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This chapter critically evaluates the use of the so-called ‘rough sex defence’ in Australian rape cases. We argue that the ‘rough sex defence’ in this context is an example of ‘implied consent’, specifically in that it relies on evidence that the defendant and victim-survivor had engaged in (or had even simply discussed) ‘rough’ sexual activity on a previous occasion(s). This narrative of implied consent to rough sex is used to establish either of two things. The first is that the victim-survivor actually did consent to ‘rough’ sexual activity on the occasion in question. The second is that the defendant mistakenly believed in consent, since roughness had been a feature of previous sexual discussions or activities. We argue that the use of the rough sex defence in rape trials is problematic for at least two reasons. First, the defence allows defendants to rely upon false and harmful ‘rape myths’ to avoid accountability for their actions. Second, a reliance on the rough sex defence also contradicts moves to adopt an affirmative consent standard as part of Australian rape law. We conclude by recommending reforms to the legal framework that would help reduce the reliance on the argument that a rape allegation can be explained away as ‘rough sex gone wrong’.

In this chapter I consider the need for consent in two cases of posthumous donation of parts of one’s body: organ donation and the donation of sperm to allow one’s partner to conceive a child after one’s death. What kind of consent is appropriate in these cases and why? In both cases, jurisdictions tend to prefer explicit consent, although many countries now adopt presumed consent (opt-out) in the case of organ donation, and there has been a recent plea for presumed consent in the case of sperm donation as well. In this chapter I first argue that arguments in favour of presumed consent are inadequate as they stand, and then describe another way of understanding opt-out schemes, one that focuses on different models of what is at stake and on the ethical requirements incurred on such models.

This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the related Equal Pay Act 1970) and racial discrimination under the Race Relations Act 1976. Discussion is confined to the right not to be discriminated against and covers the detailed provisions of these acts in this respect, judicial precedents and important cases heard not only in the British courts but in the European Court of Justice. The third section of the article is about discrimination in connection with trade union membership and activities governed by the Employment Protection (Consolidation) Act 1978.

The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation) Act 1978. Each of the Acts treats sex and race discrimination in a general and broad sense. Both make similar provisions in connection with various aspects of discrimination in employment. Since one act is inspired by the other, the judicial precedent in sex discrimination cases will normally be followed in racial discrimination cases and vice versa. Both Acts are outlined and the grounds that constitute discrimination discussed as well as permissible discrimination. Enforcement of the Acts and liability is detailed. Discrimination in connection with trade union membership and activities is also examined. The right not to have action short of dismissal taken against the employee and remedies for action short of dismissal are discussed.

It is unclear from Canadian case law what the appropriate legal standards of care and regulation should be in athlete injury cases. This chapter provides an overview of existing legal standards and explores the question of participant liability in sport, especially ice hockey. It reviews the applicability of tort law, including both intentional torts and unintentional torts, and considers the applicability and impact of the notion of ‘volenti non fit injuria’ (or voluntary assumption of risk).

The chapter is based on a review of Canadian case law.

Canadian courts have adopted varying standards whereby it is seemingly easier to prove negligence in certain provinces than others. We discuss the implications of these conflicting jurisdictional standards and the need for clearer and more consistent legal guidelines. Further, we show why appropriate legal standards should extend beyond purely objective and legalistic interpretations to more subjective and sociological factors that place sports violence and sports injury in social context.

The Convention on Preventing and Combating Violence against Women and Domestic Violence was adopted by the Council of Europe and opened for signature in Istanbul in 2011 (the Istanbul Convention). The Istanbul Convention offers a treaty-level protection against domestic violence to all people, including LGBTQs, that is, lesbian, gay, bisexual, transgender, and queer persons. Intimate partner violence (IPV) occurs in same-sex relationships as well as different-sex relationships. In addition, LGBTQ persons face the risk of violence in homophobic and transphobic family environments. The Istanbul Convention has faced significant backlash, a process driven by the global anti-feminist movement that also calls for the protection of traditional family values. In the Convention, “gender” is described as “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men” (Article 3(c)). The opponents of the Convention suggest that gender roles are not “given” by the society but inherent in different natures of women and men. The dissatisfaction of many States, such as Bulgaria, Armenia, Ukraine, and so on, is related to the perceived excessiveness of rights given to LGBTQ persons in the Istanbul Convention. This research paper sets aside the issue of political campaigning against the Convention in Eastern Europe, which has already been well reported. Instead, it aims to reveal how the protection against domestic violence under the Convention raises normative, conceptual, and substantive challenges in States entrenching the ideology of traditional family values in law.

Most developed countries have enacted privacy laws to govern the collection and use of personal information (PI) as a response to the increased misuse of PI. Yet, these laws rely heavily on the concept of informational self-determination through the “notice” and “consent” models, which is deeply flawed. This study aims at tackling these flaws achieve the full potential of these privacy laws.

The author critically reviews the concept of informational self-determination through the “notice” and “consent” model identifying its main flaws and how they can be tackled.

Existing approaches present interesting ideas and useful techniques that focus on tackling some specific problems of informational self-determination but fail short in proposing a comprehensive solution that tackles the essence of the overall problem.

This study introduces a model for informed consent, a proposed architecture that aims at empowering individuals (data subjects) to take an active role in the protection of their PI by simplifying the informed consent transaction without reducing its effectiveness, and an ontology that can partially realize the proposed architecture.

This paper aims to argue that traditional ethical theories used in disaster response may be inadequate and particularly strained by the emergence of new technologies and social media, particularly with regard to privacy. The paper suggests incorporation of care ethics into the disaster ethics nexus to better include the perspectives of disaster affected communities.

This paper presents a theoretical examination of privacy and care ethics in the context of social media/digitally enhanced disaster response.

The paper proposes an ethics of care can fruitfully by used by public and private agents in disaster management. Its relational ontology restores the priority of fostering good relationships between stakeholders, thus giving central importance to values such as transparency and trust and the situated knowledge of disaster-affected communities.

This paper presents theoretical research and is limited by the availability of empirical data. There is opportunity for future research to evaluate the impact of a conscious adoption of an ethics of care by disaster management agents.

An ethos of care ethics needs to be mainstreamed into disaster management organisations and digital initiatives.

This paper argues that power asymmetry in disaster response renders the public vulnerable to abuse, and that the adoption of care ethics can support disaster management agents in recognising this power imbalance and wielding power responsibly.

This paper examines the applicability of an alternative ethical framework to novel circumstances.