Nexus Magazine 'Spring Edition' 2015 by Nexus Magazine

11 2015 Spring

GMO OMG!

OPINION: TRANSNATIONAL ACCESSIBLE HEALTHCARE / 12 TED: THE NEXT OUTBREAK? WE’RE NOT READY / 26 1

ALUMNI: OXFORD & CAMBRIDGE / 38

/ 29

COLOPHON NEXUS MAGAZINE SPRING 2015 Date of Publication 19 June 2015 Nexus Nexus Student Association nexus@rug.nl Nexus Magazine Committee 2014-2015 Bart van der Geest (Editor in Chief) Nathalie Bienfait Ivonna Beches Christian Skrivervik nexusmagazine.law@gmail.com Founder Nexus Magazine Gemma Torras Vives Graphic Design Bart van der Geest Christian Skrivervik Nathalie Bienfait Cover Photo Bart van der Geest Logo RE_Oslo Authors Caitlin Bones / Mengyue Xie / Ellie Todorova / Andrew Zuidema / Jakob Embacher / Anna Kovacs / Ivonna Beches / Nathalie Bienfait / Kristina Winter / Josefien Vreeken / Christina Lykke Smits / Jochem de Kok / Bart van der Geest Special Thanks To Saba Tariq

TABLE OF CONTENTS: 3 4 6 9 12 16 20 22 26 29 38 42

Letter from the Magazine Committee Editor’s Note / Global Health Law Groningen South China Sea Dispute BLOG: The Growing Problem of Obesity in Europe Transnational Accessible Healthcare Abortion as a Human Right The Heroes of Nepal Female Genital Mutilation: The Sexual Prison TED Talk: The Next Outbreak? We’re not Ready. DEBATE: GMO OMG! Life After Groningen: Bibliography

NEXUS SPRING 2015 |

LETTER from the Magazine Committee Dear readers, We hereby present you our third issue of the year and we are glad to share this publication with all Nexus members and others who are interested in our work. We strive to make this magazine a place to acquire knowledge, and be a place for open discussion on subjects that YOU are interested in. Our mission is to produce articles that matter to you, and our goal is to improve and practice communication skills, creative thinking, career development, organizational skills and leadership. Take initiative and join our legal community! What makes Nexus Student Association most interesting is the diversity of people and ideas. Therefore, we encourage your contribution, opinion and ideas to the development of this magazine. This project is from and for all students! We hope that you will enjoy this second issue of the academic year 2014 - 2015, and we look forward to receiving your input! - Nexus Magazine Committee 2014 - 2015

(

The Nexus Magazine Committee independently obtained and organized the content of this magazine and is responsible for the publication of the Nexus Magazine. The opinions and ideas expressed by authors of articles in this magazine are solely the opinions and ideas of those authors and ( do not necessarily represent the opinions and ideas of this magazine or its editors or publishers.

PHOTO: SABA TARIQ / LEFT TO RIGHT: CHRISTIAN SKRIVERVIK / NATHALIE BIENFAIT / BART VAN DER GEEST IVONNA BECHES / ANA ARNAOUTOGLOU-AMZA

)

EDITOR’S NOTE:

HEALTH LAW AND GMOs

tion practices brings about a serious breach of women’s rights. Nathalie Bienfait discusses in her article the wide occurrence of female genital mutilation (FGM) practices in Europe, America and Australia and what can be done to break the cycle of the FGM culture. Finally, Kristina Winter evaluates the accessibility of healthcare in Nepal after the region was heavily struck on April 25 by an earthquake measuring 7.8 on the Richter scale.

BART VAN DER GEEST / LLB 2

The Spring Edition is finally here! The theme of this third edition is ‘Health Law’, though as you can tell from the picture on the front cover we have, this time, also extensively covered the topic of genetically modified organisms in our debate feature. It’s that time of year again: exams are over, the academic year is coming to an end and everyone is jumping to go on a long, relaxing holiday in the sun, far away from the legal books and the computer screens. The Nexus Magazine Committee hereby successfully ends its year too (woohoo!), but we will have one last edition for you, ready to be published at the start of September upon your return in the lovely city of Groningen! In this edition, our writers have mainly focused their attention on issues of health law and humanitarian healthcare. For example, Caitlin Bones writes about the lack of transnational accessible healthcare and the problems this causes for migrants and marginal groups within our society. Ivonna Beches brings the issue of abortion in Northern Ireland to our attention, pointing out that the incrimination of abor-

Then there is the issue of genetically modified organisms (GMOs). Although the cultivation of GMO crops is quite common around the world it is still strictly regulated in the European Union. Most member states have imposed national bans on GMOs and there is no indication that they will accept them at any time in the near future. To see what LLB students think about the issue we asked our readers whether they think the European Union should ease its regulation on the cultivation of GMOs in our debate feature. We were very excited to finally get a physical copy of the Nexus Magazine printed last month. At the start of next year we aim to print a few copies of each edition for the Nexus Office and the International Office, so that you can read the latest issues at your leisure in the law library. Finally, I would, once again, like to thank every writer for their contribution in this year’s third edition and everyone who continues to read and support our work! With your feedback and your contributions, we are able to continue publishing the magazines that you want to read. On that note, I wish everyone a fantastic summer holiday! Bart van der Geest (Editor-in-Chief)

NEXUS SPRING 2015 |

Global Health Law Groningen If you enjoy reading this magazine, why not find out more about how international law relates to health via a university initiative: Global Health Law Groningen! International law has a significant role within worldwide health, from the right to health at the United Nations level to different domestic legislation. However, there is no such thing as one coherent field of global health law. Rather, in reality, a much more fragmented picture exists – so much that there is even no comprehensive recognition of global health law as a distinct branch of international law. Despite this, there are many serious threats and challenges facing not only an individual’s health, but also more generally the concept of health. Global Health Law Groningen (GHLG) explores several of these challenges from the perspective of international law. Current areas of focus include health inequalities, access to medicines, reproductive rights, tobacco control and many more! The International Law Department and the Programme Coordinator, Dr Brigit Toebes, launched the initiative in January 2015 with a panel discussion on the Framework Convention on Tobacco Control. Albeit being one of the most successful pieces of legislation within the ‘field’ of global health law with 180 parties, still much discussion can be held regarding its pros and cons, along with how it is actually implemented within domestic legislation and policy. Such discussions are especially important in light of World No Tobacco Day on Sunday 31st May. This year the World Health Organisation (WHO) is focusing on stopping the illicit trade of tobacco products, as ‘one in every ten cigarettes consumed worldwide are illegal’. More information can be found on the dedicated WHO webpage. But if Tobacco Control is not really your thing, there are many more interesting events with fascinating speakers from all-over the world. So far GHLG has hosted a presentation evening on Health Sector Corruption with keynote speaker Professor Dean Harris, from the University of North Carolina, USA. Plus, on Friday 29th May speak5

CAITLIN BONES / LLB 2

ers from the Danish Institute for Human Rights discussed their work on translating the AAAQ Toolbox (Availability, Accessibility, Acceptability and Quality – many of you may remember this from Dr Toebes’ International Law Lecture), from a theoretical UN level into practical advice for states, businesses and civil society. For example, water that is industrially purified may be of perfect quality but for certain groups it fails to be acceptable, as due to religious beliefs they will not drink industrially processed water, a company providing water needs to be aware of such factors. As can be seen by the example, this talk focused not only on the right to health but also the right to water – something so many of us take for granted! Nevertheless, GHLG is more than just one-off talks, as there are also opportunities for students to undertake research related to the right to health. Students in particular can perform a country case study for the ELMA Project (Essential Law for Medicine Access). Here, selected countries domestic laws and policies are researched to see how, or even if, they promote universal access to essential medicines, in line with the WHO definition on the right to health. It is important that such studies occur to see how the individual healthcare and legal systems affect access to medicines. The concept of health is of fundamental importance to every individual and thus deserves its own place within international law, but also in every student’s legal studies! I look forward to hopefully seeing some of you at the next event of GHLG.

Why not read more about GHLG and the opportunities it offers at: http:// www.rug.nl/research/groningen-centre-for-law-and-governance/organisatie/ ghlg/. Or follow the GHLG blog, with interesting entries including one on whether maternity leaves benefits babies, mother and society, at: https://ghlgblog. wordpress.com. Additionally you can follow GHLG on Twitter on LinkedIn.

A Brief Introduction to the

South China Sea Dispute Between China and the Philippines from a Legal Perspective

MENGYUE XIE / LLB 2

TEXT: MENGYUE XIE

OPINION

5 4

NEXUS SPRING 2015 |

The South China Sea has long been a problematic area due to territorial disputes between China, Vietnam, Philippines, Malaysia, Indonesia and Brunei. Among those disputes, the one between China and Philippines on the South China Sea has been drawing major attention from the international community due to the frequency of conflicts. This article will first give a brief introduction on the history and recent conflicts regarding the disputed areas. Furthermore, it will discuss the arbitration brought by the Philippines on the basis of the United Nation Convention on the Law of Sea (UNCLOS). In the end, it will provide a few hypotheses on possible methods of solving the dispute in the future.

“China has consistently chosen to neither accept nor participate in the arbitration.”

History Both the People’s Republic of China (PRC) and the Republic of China (Taiwan) claim that South China Sea was first discovered by the Chinese people and that there has been a history of fishing practice by the Chinese for over 2000 years. It has been a part of the Chinese Territory since the Yuan Destiny. In 1939, Japan invaded and occupied the islands in the South China Sea Area. After WWII, in 1946, China recovered the territory in the spirit of the Cairo Declaration and the Postdam Declaration. Meanwhile, the Philippines claims that its assertions of sovereignty over the disputed islands are based on the judicial criteria on the methods of acquisition of sovereignty. Furthermore, it states that the country exercised both effective occupation and jurisdiction over the territory. The Philippines also claims that fishing practice was used since the Spanish colonization of the Philippines. Countless events have occurred regarding the territorial dispute on the shoal, including conflicts between fishermen and protests in front of the embassies of both countries as well as several stand-offs. 7

The Philippines v China arbitration Case On 22 January 2013 the Philippines first served China with a Notification and Statement of Claims ‘with respect to the dispute with China over maritime jurisdiction of the Philippines in the West Philippine Sea’ on the basis of UNCLOS. It challenged ‘[…] China’s claims to areas of the South China Sea and the underlying seabed as far as 870 nautical miles from the nearest Chinese coast, to which China has no entitlement under the UNCLOS’ . The Philippines asked the Court whether “1) China’s claims based on its “nine dash line” are inconsistent with UNCLOS and therefore invalid; 2) determines whether, under Article 121 of UNCLOS, certain of the maritime features claimed by both China and the Philippines are capable of generating entitlement to maritime zones greater than 12 [miles]; and 3) enables the Philippines to exercise and enjoy the rights with and beyond its exclusive economic zone and continental shelf that are established in UNCLOS.’ However, the Philippines did not seek the determination of sovereignty over the islands. On 19 February 2013, China presented the Philippines with a diplomatic note named the ‘Position of China on South China issues’ and rejected and returned the Philippines’ Notification. Since then, China has consistently chosen to neither accept nor participate in the arbitration. According to the Ministry of Foreign Affairs of China, the claims mentioned in this case, brought by the Philippines with regard to territorial sovereignty, cannot be applied to the UNCLOS. Therefore the Arbitration Court does not have jurisdiction on the issue concerned. It is obvious that in order to determine whether or not China’s claims on South China Sea are in accordance with the UNCLOS, which is the virtue claim of the Philippines, the territorial sovereignty has to be determined first. According to Article 9 of Annex VII to the UNCLOS, ‘if one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case […] before making its award, the arbitral tribunal must satisfy itself not only

that it has jurisdiction over the dispute but also the claim is well founded in fact and law.’ Since China had not submitted any counter-memorial or written argument, the tribunal will treat the communication including the position note as the plea. As indicated above, the main dispute regarding the arbitration is whether the Court has jurisdiction, which is also the first question that has to be answered in order to process the case. On this note, the hearing for addressing the objection of jurisdiction will be held in July 2015. In my opinion, I would agree with China’s position that it first has to determine the territorial dispute in order to respond to claims brought by the Philippines. It is obvious that the state, which enjoys the sovereignty rights over the islands, can claim other rights including rights over the exclusive economic zone. Therefore, if the tribunal determines that the Philippines enjoys the sovereignty rights over these islands the answers for three claims that were brought by the Philippines will be given automatically. However, the Philippines is not seeking to answer the question of which country has the sovereignty rights over the area of the South China Sea. This is understandable as such a question is highly controversial and subject to political manipulation, and there is a chance that the Court would avoid the question.

Hypotheses Since China will not be present in the arbitral tribunal, it is likely that the Philippines would win the case if it were decided that the Court has jurisdiction over the case. However, even if the Philippines won the case, whether it will change the situation in practice is another question. From my perspective, the best way to improve the current situation is via cooperation and negotiation between the two countries. It seems highly unlikely that both countries would go for military confrontation in order to solve the dispute. After all, what matters most is improving diplomatic relations and needless to say, ‘use of force’ is against the UN Charter and international peace and security, which the international community is trying to maintain. PHOTO 1: AP PHOTO 2: REUTERS/ KYODO PHOTO 3: AFP PHOTO 4: JEFF HEAD/ FLICKR PHOTO 5: REUTERS PHOTO 6: REUTERS PHOTO 7: UNCLOS/ CIA

NEXUS SPRING 2015 |

BLOG

JOSEFIEN VREEKEN/ LLB 2

PHOTO: ISTOCKPHOTO / FATIHHOCA

THE GROWING PROBLEM OF OBESITY IN EUROPE

TEXT: JOSEFIEN VREEKEN

Being overweight is one of the most prominent public health challenges of our time and it is becoming increasingly problematic in Europe. In a recent press statement made at the European Congress on Obesity in Prague, World Health Organisation (WHO) researchers cautioned that by 2030, Europe would face an obesity crisis of â&#x20AC;&#x2DC;enormous proportionsâ&#x20AC;&#x2122;. This projection, stemming from an examination of 37 countries in a forecast exercise, using 2010 data from the WHO and U.K. Health Forum, should not be taken lightly. On a national level, obesity issues put a lot of pressure on the individual, legal health and political systems. For individuals, obesity is a key risk factor in the development of many chronic diseases such as heart and respiratory diseases, diabetes, hypertension, cancer, as well as early death. In the near future, costs of your insurance will depend on your life-style. It is worrying that nations in the European Union grow more and more unhealthy each year, as people that are overweight cause serious problems and pose a huge and growing financial burden on national resources. Legally, this means far-reaching consequences for insurance and employability law.

The European data of overweight individuals has been collected in a database by the WHO in project MONICA. Monica stands for Monitoring of Trends and Determinants In Cardiovascular Disease study. This data shows that in most European countries obesity has increased by a worrying 10-40% in the past 10 years. It is the European fish and chips loving nation that outweighs the other EU members. In the United Kingdom, nearly two thirds of all adult men and over half of adult women are overweight or obese. An alarming one in every five English boys, and one in every four English girls is overweight or obese. European studies on the economic costs of obesity have shown that they account for between 2% and 7% of total health care costs; it accounts for example for 2% in France, 3-4% in the Netherlands and 5-6% in the United Kingdom. Solutions for obesity are well known, and quite obvious. It requires active participation of many groups including governments, health professionals, the food industry, the media and consumers. Their shared responsibility is to help promote healthy diets as well as create awareness for the European citizen. However, solutions must also be sough at the individual level. Medical evidence supports life style changes as the most effective way to handle the obesity crisis, and diet and exercise are recommended by all good health agencies.

HEALTH LAW

& HUMANITARIAN HEALTH CARE

NEXUS SPRING 2015 |

TRANSNATIONAL ACCESSIBLE HEALTHCARE:

ESSENTIAL FOR EVERY PERSON IN MODERN SOCIETY /12

ABORTION AS A CRIMINAL OFFENCE:

WHY NORTHERN IRELAND IS BREACHING WOMEN’S RIGHTS /16

HUMANITARIAN HEALTH CARE: THE HEROES OF NEPAL /20

FEMALE GENITAL MUTILATION: THE SEXUAL PRISON /22

TED TALKS:

THE NEXT OUTBREAK? WE’RE NOT READY - BILL GATES /26

BIBLIOGRAPHY /42

PHOTO: ELIZABETH RENSTROM / TIME

OPINION

PHOTO 1: RED CROSS PHOTO 2: EPA/ ZIKRI MAULANA PHOTO 3: ROCHE

NEXUS SPRING 2015 |

Transnational Accessible Healthcare: Essential for Every Person in a Modern Society TEXT: CAITLIN BONES

ealth is an important issue for everyone throughout the world, as it is a fundamental condition for life and one of our most ‘basic and essential asset[s]’. However, there are many inequalities within the field of health, especially when focusing on healthcare. Such inequalities are enhanced by the fact that international law provides no standard definition of healthcare other than the broad categorisation of being wider than medical care. Therefore, great disparities exist between the standards of healthcare available to citizens, especially migrants, depending upon individual States’ interpretation of health. Nevertheless, due to the increasing internationalisation of modern society and the increasing ease of cross-border migration, it appears logical that healthcare cannot remain a solely domestic issue. Whilst international law recognises the Right to Health, including the Right to Healthcare, as an Economic, Social and Cultural Right, this right is not sufficiently clear; in particular regarding its scope, due to the above-mentioned fact that no completely accepted concrete definition exists. Nonetheless, ‘basic primary healthcare and access to essential medicine (…) ensured on a non-discriminatory basis’ are generally accepted as a minimum standard that must be ensured. Although such a standard suggests equivalent treatment for comparable cases, in reality, this is not so self-evident. Substantial disparities are even found regarding access to emergency medicine, where immediate, unscheduled care is

required for unforeseen accidents and illnesses. Undocumented migrants and those held in detention centres are particularly vulnerable, despite the United Nations Special Rapporteur emphasising that no one should be denied medical care. A study of the availability of healthcare for undocumented migrants within the European Union revealed a large variant. With ten of the twenty-seven Member States failing to meet the baseline, stated in Article 13(2) Council of Europe Resolution 1509, which entitles irregular migrants to have access to emergency care. Nonetheless, some commentators argue that creating clearer legal obligations is an unnecessary step, rather believing that the pre-existing moral values and culture of society precedes legal rights. Thus any hospital would be condemned for turning-away a dying person due to immigration status, so hence allows for access to emergency care. However, abstract moral rights alone do not sufficiently ensure equitable access to healthcare, therefore clearer entrenchment within legislation is needed. This is due to the fact that even when some states legally achieve equal accessible healthcare, realistically many barriers still remain, especially regarding undocumented migrants. Such barriers include the fear that accessing healthcare will result in being reported to the authorities. An evidential basis supports such claims, with a study finding only two Member States of the European Union having explicit rules on denunciation (‘forbidding reporting of undocumented migrants by health care officials to immigration’). Other states may

implement denunciation indirectly, for example via rules concerning medical privacy. Whilst this barrier can never be entirely removed by states alone, clearer and commonly known rules on denunciation aid migrants’ confidence in accessing healthcare. Notwithstanding the above focus on undocumented migrants, a lack of access to equal, or any, treatment is a major issue for many marginal groups within society, especially when compared to the majority. Specific entrenchment of healthcare access for marginal groups, including the right to equal treatment, is seen in the Convention of Elimination of Racial Discrimination. Non-discrimination is a fundamental aspect of the right to healthcare, and links to a state’s obligation to respect rights. Hence, a certain group cannot be denied access to treatment due to discrimination. Typically, limited healthcare access consequential from discrimination is exemplified with regards to all migrants due to ‘language, cultural barriers and/or legal status’. Nevertheless, it is widely accepted by both states and citizens that providing different levels of healthcare for citizens and immigrants is acceptable, despite appearing to work against equal access. This principle is in fact true, as unequal treatment may be justified when founded upon ‘objective and reasonable grounds’. Therefore a disparity in treatment level does not automatically result in discrimination. Consequently, only a clear legal right provides a sufficiently solid foundation to allow state discretion

yet provide equal, essential healthcare to everyone, everywhere. This is particularly important for migrant workers such as in the United States of America where only 5-10% of migrant agricultural workers have health insurance, yet these individuals are clearly beneficial to society through their occupation.

“Non-discrimination is a fundamental aspect of the right to healthcare” Moreover, equal access to healthcare is essential for achieving the benchmark set in the Alma-Ata Declaration 1978. Here, the World Health Organisation and the United Nations declared that the standard required is a ‘level of health permitting socially and economically productive life’. This obligation was given to governments, international organisations and – crucially - the world, showing an inherent idea of trans-nationality by desiring a productive life for all global citizens. The individual does not only profit, but additionally society overall; for if citizens are more productive and able to contribute to society, for instance through employment, then society is more economical and functions at a higher level. So, despite the health of individuals in foreign countries initially appearing of little concern, in reality their health can impact our lives in many, often un-expecting, ways. For example, if that foreign citizen mines minerals for the production of mobile phones (a product essential in a modern society) the realisation appears that ensuring healthcare access transnationNEXUS SPRING 2015 |

CAITLIN BONES / LLB 2

ally benefits everyone worldwide. Contrary to popular belief, equally accessible healthcare does not require completely free-of-charge care; an especially emotive issue when discussing the access rights of migrants. Still, there is no international need to interfere with how states organise their healthcare systems. In this regard, the study on the Right of Access for Undocumented Migrants showed that the individual state’s healthcare system being financed through central/local tax, health insurance or out-of-pocket payments was irrelevant to the level of access afforded to undocumented migrants. Moreover, there is no pressing international requisite to remove the right of individual states to decide upon having either a public or private healthcare system; or, as is now commonly seen, a hybrid system of out-sourcing to private companies to lower national costs. However, several international bodies have stated that out-sourcing healthcare cannot be states abandoning their responsibilities. Furthermore, the United Nations International Covenant on Economics, Social and Cultural Rights Committee (The Committee) requested states to declare any inequalities between the public and private sector regarding the standard and access of healthcare provided. In addition to general healthcare access, specific topics within healthcare access require universal normative standards to protect individual life. The Committee in its Concluding Observations under the International Covenant of Economic, Social and 15

Cultural Rights promotes the idea of equal baseline access to abortions. This applies specifically in the cases of rape and the mother’s life being in danger; hence any country with a general prohibition should provide universally recognised exceptions. The Committee holds this view in order to prevent ‘backstreet’ abortions and maintain the life and health of women. This specific aspect of having cross-border guarantees prevents women becoming healthcare tourists. However, many argue such a stance impeaches not only state sovereignty, but also the moral and religious cultures of individual nations. Nonetheless, the significance that such an idea is spoken of highlights an underlying shift towards more transnational regulations within health and healthcare access. This step is required in many more health fields to fully guarantee equal transnational healthcare access. In conclusion, many of the arguments addressed stipulate long-term objectives for ensuring the right to health entails equal access and encompasses trans-nationality. However, this does not negate the need for states to perform actions with immediate effects, including ensuring practical access for everyone within its borders. Otherwise other aspects of the right to healthcare make no viable sense. Healthcare’s final goal must be one of a universal minimum standard regarding equal access, which reflects modern society and allows all individuals to equitably benefit.

PHOTO 1: EMERGENCY USA PHOTO 2: SPOTMATIKPHOTO PHOTO 3: SHUTTERSTOCK/ LAKOV FILIMONOV

ABORTION AS A HUMAN RIGHT Why Northern Ireland is Breaching Women’s Rights TEXT: IVONNA BECHES OPINION

the real-life situations they are being applied to is Northern Ireland. The problem has become so prevalent that both the UN and Amnesty International have recently warned that Ireland’s approach to abortion likely breaches international human rights standards. In order to understand why these statements have been made it is important to first explain the legislation behind the approach before analyzing if it can be changed, and how likely a change would be. According to Donagh Stenson from the British Pregnancy Advisory Service, “59,614 women since 1970 from Northern Ireland have had no other choice but to travel While abortion remains a sensitive to England to seek abortion care.”, and controversial topic within the further stating that, “No politician European Union, a large number in a civilized country should force of EU members do allow women a woman to leave her family and to have abortions on request, espe- loved ones to make a journey to cially during the first trimester of another jurisdiction for abortion their pregnancy. Yet the aggregate treatment. Taking the decision number of states that have liberal to end a pregnancy is journey abortion legislation is still below enough for any woman.” The 80%, seemingly regardless of the reason for this phenomenon goes fact that, according to the World beyond a simple matter of overly Health Organization, tight restric- restrictive abortion regulation in tions on abortion do not affect its the country. At the heart of the incidence. One particular country issue with is the fact that abortion where abortion regulations and in its standard form is listed as a policies appear to have been forserious criminal offence. mulated in complete ignorance of

IVONNA BECHES / LLM 2

In Northern Ireland, abortion is covered under criminal law by sections 58 and 59 of the Offences Against the Person Act 1861 which states that if a mother attempts to instigate an abortion herself or if someone else carries out the procedure for her, with any poisonous substance or similar instrument, they could serve a life sentence for the offence, if convicted. Furthermore, section 25 of the Criminal Justice Act (Northern Ireland), classifies abortion under the offence of child destruction, making it a felony punishable by a life sentence for anyone to wilfully “destroy the life of a child then capable of being born alive”. The only exceptions are if the act was carried out in “good faith” and/or to protect the life of the mother. In the Bourne case (R v Bourne [1939] KB 687), ‘preserving the life of the mother’ was defined as the doctor providing the abortion being of the opinion, “on reasonable grounds and with adequate knowledge”, that “the probable consequence of the continuance of the pregnancy will be to make the woman a physical or mental wreck”. This is a very narrow scope, which applies in an extremely small number of cases,

and importantly, excludes even situations where the pregnancy is the result of rape or incest, or where there is a high risk of fatal foetal impairment. The case of R v MacDonald (1999) goes some way to extending the main rule, as the remit of the phrase “being born alive” from s. 25 of the Criminal Justice act was defined as meaning that a “foetus has a real chance of being born and existing as a live child, breathing through its own lungs, whether unaided or with the assistance of a ventilator and whether for a short time or a longer period” (The Limited Circumstances For a Lawful Termination Of Pregnancy in Northern Ireland, Department of Health Social Services and Public Safety, April 2013). This interpretation can, theoretically, in some very limited circumstances, make the process of abortion lawful in cases where the foetus has absolutely no chance of being born alive. Nonetheless, this test remains far too restrictive to be in line with international standards.

rights standards make it compulsory for states to ensure that pregnant women and girls always have access to abortion in cases where their life and physical or mental health is at risk, as well as in cases of foetal impairment and where the pregnancy is the result of a sexual crime. The legal norm in Northern Ireland falls short of these minimum requirements which is particularly damning as it means that the UK as a whole is considered to be in violation of its international obligations. As mentioned before one of the main reasons why it is important for these minimum requirements to be met is because tighter restrictions do not automatically translate into a lower rate of abortion but rather only height-

en the risk that the abortions which do take place are in unsafe and unsanitary conditions. In fact, the situation the women of Northern Ireland are placed in is commonly referred to as a ‘postcode lottery’; “an arbitrary luck of the draw depending on one’s place of residence within the region.” (Northern Ireland: Barriers to Accessing Abortion Services, Amnesty International, 2015). In light of these concerns it is important to question what, if anything has been done by the government in order to combat these risks and reform what is an incredibly outdated system of legislation. Unfortunately, until a public consultation was launched by the

According to the UN Human Rights Committee as well as the Committee on the Elimination of Discrimination Against Women (CEDAW), the international human

2 1

PHOTO 1: GRAEME ROBERTSON PHOTO 2: ALAMY PHOTO 3: THE ASSOCIATED PRESS

Northern Ireland Department of Justice in 2014, no positive proactive steps were taken towards reforming the system. On the contrary, in 2013, a proposal was put forth in the Northern Ireland Assembly (the devolved legislature for Northern Ireland) for an amendment to the criminal justice bill which would have banned abortions from being performed

Instead, in the ‘Objective’ section of the report, the Department of Justice makes it abundantly clear that “there is a pressing need to consider a change to the criminal law to provide for lawful termination of pregnancy as an option for women in certain limited and clearly defined circumstances”, and goes on to zero in on cases of foetal abnormality in particular.

5 and 25% in 2010) and the rate of conviction is even lower (57% in 2010). Not to mention that the consultation does not involve any discussion about the lack of education or clear guidelines for medical professionals with regards to when abortions can be carried out and how. The proposals for an extension of the remit of the current law to include cases of foetal

“Between only 5 and 20% of sexual crimes were reported in Ireland in 2010, added to a depressing 57% conviction rate.” by private healthcare clinics. The proposal did not have sufficient cross-party backing to pass, but the motive behind it and its existence in itself was still an impediment to reform. On the other hand, the approach of the DOJ’s public consultation has not been geared towards securing any radical changes.

When it comes to cases involving sexual crimes on the other hand, the consultation simply seeks views on whether and how the law should or might be changed, without any specific plan. This lacklustre approach simply piles on to the general shortcomings of the criminal justice system when it comes to sexual crimes, where the rate of reported crimes is low (between

abnormality do suggest that the best way to go about it would be to have broad, overarching legislation where clinical opinion has the final say on which cases qualify and which do not. However, given that at present medical professionals are reluctant to offer abortions in any circumstance unless they are very certain that it is permitted, the Department of Justice NEXUS SPRING 2015 |

proposals are not likely to lead to the drafting of effective legislation until the problem is addressed.

“No politician in a civilized country should force a woman to leave her family and loved ones to make a journey to another jurisdiction for abortion treatment. Taking the decision to end a pregnancy is journey enough for any woman.” The constant practice of stalling any significant progress is supposedly justified by the so called ‘lack of consensus across the

board’, which in practice actually amounts only to a handful of very vocal groups and religious institutions speaking out against reform. Yet the general public opinion has changed significantly over the years even in Northern Ireland in line with (on a small scale) the rest of Europe, suggesting that a lot more people are aware and willing to face the fact that abortion cannot be stopped or quelled by a strong set of values or stringent regulation. It is in this context that Amnesty International’s report calls on the Northern Ireland Assembly and Executive to “place a gender perspective at the centre of all legislation, policies and programmes affecting women’s health and involve women in the planning, implementation and

monitoring of such legislation, policies and programmes and in the provision of women’s health services.” as well as to simply “remove criminal sanctions imposed on women who undergo abortion and healthcare professionals providing termination advice and services”. Hiding behind the supposed polarization of public opinion on the matter is no longer, and never should be, enough to excuse Northern Ireland’s blatant and sustained practice of human rights violations in the area of abortion.

PHOTO 1: REUTERS PHOTO 2: SMIT/ SHUTTERSTOCK

2 19

OPINION

The Heroes of Nepal They say that whenever an earthquake or tsunami takes thousands of innocent lives, a shocked world talks of little else. And indeed, when on April 25th 2015 Nepal experienced a 7.8 magnitude earthquake – an earthquake that killed nearly 8000 people and left other hundreds of thousands homeless – the world was shocked, and our news was filled with the catastrophe in Nepal. It was evident that a disaster like this touched us all. The dreadful experience, the grief and loss many have suffered can probably only be understood by those experiencing it. Especially the village Saurpani, on which I will focus my article, is a typical example for Nepal: a region jagged and shattered just like the whole country after the earthquake. “We were poor, but we were happy”, said one of the region’s elders. Now, many are left with desperation and the rage that no help is to be expected from their government. Earthquakes were long foreseen in the region of Nepal, due to it being located in a geological crumple zone. It was only a matter of time before the tensions

TEXT: KRISTINA WINTER / PHOTO: AP

between the tectonic plates would erupt and move up to 4 ¼ centimeters. Yet, the government of Nepal reacted in a rather chaotic manner to the predicted misfortune. The reports, that relief supplies have fallen into wrong hands or are only distributed amongst the political community, become more frequent. It is said that the government indeed wants to centrally allocate the aid for all the people in need; however, they are lacking vehicles, helicopters and most importantly, the overview of the situation. To make matters even worse, another obstacle is that the path to many smaller villages, like Saurpani, is mostly blocked and bridges are wrecked. This makes it almost impossible to get help into the village or to get people out of the village. One can only reach the Daraudi valley by foot. This valley has a river flowing through it, meaning people can access fresh water there. Moreover, the valley provides people with rice, as well as tents. No one wants to wait for the help of the government and no one has the time to wait for the heroes that promised to help Nepal either. ThereNEXUS SPRING 2015 |

fore, women and children fight their way through the forests to get to Daraudi and take the essentials to survive from there. People in this region are dependent on themselves, they are not hoping for anyone’s help. They were told that they would receive aid within the first couple of days after the earthquake but the transporters with relief supplies were denied entry at the Indian boarder due to the fact that the toll wanted to tax the import. It was only two weeks after the catastrophe hit Nepal that helicopters were able to provide the people with tarpaulins, which then were used as tents. One of the organizations with regard to providing help is Doctors Without Borders. Since April 29, medical teams have been traveling with helicopters and then mostly by foot to access villages and valleys hit by the earthquake and to treat people spread across some 15 isolated mountain villages. Soon after, one of their teams also set up a temporary clinic in the area of Chhapchet, and began providing basic health care and minor surgical interventions. The teams are currently working to spread the word in the surrounding villages that people can now come to the clinic to receive care. However, as mentioned above, serious logistical challenges, including continued congestion at Kathmandu airport and the fact that the majority of the most-affected areas are inaccessible by road, have hampered the efforts of the teams of Doctors Without Borders to scale up activities quickly. “Our priority is to reach people in places where no one else is going and who have not received assistance,” says Dr. Prince Mathew, who was one of the first staff members to arrive in the country. “[ ... ] It has been a huge challenge logistically to get the necessary supplies in through the congested airport, and secure the air transport we need to be able to provide medical assistance and deliver shelter and relief materials to the people in most urgent need.”

In my opinion, the teams do their very best indeed. They even have provided for mental health workers for people to deal with the trauma they have endured. “‘While hospitals in and around Nepal’s capital city of Kathmandu were overwhelmed with patients in the first days after the earthquake, the pressure has abated somewhat and the rush to treat patients with acute trauma has passed. People are now waiting for more minor or follow up surgeries, as well as treatment for regular illnesses.”’

KRISTINA WINTER / LLB 2

Slowly, also the World Health Organization ‘is surging additional medical supplies and health workers into the earthquake-affected region to help the Government of Nepal provide rapid medical assistance to the thousands who have been injured in the disaster. In addition, WHO is working in collaboration with Nepal’s Ministry of Health to coordinate the arrival and deployment of the medical teams coming from other countries and nongovernmental organizations.’ Though it is evident that more help is needed and the lack of medicine, shelter and food weights on Nepal’s government and population, many countries do their very best to raise awareness and money to send to Nepal. The international community’s response is clear: ‘We want to help.’ But compared to the Haiti earthquake 2010, where not only international organizations but also international superstars were raising money and awareness, Nepal seems to be rather a case on its own. This is probably due to the fact that Nepal is located offside from strong economic countries which would be willing to help, but now are limited by possibilities to access Nepal. No matter what point of view one takes, it is important to point out that even though help is on the way, and many volunteers of national and international organizations are doing their very best to help the people in Nepal, it most of the time does not reach the people on time and if it does it is not enough. Therefore, in my opinion the real heroes of Nepal are the inhabitants. They are the ones not giving up. They are the ones helping each other out. They are the ones building up their lives again. They are the real heroes of Nepal.

Female Genital Mutilation: The Sexual Prison

TEXT: NATHALIE BIENFAIT / PHOTO: ASSOCIATED PRESS

Disclaimer: This article contains accurate information on topics which may be considered senstive Female Genital Mutilation (FGM), otherwise known as genital cutting or female circumcision, affects millions of women across the globe, plays a major role in the cultures of Africa, the Middle East and Asia, and, due to increasing globalisation, has now found its way into Europe through migrant communities - with some estimates calculating that up to 680,000

women and girls in Europe are affected by the procedure; in the United Kingdom alone it is reported a staggering 137,000 individuals are affected or at risk. Despite its growing relevance on this continent and others around the world, why is it that only one case has been brought by the Crown Prosecution Service in England, one case in both the Netherlands and Denmark, two each from Sweden and Italy, and six in Spain? Only France boasts the more realistic number of 40 court cases brought for FGM. In addition to a lack of judicial protection, migrant women are especially under pressure trying to reconcile a westNEXUS SPRING 2015 |

OPINION

NATHALIE BIENFAIT / LLB 1

ern view of sexuality with their mothers’ cultural practices and beliefs. The aim of this article is to raise awareness of the frequency of this procedure in our own cultures, what we can do to raise awareness, and how it could be possible to grant future generations the pain-free sexual freedom and safety from this highly intrusive operation, which they deserve as a human right. There are four main types of FGM, increasing in severity and invasiveness: Type 1, in which part or all of the clitoris is removed; Type 2, which involves the partial or total removal of the clitoris and labia mino23

“

In some cultures, festivals are held in which large numbers of young girls are cut and then rewarded with presents, flowers and jewellery

ra; Type 3, which sees the vaginal opening narrowed through repositioning and sealing the labia and Type 4 which includes any other harmful procedure carried out in the same way on the female genital area, including burning and making incisions. Such surgery is usually carried out by older ‘wise women’ in unhygienic, unsanitary conditions without anaes-

”

thetic . Sometimes even festivals are held in which large numbers of, ordinarily very young, girls are cut and then rewarded at the end of the operation with presents, flowers and jewellery. Such contradiction is an utterly bewildering experience for the girls, who then do not know who to trust; potentially causing them psychological damage that can last a lifetime. For example, Khadija Gbla, when giving a TED talk in 2014 spoke of how she had made herself forget the procedure which her mother had subjected her to, until, years later, as an activist in Australia, campaigning against the very FGM that had deprived her of a clitoris, she dimly remembered this event in her distant and already traumatic childhood. Another psychological complication also raised by Gbla in her TED talk, is the conflict faced by migrant women coping with FGM in a westernised, sexualised context, in which great emphasis is put on women, through magazines and the media, to embrace their sexual freedom. Gbla explains that, because these magazines are so “clitoris centric” her experience left her feeling robbed of the feelings she felt she was entitled to have as a young female discovering life in Australia. In what she calls her mother’s “strange definition of empowerment”, she explains that the main cultural reasons for FGM lie in the ambition of cultures to control the sexuality of women; to restrict their sexual desire, thus making women

‘freer’ to pursue more important aims without the risk of distraction. Such a strong attitude presents a huge dilemma for these women who must harmonise the reality of their own bodies, while trying to embrace their new surroundings and feel part of their adopted culture. Such issues are prevalent in Europe, especially England (which reportedly has a far higher number of cases than other European countries), where, although psychological counselling and charitable resources are available, many women feel so isolated, that they are rendered unable to seek help. Furthermore, because women are unlikely to seek professional medical care, they are even less likely to pursue legal help for the problems that “affect every area of [their] lives.” Thus, although FGM is illegal in most European countries, we find the reason behind the aforementioned shockingly low prosecution rate for FGM in Europe. For example, the only case brought by the Crown Prosecution Service in England and Wales ended in acquittal after a less than 30 minute deliberation by the jury, raising questions over whether the western world is willing to face this crisis within our own communities. The most important thing for campaigners against and sufferers of FGM to remember is the fact that it is wrong. It amounts to child abuse, human rights violations, discrimination and an injustice to women across the world.

PHOTO: LATIMES BLOGS/ LA TIMES

NEXUS SPRING 2015 |

It is essential to understand that, at the core of this issue, as put succinctly by the NHS website, “FGM has no health benefits;” there is no improvement that women and girls can expect to gain sexually or personally from undergoing this procedure. Indeed, as reported by countless survivors and health experts, all affected women endure consistent pain and joyless sex, incontinence, risk of infertility, persistent urine infections and complications during childbirth - as seen in the aforementioned case in the UK, in which the accused gynecologist was obliged to reverse the Type 3 procedure undergone by the victim in order to deliver her baby. So why is it that so many women still, even when living in a new country as immigrants and being exposed to a different experience of female sexuality, insist on flying doctors from their home countries, or sending their daughters back home to undergo this procedure? The answer must lie inherently in the patriarchal nature of the majority of cultures which practice FGM. Such a violation of women’s health is the purest and most antagonistic form of restriction on the rights of women, and therefore constitutes a manifestation of the patriarchy which, in the western world, we have striven to eradicate as much as possible. Leading on from this idea, therefore, it may be argued that the continued practise of this invasive procedure must be a product of the failure of the western world to integrate at-risk women into a culture of increased female empowerment. It may be argued by some that we should not be so quick to impose our western ideas on cultures which are clearly different and independent; that we should not be arrogant and assert that our own practices are superior to those which practise FGM, however, as stated by many sources, including the World Health Organisation , the practice is a violation of the human rights of women and girls, which must be taken as an objective standard by which to judge the effect of these procedures on fellow humans. Much of the language surrounding FGM can disguise the fact that it is such a harmful procedure, for example it is often referred to as ‘Female Circumcision’, added to the fact that each of the four ‘Types’ have medical-sounding names, such as ‘clitoridectomy’ (Type 1) or ‘excision’ (Type 2). The violation of the rights of women and girls is exemplified by such mixed messages over whether it is a positive or negative procedure, illustrating the need for increased educa-

tion, coverage and support for affected women. There is much support for affected individuals in western countries, for example in the UK there is an NHS helpline and numerous charities to which women can turn for help. The lack of use of these resources, however, indicates that, even though women may be living in a new country in which there are far more opportunities to get help and to fight against this practice, their communities have failed them by denying them the simple right to pleasure and their own bodies. To conclude, it is imperative that we understand that FGM is not just a problem in Africa, Asia or the Middle East; FGM is a current problem in Europe, America and Australia as well. With more publicity and more conversation and coverage, we can help affected women recognise what has been done to them in order to break the cycle of the FGM culture. The psychological as well as physical damage, which this invasive procedure imposes, results in lifelong suffering and stress, something no woman, or even human being, should be required to cope with, regardless of their culture. Culture, in turn, cannot be used as an

“

Such a violation of women’s health is the purest and most antagonistic form of restriction on the rights of women, therefore is an extension of patriarchy

”

excuse to take away something so fundamental to being a woman as sexual freedom and pleasure, indeed, as the lively Khadija Gbla put it, “damn it, every child has the right to a clitoris.”

If YOU know anyone who is at risk of, or is affected by FGM, do not hesitate to help them - send them to these websites for psychological, medical and sexual support: http://www.forwarduk.org.uk/ http://www.dofeve.org http://www.nhs.uk/conditions/

http://www.28toomany.org/

TEXT: BART VAN DER GEEST

TED TALKS

TED BART VAN DER GEEST / LLB 2

The Next Outbreak? We’re Not Ready. By Bill Gates

We are not ready for the next epidemic. This is the conclusion that the World Health Organisation (WHO) drew in admitting the mistakes that it had made in its slow response to last year’s Ebola outbreak in West Africa. Since March 2014 the world’s worst Ebola epidemic has killed over 10,200 people in the three most affected countries of Guinea, Liberia and Sierra Leone – a number that could have been reduced dramatically had the international community stepped in immediately. In his modest but enlightening Ted Talk, Microsoft co-founder and philanthropist Bill Gates addresses the problem by calling for an effective global alert and response system that can be deployed rapidly in order to deal with the next epidemic. This could perhaps be the first step in addressing future epidemics. NEXUS SPRING 2015 |

“The problem wasn’t that there was a system that didn’t work well enough,” Gates observes, “the problem was that we didn’t have a system at all”. In its report titled ‘Pushed to the limit and beyond’, Medecins Sans Frontières (MSF) said that when it first raised the alarm over Ebola, the WHO failed to respond, while the national governments of Guinea and Sierra Leone downplayed the epidemic and accused MSF of spreading fear and panic. Only three months later on August 8th, the WHO at last declared the outbreak a “public health emergency of international concern” when the realisation dawned that Ebola could cross the ocean and pose a threat to people overseas. “By this time, more than 1,000 people had already died” and MSF had long run short of human resources, the report reads. “The Ebola outbreak has been often described as a perfect storm: a crossborder epidemic in countries with weak public health systems that had never seen Ebola before,” said MSF Belgium General Director Christopher Stokes. “Yet this is too

convenient an explanation. For the Ebola outbreak to spiral this far out of control required many institutions to fail. And they did, with tragic and avoidable consequences.” The MSF did a great job in orchestrating volunteers and in getting thousands of health workers to locate and fight the epidemic and prevent a global outbreak of Ebola. However, a large epidemic would require the deployment of hundreds of thousands of field doctors and the failure to prepare adequately could allow the next epidemic to be dramatically more devastating than Ebola, Gates warns. One of the reasons why Ebola remained largely within the borders of the three infected states is because the virus does not spread through the air; rather it is transmitted through direct contact with infected blood or body fluids. Also, by the time it becomes contagious, most people are so sick that they’re bed-ridden. Gates proposes a number of action plans that should improve international preparedness. First, he calls for the need to PHOTO: BRET HARTMAN/ TED

strengthen healthcare systems in poor countries where epidemics arise most frequently, so viruses can be identified at an early stage. In Western Africa for example, the public healthcare systems all lacked the resources necessary to recognize and efficiently respond to the Ebola virus, which ultimately contributed to the virus surging through the region. Secondly, explaining that the new global threat is “microbes not missiles”, he urged that we need a medical reserve core that can be deployed rapidly in coordination with military forces in countries that are infected with an epidemic. He hereby joins the view of the WHO, which has vowed to create a Global Health Emergency Workforce, a system “made up of teams of trained and certified responders who can be available immediately”. The cost of keeping an elite medical strike force ready to respond would be a bargain compared to the trillions of dollars a serious epidemic could cost in terms of lives and damage to the global economy, according to Gates. In addition, more time and money needs to be invested in research and development in areas of vaccines and diagnostics. However, there is little financial incentive to invest in vaccines since most epidemics threaten developing countries where money is scarce, said epidemiologist Seth Berkley, chief of Gavi, a global vaccine initiative. “We need to take on the risk of vaccine development and stockpile PHOTO: DANIEL BEREHULAK

creation, having an ultimate deterrent available but praying never to use it.” Finally, as part of a call to be battle-ready and practice what he calls ‘germ games not war games’, Bill Gates even set up a mock Ebola field hospital outside the TED conference in Vancouver. What Gates did not mention in his talk is that improving communication, such as communicating risks early and communicating what is needed, could go a long way in ensuring the rapid deployment of an emergency healthcare workforce. Transparency, accuracy, response management and engagement in outbreak preparedness must be the responsibility of the whole community, including those countries that are victims of the epidemic. As Gates mentioned, “if there is one positive thing that can come out of the Ebola epidemic, it is that it can serve as an early warning to get ready”. Dealing with dangerous epidemics calls for better preparedness and more responsiveness on the part of the international community. The Ebola outbreak in Western Africa has shown that we are currently unprepared for a future epidemic, and actions must be taken to prevent further tragic and avoidable consequences. Putting into place an effective global alert and response system that can respond immediately to epidemic outbreaks would be cost-effective in the long run and could potentially save thousands of lives.

GMO OMG! DEBATE

Should the European Union Ease its Regulation on the Cultivation of Genetically Modified Organisms (GMOs)?

CONTRIBUTORS:

• • • • •

ELLIE TODOROVA ANDREW ZUIDEMA JAkOB EMBACHER ANNA KOVACS BART VD GEEST

HOW ARE GMO CROPS REGULATED IN EUROPE? TEXT: BART VAN DER GEEST / PHOTO: REUTERS

What are GMOs?

EU’s GMO regulation

Genetically modified (GM) crops are plants whose genetic material has been artificially manipulated in a laboratory. By using genetic engineering processes, scientists are able to take genes from one species and insert them into another in order to obtain a desired trait or characteristic. The most common form of genetic manipulation is the introduction of bacterial genes into cash craps, in order to enhance their growth, nutritional value or resistance to pests. As a result, GM crops grow more efficiently and farmers rely on less pesticides, which have proven to be harmful for human health.

The European Union’s regulation of genetically modified organisms (GMOs) is known as one of the most stringent in the world. Before a GM crop can be cultivated on European territory, a thorough risk assessment must be carried out by the European Food Safety Authority (ESFA) in order to ensure safety for human and animal health and for the environment. Currently, once a GMO has been authorized at EU level, the resulting decision is applied to all EU countries; individual EU countries can only ban the GM product if they can prove that it may cause harm to human health or the environment.

According to a 2013 report by the agro-biotechnology agency ISAAA (‘International Service for the Acquisition of Agri-Biotech Applications’), 18 million farmers use GM crops worldwide, the largest concentration of which are situated in the US, Brazil, Argentina, India, Canada and China. In recent years GM crops have expanded rapidly in developing countries, accounting for approximately 54% of worldwide GM cultivation. It is said that more than 80% of processed foods consumed in the United States today contains at least some GM ingredients.

This is about to change in a new regulation adopted by the European Parliament on January 13th (that is currently awaiting approval by the Commission), allowing EU Member States to restrict or ban the cultivation of crops containing GMOs on their own territory, even if this is allowed at EU-level. Member States may now also prohibit GM crops on other grounds, including socio-economic impact, public policy or town and country planning requirements. While most countries will impose national bans on GM products, some will ease regulations, including Sweden, Britain, which does a lot of plant research, and Spain, which already has over 130,000 hectares of GM Maize. NEXUS SPRING 2015 |

DEBATE

BART VAN DER GEEST / LLB 2

GMO Pros and Cons The cultivation and importation of GM products is still heavily contested throughout the EU. Although numerous scientific panels, including the U.S. Food and Drug Administration, have concluded that consumption of GM foods is safe, polls have shown that public opinion in Europe for years has been strongly against GMOs. European policymakers have responded to their constituents rather than scientists, and so far only two GM crops have been approved for farming: insect-resistant maize MON 810 from Monsato and the GM potato from German chemical giant BASF (not for consumption). In its 2014 report named ‘GMO myths and truths (version 2)’, Earth Open Source Institute indicated, inter alia, that GM crops: can be toxic, allergenic or less nutritious than their natural counterparts, do not reduce pesticide use but increase it, create herbicide-tolerant “superweeds”, compromise soil quality and reduce crop biodiversity. Furthermore it concluded that, “they provide no solution to the major challenges of our time: climate change, the energy crisis and world hunger.” It is also widely acknowledged that their long-term effects on health and the environment are still unknown.

Supporters of GMOs claim, however, following a study by researchers from the University of California at Davis that looked at health data on more than 100 billion animals, that there are no health effects attributable to a switch from non-GMO feed to GMO. Others, including plant geneticist Pamela Ronald in her TED Talk ‘the case for engineering our food’, state that modern genetics “is sometimes the most effective method to advance sustainable agriculture and enhance food security for our planet’s growing population.”

Final remarks In considering whether the European Union should ease or tighten its regulation for the cultivation of GM crops, I believe we should not disregard the main arguments on both sides of the debate. While I believe that scientifically approved GMOs do not pose any threats on our health, I remain concerned about the long term effects of GM crops on the natural environment and I remain skeptical of whether the cultivation of GM crops is the solution that will be able to answer the major challenges of our time.

ELLIE TODOROVA / LLB 2

A BULGARIAN PERSPECTIVE TEXT: ELLIE TODOROVA

Many fear that relaxing GMO regulations will turn out to be a slippery slope and will pave the way for the incorporation of so much synthetic biology into our everyday lives, that it will be hard to control its effect on our health and the environment. While the use of almost no pesticides in agriculture is a tempting idea, especially in light of humanity's unprecedented levels of environmental impact, in my opinion, that does not mean that GM cultures ought to be embraced. After all, the disadvantage of the unknown long-term effects should not be regarded as paranoia. Naturally, we attempt to be open-minded towards innovation and yet we do not want to let history repeat itself. An analogy can be made with the Dutch DES Daughters case, where non-sufficiently tested medicine prescribed to pregnant women led to post-birth defects in children. In light of that reasoning, I see the EU's initial cautious approach, manifested in the

existing legal framework, as appropriate. With regard to the upcoming regulation, I believe that while Member States' autonomy is important, the matter should remain predominantly regulated at EU level. It will be easier for Member States to give into the economic pressure of planting GMOs on a wide scale without conducting the necessary evaluations. At Union level, while that remains a possibility, it is definitely less likely in my view, especially since the funding for such assessments would be more signficant. And if Member States are given more discretion as to which products to allow into the internal market, EU consumer awareness should remain a safeguarded priority. Nevertheless, scientific GMO research is crucial as the EU strives to be able to compete with other major economic actors.

NEXUS SPRING 2015 |

DEBATE

GMO OMG! Should the European Union Ease its Regulation on the Cultivation of Genetically Modified Organisms?

JAKOB EMBACHER / LLB 1

AN AUSTRIAN PERSPECTIVE TEXT: JAKOB EMBACHER

Austria, my home country, always had a strong sceptical stance on the EUâ&#x20AC;&#x2122;s regulations concerning food. While the aversion towards it often stems from misguided hysteria and little information, one of the most recent outcries concerning seed policy was as important as it was justified. A directive proposed by the Commission sought to impose tough hurdles on the admission of seeds. As a consequence many sorts not being distributed by international companies such as Monsanto would have vanished, leading to an oligarchy in a pivotal market, namely seeds for our own food, and the variety of nourishment throughout Europe would have suffered irreparable damage. Especially older and rarer sorts would not have had the necessary financial backing to pass the process, for the admissions procedure would cost up to 12.000â&#x201A;Ź, a tremendous sum for many, peanuts for major corporations.

However, NGOs and civil society in several states succeeded in building strong pressure on the national as well as European level, which eventually led to the dismissal of the Directive by the Parliament with an overwhelming majority of 650 to 15 votes. This clearly shows the necessity for alert citizens in regard to this manner. We, as responsible Europeans, must never leave the future of our food to the neoliberal agenda of the European Commission and must scrutinise the progress of EU policy on the issue with a critical mind-set. We cannot accept that intense lobbying could succeed in driving back the diversity of our food, for the sake of our children as well as ourselves.

DEBATE

ANDREW ZUIDEMA / LLB 3

A DUTCH/CANADIAN PERSPECTIVE TEXT: ANDREW ZUIDEMA

The case for GMO's GMO crops seem to have the same reaction that the boogeyman has on children. Either you're scared of the idea or you simply don't care. The issues are the lack of research data on the long term effects, crop variation concerns and the increase in pesticide use. All are valid reasons of concern; however, they seem to be used as a scare tactic, as will be shown.

The issue of the long term effects of GMO It is true that current GMOs have little data on their long-term effects, but GMOs in general are tried and true. Ever hear the saying: â&#x20AC;&#x153;Eat your carrots, have you ever seen a rabbit with glasses.â&#x20AC;? The carrot never used to be orange; it was genetically altered this way by Dutch farmers (it has been claimed it was for the house of orange). The carrot is safe and, in my opinion, very delicious (unless you boil it). GMOs have been cleared by scientific panels and have been shown to be healthy for humans.

The need for crop variation is a key issue Crop variation over the fields is important when it comes to pollination and to ensure local varieties are preserved. However, not all crops can grow in all places. Regions of the worlds may not be well suited for crops, and this is where GMOs come in. With the ability to redesign the genetic code, engineers can allow crops that would not survive in harsh conditions, to be able to thrive.

The increased use of pesticide in a GMO GMOs have not always been able to reduce the use of pesticides in crops. What might not be known is that the use of pesticides in conventional farming (with non-GMO crops) has also increased throughout the years. As pesticides are sprayed, over the years the weeds become more resistant to their use and farmers are forced to spray more often. Does this mean that everyone should now stop what they are doing and embrace GMOs? Of course not, everyone should make their own informed decision. Maybe you prefer organic food or even wish to grow your own. However, GMOs should not be generally banned from the EU. It should be up to the consumer to decide when the time comes, with clearly marked packaging. NEXUS SPRING 2015 |

CARTOON: WIENER ZEITUNG

A SLOVAKIAN PERSPECTIVE

ANNA KOVACS / LLB 1 TEXT: ANNA KOVACS

Even though many scientists claim that GMOs are harmless to human health, I am concerned about the long-term effects of the cultivation of genetically modified crops. My main objection to their allowance has its roots in environmental and agricultural concerns. Although scientific studies seem to demonstrate that GMO crops are more efficient for agricultural production compared to non-GMO crops, scientists do not appear to have answered the question of whether these GMO plants have any detrimental effects in the long-run. If they have such effects, it could mean a huge strike on human health and the environment. I believe that science and technology have their respective roles, namely to explain and invent. Old,

natural processes do not necessitate any explanation or intervention; scientists should refrain from interfering with it. In my opinion, even if the cultivation of GMO crops leads to a rise in agricultural production, it is not sustainable, since there is a chance that we would exhaust one of natureâ&#x20AC;&#x2122;s most important resources: soil. Following this line of thought, I agree with the proposed EU legislation that gives Member States enough space to initiate strict policies against the cultivation of GMO crops if it is deemed necessary. This is also because the Member States and more specifically, the regional authorities have more knowledge of their own natural resources and are therefore the most competent to decide which usage of soil is most suitable and sustainable for them.

Introducing...

NEXUS SPRING 2015 |

Who Are We? The Groningen Journal of International Law is a student-led, notfor-profit, open access, electronic journal edited by students at the University of Groningen.

What Do We Do?

The Journal seeks to advocate an outlook where legal change, rather than legal description is at the forefront. As such, we address contemporary challenges in international law and novel solutions for combatting them.

We invite academics from all over the world to write on contemporary international legal topics, which then are edited and reviewed by a student team of Copy Editors and Language Editors. Additionally, a student team of Ambassadors is in charge of general fundraising and promotion for the Journal and the organisation of events. GroJIL publishes biannually, in May and in December, with each issue addressing a different topic.

Our Latest Issue

GroJIL’s latest issue, volume 3, issue 1: ‘International Arbitration and Procedure’, was published on 29 May 2015, and is available at www.grojil.org. The issue focuses on challenges caused by the ever-increasing volume of international arbitration, calling for more effective and innovative solutions. As it is a burgeoning field, the main aspects addressed in volume 3, issue 1, include the balancing of different interests at stake in international arbitration, the openness of procedures and the correct forum for bringing disputes.

GroJIL is Recruiting!

Previous issues of GroJIL include: ‘The Responsibility to Protect’, ‘Human Trafficking’ and ‘Privacy and the Internet’ - all available on our website!

As of August 2015, GroJIL will be accepting applications for the following positions:

Editing Representative (Editing Committee)

Publishing Director (Editorial Board)

Treasurer and Secretary (Editorial Board)

More information available on our Recruitment page at www.grojil.org/recruitment

TEXT & PHOTOS: CHRISTINA LYKKE SMITS

LIFE AFTER

GRONINGEN

ALUMNI:

... AT OXFORD

CHRISTINA LYKKE SMITS / ALUMNI

Lykke Smits graduated from the LLB in International and European Law with a damaged liver and an album full of memories and compromising pictures. She then went on to complete an LLM in corporate law at University College London (distinction) as top 8% of the year before accepting a place for the MSc in Law and Finance at the University of Oxford. Further to her studies, she has a seat on the board of a Danish company.

Dear Nexus members, There is something mind-numbingly odd about being asked to contribute to an alumni section as it undoubtedly requires a great deal of self-reflection, inflated ego and caster sugar to make it all go down. Even more so, it requires me to lay out my achievements, at the mere age of 25. The easiest thing (for me) would be to waste the coming two pages listing the titles and achievements of the lecturers I encounter daily. Unfortunately, those of you with such aspirations should seek comfort in the wonders of Google. Rather, my intention with this contribution is to write something that will ease the minds of those who have no clue what they are doing or where they are heading. I hope to elude to you the thoughts of someone who struggled to find a path but rather kept walking in the hope to find new pastures. I beg you find the patience to bear with me as I attempt to untangle the clumsiness of a simple mind. Much of my story begins in 2011. I still remember my first supervisor meeting relating to my LLB dissertation. Laying out my thoughts and hopes for the paper, unveiled the unnerving silence of diving, head

first, out of my comfort zone. At the time, very few LLB’ers had bothered engaging with corporate law and I thus had to find my own supervisor and read up an entirely new field. But with it came a sense of calm from finally studying something of interest (few can say that about corporate structures!). When graduation day arrived, a ‘trans-genademic’ moment arose as my diploma was cut out for a job in the UN, but I truly felt there was severe injustice in how corporate structures can lead to exploitation and social imbalance. I wanted to change the corporate mentality from within. However, with little experience in the field, I turned to my friends who noticed a position with Morgan Stanley Capital Index in Brussels, which I was fortunate to accept an offer from. Often, the most valuable learning experiences come from practically engaging with your field. Thus, producing ten financial analyses a day, taught me the cruelty and obvious pitfalls in how we structure contemporary corporate governance and measure ‘value’ in financial markets. These experiences catapulted me in to applying for

NEXUS SPRING 2015 |

1. OXFORD - PUNTING WITH NIENKE 2. OXFORD - LATE NIGHT COFFEE AT AT THE RADCAM 3. OXFORD - MICHAEL SANDEL AT THE OXFORD UNION 4. OXFORD - POLO 5. OXFORD - 6AM ROWING ON THE THAMES

the corporate LLM at University College London. I immensely enjoyed the city and receiving the attention of a top-tier institution undoubtedly both challenged and focused my efforts. It was also during this time I realised that a top five QS ranked degree is not an end station but rather a path leading to something new. For me that was finance. Much literature and thinking is lost when lawyers fail to understand the financial aspects of the law. A friend informed me of a degree in Oxford, which sought to bridge this exact gap. Now eight months along, I dare say blood, sweat and tears have been invested. An Oxbridge degree goes beyond the employment signal offered by a world-renowned university. It challenges you, breaks you, then picks you up and hugs you. There is no room for excuses. I trust, as fellow lawyers, you will appreciate the inherent challenge in sitting an exam in financial economics at an MBA level, a month after arriving. Spending Saturday nights completing covariance-matrixes for portfolio risk is now a strangely welcome distraction. Yet, it is this very process that has transformed me in to an Oxonian (along with winning the boat race against Cambridge… again). More specifically, the MLF programme is unique in offering two full programmes in one, infusing only the best from the MBA at Saïd Business School and the BCL at the Faculty of Laws. Yet, it is the secret side of Oxford that seals the deal – the quiet moments of cognitive solitude and profound reflection. Like the mind-clearing process of a 6am rowing ses-

sion as the sun rises over the Christ Church Meadows. Or the hours spent punting in a Harry Potter gown whilst sipping Pimms. Even more so, the secret passage under Oriel College or the forgotten bench at Worchester College where the swans knowingly swim by, as if your distress is that of thousands before you. It truly is a magic place. Yet, the most striking (and often surprising) feature is the irrevocable humbleness of every student here. No one feels entitled or better – most of us are continuously perplexed as to how we got here. Kierkegaard informs us that ‘to dare is to lose one’s footing momentarily. Not to dare is to lose oneself ’. That is my bit of advice. Test the waters and see where it takes you. All in all, much has happened since the Groningen days. Undoubtedly, the most important lesson has been that cooperation wins over competition and hard work beats talent, when talent does not work hard. I am not trying to say an Oxbridge degree is the only way in life. Like trains, we should not run on the one same track, but rather shift along the way, pick up new passengers and refuel (with the occasional beer in the sun). After almost eight years abroad, I can only say that I have been blessed with kind-spirited and helpful friends. My hope is that you find such friendships and support through Nexus, who challenge and guide you in finding your own way.

In true Nexus spirit, please feel free to contact me via Christina.smits@law.ox.ac.uk if you have any imminent questions on Vikings or requests for compromising pictures of previous board members. - Lykke Smits

TEXT & PHOTOS: JOCHEM DE KOK

JOCHEM DE KOK / ALUMNI

LIFE AFTER

GRONINGEN ALUMNI:

... AT CAMBRIDGE

Jochem de Kok graduated from the LLB in International and European Law (honors, cum laude) in 2013, and from the LLM in Legal Research (cum laude) in 2014. He is currently an LLM candidate at the University of Cambridge. It is a privilege and pleasure to contribute to the latest edition of Nexus Magazine. Before moving on to discussing my life here in Cambridge and before providing you with some somewhat cheesy life advice, I will first provide a short overview of how I ended up in Cambridge.

with the LLM in Legal Research, after which I ended up in Cambridge.

During my studies, I moved a total of five times to fund travels with the money I could save on rent. This allowed me to teach English in China (twice), and to volunteer in India and KenFive and a half years ago, I decided to study Inya. I furthermore became active in Nexus, and ternational and European Law at the RUG. Like co-founded the Groningen Journal of Internamost of us, I wanted to study an international tional Law. I did internships at two law firms, subject, and because I had a broad interest in law, and was recently working with the Cambridge economics and politics, the LLB provided an ex- Pro Bono Project on a pro bono research memcellent match. Looking back, starting the LLB is orandum for a pending case before the Incertainly one of my best life decisions. I am very ter-American Court of Human Rights. thankful for all the friendships, for the excellent education, the network of internationally mindCambridge is a wonderful place to study, but ed colleagues, and the opportunities that the LLB perhaps even more important, it is a wonderful program has brought after graduating. place to reflect on life. It is beautiful, calm, and it almost feels like time passes at a slower pace. During the second year, I decided to take some Every day there are various guest lectures by extra courses in economics at the Faculty of renowned academics, politicians, international Economics and Business. And after coming back judges and diplomats, and through your College from my exchange in Madison, Wisconsin, I you get to know students from all disciplines. (In dropped economics in favor of Dutch law in or‘Oxbridge’ you’re both a member of the faculty der to keep open the possibility of qualifying for and of your college, sort of like the four houses the Dutch bar. After graduating from the LLB, in Harry Potter). One particularly nice aspect of I decided to continue my studies in Groningen studying here are the many ‘formal halls’, three or

NEXUS SPRING 2015 |

1. CAMBRIDGE - KING’S COLLEGE 2. CAMBRIDGE - LAW FACULTY BY NIGHT 3. CAMBRIDGE - ROBINSON COLLEGE MAY BALL 4. CAMBRIDGE - PATH TO CITY CENTRE 5. CAMBRIDGE - ST. JOHN’S COLLEGE WITH ALEJANDRO

four course formal dinners where you must wear formal dress and gown in beautiful old halls. During these dinners you get to meet many people from all sorts of backgrounds, a truly enriching experience. Naturally the workload is quite intense, as you are expected to read hundreds of pages for each lecture and contribute actively in small group teachings. The lecturers expect a lot, and by the end of the course you are expected to have become an expert in the courses you have taken. It is therefore necessary to balance responsibilities, activities and time. An important lesson that I would like to share is that education is not just about the courses you are taking, or the grades you get for them. Of course, I would strongly encourage everyone to study well for exams, and put effort into research essays, but the academic life is so much more than that. Please enjoy life, go to guest lectures, travel, learn a new language, join societies, work on projects etc. These experiences will develop you as a person, and will open many doors in the future. A second lesson is to take time to reflect. Discover your passion or your drive. In the end, the fields of international and European law are quite competitive, so reflect on your vision.

Why are you studying law? What is your aim? Perhaps this degree is just an intermediate step, a law degree will be valuable whatever you decide to do after graduating. Perhaps your aim is to work in human rights, development policy, international business, you name it, then pursue that passion. Most LLB’ers will at one point enter into an existential crisis that goes along the lines of: ‘I won’t be a national lawyer, therefore I will never find a job’. This is often complimented with disappointment in international law and dislike for European law. If you are at that stage: don’t worry, everything will be fine, you will find a job, and all LLB’ers have ended up in great places. Also, European law really is quite fascinating once you get acquainted with it, and international law, while not always the most efficient body of law, has achieved a lot and it serves an important cause. So take time to reflect on your vision and passions and what you would like to achieve in life, there are a lot of opportunities out there, you just have to find them. All in all, I encourage you to get the most out of Groningen, to develop yourself both academically and personally, to take time to reflect, to discover what you would like to do after Groningen, and to work hard to get there. With hard work, perseverance and a bit of luck, anything is possible.

Please feel free to contact me via jochemdekok90@gmail.com if you have any further questions about the Research Master in Groningen or the Cambridge LLM program. - Jochem de Kok

Bibliography: Transnational Accessible Healthcare Caudra C B, ‘Right of access to health care for undocumented migrants in EU: a comparative study of national policies’ (2011) 22 European Journal of Public Health 2 Daniels N, ‘International Health Inequalities and Global Justice’ in Daniels N (ed), Just Health: Meeting Health Needs Fairly (Cambridge University Press, 2008) Giorgi M S, The Human Right to Equal Access to Health Care (School of Human Rights Research Series 1 Volume 53, Intersentia Publishing Ltd 2012) Grover A and Citro B and Mankad M, ‘The Consequences of Failure’ in Zuniga J M and Marks S P and Gostin L O (eds), Advancing the Human Right to Health (Oxford University Press, 2013) Menzer P T, ‘The Cultural Moral Right a Basic Minimum of Accessible Healthcare’ (2011) 21 Kennedy Institute of Ethics Journal Office of the United Nations High Commissioner for Human Rights, ‘The Right to Health’ (Fact Sheet No. 31, United Nations Geneva 2008) Toebes B C A, The Right to Health as a Human Right in International Law (School of Human Rights Research Series 1, Intersentia 1999) Female Genital Mutilation http://www.euronews.com/2015/02/05/how-many-cases-of-female-genital-mutilation-are-going-unpunished-in-europe/ http://www.publications.parliament.uk/pa/cm201415/cmselect/cmhaff/201/201.pdf http://www.nhs.uk/conditions/female-genital-mutilation/Pages/Introduction.aspx http://www.bbc.com/news/uk-england-31138218 http://www.ted.com/talks/khadija_gbla_my_mother_s_strange_definition_of_empowerment#t-738132 http://www.nhs.uk/NHSENGLAND/ABOUTNHSSERVICES/SEXUAL-HEALTH-SERVICES/Pages/fgm-resources.aspx http://www.who.int/mediacentre/factsheets/fs241/en The Heroes of Nepal http://www.doctorswithoutborders.org/article/nepal-msf-provides-assistance-remote-regions http://www.who.int/mediacentre/news/releases/2015/fmt-to-nepal/en/ NEXUS SPRING 2015 |

DEAR CONTRIBUTORS AND READERS, We would like to thank you for making the completion of this magazine possible. Did you enjoy reading this edition? We are making this magazine for you - yes you! Therefore we rely on your feedback, collaboration, input and comments in order to keep producing magazines that you want to read. So, please be in touch!

DEAR ALUMNI, The Nexus Magazine is always searching for alumni wanting to contribute to the magazine. The purpose of ‘The Life After Groningen’ segment is two-folded. Not only is it meant to inspire current LLB and LLM students by show-casing the different options out there (in the ‘real’ world) - it is also a great way for other alumni to keep track on what you are up to. Don’t give in to the ‘Law of Jante’ - we want you to brag about your accomplishments! However, this is no the only way you can contribute: (1) if you are working in, or know of, an organization you want to promote, (2) have tips on internships or working opportunities etc, or (3) just have something on your mind you want to share - Please let us know! If you are interested in writing for the magazine, email us at nexusmagazine.law@gmail.com or leave us a message on our Facebook page.

BEST REGARDS,

THE NEXUS MAGAZINE COMMITTEE