Conceptualising the sexually explicit as free expression: The distinct legal and political challenges presented to a liberal feminist critique in a South African constitutional context

This article explores critically whether the liberal feminist understanding of women’s situation under conditions of patriarchy (in its critique of liberal philosophy) has the potential to uncover the complex nature of the (legal) harm inherent to gender-specific sexually explicit material. By virtue of the fact that liberal feminism has emerged from classical liberal theory, this school of feminism appears to struggle in balancing the interests of a free, equal and democratic society with the pressing interests of women to live in a society which is free from both direct and indirect gender-specific violence. Liberal feminism’s often uncritical acceptance of classical liberal principles would appear to render it virtually incapable of appreciating (female) sexuality as a social construct. And as a consequence, sexually explicit speech is not per se deemed sexist or harmful to women, because mere images are not understood to have the capacity to cause harm. Accordingly, to justify legal intervention, harm must either be imminent and directed against women specifically, or must constitute the advocacy of hatred that constitutes incitement to cause harm. Seen in this context, this article seeks to determine whether liberal feminism could conceptualise sexually explicit material as a violent mode of expression within a South African constitutional context

Tissue factor as an initiator of coagulation and inflammation in the lung

Patients with severe infections almost invariably exhibit evidence of activation of the coagulation system. The lungs are amongst the most frequently affected organs during severe infection and sepsis. The abundant presence of intravascular and extravascular fibrin appears to be a specific hallmark of acute lung injury after sepsis. Tissue factor (TF) is regarded to be the primary initiator of coagulation in severe infection. Effective blockade of the TF pathway, either by recombinant TF pathway inhibitor or by anti-TF antibodies in experimental sepsis, attenuates lung injury and partially prevents pulmonary dysfunction. In addition, inhibition of the activity of TF prevents local activation of coagulation in models of pneumonia. The TF pathway can influence inflammatory signaling by activation of protease activated receptor-1 and -2. This review presents the most recent data on the crosstalk between TF-mediated coagulation and inflammation, with a specific emphasis on these processes in the lung

The impact of traditional sex practices on the construction of female sexuality: an African human rights perspective

‘The time has come to recognize that denials of individuals’ rights on the ground only that they are women are human rights violations, and to require state practices that expose women to degradation, indignity, and oppression on account of their sex to be independently defined, condemned, compensated, and, preferably, prevented. The purpose of changing ubiquitous state practice may appear ambitious, but it is not too ambitious for the needs of our time.’1 ‘[This Protocol] reaffirms the principle of promoting gender equality as enshrined in the Constitutive Act of the African Union as well as the New Partnership for Africa’s Development, relevant Declarations, Resolutions and Decisions, which underline the commitment of the African States to ensure the full participation of African women as equal partners in Africa’s development.’2 ‘The substantive realisation of equality is a precondition for transformative change in South Africa. Yet, inequality is still the biggest challenge facing development and transformation in post-apartheid South Africa.’

In our common interest: Liability and redress for damage caused to the natural environment during armed conflict

Although not generally accorded primary consideration during armed conflict, a vast number of provisions aimed at protecting the natural environment in times of war exist under international law. This article critically and comprehensively examines the challenges presented in terms of liability and redress for damage caused to the natural environment during armed conflict. In particular, the effectiveness of the various principles and rules that grant general, specific and indirect protection to the natural environment during warfare, coupled with the liability regimes established under the applicable international instruments, are scrutinised critically. The article argues that most international instruments dealing specifically with the means and methods of warfare, reveal serious inadequacies, and that some establish no liability regime whatsoever. Those instruments that do, however, contain a liability regime, reveal serious flaws to the degree that not all categories of armed conflict are attended to and only criminal sanctions (with no civil liability) are envisaged, coupled with the significant failure to extend liability to States Parties. Some international instruments fail to provide adequate mechanisms for legal redress or in instances where redress is provided, the mechanisms are flawed. The problem is exacerbated by the fact that customary international law has not yet developed to the degree that both adequate and comprehensive protection is available to protect the natural environment during armed conflict, irrespective of the nature of the conflict. This article therefore considers critically the adoption of an entirely new convention expressly intended to address all instances of environmental damage during (or as a consequence of) armed conflict, and concludes that such a step is preferred to the mere amendment of existing provisions or possibly even the drafting of yet another protocol to the four Geneva Conventions

Diabetes and sepsis outcomes – it is not all bad news

Patients with diabetes mellitus have an increased risk of developing infections and sepsis. In this issue of Critical Care Esper and colleagues report on a large survey, involving 12.5 million sepsis cases, that examined the impact of pre-existing diabetes on organ dysfunction during sepsis. Their main conclusion was that diabetes patients, relative to non-diabetics, were less likely to develop respiratory failure and more likely to develop renal failure during the course of sepsis