Johanna Westeson - The ICHRP

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APPENDIX IV: SELECT BIBLIOGRAPHY Hans Akveld and Dick Hessing, “Dutch Legal Responses to AIDS,” in Stanislaw Frankowski (ed.), Legal Responses to AIDS in Comparative Perspective, The Hague, 1998 James Baldwin, Disease and Democracy, Berkeley, 2005 Samantha Besson, “Gender Discrimination under EU and ECHR law: Never Shall the Twain Meet?”, Human Rights Law Review HRLR 8 (2002), 647-682 Vahit Bıçak and Edward Grieves, Mukayeseli Gerekceli, Türkce-Ingilizce, Türk Ceza Kanunu (Turkish- English translation of Turkish Penal Code), Ankara, 2007 James Chalmers, Legal Responses to HIV and AIDS, Portland, 2008 Council of Europe, Legislation in the Member States of the Council of Europe in the Field of Violence Against Women, EG (2004)2 Council of Europe, Legislation in the Member States of the Council of Europe in the Field of Violence Against Women, EG (2009)3 Jessika Deblonde et al, “Antenatal HIV Screening in Europe: a Review of Policies.” European J of Public Health v.17 no.5 (2007) Gunilla Ekberg, “The Swedish Law that Prohibits the Purchase of Sexual Services,” Violence Against Women, Vol. 10 No. 10, October 2004, 1187-1218 European Union Agency for Fundamental Rights (FRA), Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States, 2008 Aisha Gill, “Honor Killings and the Quest for Justice in Black and Minority Ethnic Communities in the United Kingdom”, Criminal Justice Policy Review Online First, January 2009 Global Rights, “Demanding Credibility and Sustaining Activism: A Guide to Sexuality-based Advocacy,” 2009 Joëlle Godard, “PaCS Seven Years On: Is it Moving Towards Marriage?,” Int. J. of Law, Policy and the Family, 21 (2007), 310-321 Birgitt Haller, ”The Austrian Legislation Against Domestic Violence”, report for Coordination Action Against Human Rights Violations, June 2005 Birgitt Haller et al, “The Austrian Protection against Domestic Violence Act 1996”, in Crime Policy in Europe, Council of Europe, 2004 Lori Heise, with Adrienne Germain and Jacqueline Pitanguy, Violence against Women: The Hidden Health Burden. Washington (World Bank), 1994 Lawrence Helfer, “Consensus, Coherence and the European Convention on Human Rights,” 26 Cornell Int’l L.J. (1993) Ewoud Hondius, “Precedent and the Law,” Electronic Journal of Comparative Law, vol. 11.3 (December 2007) Rosemary Horgan, ”The European Convention on Adoption 2008: Progressing the Children’s Rights Polemic,” International Family Law, September 2008 Sara Hossain and Lynn Welchmann (eds), ‘Honour.‘Crimes, paradigms and violence against women, London, 2005. Human Rights First, Overview: Hate Crime Report Card, 2007 Human Rights First, Violence Based on Sexual Orientation and Gender Identity Bias, 2008 Pinar Ilkkaracan (ed), Deconstructing Sexuality in the Middle East, Hampshire, 2008 International Centre for Reproductive Health, “Responding to female genital mutilation in Europe. Striking the right balance between prosecution and prevention,” 2009 International Planned Parenthood Federation (IPPF)/The SAFE Project, “A Reference Guide to Politics and Practices. Sexuality Education in Europe,” 2006 Mark W. Janis et al, European Human Rights Law, Oxford, 2000 302
Orit Kamir, “Israel’s 1998 Sexual Harassment Law: Prohibiting Sexual Harassment, Sexual Stalking, and Degradation Based on Sexual Orientation in the Workplace and in all Social Settings” (2005), 7 International Journal of Discrimination and the Law, 315-336 Barbara Kavemann and Heike Rabe, “The Act Regulating the Legal Situation of Prostitutes – implementation, impact, current developments” (2007), p. 10 Gregory A. Knott, ”Transsexual law unconstitutional: German Federal Constitutional Court demands reformation of law because of fundamental rights conflict,” Saint Louis University Law Journal 54 (2009- 10), p. 10. Nancy Krieger, “Genders, sexes, and health: what are the connections – and why does it matter?” Int J Epidemiol. 2003 Aug; 32(4):652-7 Slavka Kukova, “Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation, report on Bulgaria,” European Union Agency for Fundamental Rights/FRA (2008) Don Kulick, “Sex in the New Europe: the Criminalisation of Clients and Swedish Fear of Penetration,” Anthropological Theory, Vol. 3, No. 2, 199-218 (2003) Rick Lawson et al, “Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation – Netherlands,” European Union Agency for Fundamental Rights/FRA (2008) Paul Lemmens et al, “Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation – Belgium,” European Union Agency for Fundamental Rights/FRA (2008) Els Leye et al, “An analysis of the implementation of laws with regard to female genital mutilation in Europe,” Crime Law Soc Change (2007) 47:1-31. Ana Llanza i Sicart and Susana Navas Navaro, Matrimonio homosexual y adopción. Perspectiva nacional y internacional, Madrid, 2006 Kathy Mack, “Continuing Barriers to Women’s Credibility: A Feminist Perspective on the Proof Process.” 4 Crim. L.F. 327 (1993) Yuval Merin, Equality for same-sex couples: the legal recognition of gay partnerships in Europe and the United States, Chicago, 2002 John Henry Merryman and Rogelio Pérez-Perdomo, The civil law tradition: an introduction to the legal systems in Europe and Latin America, Stanford, 2007 Joanna Z. Mishtal, “Matters of ‘Conscience’: The Politics of Reproductive Healthcare in Poland.” Medical Anthropology Quarterly, v. 23 no. 2 (June 2009) Nuala Mole, “Asylum and the European Convention of Human Rights,” Council of Europe, 2000 Norwegian Ministry of Justice and the Police, “Purchasing Sexual Services in Sweden and the Netherlands. Legal Regulation and Experiences,” 2004 OSCE, Office for Democratic Institutions and Human Rights (ODIHR), Hate Crimes in the OSCE Region – Incidents and Responses. Annual Report for 2008 OSI/Penny Saunders, “Eight Working Papers/Case Studies Examining the Intersections of Sex Work Law, Policy, Rights and Health,” OSI June 2006 Svetlana V. Polubinskaya and Elana Vassilieva, “HIV-Specific Legislation in the Russian Federation,” 18 Med. & L. 351 (1999) Susan Power, “Legal Studies and the Potential for the Reform of Irish Rape Law” 2 Galway Student L. Rev. 77, 83-85 (2007) Anika Rahman and Nahid Toubia, Female genital mutilation: a guide to laws and policies worldwide, 2000, p. 152. Noya Rimalt, “Stereotyping Women, Individualizing Harassment: The Dignity Paradigm of Sexual Harassment Law Between the Limits of Law and the Limits of Feminism.” 19 Yale. J. L. & Feminism 391 (2008), Gayle Rubin, “The Traffic in Women: Notes on the Political Economy of Sex,” in Rayna Reiter (ed.), Toward an Anthropology of Women, New York, 1975 Edwige Rude-Antoine, “Forced marriages in Council of Europe member states: a comparative study of legislation and political intiatives,” Council of Europe (2005) 303
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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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not anonymous) treatment even thoug
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5. Concluding remarks It is difficu
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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
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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 291 and 292: sex workers (like other adults) hav
Page 293 and 294: DOMESTIC Albania - Law no. 9669 of
Page 295 and 296: Portugal - Law No 6/2001 of 11 May
Page 297 and 298: APPENDIX II: TABLE OF CASES Within
Page 299 and 300: - Gabrielle Defrenne v Société An
Page 304: STI AIDS Netherlands, “A Delicate
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Johanna Westeson - The ICHRP

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