Direkte Demokratie und Sprachminderheiten in der Schweiz und in Sudtirol - Ein Vergleich = Direct democracy and minority language in Switzerland and South Tyrol - a comparison. EDAP 2/2010
Do procedures of direct democracy involve fundamental dangers with regard to social, ethno-linguistic and religious minorities? Is there even a conflict between popular decision-making by initiative and referendum and the requirement of interethnic consociational democratic procedures? The article focuses on the existing tension and supposed contradictions between procedures of direct democracy (initiative and referendum) and the protection of rights and interests of minorities in multilingual areas. Drawing upon some recent examples of such kind in four Swiss bi- or multilingual cantons and in South Tyrol the author compares these experiences and discusses the crucial issue whether such a conflict can be solved and which special precautions should be established when it comes to apply direct democracy in multilingual areas. Eventually he presents a new approach about how civil rights to direct political participation, enshrined in Italy's constitution and South Tyrol's autonomy statute, could be brought into concordance with the need to respect the equality of fundamental rights of linguistic groups within a multilingual polity, which is currently debated in South Tyrol's politics.
Judicial Adjudication of Language Rights in Central, Eastern and South-Eastern Europe. Principles and Criteria
Central, Eastern, and South-Eastern Europe are among the regions where minority, including linguistic rights, are more developed, at least on paper. Not always, however, have these rights been fully and effectively implemented so far. Several obstacles hamper effective implementation. Besides general problems, such as high costs or administrative and organizational requirements, in many countries of Central, Eastern and South-Eastern Europe, linguistic rights have been granted as a concession to the international community rather than out of sincere commitment. Minority rights are thus often highly politicized. In such a context, the role of the judiciary in determining principles and criteria for the practical development of linguistic rights is of extreme importance. The paper casts some light on the adjudication of linguistic rights of national minorities in Central, Eastern, and South-Eastern Europe, by examining the relevant case law and, above all, by trying to infer the underlying principles developed by the courts. It concludes that courts are overall quite deferential to the general political climate in their respective country. At the same time, however, some judicial decisions clearly indicate that courts are gradually emancipating from the mainstream political options and are increasingly able to impose non-majoritarian decisions, thus proving evidence of a slow but evolving establishment of the rule of law.
Ethics and the Treatment of the Mentally Ill, Homeless Person: a Perspective on Psychiatry Resident Training
ObjectiveThe authors outline the unique ethical challenges that psychiatry residents face in working with individuals who are homeless and mentally ill. The authors also propose steps to develop effective teaching methods with residents working with these patients.MethodsThe authors reviewed literature relevant to the training of psychiatry residents in ethics and treating individuals who are homeless and mentally ill.ResultsThe authors summarize current literature and, with the use of case examples, provide guidelines for effective teaching.ConclusionsTeaching psychiatry residents who are working in the community with individuals who are mentally ill and homeless needs to address a number of unique ethical conflicts that arise in this area. The authors outline approaches to this teaching.