scholarly journals Mental Health and Legal Review of Several Related Issues

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 166-183
Keyword(s):  
Mental Health ◽  
Health Services ◽  
Research Problem ◽  
Legal Framework ◽  
Legal Norms ◽  
The Public ◽  
Legal Context ◽  
Additional Funding ◽  
Psychosocial Need ◽  
The Right

The research problem of this article will address the specific issues related to mental health in a legal context. The aim of the research is to outline established practices and show us the situation in this regard. To achieve this goal, legal norms are reviewed, both internationally and domestically. Also, cases from court and reports of the Public Defender of Georgia. Research has shown that protecting the right to health is problematic. In particular, mental health services are less accessible and comprehensive. Although the legal framework imposes certain requirements, in practice there are breaches that lead to human rights violations. In particular, the current research revealed violations of the right to life and health. As well as facts of torture and inhuman treatment, both nationally and internationally. This article concludes by suggesting ways to address the problem, such as accessing additional funding for health services, with more controlled monitoring that will tightly control the enforcement of legal requirements. Based on the principle of the welfare state, the state should provide services that do not put people in a psychosocial need in a worse position. Finally, it should be noted that as a result of the research, specific issues related to mental health were identified, which were reviewed in a legal context. The practices that exist in the international and national levels were highlighted.

scholarly journals Audiovisual Media Regulation during the COVID-19 Pandemic - Measures Undertaken by the Romanian Authorities during the State of Emergency

2021 ◽  
Vol 10 (1) ◽  
pp. 65-75
Author(s):  
Zsolt Kokoly
Keyword(s):  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Legal Norms ◽  
The Public ◽  
Audiovisual Media ◽  
Media Regulation ◽  
Presidential Decree ◽  
Multiple Challenges ◽  
The Right

The present study aims to offer a review of measures taken by the Romanian authorities in the field of audiovisual media regulation during the state of emergency instituted in March 2020 following the COVID-19 outbreak. The legal framework has been adjusted, drawing both from extant norms, such as the 2003 Constitution of Romania, and from newly adapted legal norms such as the Presidential Decree declaring the state of emergency. Also, the competent authorities have been invested with additional powers, this being the case of the National Audiovisual Council and the National Authority for Management and Regulation in Communications. These institutions have faced multiple challenges regarding the clash between freedom of opinion and freedom of speech and the right to correct information of the public and the campaigns to counter misinformation.

scholarly journals Barriers to Biosimilar Prescribing Incentives in the Context of Clinical Governance in Spain

2021 ◽  
Vol 14 (3) ◽  
pp. 283
Author(s):  
Félix Lobo ◽  
Isabel Río-Álvarez
Keyword(s):  
Health Services ◽  
Trade Unions ◽  
National Level ◽  
Professional Associations ◽  
Legal Framework ◽  
Clinical Governance ◽  
Monetary Incentives ◽  
Public System ◽  
The Public ◽  
Micro Level

Incentives contribute to the proper functioning of the broader contracts that regulate the relationships between health systems and professionals. Likewise, incentives are an important element of clinical governance understood as health services’ management at the micro-level, aimed at achieving better health outcomes for patients. In Spain, monetary and non-monetary incentives are sometimes used in the health services, but not as frequently as in other countries. There are already several examples in European countries of initiatives searching the promotion of biosimilars through different sorts of incentives, but not in Spain. Hence, this paper is aimed at identifying the barriers that incentives to prescribe biosimilars might encounter in Spain, with particular interest in incentives in the framework of clinical governance. Both questions are intertwined. Barriers are presented from two perspectives. Firstly, based on the nature of the barrier: (i) the payment system for health professionals, (ii) budget rigidity and excessive bureaucracy, (iii) little autonomy in the management of human resources (iv) lack of clinical integration, (v) absence of a legal framework for clinical governance, and (vi) other governance-related barriers. The second perspective is based on the stakeholders involved: (i) gaps in knowledge among physicians, (ii) misinformation and distrust among patients, (iii) trade unions opposition to productivity-related payments, (iv) lack of a clear position by professional associations, and (v) misalignment of the goals pursued by some healthcare professionals and the goals of the public system. Finally, the authors advance several recommendations to overcome these barriers at the national level.

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

2021 ◽  
Vol 8 (2) ◽  
pp. 63-73
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
The South ◽  
Legal Context ◽  
Muslim Children ◽  
The Status ◽  
The Right ◽  
Law Of Succession

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

scholarly journals Public mental health services in Mumbai

2010 ◽  
Vol 7 (4) ◽  
pp. 97-99
Author(s):  
Ajanta Akhuly ◽  
Mrinmoyi Kulkarni
Keyword(s):  
Mental Health ◽  
Mental Health Services ◽  
Health Services ◽  
Public Mental Health ◽  
Publicly Funded ◽  
Special Significance ◽  
The Public ◽  
Migrant Populations ◽  
Public Mental Health Services ◽  
The World

Mumbai, India's largest city, also has the distinction of being the most populous city in the world. The association between urbanisation and mental illness has been widely documented (Harpham & Blue, 1995, especially pp. 41–60). Mumbai is characterised by dense slums housing large migrant populations facing stressful lives. The state of publicly funded mental health facilities in Mumbai has special significance in this context, since they are the only resource available to a large economic ally vulnerable section of the population. The objective of the present study was to evaluate the public mental health services in Mumbai and to identify areas for improvement.

scholarly journals Occupational health in a hospital setting

Curationis ◽  
1981 ◽  
Vol 4 (3) ◽  
Author(s):  
Dorothy Blacklaws
Keyword(s):  
Occupational Health ◽  
Health Services ◽  
Hospital Setting ◽  
Working Environment ◽  
Legal Obligation ◽  
The Public ◽  
Job Safety ◽  
Employee Groups ◽  
The Right ◽  
Labour Turnover

Health services and especially hospitals, are amongst the employers with the largest number of employees in the country. Those employed in the service have the right to as high a standard of occupational health as found in industry at its best. Health services in hospitals should use techniques of preventive employees and reduces absenteeism due to sickness and other causes. It health requirements of the employees. Hospitals should serve as examples to the public regarding health education, preventive medicine and job safety. Hospitals have a moral and legal obligation to: — provide a safe and healthful working environment for employees; — protect employees from special risks and hazards associated with their occ u p a t i o n s , su c h as c o n t a g io u s diseases; — protect patients from risks associated with unhealthy employees. Experience in other employee groups has shown that an occupational health service results in healthier, more effective employees and reduces absenteeism due to sickness and other causes. It also reduces labour turnover and Workmen’s compensation and other insurance claims.

Mental health and human rights in Morocco: The urgent need for new policy

2017 ◽  
Vol 41 (S1) ◽  
pp. S568-S568
Author(s):  
C. Aroui ◽  
A. Khoubila ◽  
K. Mchichi Alami ◽  
M. Agoub ◽  
O. Battas ◽  
...  
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Policy ◽  
Mental Health Services ◽  
Health Services ◽  
Mental Health Policy ◽  
Medical Specialty ◽  
Legal Framework ◽  
Vulnerable Groups ◽  
Health And Human Rights

IntroductionAll over the world, there is global emergency when it comes to respecting human rights in providing good mental health services. Morocco as an African and a developing country has always had a mental health policy defined by several glitches and failures, which had not helped him improve its mental health services quality. Nevertheless, huge improvements were achieved through time.ObjectivesThis report, aims to draw attention on how compulsory it is to think and act all together to promote mental health and provide patients with better health services in Morocco.MethodsThe National Human Rights Council conducted an information and investigation mission in Morocco's main mental health hospitals and facilities between March 27 and July 6, 2012.ResultsStructures are insufficient and inadequate in terms of geographical distribution, architecture and equipment. There is a big shortage of medical and paramedical staff and little interest is given to vulnerable groups. Nevertheless, huge improvements have also been achieved through time with mental health issues becoming a cornerstone of the ministerial program, the involvement of the NGOs, the construction of newer facilities, the implementation of an information gathering system and the presence of a substance use policy.ConclusionPsychiatry in Morocco has come a long way since it was firstly implemented in the country as a medical specialty. Undoubtedly, a lot has been done but much more remains to be achieved. The current situation requires relevant actions and that clearly includes the implementation of a new mental health policy and the update of the legal framework.Disclosure of interestThe authors have not supplied their declaration of competing interest.

Universal Health Services

2013 ◽  
Vol 11 (3) ◽  
pp. 687-708 ◽  
Author(s):  
Aljaž Rogelj ◽  
Boštjan Brezovnik
Keyword(s):  
Health Service ◽  
Health Services ◽  
Legal Framework ◽  
General Interest ◽  
The European Union ◽  
Service Creation ◽  
Legislative Framework ◽  
The Right ◽  
Legal Guidelines ◽  
Universal Health

All EU nationals have the right to health services that are affordable for everyone under the same conditions. Sector-specific regulations provide that health services are services of general interest that must be implemented through a national legal framework. The state must design the universal health services in a way that respects the principle of public health service affordability for all citizens. In the study, we focused on understanding the legal framework which serves as foundation the regulating universal health services in Slovenia, sector-specific regulations and other acts, and tried to assess the strengths and weaknesses of the Slovenian legal framework. Our efforts have been directed towards studying the legislative framework of the European Union and defining the legal guidelines that establish the legal framework for universal health service creation.

How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916

2006 ◽  
Vol 24 (1) ◽  
pp. 1-43
Author(s):  
Natasha Assa
Keyword(s):  
Fundamental Principle ◽  
Legal Framework ◽  
The State ◽  
Government Officials ◽  
Public And Private ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Power ◽  
The Right ◽  
Administrative Justice

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

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