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This chapter presents an in-depth analysis of Belgrade Pride between 2000 and 2015. It argues that the organisation of Belgrade Pride has predominantly been a product of particular configurations of domestic and international politics, in which the context of Serbia’s EU accession process has played an important role with diverging effects. Three phases are identified, which together present a story of engagement and disengagement of various political actors throughout the fifteen-year history of Belgrade Pride. Although it is a common opinion among activists and observers of LGBT rights in Serbia that Belgrade Pride happened because of the EU accession process, the chapter counters such assertions. And though it is undeniable that the EU and the accession process have played a key role in the three ‘successful’ Prides in 2010, 2014 and 2015, it is argued that a myopic view of these three Prides obscures the fact that the changing EU–Serbia relationship within the accession process has equally contributed to the reasons why Pride was banned for three consecutive years. Finally, the chapter argues that the return of Belgrade Pride is better conceived of as, what the monograph labels, ‘tactical Europeanisation’ – i.e. a performative act to communicate the readiness to Europeanise by aligning oneself with certain ‘European norms’, while disengaging and undermining with the underlying principles of the norm at the domestic level.
In this chapter we consider the schemes by which patients seek accountability when things go wrong with their or their relatives’ treatment. We consider the interaction between mechanisms designed to provide answers and redress for patients and those that seek to ensure learning to improve patient safety. In the second part of the chapter, we consider criticisms of the tort system and alternative proposals.
This chapter explores legal questions surrounding organ and tissue transplantation including living donations and recent developments of deemed consent in relation to organ donation after death.
This chapter analysis the implementation of anti-discrimination legislation and its consequences for lived experiences. Building on the existing Europeanisation literature which has highlighted EU practices, and domestic institutional and political barriers as key explanations for limited implementation of new laws, the chapter argues that these are insufficient explanations to fully grasp why the anti-discrimination legislation remains weakly implemented. The chapter challenges the overly institution-focused analysis of the Europeanisation of fundamental rights. With its implicit assumption that (formal) compliance with EU rules and adoption of institutions eventually leads to social change, such institutional analysis ignores broader processes of social change. As such, the chapter takes a societal approach in its detailed analysis of the implementation gap of the Serbian LGBT-related anti-discrimination legislation. In particular, the chapter argues that the social environment in which these laws operate creates its own barriers for individuals to exercise their rights. Indeed, in the case of anti-discrimination legislation, the social environment has shown to constitute an attitudinal panopticon where people who are different from the norm self-regulate their actions to avoid becoming too visible, which would lead to increased discrimination. The lack of social change becomes a disciplining environment in which people whose rights have been violated are prevented from seeking justice out of fear of further and more severe violations of their rights.
How far are choices around conception, pregnancy and childbirth protected by health professionals and the law? And what legal action can parents and children take when things go wrong? This chapter explores the issues and the claims. We explore recent developments in the law relating to wrongful conception, birth and life including actions by or on behalf of children under the Congenital Disabilities (Civil Liability) Act 1976. And we look at issues relating to the protection of maternal autonomy, including the impact of the COVID-19 pandemic.
Based on the observation that the EU enlargement process has undergone fundamental changes to highlight to increasingly focus on promoting human rights and democratic values to candidate states, the chapter argues that updated theoretical and conceptual tools are needed to analyse the process. The chapter first reconceptualises Europeanisation via enlargement as a process of negotiated transformation in which EU policies and norms are (re)defined, negotiated and transformed with both sides making compromises to further political integration. Next, the chapter presents the theoretical framework that allows for a more critical analysis of the civilizational politics embedded in the EU enlargement process that goes beyond institutional changes to include an analysis of transnational configurations of politics and the complex (negotiated) outcomes they produce. It argues that a relational and transnational approach to Europeanisation has multiple advantages over existing theories. These advantages relate to 1) the logic of relationality which helps to overcome the duality between the logics of consequences and appropriateness, 2) the formulation of outcomes-in-process which recognise feedback loops within the process, 3) the relationality of policy fields, and 4) the recognition of the transnational nature of policy fields which allows for analyse new phenomena such as tactical Europeanisation. The chapter finishes with an analytical framework which draws on the existing empirical findings and the new theory to develop a typology of outcomes-in-process that can inform empirical analyses into the Europeanisation of values and norms.
This chapter focuses on the practical problems associated with clinical negligence and the processes involved in bringing a claim. Amid rising claims and a spectre of a malpractice crisis, we consider the challenges faced by patients bringing a claim and ask whether lawsuits against doctors are damaging medicine.
If we are to conceptualise the Europeanisation process as multilayered normative struggle, what then are the normative struggles underpinning the relation between the EU and Serbia? What Othering mechanisms are at play and how do they potentially interact? In order to answer these questions and provide the political background for the research and arguments of the book, this chapter presents the core elements that constitute the multilayered normative structure that shape the sexual politics of Serbia–EU relations. In a short overview of the evolution of the EU enlargement process, the first section demonstrates how EU policy changed from promoting peace and democracy to an increasing focus on human rights (including LGBT rights). This shift in policy is also reflected in the EU’s Othering mechanisms, in particular those employed to reinforce the (at times conflicting) EU identities based on either promoting sustainable peace or the promotion of human rights. The second part of the chapter presents two of the main hegemonic struggles within Serbia. Here, the point of departure is Serbia’s involvement in processes of nation-building as well as a process of reintegrating within international society following the democratic revolution in 2000, with special attention given to Serbia’s victimhood complex (especially in relation to Kosovo) and the gendered and homophobic nature of nationalism in Serbia. Overall, the chapter argues that the Othering mechanisms described for both the EU and Serbia can be classified along a normative/value-based axis and a security/interest-based axis, which both result in different coexisting and/or clashing identity positions.
Doctors, like priests and lawyers, must be able to keep secrets. For medical care to be effective, for patients to trust their doctor, patients must have confidence that they can talk frankly to them. This chapter considers the legal protections of confidential information, focusing on the common law protections of confidentiality and its recent developments to protect privacy and the latest statutory protections of data protection.
Alors que les violations des droits des travailleurs ont été à l’origine du processus de juridicisation de la responsabilité sociale des entreprises (RSE) dont l’ultime étape a été de fonder la responsabilité juridique des entreprises donneuses d’ordres et sociétés mères, aucune allusion n’y est faite dans le texte de l’emblématique loi française du 27 mars 2017. Cette invisibilisation du travail s’est doublée de silences et d’ambiguïtés sur le rôle des représentants des travailleurs dans le processus de corégulation au cœur duquel se trouve le plan de vigilance. C’est pourquoi les syndicats ont dû s’imposer aux entreprises en utilisant les ressources de la loi de 2017 et des normes internationales de RSE pour faire reconnaitre leur légitimité à être associé comme partie prenante soit via la saisine du juge soit par la négociation collective transnationale.