Johanna Westeson - The ICHRP

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- L. v. Lithuania, application no. 27527/03, 11 September 2007 - Van Kück v. Germany, application no. 35968/97, 12 June 2003 - Schlumpf v. Switzerland, application no 29002/06, 8 January 2009 - Kontrova v. Slovakia, application no. 7510/04, 31 May 2007 - Bevacqua and S. v. Bulgaria, application no. 71127/01, 12 June 2008 - Branko Tomasic and others v. Croatia, application no. 46598/06, 15 January 2009 - Opuz v. Turkey, application no. 33401/02, 9 June 2009 - C.R. v. the United Kingdom and S.W. v. the United Kingdom, application nos. 20166/92 and 20190/92, 22 November 1995 - M.C. v. Bulgaria, application no. 39272/98, 4 December 2003 - Aydin v. Turkey, application no. 23178/94, 25 September 1997 - Menesheva v. Russia, application no. 59261/00, 9 March 2006, final judgment 9 June 2006 - Maslova and Nalbandov v. Russia, application no. 839/02, 24 January 2008 - X. and Y. v. the Netherlands, application no. 8978/80, 26 March 1985 - E. and Others v. United Kingdom, application no. 33218/96, 26 November 2002 - Collins and Akaziebie v. Sweden, application no. 23944/05, Admissibility decision, 8 March 2007 - Baczkowski and others v. Poland, application no. 1543/06, 3 May 2007 - Nachova and others v. Bulgaria, application nos. 43577/98 and 43579/98, 6 July 2005 (Grand Chamber decision) - Angelova and Iliev v. Bulgaria, application no. 55523/00, 26 July 2007 - Stoica v. Romania, application no. 42722/02, 4 March 2008 - Rantsev v. Cyprus and Russia, application no. 25965/04, 7 January 2010 - Siliadin v. France, application no. 73316/01, 26 July 2005 - Tysiac v. Poland, application no. 5410/03, 20 March 2007 - Vo. v. France, application no. 53924/00, 8 July 2004 - Pichon and Sajous v. France, application no. 49853/99, Admissibility decision, 2 October 2001 - Yakovenko v. Ukraine, application no. 15825/06, 25 October 2007 - Khudobin v. Russia, application no. 59696/00, 26 October 2006 - Aleksanyan v. Russia, application no. 46468/06, 22 December 2008 - D. v. United Kingdom, case number 146/1996/767/964, 2 May 1997 - S.C.C. v. Sweden, application no. 46553/99, Admissibility decision, 15 February 2000 - Arcila Henao v. The Netherlands, application no. 13669/03, Admissibility decision, 24 June 2003 - Ndangoya v. Sweden, application no. 17868/03, Admissibility decision, of 22 June 2004 - Amegnigan v. the Netherlands, application no. 25629/04, Admissibility decision, 25 November 2004 - N. v. United Kingdom, application no. 26565/05, 27 May 2008 - Kjeldsen, Busk Madsen and Pederson v. Kingdom of Denmark, application nos. 5095/71; 5920/72; 5926/72, 7 December 1976 - Open Door and Dublin Well Woman v. Ireland, application nos. 14234/88 and 14235/88, 29 October 1992 - Women on Waves and others v. Portugal, application 31276/05, 3 February 2009 - Müller and others v. Switzerland, application no. 10737/84, 24 May 1988 European Commission of Human Rights - Sutherland v. United Kingdom, application no. 25186/94, 1 July 1997 - Bibi v. the United Kingdom, application no. 19628/92, 29 June 1992 - M. and O.M. v the Netherlands, application 12139/86, 5 October 1987 - E.A and A.A v. the Netherlands, application 14501/89, 6 January 1992 - Karara v. Finland, no. 40900/98, 29 May 1998 - Scherer v. Switzerland, no. 17116/90, 14 January 1993 - X ltd. and Y v. United Kingdom, application no. 8710/79, 7 May 1982 European Committee of Social Rights - International Centre for the Legal Protection of Human Rights (INTERRIGHTS) v. Croatia, complaint no. 45/2007, 30 March 2009 European Union European Court of Justice - Gabrielle Defrenne v Société Anonyme Belge de Navigation Aérienne Sabena, Case 43/75, 8 April 1976 298
- Gabrielle Defrenne v Société Anonyme Belge de Navigation Aérienne Sabena, Case 149/77, 15 June 1978 - Maruko v. Versorgungsanstalt der deutschen Bühnen, Case C-267/06, 1 April 2008 - P. v. S. and Cornwall County Council, Case C-13/94, 30 April 1996 - K.B. v. National Health Service Pensions Agency and Secretary of State for Health, Case C-117/01, 7 January 2004 - Richards v. Secretary of State for Work and Pensions, Case C-423/04, 27 April 2006 - X v. Commission, Case C-404/92 P, 5 October 1994, appeal against a judgment of the Court of First Instance - Netherlands v. Ann Florence Reed, Case C-59/85, 17 April 1986 - The Society for the Protection of Unborn Children Ireland Ltd. v Stephen Grogan and others, Case C-159/90, 5 March 1990 - Adoui and Cornuaille v. Belgian State, Cases C-115 and 116/81, 18 May 1982 - Aldona Malgorzata Jany and Others v Staatssecretaris van Justitie, Case C-268/99, 20 November 2001 - Lili Georgieva Panayotova and Others v Minister voor Vreemdelingenzaken en Integratie, Case C- 327/02, 16 November 2004 DOMESTIC Austria - Senat II Federal Equal Treatment Commission/7. Gutachten, 178 1 (2006) - VfGH 21.06.2002, Austrian Constitutional Court, G 6/02, 21 June 2002 - VwGH 27.02.2009, 2008/17/0054, Austrian Administrative High Court, 27 February 2009 Belgium - Merck, Sharp and Dohme BV v. Belgium, Belgian Constitutional Court, case 150/2006, 11 October 2006 Germany - BVerwG 2 WD 9.06, German Federal Administrative Court, 24 April 2007 - 2 BvR 392/07, German Federal Constitutional Court, 26 February 2008 - 1 BvL 3/03, German Federal Constitutional Court, 6 December 2005 - 1 BvL 10/05, German Federal Constitutional Court, 27 May 2008 - 5U 51/08, Civil Appeals Court Cologne, 3 September 2008 - BverfGE 39, 1, German Federal Constitutional Court, 25 February 1975 - 1 BvR 1358/09, German Federal Constitutional Court, 21 July 2009 Hungary - Decision of the Constitutional Court No. 14/1995 (III. 13.), 13 March 1995 - Decision of the Constitutional Court No. 154/2008 (XII.17), 15 December 2008 Israel - El Al Israel Airlines Ltd. v The Respondents: Yonatan Danilowitz & The National Labor Court, Case no. 721/94, 30 November 1994 Italy - Decision no. 161 of 23 May 1985, Italian Constitutional Court - Decision no. 26345 of 25 June 2009, Italian Constitutional Court - Decision no. 37352 of 10 October 2007, Italian Supreme Court - Decision No. 8286/2010 of 3 March 2010, Italian Supreme Court Netherlands - NJ 1994/347, Dutch Supreme Court, 18 June 1993, no. 15015 - 2659/03 IV/SB, AR1860, Dutch Supreme Court, Criminal Section, 18 January 2005, no. 02659/03 Slovenia - Decision U-I-425/06-10, Slovenian Constitutional Court, 2 July 2009 299
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SEXUAL HEALTH AND HUMAN RIGHTS: EUR
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ACKNOWLEDGMENTS This report was wri
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In choosing these eight topics, and
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amputation, or arbitrary imprisonme
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headquarters situated in Strasbourg
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unfounded applications: the applica
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margin. 18 This standard has been k
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financial, and democratic supervisi
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EU and the Euro as its currency. Th
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3. Domestic legal systems As mentio
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METHODOLOGY The WHO project on sexu
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Because this report, and the projec
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grounds for discrimination. Gender
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assume large parts of her household
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In Lustig-Prean and Beckett v. the
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asis of family responsibilities (Ar
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promote social justice and protecti
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ground that the scheme did not cove
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ut also to discrimination arising f
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Many constitutions call for equalit
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The three criminal provisions inclu
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eassignment is defined broadly, ref
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iv.4. Gender identity discriminatio
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harassed workers out of their emplo
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epealed accordingly, but the conten
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and reactive) steps to protect the
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features of sexual harassment have
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harassment to make a claim against
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4. Regional non-binding material Th
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he or she he has “no disease caus
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In other European countries, calls
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Article 10 addresses reasons for pe
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her country of origin and cannot re
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compromised medical privacy or doub
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whether or not the participants wer
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uns contrary to EU non-discriminato
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provision criminalizing sexual rela
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2B. CRIMINALIZATION OF HIV TRANSMIS
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Swedish courts had determined that
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infected the women. In the lower co
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Several prosecutions of cases of HI
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unprotected sex), and can prohibit
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The case, when reaching the Court,
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material on the internet blurring,
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a balancing act on behalf of the le
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4. Domestic legislation, case law,
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5. Concluding remarks Given the sca
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2. Council of Europe Jurisprudence
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leaves room for forced examinations
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3A. SAME-SEX MARRIAGE, PARTNERSHIP,
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The Court made clear that there is
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extend the scope of this Convention
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violating the principle of non-disc
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held that the law was introducing a
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In France, registered partnership i
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eform. Thus, allowing for same-sex
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woman have the right to marry accor
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The law makes clear that the two pa
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opposite sex. While the Hungarian,
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In the European region, divorce is
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5. Concluding remarks In Johnson, t
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concern that such legislation could
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exceptions: countries that have cho
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3E. POLYGAMY/POLYGYNY 1. Introducti
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4. Domestic legislation In France,
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In relation to the above, it is rel
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In the European region, there are f
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United Kingdom, 414 the Court consi
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(2) Whoever completes an act of sex
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characteristics are important featu
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discrimination, whereas laws agains
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2. Council of Europe Jurisprudence
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It is possible but not certain that
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When an application has been grante
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Case law: partnership rights for pr
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investigation and the provision of
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In a couple of decisions, the Europ
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very practical aspect of gender ide
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Case law: the right to respect for
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pathologizing the issue of transsex
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gender. Specific legal issues invol
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concerning their young child. Howev
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world, with work, health services,
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on repeated occasions from her husb
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Similarly, the European Commission
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a person who has been acquitted of
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[w]hoever, on repeated occasions or
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International human rights standard
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In M.C. v. Bulgaria, 523 the applic
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With regard to the failure to effec
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Italy offers another example in the
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In Russia, the Supreme Court has pr
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testimony of the victim in rape tri
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number and passport details within
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condemnation of immunity for marita
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some regions have exempted from pen
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The 2007 Council of Europe Conventi
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European Social Charter and the Eur
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takes place, or whether the prosecu
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either to persons who were in fact
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permanently changes them will be se
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6. Concluding remarks European laws
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event of police abuse, on the other
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Greece illustrates this trend. In 2
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(a) must treat the fact that the of
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5E. HONOR CRIMES 1. Introduction Pr
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making provision for penalties to b
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that a decision of the family assem
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(Article 62.2). Mitigation of the s
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persons, regardless of what kind of
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purpose of exploitation) (Art. 4a).
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victims will be granted “standard
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e guilty of an offence, if the traf
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expanded. For example, a victim can
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last decade, on regional as well as
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sexual health services interacts wi
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provide abortion services at a mini
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Convention. These procedures, the C
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5. Domestic legislation and case la
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pregnant woman is disabled or dies
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document the patient’s opportunit
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Generally, it has been difficult to
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2. to provide advisory and educatio
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Page 249 and 250: 5. Concluding remarks It is difficu
Page 251 and 252: information about contraceptive met
Page 253 and 254: sex with women) is to provide insuf
Page 255 and 256: a democratic society, the Court rei
Page 257 and 258: 3. European Union The issues of sex
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Page 261 and 262: 5. Concluding remarks The European
Page 263 and 264: conveyed via texts, images, and spe
Page 265 and 266: images can be easily known from the
Page 267 and 268: considered necessary in a democrati
Page 269 and 270: 3. European Union The Council of th
Page 271 and 272: In 2008, the Criminal Justice and I
Page 273 and 274: By contrast, in Baczkowski, the Cou
Page 275 and 276: however, the dominance of criminali
Page 277 and 278: Other legal regimes are more rights
Page 279 and 280: The Assembly recommends Council of
Page 281 and 282: Netherlands, when they had not prev
Page 283 and 284: number. 896 As of late October 2009
Page 285 and 286: offence only if it includes exploit
Page 287 and 288: Zoning laws are determined by local
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Page 293 and 294: DOMESTIC Albania - Law no. 9669 of
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Page 297: APPENDIX II: TABLE OF CASES Within
Page 302 and 303: APPENDIX IV: SELECT BIBLIOGRAPHY Ha
Page 304: STI AIDS Netherlands, “A Delicate
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Johanna Westeson - The ICHRP

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