THE ECHR AS A LIVING INSTRUMENT Essay Example | Topics and Well Written Essays - 2500 words

THE ECHR AS A LIVING INSTRUMENT - Essay Example One of the powerful interpretive tools used by the EctHR has been the conceptualization of the ECHR as a living instrument. It is settled case law that the ECHR is â€Å"a living instrument which must be interpreted in light of present-day conditions.† A critique of judicial activism may criticize the use of the living instrument rule as an impermissible intrusion of the Strasbourg Court into the policy-making domain. This paper analyses this proposition and the development of the living instrument rule in light of Strasbourg jurisprudence in respect of two articles of the ECHR, article 3 and article 8. Article 3 of the ECHR states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. The original Court began the articulation of the living instrument methodology in the well-known case of Tyrer v. United Kingdom when it was required to determine the compatibility of judicial corporeal punishment with article 3 prohibition on cruel and degrading punishment. The Government of the Isle of Man argued that judicial corporal punishment was acceptable to the inhabitants of the island. However, the Court held that: â€Å"... the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted in the light of present-day conditions. In the case now before it the Court cannot but be influenced by the developments and commonly accepted standards in the penal policy of the member States of the Council of Europe in this field.

Health Information Systems Essay Example | Topics and Well Written Essays - 750 words

Health Information Systems - Essay Example Medical informatics started in the US when the computers and microchips were introduced in the 1950s. In 1949, the first professional informatics organization was founded by Gustav Wager in Germany. Programs that trained individuals on informatics systems began in France in the 1960s which became common in the United States and Europe by the 1970s. Initially, health informatics systems were used for purposes like billing and patient admissions/discharges. (Neujahr). The technological advances made in the field of computers contributed to the rapid spread of health informatics systems. The relationship between doctors and people has also drastically changed with the introduction of medical informatics, since people are not ignorant of the health issues they are likely to face. Information regarding symptoms, causes and diagnosis is made available to all individuals, enabling them to identify their problem. People are usually aware of the health issue before they approach a doctor for diagnosis. Health informatics on the internet has made professionals more equitable since they have the advantage of learning of medical and clinical procedures immediately, without having to search for books on the particular technique or to consult other professionals. The physician is expected to have wide knowledge of all disciplines of medicine as all information is made available to the client or the patient. Internet forms the site of a new struggle over expertise in health that will transform the relationship between the health professions and their clients. (Hardey, 2009). A number of health informatics organizations have been developed by the government to provide reliable information on all kinds of health issues. For instance, the United States Federal Government has developed a health informatics site, healthfinder.gov. It provides guidelines to healthy living and personalized health advice by professionals to enable the