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      Commentary about the paper: “Overview of clinical forensic services in various countries of European Union”

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      Forensic Sciences Research
      Taylor & Francis

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          Abstract

          The article about the “Overview of clinical forensic services in various countries of European Union” [1] is an important milestone in the field of clinical forensic medicine in so far that one of the main proposals would be to set up a Clinical Forensic Network for Europe. This network could be held under the umbrella of the European Council of Legal Medicine. The project described in this paper was submitted under the “Joint Justice & Daphne call–Actions grants to support national or transnational projects to enhance the rights of victims of crime/victims of violence-JUST/2015/SPOB/AG/VIC” and is co-funded by the Justice Programme of the European Union (EU) [2]. The JUSTeU! project started in February 2017 for a period of 2 years and addresses the access to specialist support services and specifically to clinical forensic examinations [3]. The medical care of victims of sexual and/or physical violence consists in a clinical forensic examination during which injuries are documented in detail on a documentation form as well as pictures taken of the lesions and collection of trace evidences which are stored in adequate conditions. These evidential findings can then be used in upcoming legal proceedings [4]. The project consortium involves the Institute of Forensic and Traffic Medicine at the University Hospital Heidelberg and the Institute for Forensic Medicine at the Hannover Medical School in Germany, the Department of Medical and Surgical Specialties, Radiological Sciences, and Public Health at the Università degli Studi di Brescia in Italy, the Department of Forensic Medicine at the Faculty of Medicine in Hradec Králové and the Faculty of Law at Palacký University Olomouc in the Czech Republic. The Ludwig Boltzmann Institute for Clinical Forensic Imaging was the project leader. Finally, it was possible for this consortium to gather forensic expertise from 11 European countries: Austria, Croatia, the Czech Republic, Germany, Ireland, Italy, Luxembourg, Portugal, Romania, Slovakia and Slovenia. One main part of the project focuses on dissemination and awareness-raising activities to expand the knowledge on the relevance of an access to clinical forensic examinations for victim support in the public as well as amongst experts. The goals of the JUSTeU! were to discuss a future Clinical Forensic Network for Europe (CFN Europe) and a European-wide minimum standard for clinical forensic examinations. The starting point for the discussions was to create two questionnaires, one was dedicated to analyse the legal framework concerning clinical forensic examinations, the second was concerning the availability of clinical forensic service offers in the different countries. The results showed that a European-wide network could offer many advantages for victims and for medical staff and this paper, as the different guidelines published by the European Council of Legal Medicine [5,6], represent a strong argument on the European level to achieve the implementation of guidelines and standards as well as the funding for the examination services. Furthermore, victims should have equal rights and receive equal support and protection in all the EU countries. It must be stressed out that the evidential findings within a clinical forensic examination have a higher value of evidence in court. The authors stated that the setting up of a CFN Europe could allow victims to have an access up to date and easily gain information on how to contact respective where to find a specialist for a clinical forensic examination. Another advantage of a CFN Europe would be that the public would have more awareness for the issue of domestic and sexual violence in the public, which could encourage victims to come forward and report their cases. The CFN Europe could also be the body where experts and medical staffs and paramedics could exchange on their experience, on mutual learning and research opportunities with international experts. Furthermore, the CFN Europe could be a network proposing training for medical staff and other occupational groups who are in close contact with victims of physical and/or sexual violence in order to secure and adequately store forensic findings. The highlights of this paper are that clinical forensic services should be built on “three pillars: ‘Awareness raising in public’, ‘Support by state/politics’ and ‘Training’”. The clinical forensic units must have, to guarantee adequate support for victims of all forms of violence, an availability of an on-call service, provided 24/7. The JUSTeU! project could be seen as the starting point to push forward clinical forensic medicine on the European level, but this work should be extended to other countries of the EU that did not participate in the study with the scientific support of the European Council of Legal Medicine. Bertrand Ludes University of Paris, Paris, France bertrand.ludes@parisdescartes.fr

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          Guidelines examination of victims of sexual assault harmonization of forensic and medico-legal examination of persons.

          Sexual assault is a complex situation with medical, psychological, and legal aspects. Forensic experts play a major role in terms of forensic and gynecological medical examination and evidence collection in order to maintain the chain of custody. Victims should be examined by a specially trained medico-legal examiner in order to avoid multiple examinations in the surroundings that do not meet minimum health standards. The evolution and treatment of sexual assault victims are time-intensive and should optimally be provided by a team that includes a forensic medical doctor. These guidelines will be of interest to forensic medical doctors who will have responsibility for the examination and assessment of victims of sexual violence and can be used as a day-to-day service document and/or a guide to develop health service for victims of sexual violence.
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            European council of legal medicine (ECLM) guidelines for the examination of suspected elder abuse.

            Article 25 of the Charter of Fundamental Rights of the European Union (adopted in Nice on 7 December 2000) recognizes and respects the rights of older people to lead a life of dignity and independence and to participate in social and cultural life. It also highlights the importance of prevention and recognition of elder abuse, especially since exposure to violence is likely as the population ages, either in familial or in institutional settings. Elder abuse has some issues in common with child abuse but in spite of this fact currently is less recognized. Health professionals have a major role to play in early detection and management of cases of elder abuse. This protocol summarizes some key concepts and approaches to assist in the timely detection and investigation of elder abuse cases by healthcare professionals and forensic practitioners.
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              Clinical forensic imaging and fundamental rights in Austria

              ABSTRACT Clinical forensic imaging encompasses the diverse application of imaging procedures that serve the same purpose: to enable the analysis and investigation of criminal activities and consequences of a crime. All kinds of imaging techniques and their corresponding images can be subsumed under “forensigraphy”, a more comprehensive term for forensic imaging created by the Ludwig Boltzmann Institute for Clinical Forensic Imaging in Graz, Austria. As the word forensigraphy suggests, criminal imaging material should be of use in forensic investigations. Ideally, this can lead to new findings that would not have been revealed without the application of imaging techniques and are moreover admissible as evidence in criminal proceedings. However, the admissibility of evidence can only be facilitated through the implementation of clinical forensic imaging techniques into the forensic routine case work, which requires a precise pre-analysis of the corresponding legal framework. Because taking and displaying internal images of a person's body touches upon various aspects of one's physical and psychological integrity, imaging methods in general and clinical forensic imaging methods especially have a strong impact on and interfere regularly with the fundamental rights of the concerned person. Particularly with regard to a possible medical context, certain legal regulations have to be taken into account. Therefore, this paper examines forensic imaging in the field of radiological forensigraphy, specifically its in vivo (i.e. clinical) application. It is designed to enlighten readers as to the great significance of legal barriers that emerge from fundamental rights, as laid down in the European Convention on Human Rights (ECHR), when dealing with clinical forensic imaging. As a result, the legal framework of clinical forensic imaging procedures are comprehensively described, the relevant fundamental rights, especially the right to respect for private and family life, the right to data protection and certain procedural guarantees, are concisely presented to further raise awareness regarding the importance of fundamental rights.
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                Author and article information

                Journal
                Forensic Sci Res
                Forensic Sci Res
                TFSR
                tfsr20
                Forensic Sciences Research
                Taylor & Francis
                2096-1790
                2471-1411
                2020
                30 October 2019
                : 5
                : 1
                : 85-86
                Affiliations
                University of Paris , Paris, France
                Author notes
                Article
                1659475
                10.1080/20961790.2019.1659475
                7241455
                45b0fe7b-8815-495c-9c1f-aea74f3551af
                © 2019 The Author(s). Published by Taylor & Francis Group on behalf of the Academy of Forensic Science.

                This is an Open Access article distributed under the terms of the Creative Commons Attribution License ( http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

                History
                : 14 August 2019
                : 16 August 2019
                : 20 August 2019
                Page count
                Figures: 0, Tables: 0, Pages: 2, Words: 1033
                Categories
                Letter to the Editor

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