scholarly journals CONSENT TO TREATMENT AND OTHER MEDICAL INTERVENTIONS: LEGISLATIVE AND SCIENTIFIC APPROACHES

2020 ◽  
Vol 73 (12) ◽  
pp. 2816-2820
Author(s):  
Natalia D. Kogut ◽  
Serhii Y. Petriaiev
Keyword(s):  
Best Interests ◽  
Next Of Kin ◽  
Human Right ◽  
Mentally Disabled ◽  
Medical Interventions ◽  
Consent To Treatment ◽  
The Usa ◽  
The Right ◽  
Medical Articles ◽  
Personal Interests

The aim: To research approaches to maintaining balance between social and personal interests in the sphere of human right to consent to medical interventions. Materials and methods: The research is conducted with help of both general and special juridical methods of investigation. The empirical basis: an international legal acts; domestic laws of EU countries, the USA and other states; courts' decisions; statistics; juridical and medical articles. Conclusions: Consent to medical interventions is an absolute right of mentally capable adults and restriction of this right is never too necessary for social interest except for limiting measures due to pandemic or psychiatric disorders threaten. Next of kin or guardian has the right to consent for minors or mentally disabled in their best interests.

Is ‘best interests’ the right standard in cases like that of Charlie Gard?

2019 ◽  
Vol 46 (1) ◽  
pp. 16-17 ◽  
Author(s):  
Robert D Truog
Keyword(s):  
Harm Principle ◽  
Best Interests ◽  
Clinical Decisions ◽  
Disabled Children ◽  
The Usa ◽  
The Uk ◽  
The Right ◽  
Legal Judgments ◽  
The Harm Principle

Savulescu and colleagues have provided interesting insights into how the UK public view the ‘best interests’ of children like Charlie Gard. But is best interests the right standard for evaluating these types of cases? In the USA, both clinical decisions and legal judgments tend to follow the ‘harm principle’, which holds that parental choices for their children should prevail unless their decisions subject the child to avoidable harm. The case of Charlie Gard, and others like it, show how the USA and the UK have strikingly different approaches for making decisions about the treatment of severely disabled children.

Ethical position of medical practitioners who refuse to treat unvaccinated children

2019 ◽  
Vol 45 (8) ◽  
pp. 552-555
Author(s):  
Melanie Forster
Keyword(s):  
Medical Association ◽  
Conscientious Objection ◽  
Best Interests ◽  
Medical Practitioners ◽  
Ethical Position ◽  
The Usa ◽  
Refusal To Treat ◽  
The Right

Recent reports in Australia have suggested that some medical practitioners are refusing to treat children who have not been vaccinated, a practice that has been observed in the USA and parts of Europe for some years. This behaviour, if it is indeed occurring in Australia, has not been supported by the Australian Medical Association, although there is broad support for medical practitioners in general having the right to conscientious objection. This paper examines the ethical underpinnings of conscientious objection and whether the right to conscientious objection can be applied to the refusal to treat unvaccinated children. The implications of such a decision will also be discussed, to assess whether refusal to treat unvaccinated children is ethically justifiable. The best interests of both existing and new patients are crucially important in a doctor’s practice, and the tension between these two groups of patients are contemplated in the arguments below. It is argued that on balance, the refusal to treat unvaccinated children constitutes unjustified discrimination.

scholarly journals Voluntary vaccination: the pandemic effect

Legal Studies ◽  
2017 ◽  
Vol 37 (2) ◽  
pp. 279-304 ◽  
Author(s):  
Emma Cave
Keyword(s):  
Policy Option ◽  
Best Interests ◽  
Compulsory Vaccination ◽  
Rights Of The Child ◽  
National Public Health ◽  
The Usa ◽  
Adults And Children ◽  
Global Nature ◽  
The Right ◽  
Voluntary Vaccination

Justification of a voluntary vaccination policy in England and Wales rests on tenuous foundations. Two arguments against voluntary vaccination are gaining ground. The first is that globalisation necessitates preparedness strategies for pandemics. Assuming sufficient supply, compulsory vaccination of adults and children constitutes a potential policy option in the context of a severe, vaccine-preventable pandemic outbreak. The second argument is that children have a right to preventive medicine and thus to vaccination. The influence of the UN Convention on the Rights of the Child and its emphasis on parents as the trustees of their children's best interests, and the increasingly global nature of our collective and individual responsibilities with respect to the transmission of vaccine-preventable disease present challenges to the right to refuse vaccination on our own behalf and on behalf of our children. Exploring methods of compulsion and persuasion utilised across Europe, the USA and Australia, this paper argues that necessity and proportionality must be reassessed, and national public health law and policy setting out a graduated and proportionate approach to compulsory vaccination developed as a matter of priority.

scholarly journals Esej o prawie do decydowania o niektórych przejawach życia osobistego

2017 ◽  
Vol 43 ◽  
pp. 83-95
Author(s):  
Teresa Dukiet-Nagórska
Keyword(s):  
Assisted Suicide ◽  
Common Ground ◽  
Ex Vivo ◽  
Human Right ◽  
Medical Interventions ◽  
Life Saving ◽  
Starting Point ◽  
Polish Law ◽  
Principle Of Proportionality ◽  
The Right

Essay on the right to decide about some aspects of personal lifeThe essay is a reference to the statement of Professor T. Kaczmarek about the human right to a good death in Polish law. The starting point is recalling the provisions constituting the normative autonomy for refusing life-saving medical interventions, refusing abortion needed to save the lives or health of pregnant women and consent to organ donation ex vivo. These normative regulations are confronted with the criminalisation of the murder at the request of the victim and under the influence of sympathy for her and assisted suicide, as well as provisions permitting the forced treatment. The common ground is the principle of proportionality, as well as the provisions of the Constitution defining the protection of life and health, and the right to self-determination about personal life.

scholarly journals Transitional justice, victims and human rights in the light of international law and the inter-american system of human rights

2021 ◽  
pp. 300-327
Author(s):  
Florabel Quispe Remón
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Next Of Kin ◽  
Human Right ◽  
Origin And Evolution ◽  
Role Of The State ◽  
The Status ◽  
The Right

The article begins by analyzing the origin and evolution of the concept "transitional justice", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American Court has been carrying out since its operation, interpreting in a broad way and always pro homini, the American Convention of Human Rights. Throughout its years of operation, it has ruled on the State’s obligation to protect and guarantee human rights and to carry out the pertinent investigations in the event of their violation; as well as the recognition of the status of victims to the victims’ families and their pronouncement of the right to the truth, not as an autonomous human right, but rather as a right of the victims and their next of kin. Undoubtedly, these are aspects that have gone beyond the American Convention.

scholarly journals Education as a Basic Human Right: A Response to Special Education and the Charter.

1987 ◽  
Vol 2 ◽  
pp. 73-95
Author(s):  
A. Wayne MacKay ◽  
Gordon Krinke
Keyword(s):  
Special Education ◽  
Scholarly Writing ◽  
Human Right ◽  
Right To Education ◽  
Mentally Disabled ◽  
Valuable Addition ◽  
The Law ◽  
The Right ◽  
Appropriate Education ◽  
Excellent Article

“Special Education and theCharter: The Right to Equal Benefit of the Law” is an excellent article on the provincial statutory regimes and their relationship to s. 15 of theCharter. It surveys the legislatures' attempts at delivering education to students and highlights the shortcomings in these attempts, focussing on the inability or unwillingness of the legislatures to provide an appropriate education to mentally disabled individuals. The article then takes a prospective approach, illustrating how a generous interpretation of s. 15 of theChartermight be used to correct deficiencies in educational statutes. Both the survey of statute law and the commentary on its relationship to the equality provisions of theCharterprovide a valuable addition to scholarly writing on the provision of appropriate education to the mentally disabled.However, there is some danger in assuming that the right to education derives solely from statute. Statutes are creations of legislatures. If the right to education exists only in these statutes, education may be viewed not as the right of every child, but as a privilege bestowed by the legislature, to be determined by administrators, and to be overseen only as a last resort by the courts.

All in the (Definition of) Family: Transnational Parent–Child Relationships, Rights to Family Life, and Canadian Immigration Law

2021 ◽  
pp. 0192513X2110544
Author(s):  
Melissa Redmond ◽  
Beth Martin
Keyword(s):  
Family Life ◽  
Academic Research ◽  
Best Interests ◽  
Immigration Policies ◽  
Human Right ◽  
Canadian Immigration ◽  
Definition Of ◽  
The Right ◽  
Parent Child Relationships ◽  
Parent Child

International human rights conventions, Canadian law and academic research all support the right to family life. Internationally and domestically, multiple definitions of family are recognized, acknowledging that long-term interpersonal commitments can be based on biological relationships as well as co-residential, legal, and emotional ties. Yet, the Canadian immigration system’s limited and exclusionary understanding of parent–child relationships complicates migrant family reunification. Drawing on qualitative interview and survey data from separated families and key informants who support them, we analyze national status and class assumptions embedded in Canadian immigration standards. We argue that Canadian immigration policies disproportionately deny the right to family life to transnational Canadians and their children who hail from the Global South and/or who are socio-economically disadvantaged. Immigration policies neither recognize the globally accepted “best interests of the child” welfare standard nor the human right to family life. We offer suggestions for addressing these inequities in practice and policy.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

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