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‘Heroes’, ‘street lawyers’ and ‘rotten apples’: the role of bystanders during police work in different contexts
Get PDFColonial Ghosts of Sinking Cities: Contemporary Climate Change Imaginaries in New York City, Mexico City and Amsterdam
No full textThis dissertation explores the role that colonials pasts play in the way in which the future is imagined in cities that are sinking due to climate change. Climate change is often presented as a planetary and universal problem: a future ecological threat looms over the entire world's population. Despite this "future" and "global" frame, this dissertation focuses on local differences and the impact of the past. Three cities from three different geographic areas therefore form the core of this research: New York City (North America), Mexico City (Central America), and Amsterdam (Europe). These cities face similar challenges because they are sinking or subsiding. In all cases, the risk of sinking and potential flooding is exacerbated by climate change. These risks call for adaptations and different ways of dealing with water. In all three cities the past is recollected in order to make the city resilient to ecological problems in the future: waterways that were erased in the past by a modernist conception of the landscape (in which water was always seen as an enemy and was pumped away or buried) are being brought back to light. They are once again given a place in the contemporary city, which is, as it were, opened up. Not only physically, but also mentally. "Nature" is no longer opposed to the "urban," but must, on the contrary, become part of it again. Frameworks of our thinking—frameworks that previously separated human and nature, or water and land—are being redefined. Such a shift in mentality demands a new perspective on the city. And it is precisely this "perspective"—the "new way of seeing"—with which landscape architects, scientists, artists, and writers reimagine and reshape the city that plays a central role in this dissertation. This ocular vocabulary reveals blind spots, things that transcend the existing frameworks of modern thinking about humanity and nature. This dissertation considers these blind spots as "ghosts." A ghost is something that doesn't adhere to existing frameworks and doesn't care about boundaries: a ghost is elusive and easily penetrates barriers. A ghost, too, is something that is dead and buried, but never a complete absence: it has always been able to stir the present and the world of the living from a position of invisibility. Many of the urban imaginaries that promote a new way of seeing, and which are explored in this dissertation, attempt to reconcile with the new reality of climate change. They often claim to have found ways to understand this new reality, to bear witness to it through a particular vision that allows them to bring ghosts to light: things from the past, buried or left out of view by old ways of thinking, that are evoked to make us see the city, our present, and ourselves differently. This dissertation approaches the ghosts attached to urban climate imaginaries at two levels: a metaphorical and a metonymic level. The metaphorical level focuses on the ghosts that are performed by the imaginaries under investigation and their new way of seeing. These ghosts are illuminating and, in that sense, metaphorical: the imaginaries point to something and say, "This element is like a ghost, and our vision brings it to light (we now see more, as it were)." What elements from the past are brought back into view and incorporated into the new urban space, and what does this say about the resulting image of the city? The metonymic level, on the other hand, focuses on the ghosts that unknowingly penetrate the perspective presented in the images under investigation—the blind spots of their own vision: the past that clings to the images, genres, clichés, and rhetoric presented, thus coloring how the new situation is perceived. These ghosts operate obscuringly and are, in that sense, metonymic: the imagaries attempt to clarify the new, but do so through images drawn from a different, older context
Idols that beset the psychologist's mind Johannes Linschoten's lectures and unpublished writings 1953-1964
No full textThe salience of the invisible: insights into the evolution, dynamics and relational challenges of employee neurodiversity networks
No full textUnderstanding the significance of personal bonding social capital for mental well-being of first-generation labour migrants:a cross-sectional study in the Netherlands
No full textThe present study aims to contribute to the existing, yet still limited, research literature on the association between personal bonding social capital (PBSC) and mental well-being in older populations, with a specific focus on understanding this association in a population of first-generation labour migrants with a collectivistic cultural background, living in an individualistic country.A cross-sectional study was conducted with a sample of 119 Turkish first-generation labour migrants (64.7% male; age 65–87, M(SD) = 71.13(5.04) and 124 Dutch non- migrants (32.3% male, age 65–94, M(SD) = 71.9(5.32). Both samples filled out either an online or printed questionnaire measuring PBSC (PSCSE, Simons et al., 2020), and psychological, social and emotional well-being (MHF-SF, Lamers et al., 2011) and relevant demographic covariates.Regression analyses showed positive associations between PBSC and, respectively overall mental well-being and its subdimensions emotional, social and psychological well-being in both samples. Moderation analyses showed that these associations were significantly stronger for the Turkish older migrants. These findings suggest that the migrant sample relies more heavily on close-knit homogeneous social networks for socioemotional support and assistance than the non-migrants.Research on social capital and mental well-being of older migrants is limited. This study clarifies the importance of PBSC for the mental well-being of first-generation labour migrants, considering the combined challenges they face. The results provide direction for further research and the development of practical interventions to improve mental well-being of the rapidly growing and increasingly diverse older populations
Perceived effects of an art therapeutic treatment (ArAT) for children and adolescents with psychosocial problems
No full textUnderstanding the Role of Clinical Decision Support Systems Among Hospital Nurses Using the FITT (Fit Between Individuals, Tasks, and Technology) Framework:Qualitative Study
No full textENDORISK-2:a personalized Bayesian network for preoperative risk stratification in endometrial cancer, integrating molecular classification and preoperative myometrial invasion assessment
No full textBackground: ENDORISK is a Bayesian network that can assist in preoperative risk estimation of lymph nodemetastasis (LNM) risk in endometrial cancer (EC) with consistent performance in external validations. To reflectstate of the art care, ENDORISK was optimized by integrating molecular classification and preoperativeassessment of myometrial invasion (MI).Methods: Variables for POLE, MSI, and preoperative assessment of MI, either by expert transvaginal ultrasound orpelvic magnetic resonance imaging (MRI), were added to develop ENDORISK-2. The p53 biomarker, part of themolecular classification, was already included in ENDORISK. External validation of ENDORISK-2 for LNM prediction was performed in two independent cohorts from: Brno (CZ), (n = 581) and Tübingen (DE), (n = 247).Findings: ENDORISK-2 yielded AUCs of 0⋅85 (95 % CI 0⋅80–0⋅90) (CZ) and 0⋅86 (95 % CI 0⋅77–0⋅96) (DE) forpredicting LNM. In patients with low-grade histology, 83 % (CZ) and 89 % (DE) were estimated having less than10 % risk of LNM, with false negative rates (FNR) of 4⋅3 % (CZ) and 2⋅2 % (DE). The previously defined set ofminimally required variables, i.e.: preoperative tumor grade, three of the four immunohistochemical (IHC)markers, and one clinical marker, could be interchanged with the new variables, with comparable validationmetrics, including AUC values of 0⋅79–0⋅87 for LNM prediction.Interpretation. Incorporation of molecular data and preoperative MI improved the flexibility of ENDORISK withcomparable diagnostic accuracy for estimating LNM as when based on low-cost immunohistochemical biomarkers. In addition, the high diagnostic accuracy in patients with low-grade EC demonstrates how ENDORISK-2could aid clinicians in identifying patients in whom surgical lymph node assessment may safely be omitted. Theseresults underline its power for clinical use in both high and low resource countries
Access to evidence and the regulation of corporate human rights violations
Get PDFThis thesis focuses on the continuous but evolving role that the creation of transparency has in the regulation of global value chains and ensuring the corporate responsibility to respect human rights. Purely market-led accountability through transparency – by naming and shaming a corporation as took place in the 1990s – proved to be insufficient to address the full scope of corporate human rights violations. In 2011, the UNGPs – a soft law instrument – were adopted.In order to respect human rights, corporations need to perform HRDD. On the basis of the UNGPs and the concept of HRDD therein, it now seem to be the corporations themselves that need to create the transparency that would allow the market and civil society to hold them accountable.Given the lack of a specific enforcement mechanism in the UNGPs, there can be different ways for holding corporations accountable for human rights violations. One mechanisms is through transnational civil litigation. A barrier for litigating these cases is said to be access to evidencebecause relevant information is often missing on the side of the plaintiffs. This poses a dilemma. The corporate responsibility to respect and the way in which corporations gather and disclose information in order to prevent and remedy human rights violations, are – de facto – being enforced through civil litigation. In order to actually litigate and prove these claims, plaintiffs seem to be in need of precisely that information.By focussing on this situation, this thesis addresses a gap in scholarly research on how the HRDD transparency requirements interact – and to what extent they should actually do so from a normative perspective – with doctrines of civil procedure and evidence in order to create the accountability envisaged by transnational civil litigation. Moreover, it addresses the question to what extent they can actually do so. The thesis therefore poses the general research question – How should access to evidence in transnational civil litigation against corporations over human rights violations taking place in their global value chains be organised, in light of the regulation of global value chains in and through international human rights law? The thesis develops an answer to this question in two parts. The first part of the thesis focuses on the role of transparency in the regulation of corporate human rights violations. It develops a normative framework for understanding this role on the basis of international human rights law. To do so, chapter 2 explains that the complexities of global value chains make it difficult to allocate human rights obligations along the value chain with precision and absolute legal certainty. It is however argued that 1) when the jurisdiction of a court has been seized, at least the right to a fair trial applies to these cases, and 2) when states take it upon themselves to adjudicate and regulate the extraterritorial conduct of corporations within their territory with the aim of addressing corporate human rights violations, they should do so in line with international human rights law and in particular the UNGPs. Within this context, chapter 3 and 4 describe the normative framework itself. It is argued that, on the basis of the right to a fair trial, access to evidence should be organized in such a way that the overall procedure remains fair in light of the right to adversarial proceedings, the equality of arms and access to court. The fair trial guarantees are however not sufficiently concrete to dictate in abstracto the exact evidence that should be made available, when, how and to whom in a given situation. The domestic legal order is taken as a starting point for the application of the “overall fairness test”. This assessment depends heavily on the domestic rules in place and the relative position and responsibilities of the parties.In light of this general assessment of the right to a fair trial, the overall fairness of the proceedings in relation to evidentiary matters should be taken especially serious in the business and human rights context given the structural risk of informational asymmetry. Moreover, the transnational component of establishing access to court and the specific (corporate) interests of the parties in the litigation further necessitate such a serious assessment of the overall fairness of the procedure. For business and human rights litigation, the inquiry into the fairness of the procedure is then developed further on the basis of the right to information in international human rights law and the UNGPs. In this respect, chapter 4 shows that the scope of the obligation to gather and disclose information during the HRDD process should be interpreted as aiming to achieve shared knowledge production between the business and its stakeholders. In short, the leading principle for interpreting the aforementioned obligations is that power over the production of knowledge regarding human rights standards and the human rights impacts of the business should be shared. It is argued that the goal of shared knowledge production in the regulation of global value chains should be taken into account when deciding on questions of evidence in relation to these three issues.How and to what extent a plaintiff can rely on hard law to enforce this shared knowledge production still depends on the rules that are in place at the domestic level. It is however argued that even if there is no “hard” due diligence law in place, a judge should at least take a broad approach to fact-finding in civil litigation when interpreting and applying existing doctrines at the national level. This has particular impact on the evaluation of facts in order to establish access to court, the accountability for the fact-finding process and the legitimate reasons for limiting fact-finding. In order to apply the normative framework, the rules applicable within the national context must be evaluated on the basis of how they function in relation to each other and whether this will allow for the overall fairness of the procedure to be maintained. Part two of this thesis therefore develops a more concrete understanding on access to evidence in the specific business and human rights context and how the normative framework functions at the national level. By focussing on three case studies – the Netherlands, France and the United States – it is shownthat it is possible to implement the normative framework in very different regulatory contexts. More generally it can be concluded that the implementation of the normative framework can be done by focussing on existing legal doctrines through which the rules of civil procedure and evidence and HRDD are and can be communicating vessels. By choosing domestic jurisdictions with certain typical and outlier characteristics, some tentative conclusions are also drawn about the impact of these characteristics on the implementation of the normative framework. First, it is possible to argue that access to evidence is not necessarily an inherent barrier in civil litigation. It seems as if the extent to which a judge will use its discretionary powers is of the most impact on the extent to which the normative framework is implemented at the national level. Second, the implementation of a hard HRDD law arguably allows for the most far reaching option of accommodating shared knowledge production.To conclude, this thesis thus argues that accountability through transparency should take place by pursuing shared knowledge production, also in the organization of access to evidence in transnational civil litigation. This argument offers a renewed promise for what transparency might achiev