-919
ISSN: 2195-0237
In: Humanity: an international journal of human rights, humanitarianism, and development, Band 6, Heft 3, S. 411-420
ISSN: 2151-4372
In: Humanity: an international journal of human rights, humanitarianism, and development, Band 6, Heft 3, S. 429-463
ISSN: 2151-4372
The rise of neoliberalism and the end of the Cold War ushered in a prolonged crisis of "development" as applied to the peoples of Africa, Asia and Latin America. Faced with an impasse, historians and other social scientists set out on a novel journey to examine development as history . They proposed using history as the methodology for understanding development, rather than constructing development theories to explain history and model the future. In this first of a two-part article, some of the most important contributions to the "first wave" of writing the history of development are examined. Poststructuralist analysts were the first to lay out a genealogical framework, but they were soon followed by scholars in the field of U.S. diplomatic history who initiated a parallel investigation of the history of modernization. Much of the scholarship produced in the 1990s centered on the importance of discourse, particularly high policy statements, theories, and ideologies. The concern with discourse shaped the new field in crucial ways: researchers fixed their attention on conceptual or intellectual frameworks, and perceived development from a Western and elitist perspective. Consequently, development's totalizing claims and undifferentiated impact were accepted largely at face value. The limitations of this type of approach had become manifest by the end of the decade.
In: Humanity: an international journal of human rights, humanitarianism, and development, Band 6, Heft 3, S. 361-386
ISSN: 2151-4372
Much of the anxiety concerning "privacy" in contemporary conditions of data immersion—which I here characterize as "life in the datasphere" —may be better understood by reference to the neglected notion of conscience. This article undertakes an historical inquiry into this rich concept to reframe the debate on privacy, law and technology. To simplify, "conscience" has historically articulated an impulse either to hide from an omniscient moral authority ("bad conscience") or to act righteously according to informed reason ("good conscience"). Originating as a powerful premodern governing principle combining personal with public morality—notably in the medieval notion of synderesis —the personal and political content of conscience were each effectively critiqued by, respectively (in the examples I investigate here), Freud and Hobbes. The concept itself became ultimately marginal to public life. In this article I suggest that conscience in both guises returns forcefully under conditions of data ubiquity, pointing to broader shift in political settlements.
In: Humanity: an international journal of human rights, humanitarianism, and development, Band 6, Heft 3, S. 421-427
ISSN: 2151-4372
"What the Holy See Saw – and Didn't See" reflects on and historically contextualizes selected images from the virtual exhibition mounted by the nascent Palestinian Museum on the occasion of Pope Francis's 2014 visit to the Holy Land with particular reference to photography in Palestine and current debates over Palestinian cultural politics.
In: Humanity: an international journal of human rights, humanitarianism, and development, Band 6, Heft 3, S. 387-409
ISSN: 2151-4372
Related by distinct, commoditization happens when human rights is distributed in forms that mimic commodity merchandising, while commodification occurs when human rights information becomes a commodity, subject to intellectual property restrictions. I recount a story of the transition from commoditization to commodification, in which an allegation of contemporary slavery in Dominican Republic sugar production attains greater visibility and verisimilitude through what Bolter and Grusin term "remediation," the repeated transfer of a message from one activist communications medium to another. The allegation moves from independent video, to journalistic coverage, to inclusion in a U.S. government-produced global human rights index, and is then outsourced by the government for further fact-finding, "offshored" for investigation, and the knowledge thus produced ultimately repatriated for processing by the contractor. Distortions and inequities follow, reminiscent of those produced by global supply chains, including the alienation of the Dominican field investigators from control of the knowledge they produced.
In: Humanity: an international journal of human rights, humanitarianism, and development, Band 6, Heft 3, S. 479-480
ISSN: 2151-4372
In: Journal of the International AIDS Society, Band 18, Heft 6S5
ISSN: 1758-2652
IntroductionMany women living with HIV can have safe, healthy and satisfying sexual and reproductive health, but there is still a long way to go for this to be a reality, especially for the most vulnerable amongst them who face repeated violations of their rights.DiscussionThe contributions in this Supplement from researchers, clinicians, programme managers, policy makers, and women living with HIV demands an important appreciation that the field of sexual and reproductive health and human rights for women living with HIV is complex on many levels, and women living with HIV form a very diverse community.ConclusionsThe manuscripts emphasize that attention must be paid to the following critical dimensions: 1) Placing human rights and gender equality at the centre of a comprehensive approach to health programming, in particular in relation to sexuality and sexual health; 2) Ensuring health systems responsiveness to minimizing inequalities in access to health care and quality of care that often do not meet the needs of women living with HIV; 3) Engaging and empowering women living with HIV in the development of policies and programmes that affect them; and 4) Strengthening monitoring, evaluation and accountability procedures to provide good quality data and ensuring remedies for violations of health and human rights of women living with HIV.
In: Journal of the International AIDS Society, Band 18, Heft 6S5
ISSN: 1758-2652
IntroductionThis commentary provides the rationale and makes a call for greater investment and effort to meet the sexual and reproductive health (SRH) problems of adolescent girls living with HIV in low‐ and middle‐income countries (LMIC).DiscussionAdolescent girls in LMIC are at a greater risk of acquiring HIV infection than their male peers. They also face a number of other serious SRH problems – early pregnancy, pregnancy‐ and childbirth‐related complications, unsafe abortions, sexual abuse and intimate partner violence and sexually transmitted infections. While many LMIC have made notable progress in preventing HIV in children and adults and in improving the access of these population groups to HIV treatment and care, adolescents in general and adolescent girls in particular have not received the same effort and investment.ConclusionsMuch more needs to be done to implement proven approaches to prevent new HIV infections in adolescent girls in LMIC and to meet the needs of those living with HIV.
In: Journal of the International AIDS Society, Band 18, Heft 6S5
ISSN: 1758-2652
IntroductionWomen living with HIV are vulnerable to gender‐based violence (GBV) before and after diagnosis, in multiple settings. This study's aim was to explore how GBV is experienced by women living with HIV, how this affects women's sexual and reproductive health (SRH) and human rights (HR), and the implications for policymakers.MethodsA community‐based, participatory, user‐led, mixed‐methods study was conducted, with women living with HIV from key affected populations. Simple descriptive frequencies were used for quantitative data. Thematic coding of open qualitative responses was performed and validated with key respondents.ResultsIn total, 945 women living with HIV from 94 countries participated in the study. Eighty‐nine percent of 480 respondents to an optional section on GBV reported having experienced or feared violence, either before, since and/or because of their HIV diagnosis. GBV reporting was higher after HIV diagnosis (intimate partner, family/neighbours, community and health settings). Women described a complex and iterative relationship between GBV and HIV occurring throughout their lives, including breaches of confidentiality and lack of SRH choice in healthcare settings, forced/coerced treatments, HR abuses, moralistic and judgemental attitudes (including towards women from key populations), and fear of losing child custody. Respondents recommended healthcare practitioners and policymakers address stigma and discrimination, training, awareness‐raising, and HR abuses in healthcare settings.ConclusionsRespondents reported increased GBV with partners and in families, communities and healthcare settings after their HIV diagnosis and across the life‐cycle. Measures of GBV must be sought and monitored, particularly within healthcare settings that should be safe. Respondents offered policymakers a comprehensive range of recommendations to achieve their SRH and HR goals. Global guidance documents and policies are more likely to succeed for the end‐users if lived experiences are used.
In: Journal of the International AIDS Society, Band 18, Heft 6S5
ISSN: 1758-2652
IntroductionGlobally, women constitute 50% of all persons living with HIV. Gender inequalities are a key driver of women's vulnerabilities to HIV. This paper looks at how these structural factors shape specific behaviours and outcomes related to the sexual and reproductive health of women living with HIV.DiscussionThere are several pathways by which gender inequalities shape the sexual and reproductive health and wellbeing of women living with HIV. First, gender norms that privilege men's control over women and violence against women inhibit women's ability to practice safer sex, make reproductive decisions based on their own fertility preferences and disclose their HIV status. Second, women's lack of property and inheritance rights and limited access to formal employment makes them disproportionately vulnerable to food insecurity and its consequences. This includes compromising their adherence to antiretroviral therapy and increasing their vulnerability to transactional sex. Third, with respect to stigma and discrimination, women are more likely to be blamed for bringing HIV into the family, as they are often tested before men. In several settings, healthcare providers violate the reproductive rights of women living with HIV in relation to family planning and in denying them care. Lastly, a number of countries have laws that criminalize HIV transmission, which specifically impact women living with HIV who may be reluctant to disclose because of fears of violence and other negative consequences.ConclusionsAddressing gender inequalities is central to improving the sexual and reproductive health outcomes and more broadly the wellbeing of women living with HIV. Programmes that go beyond a narrow biomedical/clinical approach and address the social and structural context of women's lives can also maximize the benefits of HIV prevention, treatment, care and support.
In: Journal of the International AIDS Society, Band 18, Heft 6S5
ISSN: 1758-2652
IntroductionSupporting individuals as they disclose their HIV serostatus may lead to a variety of individual and public health benefits. However, many women living with HIV are hesitant to disclose their HIV status due to fear of negative outcomes such as violence, abandonment, relationship dissolution and stigma.MethodsWe conducted a systematic review of studies evaluating interventions to facilitate safer disclosure of HIV status for women living with HIV who experience or fear violence. Articles, conference abstracts and programme reports were included if they reported post‐intervention evaluation results and were published before 1 April 2015. Searching was conducted through electronic databases for peer‐reviewed articles and conference abstracts, reviewing websites of relevant organizations for grey literature, hand searching reference lists of included studies and contacting experts. Systematic methods were used for screening and data abstraction, which was conducted in duplicate. Study quality (rigor) was assessed with the Cochrane risk of bias tool.ResultsTwo interventions met the inclusion criteria: the Safe Homes and Respect for Everyone cluster‐randomized trial of combination HIV and intimate partner violence (IPV) services in Rakai, Uganda, and the South Africa HIV/AIDS Antenatal Post‐Test Support study individual randomized trial of an enhanced counselling intervention for pregnant women undergoing HIV testing and counselling. Both programmes integrated screening for IPV into HIV testing services and trained counsellors to facilitate discussions about disclosure based on a woman's risk of violence. However, both were implemented as part of multiple‐component interventions, making it impossible to isolate the impact of the safer disclosure components.ConclusionsThe existing evidence base for interventions to facilitate safe HIV serostatus disclosure for women who experience or fear violence is limited. Development and implementation of new approaches and rigorous evaluation of safe disclosure outcomes is needed to guide programme planners and policy makers.
In: Journal of the International AIDS Society, Band 18, S. 20834
ISSN: 1758-2652
In: Journal of the International AIDS Society, Band 18, Heft 6S5
ISSN: 1758-2652
IntroductionWomen represent nearly one‐quarter of the 71,300 people living with HIV in Canada. Within a context of widespread HIV‐related stigma and discrimination and on‐going risks to HIV disclosure, little is known about the influence of growing social, legal and public health surveillance of HIV on sexual activity and satisfaction of women living with HIV (WLWH).MethodsWe analyzed baseline cross‐sectional survey data for WLWH (≥16 years, self‐identifying as women) enrolled in the Canadian HIV Women's Sexual and Reproductive Health Cohort Study (CHIWOS), a multisite, longitudinal, community‐based research study in British Columbia (BC), Ontario (ON) and Quebec (QC). Sexual inactivity was defined as no consensual sex (oral or penetrative) in the prior six months, excluding recently postpartum women (≤6 months). Satisfaction was assessed using an item from the Sexual Satisfaction Scale for Women. Multivariable logistic regression analysis examined independent correlates of sexual inactivity.ResultsOf 1213 participants (26% BC, 50% ON, 24% QC), median age was 43 years (IQR: 35, 50). 23% identified as Aboriginal, 28% as African, Caribbean and Black, 41% as White and 8% as other ethnicities. Heterosexual orientation was reported by 87% of participants and LGBTQ by 13%. In total, 82% were currently taking antiretroviral therapy (ART), and 77% reported an undetectable viral load (VL<40 copies/mL). Overall, 49% were sexually inactive and 64% reported being satisfied with their current sex lives, including 49% of sexually inactive and 79% of sexually active women (p<0.001). Sexually inactive women had significantly higher odds of being older (AOR=1.06 per year increase; 95% CI=1.05–1.08), not being in a marital or committed relationship (AOR=4.34; 95% CI=3.13–5.88), having an annual household income below $20,000 CAD (AOR: 1.44; 95% CI=1.08–1.92), and reporting high (vs. low) HIV‐related stigma (AOR=1.81; 95% CI=1.09–3.03). No independent association was found with ART use or undetectable VL.ConclusionsApproximately half of WLWH in this study reported being sexually inactive. Associations with sexual dissatisfaction and high HIV‐related stigma suggest that WLWH face challenges navigating healthy and satisfying sexual lives, despite good HIV treatment outcomes. As half of sexually inactive women reported being satisfied with their sex lives, additional research is required to determine whether WLWH are deliberately choosing abstinence as a means of resisting surveillance and disclosure expectations associated with sexual activity. Findings underscore a need for interventions to de‐stigmatize HIV, support safe disclosure and re‐appropriate the sexual rights of WLWH.
In: Journal of the International AIDS Society, Band 18, Heft 6S5
ISSN: 1758-2652
IntroductionWomen living with HIV experience a disproportionate burden of mental health issues. To date, global guidelines contain insufficient guidance on mental health support, particularly regarding perinatal care. The aim of this article is to describe the extent and impact of mental health issues as experienced by women living with HIV on their sexual and reproductive health and human rights (SRH&HR).MethodsA global, mixed‐methods, user‐led and designed survey on SRH&HR of women living with HIV was conducted using snowball sampling, containing an optional section exploring mental health issues. Statistical quantitative data analysis included descriptive statistics, correlation and multiple linear regression analysis for the mental health responses. Thematic analysis of open free‐text responses was performed for qualitative data.ResultsA total of 832 respondents from 94 countries participated in the online survey with 489 responses to the optional mental health section. Of the respondents, 82% reported depression symptoms and 78% rejection. One‐fifth reported mental health issues before HIV diagnosis. Respondents reported experiencing a 3.5‐fold higher number of mental health issues after diagnosis (8.71 vs 2.48, t[488]=23.00, p<0.001). Nearly half (n=224; 45.8%) had multiple socially disadvantaged identities (SDIs). The number of SDIs was positively correlated with experiencing mental health issues (p<0.05). Women described how mental health issues affected their ability to enjoy their right to sexual and reproductive health and to access services. These included depression, rejection and social exclusion, sleep problems, intersectional stigma, challenges with sexual and intimate relationships, substance use and sexual risk, reproductive health barriers and human rights (HR) violations. Respondents recommended that policymakers and clinicians provide psychological support and counselling, funding for peer support and interventions to challenge gender‐based violence and to promote HR.ConclusionsInterventions addressing intersecting stigmas and any especial impacts of diagnosis during pregnancy are required to ensure women's SRH&HR. Global policy guidelines regarding women living with HIV must incorporate mental health considerations.