The cross-fertilization of jurisprudence and the principle of proportionality : process and result from a canadian perspective

Modern comparative constitutionalism traces back at least to the practice of some states in the post-World War II era of adopting democratic regimes as well as constitutionally entrenched bills of rights. It has since been fueled by the proliferation of international human rights instruments, which has increased with the end of the Cold War. Significant attention was first paid to comparative constitutional structure, but many states have now reached another stage. As notably witnessed by the works of the Council of Europe and especially those of the Venice Commission in the domain of constitutional justice, the question now is no longer about constitutionalism, including whether rights should be constitutionally protected, as much as it is about constitutional justice: how to effectively implement constitutions. Both on a regional and a global level, mutual inspiration is increasingly drawn from the case-law of peer Courts of other countries and even other continents, which gives rise to a cross-fertilisation phenomenon. One constitutional principle that emerges from, and which is still being forged by, such cross-fertilisation is the principle according to which the limitation of human rights and freedoms must be proportional to states’ objectives, that is, the principle of proportionality. More specifically, our topic is about both the historical process of jurisprudential cross-fertilisation and its functional result as far as the principle of proportionality is concerned. We speak from a Canadian perspective. The aim here is to be able to distinguish between what is common and what is distinctive about the Canadian approach

Emotional reaction to diagnosis of infertility in Kuwait and successful clients' perception of nurses' role during treatment

<p>Abstract</p> <p>Background</p> <p>The unfulfilled desire of millions of infertile couples worldwide to have their own biological children results in emotional distress. This study evaluated the emotional reactions of couples attending a combined infertility clinic in Kuwait and successful clients' perception of nurses.</p> <p>Methods</p> <p>Quantitative and qualitative methods were used. The first phase was by structured interview using two standardized psychological scales: the 25-item Hopkins Symptom Checklist and Modified Fertility Adjustment Scale. Data were collected from 268 couples attending the combined infertility clinic, between October 2002 and September 2007. The second phase was a semi-structured interview of 10 clients who got pregnant following treatment. The interview explored their feelings and perception of the nurses' role. Interviews were transcribed verbatim and analyzed.</p> <p>Results</p> <p>The average duration of infertility was 4 years; 65.7% of the women and 76.1% of men suffered from primary infertility. Emotional reactions experienced were: anxiety in women (12.7%) and men (6%), depression in women (5.2%) and men (14.9%) and reduced libido in women (6.7%) and men (29.9%). Also in men, 14.9% experienced premature ejaculation, 5.2% weak ejaculation and 7.9% had impotence although 4.9% were transient. In the semi-structured interviews, the emotions expressed were similar and in addition to anger, feelings of devastation, powerlessness, sense of failure and frustration. In the survey, 12.7% of the men were found to show more anxiety than women (6%). Although all the 10 women interviewed confirmed they were anxious; only 4 of their partners were reported to be sad or anxious. Successful clients' perception of nurses' roles included nurses carrying out basic nursing procedures, communicating, educating about investigative and treatment procedures, providing emotional support by listening, encouraging, reassuring and being empathetic.</p> <p>Conclusions</p> <p>This study illuminates the emotional reactions of infertile clients. Fertility nurses in Kuwait can provide emotional support through communication. The need for additional and continuous training for nurses employed in fertility settings in Kuwait is paramount.</p