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A/58/181See also A/58/181/Add.1
In its resolution 2002/61, the Commission on Human Rights requested
the Secretary-General to report annually to the General Assembly on
the progress of efforts to ensure the full recognition and enjoyment
of the human rights of persons with disabilities. The Commission's
resolution was endorsed by the Economic and Social Council in its decision
2002/265 of 25 April 2002. The present report focuses on the issue of
procedural safeguards for persons with mental disabilities. It analyses
briefly the key international human rights instruments relating to persons
with mental disabilities, with a view to identifying the main substantive
standards and procedural guarantees applicable with regard to persons
with intellectual and psychiatric disabilities. In particular, the report
considers such issues as legal capacity, involuntary institutionalization
and involuntary or forced treatment, and reviews the way in which these
international standards are transposed into domestic legislation.
I. Introduction
A. Mandate contained in Commission on Human Rights
resolution 2002/61
B. Structure of the report
II. Human rights and disability: overview of the
main international human rights instruments applicable for persons
with mental disabilities
III. Legal capacity
IV. Involuntary and forced institutionalization
V. Involuntary and forced treatment
VI. Conclusions and recommendations
1. The present report is submitted in accordance with Commission on
Human Rights resolution 2002/61 of 25 April 2002,1
in which the Commission requested the Secretary-General to report
annually to the General Assembly on the progress of efforts to ensure
the full recognition and enjoyment of the human rights of persons
with disabilities.
2. Several reports are submitted every year to different organs
(General Assembly, Economic and Social Council) and subsidiary bodies
(Commission on Human Rights, Commission for Social Development) of
the United Nations on the issue of disability. In order to avoid duplication,
the present report focuses on the protection afforded by international
human rights law to persons with mental disabilities.2
The need to fill this information gap has been highlighted by the
Special Rapporteur on Disability of the Commission for Social Development
3. In its resolution 56/168 of 19 December 2001, the General Assembly
established an Ad Hoc Committee to consider proposals for a comprehensive
and integral international convention to promote and protect the rights
and dignity of persons with disabilities. Following the first session
of the Ad Hoc Committee, the General Assembly, in its resolution 57/229
of 18 December 2002, requested the Secretary-General to seek the views
of relevant bodies and organizations of the United Nations system
on proposals for a convention including, inter alia, questions relating
to its nature and structure and the elements to be considered. By
focusing on a particular issue not fully considered in the past, the
present report also aims at contributing to the discussions concerning
the proposed new convention on the human rights of persons with disabilities.
4. The present report focuses on the issue of procedural safeguards
for persons with mental disabilities and aims at clarifying the protection
afforded to them under international human rights law. In particular,
the report analyses such issues as (a) legal capacity and arrangements
for guardianship; (b) involuntary institutionalization; and (c) involuntary
or forced treatment. In the report, the term "mental disability"
(or "mental illness") is used in its broadest possible
sense, so as to include persons with intellectual and psychiatric
disabilities. The term "mental disability" is also used
to refer to individuals with no disability, who are nevertheless subject
to discrimination on the perception that they have a mental illness,
and individuals with a background of past treatment or hospitalization
as patients with a mental disability.
5. The report does not aim to be an exhaustive analysis of human rights
law as it relates to persons with mental disabilities. Therefore,
such issues as protection from inhuman and degrading treatment (including
protection from harm, unjustified medication and abuse of physical
restraint and involuntary seclusion, the right to be treated in the
least restrictive environment, the use of psychosurgery and other
intrusive and irreversible treatment for mental illness without obtaining
informed consent), sexual exploitation, sterilization, access to mental
health care and rehabilitation, and non-discrimination — although
of extreme importance for ensuring the equal effective enjoyment of
all human rights by persons with mental disabilities and closely linked
with the need for procedural safeguards — are not considered
on this occasion.
6. In order to solicit information on national legislation and practice
relating to persons with mental disabilities, the Secretary-General
distributed a questionnaire to States, relevant bodies and organizations
of the United Nations system and national human rights institutions.
Replies were received from the following States: Argentina, Armenia,
Belize, Costa Rica, Croatia, Guatemala, Lebanon, Mexico, Morocco,
Netherlands, Norway, Panama, Serbia and Montenegro, Spain, Sweden
and United Kingdom of Great Britain and Northern Ireland. The United
Nations Economic and Social Commission for Asia and the Pacific, the
Economic and Social Commission for Western Asia and the World Health
Organization submitted a contribution. The following national human
rights institutions and commissions also provided information: the
Human Rights Commission of Fiji; the National Commission for Human
Rights of the Hellenic Republic; the Hong Kong Equal Opportunities
Commission; the Islamic Human Rights Commission of the Islamic Republic
of Iran; the National Human Rights Commission of Mauritius; the National
Human Rights Commission of Mexico; the National Human Rights Commission
of Mongolia; the National Human Rights Commission of Rwanda; the Disability
Ombudsman of Sweden; and the Defensoría del Pueblo of Venezuela.
7. Section II of the report reviews briefly the key international
human rights instruments, with a view to identifying the main substantive
standards and procedural guarantees relating to persons with intellectual
and psychiatric disabilities. Section III considers the issue of legal
capacity and analyses the procedural safeguards existing under international
law to protect individuals against possible improper uses of guardianship.
Section IV deals with the issue of involuntary or forced institutionalization
and highlights the principles of international human rights law which
should govern admission to mental health facilities. Section V considers
the substantive and procedural standards applicable in the context
of treatment, with a particular emphasis on the human rights requirements
for informed consent. Finally, section VI contains some concluding
remarks and recommendations.
8. Despite the lack of United Nations human rights treaties specifically
addressing the special concerns of individuals with mental disabilities,
it is clear that this group of individuals is entitled to the same
protection that human rights law affords in general to all persons.
The Universal Declaration of Human Rights, in articles 1 and 2, states
that all human beings are born free and equal in dignity and rights
and are entitled to all the rights and freedoms set forth in the Declaration,
without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status. Although disability is not explicitly mentioned
among the prohibited grounds for discrimination, it is included in
the concept of "other status" and is therefore one of
the prohibited grounds of distinction.
9. Like the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights (article 2 (1)) and the International
Covenant on Economic, Social and Cultural Rights (article 2 (2)) include
specific provisions relating to non-discrimination, and provide persons
with mental disabilities with the right to liberty and security of
person, to fair trial and to recognition everywhere as a person before
the law, and the right to the highest attainable standard of physical
and mental health, to education and to work, respectively. The Committee
on Economic, Social and Cultural Rights adopted General Comment No.
5 (1994) on persons with disabilities, which spells out the relevance
of economic, social and cultural rights in the context of disability.
In addition to the two Covenants, which, along with the Universal
Declaration, form the International Bill of Rights, other core United
Nations human rights treaties are of relevance in promoting and protecting
the rights of persons with mental disabilities.3
10. While most United Nations human rights treaties do not refer
explicitly to persons with disabilities, other human rights instruments,
such as declarations and resolutions adopted by international bodies,
have set out agreed standards protecting this group of individuals.4
In particular, the General Assembly adopted two instruments specifically
aimed at protecting and promoting the human rights of persons with
mental disabilities, namely the Declaration on the Rights of Mentally
Retarded Persons (resolution 2856 (XXVI) of 20 December 1971) and
the Principles for the Protection of Persons with Mental Illness and
for the Improvement of Mental Health Care (resolution 46/119, annex,
of 17 December 1991).
11. As its inappropriate terminology shows, the Declaration is in
many ways outdated. It reflects an approach to disability commonly
referred to as the "medical model", in which persons with
disabilities are primarily seen as individuals with medical problems,
dependent on social security and welfare and in need of separate services
and institutions. Nevertheless, the Declaration shows the first signs
of a shift from a "caring" to a "rights-based"
approach and contains some important principles for the protection
and promotion of the human rights of persons with intellectual disabilities.
Significantly, the Declaration begins by stating that such persons
enjoy the same human rights as other human beings (para. 1). It then
includes a list of rights which are of particular relevance, including
the right to proper medical care and education.
12. The Principles set forth minimum human rights standards for persons
with mental disabilities, and provide valuable guidance for the implementation
of State obligations in the context of mental health facilities. They
apply to all persons with an actual or perceived mental illness, whether
or not they are admitted to a mental health facility. The Principles
state that all persons with a mental disability — or who are
being treated as such — shall be protected from discrimination
on the grounds of mental illness and are entitled to enjoy the full
range of civil, cultural, economic, political and social rights set
forth in international human rights instruments. The Principles establish
substantive standards and procedural guarantees for involuntary or
forced commitment and treatment in psychiatric institutions. They
also provide protection against the most serious human rights abuses
which may occur in such institutions, such as misuse or inappropriate
use of physical restraint or involuntary seclusion, administration
of improper medication as a punishment, sterilization, the use of
psychosurgery and other intrusive and irreversible treatment for mental
illness without obtaining informed consent.
13. The Principles have served as a model for drafting mental health
legislation in several countries, and represent an important instrument
for clarifying the content of general human rights law with regard
to the particular circumstances and needs of persons with mental illnesses.
However, it follows from their very legal nature that they cannot
impose the same level of legal obligation upon States as binding and
voluntarily accepted treaty obligations. Furthermore, they offer in
some cases a lesser degree of protection than that offered by existing
human rights treaties, for example with regard to the requirement
for prior informed consent to treatment. In this regard, some organizations
of persons with disabilities, including the World Network of Users
and Survivors of Psychiatry, have called into question the protection
afforded by the Principles (and in particular, principles 11 and 16)
and their consistency with existing human rights standards in the
context of involuntary treatment and detention.5
The Principles also lack specific provisions requiring the competent
judicial authority to adapt guardianship arrangements to the actual
capacities of the individual. The sections below provide information
on the actual implementation of the relevant international standards
at the national level, with a view to identifying those aspects which
may be strengthened in the new proposed convention on the human rights
of persons with disabilities.
14. Under international human rights law, individuals have the right
to be recognized as persons before the law.6
This right finds its corollary in the principle of autonomy or self-determination,
according to which each individual is presumed to be able to make
life choices and act independently on the basis of his or her conscience.
Individuals with a mental illness may in some circumstances be unable,
because of the severity of their condition, to protect their own interests.
In those cases, the person may be "incapacitated" and
placed under legal guardianship. The function of guardianship is to
protect the individual from any danger which his or her mental conditions
may cause.7 International human rights law requires
the adoption of substantial and procedural guarantees to prevent improper
recourse to, and use of, guardianship arrangements.
15. The right to recognition as a person before the law is often neglected
in the context of mental health. The concept of guardianship is frequently
used improperly to deprive individuals with an intellectual or psychiatric
disability of their legal capacity without any form of procedural
safeguards. Thus, persons are deprived of their right to make some
of the most important and basic decisions about their life on account
of an actual or perceived disability without a fair hearing and/or
periodical review by competent judicial authorities. The lack of due
process guarantees may expose the individual whose capacity is at
stake to several possible forms of abuse. An individual with a limited
disability may be considered completely unable to make life choices
independently and placed under "plenary guardianship".
Furthermore, guardianship may be improperly used to circumvent laws
governing admission in mental health institutions, and the lack of
a procedure for appealing or automatically reviewing decisions concerning
legal incapacity could then determine the commitment of a person to
an institution for life on the basis of an actual or perceived disability.
16. The Principles on mental illness establish substantive standards
and procedural guarantees against the improper use of guardianship.
Principle 4 states that a determination of mental illness must be
made in accordance with internationally accepted medical standards.8
Principle 1 (6) provides that any decision that, by reason of his
or her mental illness, a person lacks legal capacity, and any decision
that, in consequence of such incapacity, a personal representative
shall be appointed, shall be made only after a fair hearing by an
independent and impartial tribunal established by domestic law.9
The person whose capacity is at issue is entitled to be represented
by a counsel. In order to avoid possible conflicts of interest, principle
1 (6) also provides that the counsel shall not in the same proceedings
represent a mental health facility or its personnel and shall not
also represent a member of the family of the person whose capacity
is at issue. The decision concerning capacity and the need for a personal
representative must be reviewed at reasonable intervals prescribed
by domestic law and the person whose capacity is at issue, his or
her personal representative, if any, and any other interested person
have the right to appeal this decision to a higher court.
17. According to principle 1 (7), a person can be deprived of his
or her legal capacity only where a court or other competent tribunal
finds that a person is unable, due to his or her mental conditions,
to manage his or her own affairs. In that case, measures shall be
taken, so far as is necessary and appropriate to that person's
condition, to ensure the protection of his or her interests. The Principles
do not provide any element to evaluate whether the measures concerning
the denial or restriction of legal capacity adopted by the tribunal
are "necessary" and "appropriate". However,
the right to be recognized as a person before the law and the principle
of proportionality seem to suggest that any restriction on a person's
right must be based on a specific finding that the individual lacks
the capacity to make decisions by himself or herself with regard to
that specific activity. Consequently, the court's decision should
ascertain that the limitation of the individual's capacity is
strictly necessary to protect the rights of the person whose capacity
is at issue and specify exactly what powers the guardian has and what
legal capacity the person retains. Outside those cases, the placement
of persons with mental illness under plenary guardianship could constitute
a violation of the right to be recognized as a person before the law
and, insofar as it denies people with mental disabilities the ability
to exercise the same rights as all other persons, also constitutes
illegal discrimination under article 26 of the International Covenant
on Civil and Political Rights (equality before the law).
18. From the submissions received, it appears that, in general,
a person can be deprived of his or her legal capacity when she or
he is totally or partially unable to take care of his or her affairs
on his or her own, owing to a psychiatric or mental disorder. In some
countries, persons with a sensorial impairment who have not received
a proper education are deemed incapable of taking decisions concerning
themselves.10 The application is usually submitted
by a spouse, next of kin or the public prosecutor.
19. In most of the responding countries, the decision on legal capacity
is taken by the competent civil court, usually on the basis of the
views of a mental health practitioner.11 An exception
is represented by the Netherlands, where the decision on capacity
is taken by a care provider in consultation with the members of his
or her team, and usually after having heard the opinion of an independent
physician. In Hong Kong SAR, the appointment of a guardian is decided
by the Guardianship Board, which is composed of experts in different
disciplines. While the case is being heard, the judge can, in some
cases, adopt interim measures, including the appointment of a provisional
guardian, to protect on a temporary basis the interests of the person
concerned.12 The person whose capacity is at
stake is represented by his or her legal representative or provisional
guardian; in some cases, she or he can participate and be heard at
the capacity hearing.13 In Venezuela, such participation
is required for the validity of the proceedings.
20. Courts can usually choose among different guardianship arrangements.
In most countries, the legislation provides two kinds of guardianship
arrangements: "full guardianship", an arrangement for
those situations in which the person concerned is deemed completely
unable to act independently, and partial guardianship", a less
restrictive arrangement, in which the judge must specify the acts
that the person concerned may carry out independently and those for
which the assistance of a guardian is required. In some Spanish-speaking
countries,14 for example, the legislation distinguishes
between tutela (full guardianship) and curatela (partial guardianship).
In a few countries, the courts may choose among a wider list of options.
Under article 1679 of the Greek Civil Code, for example, the judge
may adapt the two existing forms of guardianship ("privative
judicial support", which corresponds to full guardianship, "auxiliary
judicial support") to the particular circumstances of the case
(so-called "combined judicial support"), and indicate
the legal acts that the persons may carry out on his or her own and
those for which she or he requires the guardian's approval.
In the Netherlands, the court may choose among the appointment of
a guardian (the most far-reaching protective measure), an administrator
or a tutor.
21. In most countries, the consequences of the determination of
legal incapacity depend on the form of representation chosen by the
court. In general terms, persons subject to full guardianship cannot
perform any legal act by themselves and must be assisted at all times
by their guardians (although they may retain the capacity to carry
out independently some legal acts belonging to the sphere of family
law, such as the testamentary capacity15 or the
capacity to get married),16 whereas persons subject
to partial guardianship retain their legal capacity for those acts
which have not expressly been attributed to the guardian. In Sweden,
a person for whom a guardian is appointed loses the right to decide
only on the matter(s) covered by the guardianship decision, but in
all other respects retains his or her legal competence; a person for
whom a conservator is appointed retains instead full legal competence.
In the United Kingdom, there are different approaches to testing capacity
and different definitions of capacity, most of which are set out in
case law rather than in statute. A new single definition of capacity,
called "functional test", is currently under discussion.
It would allow for cases in which the individual is able to make some
decisions, but is unable to understand the implications of others,
thus ensuring that they are not excluded from making decisions that
they are capable of making.
22. The submissions received indicate that, in the countries concerned,
the decisions concerning capacity may usually be appealed to a higher
court. In some countries, an appeal may also be lodged with other
authorities. In the Netherlands, for instance, the decision on capacity
may ultimately be reviewed by a complaints committee, the Medical
Disciplinary Board or the ordinary courts. In Sweden, an appeal can
be lodged with the chief guardian, whose function is to supervise
the administration work carried out by guardians and conservators,
or with the district court; in the former case, an appeal against
decisions of the chief guardian may be made to the district court.
Where a national human rights commission or institution exists, complaints
may also be lodged with it.17 In most of the
replies received, there is no reference to any requirement for a periodic
review of decisions concerning legal capacity and guardianship arrangements.
In Mauritius, there is a constant supervision by the Ministère
Public and a person may cease to be legally incapacitated if she or
he has been treated and has recovered his/her sanity.18
23. Article 9 (1) of the International Covenant on Civil and Political
Rights provides that everyone has the right to liberty and security
of person. No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his liberty except on such grounds and
in accordance with such procedure as are established by law.19
This provision is of extreme importance in the context of civil commitment
of persons with intellectual or psychiatric disabilities, as it requires
that the institutionalization of persons with disabilities in mental
health facilities be carried out in accordance with the substantive
standards and the procedural guarantees established by national law.
In its General Comment No. 8 (1982) on liberty and security of person,
the Human Rights Committee pointed out (para. 1) that the protection
afforded by article 9 (1) was applicable to all deprivations of liberty,
whether in criminal cases or in other cases such as, for example,
mental illness. In particular, the Committee recognized that the right
to control by a court of the legality of the detention applied to
all persons deprived of their liberty, and that States parties had
to ensure that an effective remedy was provided in other cases in
which an individual claims to be deprived of his liberty in violation
of the Covenant.
24. The general protection afforded under article 9 of the Covenant
is supplemented by the Principles on mental illness, which set forth
substantive criteria and due process protections against improper
detention in mental health facilities.
25. With regard to the substantive criteria, the Principles limit
involuntary admission to a mental health facility to people who have
been diagnosed with a mental illness by a qualified mental health
practitioner in accordance with internationally accepted medical standards.20
A determination of mental illness is a necessary but not sufficient
ground for involuntary commitment. Principle 9 provides, in fact,
that "every patient shall have the right to be treated in the
least restrictive environment" and principle 15 (1) stipulates
that where a person needs treatment in a mental health facility, every
effort shall be made to avoid involuntary admission. Therefore, a
person with a mental illness may be admitted to a psychiatric institution
only if one of the two additional criteria referred to in principle
16 (1) are met. According to the first criterion, the person must
present a "serious likelihood of immediate or imminent harm"
to him or herself or to other persons (principle 16 (1) (a)). Alternatively,
a person whose mental illness is severe and whose judgement is impaired
may be committed to a psychiatric facility if failure to admit or
retain that person is likely to lead to a serious deterioration in
his or her condition or will prevent the giving of appropriate treatment
that can only be given by admission to a mental health facility in
accordance with the principle of the least restrictive alternative
(principle 16 (1) (b)).
26. It has been noted that "this second criterion for commitment
is much broader than the first, and it creates a risk of opening up
psychiatric commitment to anyone who is determined to 'need
treatment'."21 However, the reference
to the principle of the least restrictive alternative greatly limits
the discretionality of the mental health practitioner, and permits
institutionalization only as an extrema ratio, that is, only when
the person cannot be adequately treated and cared for in the community
in which he or she lives (principle 7 (1)). Principle 16 (1) also
provides that in the case referred to in subparagraph (b), a second
such mental health practitioner, independent of the first, should
be consulted, and that if such consultation takes place, the involuntary
admission or retention may not take place unless the second mental
health practitioner concurs.
27. With regard to procedural guarantees, principle 16 (2) establishes
that involuntary admission or retention shall initially be for a short
period as specified by domestic law for observation and preliminary
treatment pending review of the admission or retention by the review
body. The grounds and the fact of the admission must be communicated
to the person "without delay", and also communicated "promptly
and in detail" to the review body, to the person's personal
representative, if any, and, unless the person objects, to his or
her family. The review body is a judicial or other independent and
impartial body established by domestic law and functioning in accordance
with procedures laid down by domestic law. Its function is to review
whether the decision to admit or retain a person as an involuntary
patient has been taken in accordance with the substantive criteria
set forth in principle 16 (1) (principle 17 (1)). In formulating its
decision, the review body is assisted by one or more qualified and
independent mental health practitioners, who must be independent from
the institution seeking the involuntary commitment.
28. The person, his or her personal representative and any interested
person have the right to appeal to a higher court against a decision
that the person be admitted to, or be retained in, a mental health
facility (principle 17 (7)). An involuntary patient may also apply
to the review body for release or voluntary status, at reasonable
intervals as specified by domestic law (principle 17 (4)). At each
review, the review body considers whether the criteria for involuntary
admission set out in principle 16 (1) are still satisfied and, if
not, the person has to be released. The review body also have the
task to review decisions concerning involuntary commitment ex officio,
at reasonable intervals as specified by domestic law (principle 17
(3)). Principle 18 contains detailed provisions to ensure that the
right of the person subject to civil commitment to a fair process22
is effective. The person has the right to choose and appoint a counsel
to represent him or her in any complaint procedure or appeal. She
or he and his or her counsel are entitled to attend, participate and
be heard personally in any hearing, and to request and produce independent
mental health reports as well as oral, written and other evidence
that are relevant and admissible. They also have a right to access
to the patient's records.
29. Some of the submissions received provided information on the
procedure to be followed in case of involuntary admission of a person
with a mental illness in a mental health facility. In general terms,
decisions concerning institutionalization can only be adopted by the
judicial authority, on the basis of a previous diagnosis of mental
illness. In some countries, where commitment to a mental health facility
is carried out without the previous intervention of the judicial authority
(i.e. in emergency situations, where there is a concrete and imminent
threat for the health of the person or the safety of others), mental
health authorities must promptly request a review of this decision
by the competent judge.23 In other countries,
however, decisions on compulsory care are taken by medical officers,
and only at a later stage subject to the scrutiny of the judicial
authority.24 In Sweden, for example, the decision
on compulsory care is taken by the chief medical officer at the department
of psychiatric care without the intervention of the court, which is
needed only if treatment must be provided for more than four weeks
from the decision on admittance.
30. In most of the countries concerned, institutionalization can
be requested only when the person presents a danger for him or herself
or other persons. In others, civil commitment in a psychiatric institution
may also be ordered when the person is in need of treatment.25
In the latter case, national legislation often provides procedural
safeguards, such as the appointment of a special representative for
the person (defensor especial),26 aimed at ensuring
that admission to psychiatric facilities is not prolonged for more
than is necessary for reasons of treatment. In Sweden, compulsory
care can only be provided if a person suffers from a serious mental
disorder and due to his or her mental condition and personal circumstances
has an unavoidable need of psychiatric care, which cannot be provided
in any other way than the patient being admitted to a medical institution.27
In a few cases (Costa Rica, Mexico), a person can be involuntarily
admitted as a patient without a previous diagnosis of mental illness,
on the sole basis of a certificate issued by a qualified medical doctor
stating that treatment is necessary for the patient.
31. The application for involuntary institutionalization is usually
lodged by a medical practitioner, the guardian or tutor or the closest
relatives of the mentally ill person. In some countries, the application
may also be submitted by other persons, such as the public prosecutor
(Greece), an approved social worker (Croatia, United Kingdom) or any
citizen when the person concerned represents a threat to public security.28
The decision on institutionalization is usually based upon the written
opinion(s) of one29 or two30
independent medical doctors or mental health practitioners. In Rwanda,
the judge must also seek the views of the Family Council, an institution
which protects and promotes the interest of the family and its members.
Usually, the court also hears the person concerned. In Venezuela,
for example, the absolute legal incapacity (interdicción) cannot
be decreed without the person concerned having been questioned and
four immediate relatives or, in their absence, family friends, having
been heard.
32. In most responding countries, decisions on involuntary admission
can usually be appealed to the higher court. In others, they are appealed
to the same court but decided by a different judge (Croatia, Rwanda).
Sometimes, involuntary patients or their representatives can apply
to a specific Mental Health Review Tribunal or Commission.31
Complaints may also be lodged with the national human rights institution
or commission, where they exist (Fiji, Mongolia). In Costa Rica, decisions
on involuntary commitment may be appealed against before the Constitutional
Chamber of the Supreme Court of Justice.32
33. Different mechanisms exist for the review of such decisions,
with a view to obtaining release. In Argentina, the Ministry for Minors
and Persons with Disabilities (Ministerio de Menores e Incapaces)
and the special representative (defensor especial) appointed pursuant
to article 482 of the Civil Code33 verify that
institutionalization is limited to the time strictly necessary to
ensure the fulfilment of the therapeutic needs of the person. In some
countries, the review of commitment decisions is carried out by medical
authorities at the institution, without the involvement of any independent
authority.34 In Fiji, the review is entrusted
to the Medical Superintendent and the Ministry of Health. In Greece,
the institutionalized person, his or her next of kin and the public
prosecutor may apply for the review of the commitment decision, and
the court decides, taking account of a report on the patient's
state of health prepared by the director of the psychiatric hospital
and another State psychiatrist.35 In Guatemala,
the review is carried out by the Dirección Ejecutiva of the
National Hospital for Mental Health. In Rwanda, the review of commitment
decisions is entrusted to the Family Council. In Spain, the review
is carried out periodically by the judge on the basis of information
provided by the medical authorities. In Sweden, it is carried out
by the court four weeks after the initial admittance, and a four-month
extension may be granted. For further extension of time, a new decision
by the court, granting authorization for at most six months at a time,
is needed.
34. The right to be recognized as a person before the law, along with
the basic human rights principles of dignity and autonomy, endows
individuals with the right to make independent life choices on the
basis of their conscience. Other rights, such as the right to privacy
(article 17 of the International Covenant on Civil and Political Rights)
and the right to freedom of thought, conscience and religion (article
18 of the Covenant), may also be relevant in ensuring the effective
enjoyment of the right to decide autonomously about one's life.
Persons with mental disabilities — and in particular those residing
in mental health institutions — are often deprived of this right,
on the assumption — sometimes erroneous — that they lack
capacity for self-directed action and behaviour. The violation of
their right to self-determination may be particularly serious with
regard to involuntary or forced treatment, that is, with regard to
those situations in which persons with mental disabilities are subjected
to medical treatment or scientific experimentation without their prior
informed consent.
35. Article 7 of the International Covenant on Civil and Political
Rights, which ensures protection from torture or other forms of inhuman
or degrading treatment, provides that no one shall be subjected without
his free consent to medical or scientific experimentation. The requirement
of free and informed consent is commonly alleged to be ignored in
the practice of many mental health facilities. In this regard, the
Human Rights Committee affirmed that special protection in regard
to such experiments is necessary in the case of persons not capable
of giving valid consent, and that such persons should not be subjected
to any medical or scientific experimentation that may be detrimental
to their health.36 The Committee on Economic,
Social and Cultural Rights linked this right to the right to health
(article 12 of the International Covenant on Economic, Social and
Cultural Rights), stating that the latter includes the right to control
one's health and body, including sexual and reproductive freedom,
and the right to be free from interference, such as the right to be
free from torture, non-consensual medical treatment and experimentation.37
36. The Principles on mental illness provide valuable guidance for
the interpretation of these human rights in the context of treatment
of persons with mental disabilities. Principle 9 sets out the basic
human rights standards with regard to treatment in mental health facilities.
Treatment must be directed towards preserving and enhancing the personal
autonomy of the patient, and be provided in accordance with applicable
standards of ethics for mental health practitioners, including internationally
accepted standards. Thus, patients have the right to be treated with
the least restrictive or intrusive treatment, and on the basis of
an individually prescribed plan, discussed with the patient and reviewed
regularly by qualified professional staff. Principle 11 provides persons
held in institutions with protection against forced or involuntary
treatment. It states that no treatment shall be given to a patient
without his or her informed consent. Informed consent is consent obtained
freely, without threats or improper inducements, after appropriate
disclosure to the patient of adequate and understandable information
in a form and language understood by the patient (principle 11 (2)).
The person has also the right to refuse or stop treatment, except
as provided for in paragraphs 6, 7, 8, 13 and 15 (principle 11 (4)).
In this case, the consequences of refusing or stopping treatment must
be explained to him or her. The right to informed consent cannot be
validly waived.
37. However, the Principles contain several exceptions to the right
to informed consent. Principle 11 permits involuntary treatment when
an independent authority finds that the person lacks the capacity
to give or withhold informed consent or unreasonably withholds such
consent, and is satisfied that the proposed plan of treatment is in
the best interest of the patient's health needs. For individuals
placed under guardianship, the Principles provide that the guardian
be fully informed about the treatment and consent to it on the person's
behalf (principle 11 (7)). Furthermore, involuntary treatment may
also be given if a qualified mental health practitioner authorized
by law determines that it is urgently necessary in order to prevent
immediate or imminent harm to the patient or to other persons (principle
11 (8)). The Principles also provide exceptions to the principle of
informed consent with regard to major medical or surgical procedure
and clinical trials and experimental treatment. Principle 11 (13)
states that a major medical or surgical procedure carried out on a
person unable to give consent can be authorized only after independent
review. Similarly, principle 11 (15) states that clinical trials and
experimental treatment on persons without their informed consent can
be carried out only with the approval of a competent, independent
review body specifically constituted for this purpose.38
38. Principle 11 provides procedural safeguards against abuse of the
exceptions provided in paragraphs 6, 7, 8, 13 and 15. Paragraph 10
provides that all treatment shall be immediately recorded in the patient's
medical records, with an indication of whether involuntary or voluntary.
The patient's personal records are maintained by the mental
health facility, and the person and his or her personal representative
and counsel have the right to have access to the information contained
in it (principle 19). These provisions aim at facilitating access
to information concerning involuntary treatment, with a view to allowing
the person, his or her personal representative, or any interested
person, to appeal to a judicial or other independent authority concerning
any treatment given to him or her.
39. In most of the responding countries, domestic legislation requests
that the person, or — when she or he is subject to guardianship
— his or her legal representative, be informed of his or her
rights and provide informed consent prior to treatment. In some countries,
consent to treatment may also be provided by the next of kin.39
With some exceptions,40 persons are usually informed
that their consent is necessary for the administration of treatment
and can always be withdrawn. In Fiji, decisions regarding treatment
of persons in institutions are usually taken by the Medical Superintendent,
on the assumption that once admitted the person consents "to
all treatments and procedures". Patients and their relatives
or guardians are sometimes "informed" of the procedures,
but in case of disaccord between them and the Medical Superintendent,
the latter's decision will prevail "if the treatment is
critical for the patient".41 In the Netherlands,
the legislation expressly recognizes the right to refuse treatment,
but the person's consent must be explicitly sought only in the
case of major examinations or forms of treatment. In other cases,
tacit consent is assumed instead.
40. In all the responding countries the principle of prior informed
consent is subject to exceptions, which in some cases are so wide
that they risk compromising the applicability of the general rule.
Usually, these exceptions include the lack of a legal representative,42
the need to adopt urgent measures to protect the patient's health43
or other persons (Croatia, Mongolia), risk for public health (Spain),
and the lack of other alternatives (Costa Rica). In the Netherlands,
the person may be treated against his or her will or that of his or
her representative only insofar as this is absolutely necessary to
avert a serious risk to the patient or others arising from mental
disorder. In that case, the person's closest relatives must
be informed, the Inspectorate notified and the measures registered
in the patient's medical records. In the United Kingdom, the
common-law principle according to which a valid consent is required
before medical treatment can be given is subject to exceptions in
statutes. Thus, treatment may be administered without the person's
consent when a second opinion from a registered medical practitioner
has ascertained that this is necessary in the patient's best
41. The requirement of prior informed consent seems to be applied
more strictly in the field of major medical or surgical procedure
and medical or scientific experimentations. In a few countries, medical
or scientific experimentations on human beings are expressly prohibited
by law.44 In most responding countries, medical
trials or research activities cannot be carried out without the person's
informed consent. When the person is unable — due to his or
her condition — to provide a valid consent, medical experimentations
can be carried out only when their guardians have been fully informed
about the nature, scope and implications of the project and have consented
to it (Costa Rica, Croatia). In the Netherlands, for example, research
on persons incapable of a reasonable assessment of their interest
— in principle prohibited — can be carried out with the
consent of the person's legal representative when the research
can only be performed on persons belonging to a specific category
and the risks are negligible. In some countries, medical or scientific
trials must be also approved by a medical ethics review committee
(Croatia, the Netherlands).
42. In the countries that replied to the questionnaire, patients or
their legal representatives can usually file a complaint with the
competent authority with regard to the treatment received in institutions.
In Mongolia, a patient, his or her legal representative or any other
interested person have the right to appeal a decision on medical treatment
before a court or the national human rights commission. In the Netherlands,
people residing in mental health facilities may lodge a complaint
before the independent complaints committee which is established in
each institution, the Medical Disciplinary Board or the Health Care
Inspectorate. In the United Kingdom, the patient, his or her legal
representative or the next of kin can apply to the High Court for
a judicial review of the decision concerning treatment, and the Court
has the power to adopt interim measures to prevent the treatment taking
place. Complaints can also be lodged with the Hospital Trust or the
Medical Health Act Commission, a statutory body with authority to
investigate complaints made by or on detained persons.
43. One of the major obstacles to the implementation of existing human
rights standards for persons with mental disabilities is the lack
of specific guidelines on their application. The Principles for the
Protection of Persons with Mental Illness and for the Improvement
of Mental Health Care provide a valuable starting point to clarify
the content of general human rights standards with regard to the particular
situation of persons with mental disabilities. However, a more detailed
analysis of the implementation of State human rights obligations in
the context of mental health institutions would be desirable. This
clarification could be provided, for example, by the Human Rights
Committee in a general comment.
44. The protection afforded by the Principles needs to be strengthened
in some cases. The language used is in some cases outdated. The term
"patient", for example, should be replaced by "person".
45. The Principles lack an explicit right to refuse treatment for
persons detained in psychiatric facilities. The generous exceptions
to this right contained in principle 11 deprive it of real meaning.
Psychiatric detention should not mean giving up a person's right
to choose his or her medical treatment. This right is firmly established
under international human rights law. Limitation of rights concerning
treatment decisions should always be subject to judicial review.
46. The Principles do not provide any element to evaluate whether
the decision on capacity adopted by a court is "necessary"
and "appropriate" to protect the interest of the person
concerned (principle 1 (7)). Any restriction on a person's right
must be based on a specific finding that the individual lacks the
capacity to make decisions by him or herself with regard to that specific
activity. The court's decision must clearly determine the acts
that the person concerned can carry out alone and those for which
she or he needs assistance. Full deprivation of legal capacity must
only be used as a last resort, when no other alternative exists. The
judge should always choose the option which, in accordance with the
principles of autonomy and proportionality, best accommodates the
needs of the person concerned. Decisions on legal capacity should
be subject to automatic review by the competent judicial authority
at regular intervals set out by law.
47. The criteria set forth in principle 16 (1) for compulsory institutionalization
should be reviewed. The serious likelihood of immediate or imminent
harm to him or herself may not represent a sufficient reason to justify
a measure that infringes dramatically on the enjoyment of several
human rights, including the right to liberty and security of person
and the right to freedom of movement. The consistency of the second
criterion, which refers to the person's state of health, with
existing human rights standards, should also be analysed. In accordance
with the principle of the least restrictive alternative, the decision
on involuntary admission should at the very least provide evidence
on (a) the risk of serious deterioration in the person's health
conditions and (b) the lack of other viable alternatives, such as
community-based rehabilitation. The decision on psychiatric commitment
should always be subject to judicial review and reconsidered periodically.
48. Abuses and violation of human rights standards are allegedly common
practice in many psychiatric institutions all over the world. Detailed
monitoring on the actual implementation of the rights of persons with
mental disabilities would be needed to assess respect for such norms
in practice. Existing human rights treaty bodies should encourage
Governments to provide information on measures adopted in this regard
in their periodic report.
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� United Nations,
Department of Economic and Social
Division for Social Policy and


text:
What some people don't get about SAHM
I've never gotten any mean comments about sahm in real life, but people make comments like "I wish I could just play with my kids all day!" Or "it must be great spending so much time with your kid!" The thing I think they don't understand is that I don't actually get to play with him that much. To be clear, I'm speaking as the mother of a child under school age. it would probably be different if he was in school.
Ds is with me most of the time. I haven't been able to find any playgroups or anything, and the neighbor kids are all older, so I'm his only playmate when dh is at work. I do everything I can for him, but there are many days he just doesn't want me. He sees me all the time and I'm boring to him. He fights me on nearly everything, and there are a lot of days lately where he just screams at me no matter what I try. He's not like that with dh unless he's super tired or sick. I'll probably get a ton of shit for this post. Bash if you must. I just miss having a good time with my kid. It's probably just part of his toddler phase, but it's really wearing on me.
Quoting ttriddick: Aw. Been there before. And it does suck. Hang in there! Being a mom is hard work, working outside of the home or not. I've never quite understood what the pissing match between wahm, sahm, and wohm was all about lol
Quoting myempyreofdirt: I don't want anyone to think I'm saying working moms have it easier. I've never been one so I don't know. I'm sure the problems I have are just replaced with different ones though. Everything has ups and downs.
Quoting ttriddick: Aw. Been there before. And it does suck. Hang in there! Being a mom is hard work, working outside of the home or not. I've never quite understood what the pissing match between wahm, sahm, and wohm was all about lol
Doing the same things and seeing only me everyday, all day must be boring to him also lol.
I will admit that I HATED being a sahm when the kids were little. Now that they're in school, it's much better. I started school when they were 2 and 4 mostly so I would have something to do. It was online the first two years then I graduated from my local university in May. It seriously helped my sanity. I didn't live close to any family or friends and dh worked out of town all the time. So it was just me and them, all day, all night, all the time. I wouldn't want to go back to it for nothing.
You're not alone. I've had days where my DS fights with me for most of the day when he's out for summer break, he's in elementary school, but has no problems at all with my DH. He's stubborn and willful but also generous, kind and thoughtful to others and I love him for all that although I feel like a failure seeing how he is with his dad. My DH says we're too much alike to get along for very long and I can see that.
My DD and I get along so well the vast majority of the time. Of course that might be for many reasons, she hasn't started school yet and hasn't been exposed to other kids (my DS changed when he started school, had some issues with a bully) or just because we're alike in many ways. I don't know. He used to be my little helper, now he wants to be with his dad all the time and only me when he's scared or hurt.
Anyway, sorry for my ramble. I understand where you're coming from. Staying home is not a cakewalk for us all. It's not all play and happy times. It's not watching tv and eating chocolates. We get the brunt of work and the brunt of their frustration as they are trying to learn how to be. It's hard. I think back to when I worked before they were born and how I thought the sun rose and set on my job and if I had a bad day it was the end of the world. If I'd known then what I know now, I would have breezed through those days. I was working at home the last few years and recently my department closed so I'm back to SAHM from WAHM. It's a transition all over again.
I was a SAHM when DD was younger. I also didn't know any other moms in the area. I found a mommy & me type pre-school that we attended together (DD was 2 at the time). It allowed her to socialize with other kids, and my with other adults. She continued with pre-school from then on. Just a few hours a week. It helped us both. Maybe worth looking into?

subset: commoncrawl


text:
by John Tedesco
A Section
All content (c) San Antonio Express-News
LLANO — More than a year after Laura Putnam drowned in the dark waters of Lake LBJ as a sleek speedboat sped away, the man accused of leaving her behind stood in court Friday, admitted his guilt and apologized to her family.
"Mr. and Mrs. Putnam … I want to give you my condolences," said a subdued Robert "Triple" Corrigan III, a 29-year-old real estate salesman who lives in San Antonio.
He professed sorrow for their loss and pain and said they were in his prayers.
Corrigan pleaded guilty to failure to stop and render aid and was given a six-month jail sentence, 10 years deferred adjudication and a $10,000 fine by District Judge Guilford Jones.
By rolling the dice and entering the plea before the judge, Corrigan dodged a jury trial or a plea bargain with Llano County District Attorney Sam Oatman, avenues that could have resulted in a prison sentence of up to 10 years.
Jones chastised Corrigan during the proceedings for the reckless act that claimed the life of Laura Putnam, a 23-year-old graduate of Texas Tech University.
The Putnams, when given a chance in court to address Corrigan, choked back tears.
They wondered why he stayed silent during the long months when no one claimed responsibility for the fatal May 26, 2003, boating wreck that killed their daughter and cast a pall over this sunny resort community.
It took nearly two weeks to find Laura Putnam's decomposed body, and longer to discover a damaged speedboat in the dock of beer magnates Berkley and Vincent Dawson, owners of the Budweiser distributorship in San Antonio.
Corrigan, the boyfriend of Berkley Dawson's daughter, admitted for the first time Friday that he had been driving the boat that slammed into Laura Putnam's watercraft and knocked her unconscious into the lake.
"She did not have to die that night," Betty Putnam told Corrigan. "We'll never know, because after she was struck by your boat, you ran.
"Damn you for that."
Corrigan pleaded guilty during what was supposed to be a routine court hearing. He was scheduled to stand trial Nov. 1.
"I'm going to throw the book at you, but I'm only going to throw part of it at you," Jones told Corrigan.
Saying he saw hope for Corrigan to lead a good life, the judge sentenced him to 180 days in jail and 10 years deferred adjudication, which is similar to probation. If Corrigan does not commit a crime during that period, a conviction will not appear on his criminal record.
Corrigan faced prison time of two to 10 years. But with deferred adjudication, the most time the judge could mete out was drastically reduced under state law to 180 days.
Jones also fined Corrigan $10,000, barred him from ever owning a boat and ordered him to remain in his home during the next three Memorial Day weekends "to think about the consequences of your totally selfish, irresponsible, amoral act."
The circumstances suggest Corrigan's lawyers felt they would have better luck with the judge than with a plea arrangement with District Attorney Oatman, or before a jury.
Oatman acknowledged the emotional pain suffered by the Putnams would have swayed a jury far more than a judge when it came to Corrigan's sentence. He said "we wanted more" than what the judge handed down Friday, but added that no firm plea offers had been on the table.
"If the family can live with it, I can live with it," Oatman said of the sentence.
In a separate civil lawsuit filed by the Putnams against Corrigan, the insurance company for Berkley Dawson has agreed to settle the case for $2.5 million, according to the Putnams' lawyer, Greg Marks.
The Putnams said they were unhappy with the amount of prison time Corrigan must serve, but they expressed relief that a dark chapter of their lives was over.
Betty Putnam, her husband, Judd, and son Phillip gave heart-wrenching speeches to Corrigan that made some courtroom observers cry.
"Quite simply, there's nothing I can say to you or your family to give you any idea what we're going through," Betty Putnam told Corrigan, who sat still as each family member spoke.
Two rows behind her son, Corrigan's mother sat unmoving but not unmoved. His father at times leaned forward, bowed his head and held his hands over a courtroom seat, as if he were praying at a church pew.
They listened as Betty Putnam told them how having a child changes you forever — and so does living with the pain of losing one.
"This heavy, pervading sadness will always be a big part of who I am," Putnam said.
What she and her family have left are small lockets they each wear around their necks with Laura Putnam's ashes.
"We all wear them," Betty Putnam said. "And we'll be buried with them."
jtedesco @ express-news.net


text:
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Hairspray Can't Stop The Beat In NYC, With Katie Holmes Surprise!
Hairspray Can't Stop The Beat In NYC, With Katie Holmes Surprise!
It was the LBD brigade at last night's NYC premiere of Hairspray. Michelle once again looked absolutely phenomenal. What is it about her -- lucky lucky eternally 25! It's always a treat to see the stars of the film, but Holy Katie Holmes! Yowza! She surprised the crowd just by showing up, but seeing her in that skin tight little number is what is more shocking for me. I do love seeing her with little Suri all the time, but youthful happy Katie is awesome to see, too. All the other ladies -- Amanda, Nikki, Queen -- looked outstanding as well, especially little Brittany Snow who looks a whole lot better than last week's too yellow number. ICYMI, let Buzz's interview with Nikki Blonsky get you excited to see the movie this weekend!
To see A TON more pictures of the event including John Waters himself, Christopher Walken (finally), Edie Falco, Paula Abdul, Nathan Lane, Rachel Dratch, Lisa Rinna, Clive Davis and lots lots more just
Images include Amanda Bynes, Brittany Snow, Jerry Stiller, John Travolta, James Marsden, John Waters, Katie Holmes, Kelly Preston, Lance Bass, Christopher Walken, Paula Abdul, Liza Minnelli, Michelle Pfeiffer, Nikki Blonsky, Queen Latifah, Edie Falco, Zac Efron, Bernadette Peters, Nathan Lane, Rachel Dratch, Lisa Rinna, Clive Davis


text:
what should i do?Visitor's Question from a 21-30 year old Male
there is a girl in my class and i like her. she had a breakup a few months back and she is not willing to get into any relationship now. i want to tell her that i love her but i m afraid coz if i'll tell her about my feelings then she might start maintaing distance with me.
dont know what to do. but i want to tell her that she is important.
please help
RomanceClass.com Advice
Be a close friend to her and be there for her whenever she needs help.
She will come to have positive feelings for you. Then when you tell her that you are "developing feelings" for her she will understand.
This may take several months.
Good luck! George
-- from George
One of Your Friendly Advisors at RomanceClass.com
|Follow @RomanceClass
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2003 X-Yachts X-562
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Created for those who appreciate performance quality, style and comfort.
Hull Material:
Engine/Fuel Type:
Created for those who appreciate performance, quality, style and comfort. The X-562 will combine the need for luxury in a yacht of exceptional sailing performance. To develop such a yacht, that would satisfy our highest standards, has taken a team of skilled, dedicated and experienced designers and engineers many hours, working in an ideal environment - the design office is just a few short steps from the development and production shed. More than 80 new moulds have been developed for this boat, which is offered in a choice of 4 different interior layouts.
Additional Specs, Equipment and Information:
Designer: Niels Jeppesen
Keel: Other
Hull Shape: Monohull
LOA: 56 ft 5 in
Beam: 15 ft 9 in
LWL: 48 ft 6 in
Length of Deck: 55 ft 7 in
Dry Weight: 41887 lbs
Engine Options
Engine Option 1: 1x 100 HP
Additional Description
X-Yachts' vision when creating the X-562 was of a truly luxurious yacht with a rich yet contemporary interior. The use of numerous moulds in the production process has allowed the interior designers of the X-562 to achieve this and much more. The interior of the X-562 is built by traditional woodworking craftsmen using the most up to date production facilities and techniques. CAD/CAM cutting machines aid prefabricate all flat bulkheads and panels, and sophisticated timber lamination moulds allow for the complex curves and detailed joinery which go to create the luxurious and elegant interior. The nerve centre of the yacht, the navigation station is to starboard, and is immaculately laid out. Ample space is provided for installation of additional electronics. DC and AC distribution panels are by Mastervolt (Holland).
The saloon table is surrounded by a large 'L' shaped sofa outboard, and 3 removable chairs midships. These can be fixed in position hand picked veneers he teak veneer used for the bulkheads and locker doors is of the very highest grade, and has been hand picked and colour / grain matched for each individual yacht. The contoured companionway steps are laminated, and have been left unvarnished to enhance the natural non-slip qualities of the teak. The companionway steps hinge from the top, and are supported by 2 strong gas struts, allowing easy access to the engine room. The Yanmar 100 HP Main engine delivers ample power, quietly and smoothly. Great attention has been paid to the sound insulation, drive train and engine mountings to ensure smooth running. A dedicated 'room' aft of the main engine has been provided for the generator, and also space is provided for additional pumps and machinery such as an air-conditioner or watermaker. In the saloon, the two arm chairs to port are carefully designed for maximum comfort. Between these chairs is a cabinet for a 'hidden; television which mounts on an electrically raised / lowered platform.
Privacy in Luxury
The bathrooms as well as the galley counter tops are made from moulded »High Tech Granite«, used in this application for the first time. This offers an easy to clean, highly durable and temperature resistant surface in a colour of the owner's choice. The owner's stateroom is furnished with a king sized berth, ventilated hanging lockers, vanity and en suite head / shower. The symmetrical aft cabins each have large double berths, with the option of mounting hinged pipecots at the freeboard. Each has an en suite head and shower, all finished with the same »High Tech Granite« counter tops and integrated sink units.
Niels Jeppesen about the X-562
"When we founded X-Yachts back in 1979 the main keys were to build fast yachts that were simple, and were for relatively limited budgets. When we decided to develop the 56 ft. X-562 we chose from the outset to make a yacht where the demand for high quality came before anything else. We felt strongly that X-562 owners should be very proud of their yachts, and so would become enthusiastic ambassadors for X-Yachts. How does she perform under sail and under engine - just as she should do, just as we expected. Just ask any owner of a model from the X-Yacht's »Performance Cruising Range«. The X-562 does contain all the experience gained from the last 20 years, plus some great innovations that mark her as a unique yacht for the new millennium."
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A Grantham woman has been rewarded for her valuable voluntary work in the community.
Janet Cox, of Manners Street, a former South Kesteven District Council Scheme manager, won a High Sheriff Award. She was presented with an engraved lapel pin and a certificate by the High Sheriff of Lincolnshire, Toby Dennis.
A spokesman said Janet has always been on hand to help elderly residents whenever they needed support, whether during working hours or in her own time and, having retired in 2004, Janet continues to devote herself to the community, organising social events and fundraising tirelessly.
All the award winners attended a reception held in their honour at the Judges' Lodgings in Lincoln's Castle Square. Coun Ray Wootten, chairman of Lincolnshire County Council and a Grantham district councillor, said: "I am very pleased that Janet's contribution to the voluntary sector has been recognised at these prestigious awards."


text:
Video-lecture with most views in law of evidence
Evidence Class-School of Law-Prof Tom Lyon-Video Lecture
Professor Tom Lyon presents a lecture to the Evidence Class of Department of Law, University of South California.
Federal Rules of Evidence-Judge James H. Hancock-Video Lecture Part 1
Video orientation series for district judges in the Federal Court USA. Presented by Judge James H. Hancock.


text:
Love this family so much!! I photographed sweet Lola her first year & now I get to photograph Baby Stella for her's. LOVE my Watch Me Grow families. I appreciate u guys so much ♥♥ Going to start with some maternity images, then Stella's newborn session.
Had the pleasure of photographing these beautiful parents to be!! We had our session just in time because Baby Braylen was born very soon after :-)
Take a peak!!
Braylen ♥♥♥
Super excited about adding these beautiful mama gowns & gorgeous headpieces to my collection. If you're looking for a more intimate maternity session these are perfect!
Thank you to Heather for modeling for me. She looks beautiful!!


text:
Ric Ocasek Hand Signed Autographed Electric Guitar The Cars Ga Gv 852252
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This is for one Ric Ocasek autographed Guitar
Global Authentics - the company who provides the authenticity of this item. Most items will come with a matching hologram sticker and Certificate. Some items may only come with a hologram attached. Please see


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Our volume UPS discounts are passed-on directly to you for the lowest possible shipping rates.
Honeywell thermostat is used to control the ambient air temperature or floor temperature in hydronic heating application.It communicates with and draws power from the AQ2000 series boiler and zoning controller to provide zoning control.Features • 2-wire power stealing network communicating thermostat. • Liquid Crystal Display. • Outdoor temperature display. • Floor temperature sensing and limit. • Selectable temporary and permanent backlight. Product Specifications Description The AQ1000TN2 thermostat is used to control the ambient air temperature or floor temperature in hydronic heating application. It communicates with and draws power from the AQ2000 series boiler and zoning controller to provide zoning control. Application Hydronic Zoning Heat Thermostat Type 2-wire Communicating Thermostat Type of Control Provided: Proportional Integral (PI) Network Zoning Yes Network Bus Low voltage, Class II, 2-wire polarity-insensitive, digital communicating link to other Control or Zoning modules. Zones Single or Multi-zone Power Method Power Stealing (from boiler and/or zoning controller) User Interface (Programming) LCD Display User Interface (System Configuration) DIP Switches LCD Icons Displayed (Mode): Heat On, Freeze Protection, Comfort/Unoccupied, Keypad Lock, Set point. Color Premium White Mounting Vertical Temperature Control Mode Selections "A" for Ambient Air, "F" for Floor, "AF" for Ambient & Floor. Temperatures Displayed: Indoor, Set Point, Outdoor Setting Temperature Range (F): 40 F to 100 F Setting Temperature Range (C): 5 C to 38 C Floor Temperature Limit Range (AF Model) (F): 40 F to 100 F Floor Temperature Limit Range (AF Model) (C): 5 C to 38 C Differential Temperature (F): +/- 1.0 degree F Differential Temperature (C): +/- 0.5 degree C Ambient Temperature Range (F): 32 F to 158 F Ambient Temperature Range (C): 0 C to 70 C Outdoor Temperature Display Range (F): -58 F to 149 F Outdoor Temperature Display Range (C): -50C to 65 C Temperature Display Interval (F): +/- 1.0 F Temperature Display Interval (C): +/- 0.5 C Storage Temperature Range (F): -20 F to 130 F Storage Temperature Range (C): -30 C to 55 C Operating Humidity Range (% RH) 5 to 90% RH, non-condensing Sensor Element Thermistor Sensors (Floor) Used 10 kilohm NTC thermistor at 25 C (77 F) +/- 0.5F (+/-0.3C) up to 500 ft (150 M) using 18 AWG or larger wire, beta=3892. Lead Length: 10 ft. (3050 mm). Floor Sensor Temperature Rating (F) -58F to 230F Floor Sensor Temperature Rating (C) -50C to 110C Electrical Connections Wire-clamp screw terminals Terminal Designations TH, TH, Sensor, Sensor Dimensions (in.) 2.8 in wide x 4.6 in high x 1.0 in deep Dimensions (mm) 7 cm wide x 12 cm in high x 2.5 cm deep Device Weight (lbs) 0.2 lb. Device Weight (kg) 0.1 kg. Replaces Thermostat Part Numbers:AQ1000TN2CARAQ1000TN2


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BUDGIES by Cindy McQueary
Many people own parakeets, or "budgies", as they are one of the most popular
pet birds. The name parakeet is an American term and is used to distinguish the smaller
pet version from the larger Exhibition or English Budgie that is shown in many bird shows.
Young budgies are also called "Shell" parakeets because of their markings on
their faces.
The word "budgie" is short for budgerigar which is a native green and yellow
bird in Australia. It is thought to have been brought to Europe in 1870 by John Gould
where its popularity has grown. Two hundred years ago Australian aborigines stole the
nestlings from the nest and then fried them over open fires calling them
"Bedgerigah". Possibly this is where the name that we use today, Budgerigar,
comes from . English or Exhibition Budgies were developed in England as early as the 1870s
and the Budgerigar Cub was formed in 1925. The name of the club was changed to the
Budgerigar Society in 1930 at the request of King George V when he agreed to become a
patron. There is a distinct difference in what we call a parakeet and an English Budgie
for show. English Budgies are much larger, especially in the head area. There are show
standards that apply to both. There should be three distinct patches on each side of the
mask with the upper patch being partially covered by the cheek patch of color. The mask is
the budgie's facial area. There are a few exceptions to this rule as in the recessive
pieds and dark-eyed varieties. Budgies can even have different eye colors ranging from
black to plum to red.
Budgies are hookbills and crack open their seed to eat so they do NOT need grit as many
of the older bird books write. Grit is needed only by softbills such as canaries and
finches. A cuttlebone or mineral block should always be available though to maintain their
calcium level, especially while breeding. Budgies can eat almost anything you can eat and
they prefer it raw. NEVER give them chocolate, avocado, alcohol, or caffeine. Eggplant and
zucchini are also being researched. There is nothing wrong with having a budgie share
dinner with you in the evenings too with his own plate. But be forewarned that your plate
will always look more appealing than his! A budgie's main diet should consist of fresh
fruits, vegetables and greens. A little egg food every now and then won't hurt either,
especially when chicks are being fed. A daily supplement of Abba Green mixed with
"mash" along with Prime vitamin is also a good idea. When feeding greens, it is
safer to buy them at your local market than to pick them s they may have been exposed to
car pollutants and/or pesticides. Just wash the greens thoroughly and put them in the cage
wet. Your budgie will roll in them to bathe and also eat them.
There are many horror stories of budgie escapes and even worse deaths caused by birds
being kept with unclipped wings. There is no way a budgie can survive a New England winter
or know that your patio door is not an opening. Remember these birds are from Australia
where they fly many miles every day to feed and they are acrobatic in the air. It will
also be much easier to tame and control your bird's activities with his wings and nails
clipped. Either have a professional show you how to do it yourself or have it done for
your bird. Some businesses will even come to your home to do the wing and nail trims for
you. "Polly perches" are a good idea also as they will help keep your birds
nails at the proper length. Don't confuse these with comfort perches that are made to keep
your birds feet from getting sores or from getting tired. Do NOT use sandpaper
perches either despite what is written in old books. They will only irritate the bird's
feet further.
Budgies need attention like we do. Since most of us work, give your budgies plenty of
toys, but nothing with shiny surfaces as it will see another budgie and want to play with
it instead of you! Good toys are Olympic rings, ladders, bells, etc. Your local store
should be able to help you.
Your budgie's cage is its home so make sure to provide plenty of room. And it should be
all set up before your bird even comes home. Have a budgie cage that is rectangular,
longer than it is wide or high, not round and not small. Think about how many hours your
budgie will spend in that cage. Consider making or buying a play gym for your budgie.
It is most important if you let your budgie out of its cage that you NEVER let it out
of your sight! Accidents can happen. You will have to bird proof your home or at least the
budgies immediate area. Remove poisonous plants, electrical wiring or strings.
Budgies are excellent chewers and climbers. You will also need what is known as a Vitalite
near your budgie for his health. That vitalite is like sunshine for him and without it he
will be lacking Vitamin D which he needs the sun to process.
Well that's it for this Budgie article. Feel free to ask any questions!! We can make another article out of the Q
Alderton, David: Birdkeeper's guide to Budgies 1988 Tetrapress
Radtke, George: Encyclopedia Of Budgerigars 1979 TFH
Copyright: Birds of A Feather Avicultural Society February 1998


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Ducks 4, Blackhawks 1by Staff Writer / Anaheim Ducks
ANAHEIM, Calif. - Joffrey Lupul tallied twice, including an empty-netter, and rookies Dustin Penner and Corey Perry each scored to lead the Ducks over the Chicago Blackhawks 4-1 on Sunday at the Arrowhead Pond of Anaheim.
The Ducks are now off for 16 days during the Olympic break and return to the Arrowhead Pond on March 1st to face the Detroit Red Wings.
"It's big to win the last two games and especially the last one before we go to the Olympic break," said Ducks goaltender JS Giguere. "Everybody's in a good mood and we can enjoy our break even more, then come back and be refreshed."
Giguere made 23 stops for his 16th victory of the season.
After a pre-game ceremony honoring Ducks right wing Teemu Selanne for becoming the 70th member of the NHL's 1000 point club, it was the Ducks kids who went to work on offense. Several early scoring chances in the first period by rookie Ryan Getzlaf were thwarted by Chicago netminder Adam Munro.
"We've been asking a lot of our rookies and I think they're getting better every day," said Giguere. It's good to see that and it's fun to be a part of young guys playing like that. We'll need that even more as we go. Every game is so important and it's great experience for them."
It was Lupul (20, McDonald, Selanne), a rookie in the 2003-2004 season, who started the scoring with a power play goal at 6:55 of the first period to get the Ducks on the board first. Andy McDonald made a quick move at the side of the goal and slid a pass to Lupul who scored into the open net. The assist extended McDonald's point streak to 11 games (5-13=18) - the NHL's longest active point streak.
Munro stayed solid throughout the first period stopping 11 Ducks shots.
Patrick Sharp (Holmqvist, Lapointe) scored his sixth goal of the season for Chicago at 3:51 of the second period to tie the contest 1-1.
After a lackluster second period, the Ducks came out strong in the third as Penner (Marchant) scored his fourth goal of the season just 17 seconds into the stanza. Penner showed strong work behind the net, fighting off a Blackhawk defender and ripping a shot from the side of the net off Munro and in for his fourth of the season and the would-be game winner.
Perry (Getzlaf, Fedoruk) got his fifth of the season at 3:20 of the third to give Anaheim the two-goal cushion. The rookie from Peterborough, Ontario tipped a pass from Getzlaf as he drove to the front of the net over Munro's shoulder to give the Ducks the 3-1 lead.
Lupul added an empty-net goal (21, Marchant, Beauchemin) at 18:24 of the third to seal the 4-1 Ducks victory.


text: There is a white elephant in the room that no one seems to be talking about. The push for short sales on the part of the lender and in some cases the government is at epic proportions. I agree that in some cases short sale may be the only option, but in most cases, it is not the only option. How on earth will our values stablize any time soon in this environment of a massive short sale campaign and foreclosures that should not happen. Doesn't anybody see that if these continue, our property values will continue to erode, and more foreclosures will ultimately follow, but if more modifications take place our values can begin to stabilize.From my experience talking to thousands of homeowners there are huge mistakes being made in the processing of their HAMP loan modification or in house loan modification applications. The second that the loan modification is denied, even it was done in error, which most of them are, a letter is sent to the homeowner telling them that a short sale is now one of their only options, other than the foreclosure that is now imminent or a deed in lieu, all options leave them without a home.The banks are now resorting to offering homeowners money to short sell their home, that is of course if they get the bank's approved price, or better yet if they ever get through the short sale process nightmare. I guess it would be a happy time if people did not care about staying in their homes. Newsflash, it is not a happy time, people do want to stay in their homes. Most can make a reasonable payment with modified terms. People are going through tough times, small businesses are, large corporations are, and even banks are as we have seen the biggest amount bank failures in history.A question that most homeowners have is why the lender prefers to take a short sale vs helping the homeowner remain in the home, and the answer is obviously about money. Chase and Wells Fargo are even giving away free houses to non-profits, well how nice of them! What about the ghost of the family that lost their home, the ones that were trying for months to get help, why couldn't they help keep them in their homes instead of giving it away for free or at huge discounts to non-profits, the answer again is about money. It always is. Have our values and integrity gone so far down in this country that this all seems acceptable?What a great PR campaign the big banks have showing that they are providing revitalization to the community by giving away free houses, is this for real? Does anyone see through this? How does this make absolutely any sense that they give houses away and sell them at bargain prices but refuse to work to help homeowners? When you have seen the countless errors that I have seen in a sampling of loan modification processing stories, you would very well see that this is not a happy story, it is an injustice and it is without logic. With out real controls put in place to monitor and audit the constant inaccuracies that happen on a daily basis to thousands of homeowners, these mistakes will continue to be made and homeowners that could have stayed in their homes will think that short sale was the only option.People trust their bank is giving them the right answers. Homeowners believe that their lenders have their best interest at heart. I have to think that bank's executive levels are clearly not getting this information, otherwise, I too would have no choice but to strongly believe that they don't have the homeowner's best interest in mind. The lenders do and will continue to make mistakes, big, life changing, costly mistakes for the American homeowners that are losing their homes, some even on Christmas Eve. For most homeowners that venture into fighting back, it can sometimes take a year or more to get a reasonable person to listen and understand the mistakes, and to get them to finally correct them, however, that is if the homeowner ever reaches that person, and many homeowners do give up long before that happens. The sad reality is that most homeowners never reach that reasonable person that can fix the mistakes, and they are told, "sorry you are denied, your only option is to short sale your house". The American dream that our forefathers set up for this country is vaporizing right before our very eyes. This epidemic has a domino effect that is very detrimental to the American dream of homeownership. There are solutions, if someone will listen. Just like hillsides collapse in a mudslide from continuous erosion to the soil as heavy rains undermine the integrity of the hillside, short sales and foreclosures continue to erode the property values of our neighborhoods, and the lack of proper assistance to the backbone of our country, the American homeowners, undermines the integrity of our economy and the collapses will continue.Until then, to think for yourself you MUST question authority. Fight for your dreams by being your own best advocate. Get empowered with the right information. Be more knowledgeable then them. When you know your numbers the way the bank sees them, then you can be confident about your loan modification application, and you can fight with determination and resolve to Save Your Home! Anna Cuevas, HUFFINGTON POST


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Kinetic lyrics— 8 lyrics total Lyrics → Artists: K → Kinetic lyrics
About KineticKinetic is a death/thrash metal band that started in 2002 in Greece. Its members coming from other bands from the Greek Underground Scene such as Acid Death, Wisdom and Brain Fade. Read more...
Kinetic lyrics
|Free And Pure lyrics
|Heed These Words lyrics
|Last Call To Reaction lyrics
|Message From Beyond lyrics
|Realms Of Nightmare lyrics
|The NeverEnding Winter lyrics


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I want to start at the end actually. RIGHT at the end, after the last words about Silas and Dylan are finished we get to the Author's Note. I don't always read those, depending on my mood. So I'm really happy I took the time and read it. It was heart touching and beautiful and made me consider not only what I just finished reading but about how I want to be / act and the things I shouldn't ignore. I'm not activist but I'm very passionate about justice, people say it's because I'm a Libra. Yep, makes sense ;) But lets be serious for a moment here, I truly think we SHOULDN'T ignore injustice. NEVER-EVER. We should do what we can, show our support, even if all we personally have to offer is a hug and our compassion.
Heavy.. yeah, I know.. sorry about that.. Let's get back to the story shall we?
This story is told from both Silas and Dylan's POV giving us two people who couldn't be more different yet have so much in common. Dylan is rich, yeah, but she haven't always been, which is part of why she is an activist, to any cause needed to be defended. Everything needing to be fixed is Dylan's turf. Silas life story is short and sad - a mom who bailed when he was young and Football saving his ass and bringing him an honest opportunity to leave the life he knew behind. Only after what happened to his best friend Levi (Dallas' Ex from the previous installment) he is starting to re-think his ability to NOT screw things up. He and Dylan meet in the last place he OR she should be - jail - somehow allowing them to talk and even though tries his best to win her over what he ends up doing against (?) his better judgment is agreeing on her "fixing" him so he can do the thing he does best - Football - and not crawl back to where he came from.
It's a strange and awakening sort of relationship for both of them. Similar to the previous installment, Silas and Dylan start off as being friends (yet not as chaste as Dallas and Carson were ;) it IS Silas we're talking about here..). I'm trying to think what Dylan actually DID for Silas, and I guess she mostly stuck by him and believed in him, gave him the advice he would have given himself maybe if he was thinking clearly. Yet she had a HUGE impact on him and so it doesn't come as a surprise when he falls for her.
Dylan on the other hand has her own issues. After her break up from her boyfriend she realized she needed to evaluate things in her life, in a way that's how she ended up in jail.. Something in her perfect demeanor is cracked. She can't keep on playing this game, being the perfect girl. Silas is the right guy to loosen her up. So in a way it's not just HER fixing HIM, it's her allowing herself to enjoy the simple things in life, while helping someone who very quickly becomes close to her. She sees in Silas things he never saw in himself and since no one got that close - it's not something people around him notice but these are exactly the things that make her fall for him.
I really enjoyed their relationship buildup. It had it's fun moments, Silas being his silly selfl.. it had a bit of angst especially with how defensive and offensive Silas can be, and yet it was also sweet and gentle, more from Dylan's side at the beginning and later on more and more from Silas'. Yeah he was a jerk in the first installment but I think I can forgive him with how he got carried away with Levi, he truly showed his worth in this one, especially near the end in a scene that was heart breaking.. I guess we'll get more about that in the next books in the series (naturally not writing what I'm talking about not to spoiler..).
It was fun getting more of the other guys in the team. I really can't wait to get Torres and Nell's story (Nell being Dylan's roommate, we got very little of her though..) not to mention the other two that aren't even out yet of Stella and Ryan and whomever Brookes ends up with.
I'm LOVING this series!
Additional Details: Kindle Ebook, 371 pages, 7-8 April 2016 / On GoodReads


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Spring is shaping up as a season of car shows, with two upcoming events at Evans Towne Center Park.
The Evans Lions Club will hold its sixth annual Jim Metts Memorial Car Show from 10 a.m. to 3 p.m. Saturday, April 20.
Admission to the event is free, with a $25 registration fee for show entries.
This will be the show's first year at the Evans park, said Cathy Rhodes, a Lions Club member and co-chairwoman of the event with her husband, Mike.
"The venue was so wonderful," she said. "(The club members) wanted to try it there because it's a bigger area, plus they have the stage and we've got a live band.
'They wanted to try the venue there because several other car shows have been held there."
About 100 vehicles were in the show last year, Rhodes said, with more participation expected this year.
The show is characterized by its variety, Rhodes said, with motorcycles, restored classic cars, muscle cars and exotic cars on display.
"It'll just be a mixture of everything," she said.
Vendors will be selling food and other goods, and there will be activities for children.
For more information, call Rhodes at (706) 294-2135.
On May 4, the CSRA Mustang Club's Fourth Annual "Ponies in the Park" Mustang and Ford Show will be held from 9 a.m. to 4 p.m. at the park. Admission is free.
Registration for show entries costs $20 until April 27, then $25 until the day of the show.
The event is the only area car show focusing on Ford vehicles, with an emphasis on Mustangs, said Club President Don Blackstock. This will be the second year the club has held the show at the Evans park.
"Word got out about how nice of a venue it was and it has been getting crazy on us," he said.
Last year, 115 cars entered in the show, Blackstock said. This year 130-150 cars are expected to register.
Proceeds raised from car registration, T-shirt and food sales at the show will benefit the American Cancer Society Relay for Life and the Rebecca Erryn Moon Foundation, a local nonprofit organization dedicated to helping families who have children diagnosed with cancer.
"We just decided to split the money evenly between the two causes because we just felt so good about both of them," Blackstock said. "We felt like we just had to help both."
For more information, call Blackstock at (706) 825-1674.


text: Date: Fri, 12 Sep 2003 05:08:25 +0900 (JST) From: firstname.lastname@example.com (Jun-ichiro itojun Hagino) Message-ID: <firstname.lastname@example.com> | in bind-9.3.0s20021217, lib/dns/dispatch.c:dns_randomid(). That looks to me to be a part of the nameserver (which in BIND is also the DNS cache server). If this gets generated into a stub resolver anywhere for inclusion into libc, I couldn't work out how. What's more, all that code in dispatch.c doesn't really look as if it would be appropriate for libc. So, does bind9 really have a stub resolver which is producing good random numbers for the dns query ID, or was that just imagined? What the cache does is completely irrelevant to this. kre


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WARREN, Ohio (WKBN) — An apartment fire in Warren sent seven people to the hospital Tuesday night and two of them are at the Akron Burn Unit.
Firefighters were called to the six-unit apartment complex at 1500 Stewart Circle N.W. just after 7 p.m. When they arrived, heavy smoke was pouring out of the complex's front door.
Two of the victims, Nancy Whitlow, 63, and her son, Brian Whitlow, 44, are residents of the first-floor apartment where the fire started and suffered severe burns. The others suffered mostly smoke inhalation, according to firefighters.
One of them, Ashley Johnson, 27, jumped from a second-floor window.
Tenant Sheila Carr and her 17-year-old daughter, who is six months pregnant, were asleep when the fire broke out. Their apartment is on the third floor, so their smoke detector was one of the last to go off.
A friend staying there yelled at them to wake up, which Carr said probably saved their life.
She said she got a bad feeling in her stomach when she heard the building was on fire.
"It was just a horrifying experience. There was just this thick cloud of black smoke that was just choking me. I couldn't breathe. I couldn't see in front of me and I could tell I was getting closer to the fire. And part of me almost panicked and thought about running back upstairs and trying to jump out the window until I heard a neighbor yell 'come on!'," Carr said.
The friend that alerted them to the fire jumped from a window and landed on top of a carport. He hurt his hip.
Carr was able to escape and make it out with just a sore throat from the smoke. She is staying with family and friends for now.
She said things happened so quickly, there wasn't time to grab anything, including the family's cats. The cats did survive.
"You're just so grateful to escape a scenario like that, you don't think about your material things being damaged. And even though our actual unit itself was smoke damage, I don't know how we're ever going to get that smell out. It's just so acrid and burnt and a constant reminder of what had happened," Carr said.
She also didn't have socks, shoes or clothes, and only had a blanket to keep warm.
"I always thought that if there's a fire, I'll have time to grab this and that, but when it comes right down to it, and you realize those flames are going to get you if you don't go out that door now, you're not going to have time. But the batteries in the fire alarm are a definite must-have," Carr said.
She said she does not have renter's insurance.
Warren Fire Chief Ken Nussle said there was speculation that the fire was caused by cooking, but the cause still is under investigation.
The tenants were not able to return as of Wednesday evening and the Red Cross was called to assist them.