scholarly journals Reproductive rights: Current issues of late abortion

Stanovnistvo ◽  
2009 ◽  
Vol 47 (1) ◽  
pp. 49-67
Author(s):  
Hajrija Mujovic-Zornic
Keyword(s):  
Reproductive Rights ◽  
Medical Intervention ◽  
Legal Issues ◽  
Abortion Law ◽  
Good Medical Practice ◽  
Essential Question ◽  
Late Abortion ◽  
Woman's Rights ◽  
Set Up ◽  
Woman Health

This article considers the legal issues surrounding induced late abortion in cases when severe medical, therapeutic or ethical reasons have not been in dispute. Generally discussing the essential question about abortion today, it means not anymore legality of abortion but, in the first place, safety of abortion. From the aspect of woman health the most important aim is to detect and avoid possible risks of medical intervention, such as late abortion present. This is the matter of medical law context and also the matter of the woman's reproductive rights, here observed through legislation and court practice. The gynecologist has an obligation to obtain the informed consent of each patient. Information's should be presented in reasonably understandable terms and include alternative modes of treatment, objectives, risks, benefits, possible complications, and anticipated results of such treatment. Pregnant woman should receive supportive counseling before and particularly after the procedure. The method chosen for all terminations should ensure that the fetus is born dead. This should be undertaken by an appropriately trained practitioner. Reform in abortion law, making it legally accessible to woman, is not necessarily the product of a belief in woman's rights, but can be a means of bringing the practice of abortion back under better control. Counseling and good medical practice in performing late abortion are the instruments to drive this point even further home. It does not undermine the woman who wants to make a positive decision about her life and its purpose is not to produce feelings of insecurity and guilt. It concludes that existing law should not be changed but that clear rules should be devised and board created to review late term abortion. In Serbia, this leads to creation and set up guidelines for reconciling medical justification for late abortion with existing law, especially with solutions which brings comparative law. .

Reproductive rights: Legal aspects of the right to sterilisation

Stanovnistvo ◽  
2001 ◽  
Vol 39 (1-4) ◽  
pp. 119-130 ◽  
Author(s):  
Hajrija Mujovic-Zornic
Keyword(s):  
Mental Health ◽  
Free Choice ◽  
Reproductive Rights ◽  
German Law ◽  
Legal Aspects ◽  
Penal Policy ◽  
Abortion Law ◽  
Legal Questions ◽  
The Right ◽  
Voluntary Sterilization

In this paper the author discusses the nature and importance of the right to reproduce, in particular the right to sterilisation. In the time past sterilization has been practiced only as a measure of penal policy or the prevention of mental health diseases. Today, mostly we can speak about the right to sterilization (especially reversible sterilization). The patient have a free choice to decide any method of contraception and that could be a voluntary sterilization (also called human, contraceptive, non-therapeutical in French law, and obliging in German law). Various legal questions about this right can be raised, in accordance of state of reproductive rights (how they are regulated by the law) and the protection of reproductive rights (especially the right of pregnant woman as a patient). Yugoslav law not yet has a complete regulation and adequate solutions in this area, except the abortion law. The primary gynecology care has contraceptive counseling, but concrete measures and education are insufficient. It cannot begin to give consistent answers to all of these questions without a coherent conception of the right to reproduce, which is the primary duty of legal experts.

Advancing Reproductive Rights through Legal Reform: The Example of Abortion Clinic Safe Access Zones

2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Ronli Sifris ◽  
Tania Penovic ◽  
Caroline Henckels
Keyword(s):  
Empirical Research ◽  
Reproductive Rights ◽  
Legal Reform ◽  
Medical Abortion ◽  
Medical Practitioners ◽  
High Court ◽  
Abortion Law ◽  
The Past ◽  
Abortion Clinic ◽  
Safe Access

The past two decades have seen significant reforms in abortion law throughout Australia. From the perspective of advancing women’s reproductive rights, the most significant abortion law reforms have been the decriminalisation of abortion, removal of impediments to accessing medical abortion, the imposition of an ‘obligation to refer’ on medical practitioners with a conscientious objection to abortion, and the introduction of safe access zones around abortion clinics. This article focuses on the introduction of safe access zones as a key legal reform that has been implemented across Australia to support and promote women’s reproductive rights, drawing on empirical research conducted by the first and second authors and discussing this research in the context of the recent High Court decision confirming the constitutionality of safe access zones.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

scholarly journals OWN EXPERIENCES OF ABORTION IN DESCRIPTIONS OF PEOPLE ASSOCIATED IN PRO-CHOICE GROUPS ON FACEBOOK IN POLAND

2020 ◽  
Vol 4 (1) ◽  
pp. 85-100
Author(s):  
KLEMENTYNA KULETA
Keyword(s):  
Public Discourse ◽  
Positive Emotions ◽  
Negative Emotions ◽  
Termination Of Pregnancy ◽  
Legal Issues ◽  
Online Questionnaire ◽  
Abortion Law ◽  
Experience Difficulty ◽  
Pro Choice

A restrictive anti-abortion law is in force in Poland. However, many people terminate pregnancy in cases other than those specified in the Act. Public discourse on this subject is dominated by philosophical and legal issues, and it lacks the voices of those who terminated the pregnancy. Abortion is often presented as a sad necessity, as always difficult or traumatic. I conducted research on describing own abortion experiences by people from Facebook pro-choice groups. 99 respondents who had 102 abortions completed an anonymous online questionnaire. From the material of answers, I selected categories that were used to analyze the results of the study: positive emotions, negative emotions, pregnancy as a burden, good experience, difficulty experience, stigmatization, support. It turned out that the experiences of termination of pregnancy were diverse. Respondents, describing their experiences, discussed topics rarely present in the discourse, such as the fact that abortion can be a good experience.

scholarly journals Connecting Reproductive Rights, Democracy, and the Rule of Law: Lessons from Poland in Times of COVID-19

2021 ◽  
Vol 22 (6) ◽  
pp. 1072-1097
Author(s):  
Atina Krajewska
Keyword(s):  
Rule Of Law ◽  
Reproductive Rights ◽  
The Rule Of Law ◽  
Abortion Law ◽  
Polish Society ◽  
History Of ◽  
Constitutional Tribunal ◽  
Litmus Test ◽  
The Relationship

AbstractThis article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.

Compiling Medical Data into National Medical Databases

2009 ◽  
pp. 2085-2099
Author(s):  
Boštjan Bercic ◽  
Carlisle George
Keyword(s):  
File Systems ◽  
Personal Data ◽  
Medical Data ◽  
Legal Issues ◽  
Medical Databases ◽  
Eu Legislation ◽  
National Medical ◽  
Access Rights ◽  
Set Up ◽  
The Eu

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.

scholarly journals Centralised Biological Therapy Registry for Moderate to Severe Plaque Psoriasis – Overview and Methodology

2016 ◽  
Vol 16 (1) ◽  
pp. 36-48
Author(s):  
R Sutka ◽  
J Pec ◽  
T Pecova
Keyword(s):  
Plaque Psoriasis ◽  
Biological Therapy ◽  
Treatment Guidelines ◽  
Safety Data ◽  
Real Life ◽  
Developed Countries ◽  
Medical Intervention ◽  
Added Value ◽  
Severe Plaque Psoriasis ◽  
Set Up

Abstract The introduction of new pharmacotherapy entities in the last decade accentuate the necessity to set up treatment guidelines based on real life evidence. Randomized controlled trials remain golden standard of a research. Data derived from studies aiming on daily clinical practice should bring needed, added value. Disease prevalence growth, due to increased life expectancy, better diagnostic procedures and earlier medical intervention, as well as ever growing demand for highly priced, sophistically produced drugs put stress on healthcare budgets even in developed countries. Large databases commonly called - therapy registries are implemented to collect data on therapy effectivity in terms of effectiveness, safety and patient long-term on therapy survival. Registries importance rose together with biological therapies introduction. New in class molecules entered the market conditionally being obliged to provide additional e.g. safety data. Such procedures require involvement of many different professionals, e.g. physicians, professional medical bodies, IT experts, database administrators, statisticians and government institutions. Paper based, followed by computer based forms were distributed among physicians to collect these data. eHealth technologies provide physicians with centralized, more intuitive applications. The particularities of different diagnosis caused great variations within each specific registry launched. Important information was missing since they were pointed out as optional and many were redundant causing frustration among physicians due to inadequate administrative workload. The main objective of this work was to set up the therapy registry standards and procedures. Methodology of „ideal“ moderate to severe plaque psoriasis biology therapy registry development, introduction, administration and evaluation was prepared to assist any government institution or professional body when planning registry deployment. Electronic application based on widely used MS Excel platform was developed and installed in the biological therapy centers as a standalone application for the pilot use.

Abortion and Reproductive Rights

2005 ◽  
Author(s):  
Jane Maslow Cohen
Keyword(s):  
United States ◽  
Reproductive Rights ◽  
Life Sciences ◽  
The United States ◽  
Policy Initiatives ◽  
Abortion Law ◽  
The United Kingdom ◽  
Law And Policy ◽  
The Subject ◽  
The 1960S

This article discusses critical debate about individual control over the beginnings of life that has sprawled across the fields of academic law, philosophy, politics, religion, the life sciences, and the self-christened field of bioethics from the 1960s up to the present. The subject has formed in and around a cascade of popular pressures; biomedical advances; legislative, judicial, and public policy initiatives; media attention; and the boiling politics in which, at least in the United States, the whole series of enterprises has been bathed. The present undertaking will train on the law. It covers contraception in the United States, abortion law and policy in the United States, and contraception and abortion in Europe and the United Kingdom.

PENYELEWENGAN TUJUAN PENDIRIAN BADAN USAHA PENUNJANG KEGIATAN OLEH LEMBAGA YAYASAN DALAM PERSPEKTIF UNDANG-UNDANG YAYASAN

2020 ◽  
Vol 17 (1) ◽  
pp. 31-43
Author(s):  
Ida Bagus Bayu Brahmantya
Keyword(s):  
Research Method ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Research ◽  
Real Effect ◽  
Historical Approach ◽  
Set Up ◽  
Article 5

This research is entitled "Misappropriation of Establishment Objectives of Supporting Business Activities by Foundation Institutions in Foundation Law Perspectives." The background of this research is the opportunity to misuse Foundation institutions that can occur because the Foundation can carry out business activities to achieve the aims and objectives of establishing the Foundation with how to set up a business entity or participate in a business entity. Article 5 of the Foundation Law stipulates that the wealth of the Foundation, including the proceeds of the Foundation's business activities, is the full wealth of the Foundation to be used to achieve the aims and objectives of the Foundation. Criminal provisions against violations of the Article are regulated in Article 70 of the Foundation Law, for those who violate the provisions of imprisonment for a maximum of 5 (five) years and are obliged to return it. Article 6 of the Foundation Law is used as a shield against the prohibition. This study focuses on two legal issues, namely, how is the Foundation's business activities to obtain profits as capital in managing the Foundation according to the Foundation Law? And what about sanctions for misappropriation of a Foundation's business activities according to the Foundation Law? The research method used in analyzing legal issues in this study is the normative legal research method. This normative legal research is carried out using the statutory approach, the historical approach to the comparative approach. Based on the analysis, it is known that the Foundation Law uses the method of prevention by including provisions that do not allow or at least, complicating the misuse of the foundation by the organs of the Foundation. However, in the Foundation Law there is a legal obscurity that affects the attitude and quantity of non-compliance and has a real effect on legal behavior, including the behavior of lawbreakers. Keywords: Foundation, Criminal, Business Entity, Misappropriation.

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