scholarly journals Objection de conscience et aide médicale à mourir : une étude qualitative auprès de médecins québécois

2019 ◽  
Vol 2 (2) ◽  
pp. 110-134
Author(s):  
Isabelle Dumont ◽  
Jocelyn Maclure
Keyword(s):  
Medical Assistance ◽  
The Public ◽  
Medical Assistance In Dying ◽  
Incurable Illness ◽  
Future Selves ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The Public Sphere ◽  
Aide Médicale À Mourir ◽  
To Receive

Patients in Quebec can legally obtain medical assistance in dying (MAID) if they are able to give informed consent, have a serious and incurable illness, are at the end of their lives and are in a situation of unbearable suffering. Since the Supreme Court of Canada’s 2015 Carter decision, access to MAID, under certain conditions, has become a constitutional right. Quebec physicians are now likely to receive requests for MAID from their patients. The Quebec and Canadian laws recognize a physician’s right to conscientious objection, but this right is contested both in the medical ethics literature and in the public sphere. This paper presents the results of a qualitative study conducted with twenty Quebec physicians who did not integrate MAID into their medical practice, either because they were opposed to or deeply ambivalent about MAID. The interviews aimed to explore the reasons – religious and secular – for opposition to or ambivalence towards MAID. The secular reasons given by participants were grouped into four main categories: 1) the ends of medicine and professional identity, 2) the philosophy of palliative medicine and resource allocation in palliative care, 3) benevolent paternalism, the “good death”, and the interests of future selves, 4) the risk of a slippery slope and the protection of vulnerable people.

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

Democratic Justice

Free Justice ◽  
2020 ◽  
pp. 86-116
Author(s):  
Sara Mayeux
Keyword(s):  
New York ◽  
Public Defender ◽  
Way Of Life ◽  
Defense Attorneys ◽  
The Public ◽  
Criminal Defense ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The Individual ◽  
The Cold War

In contrast to earlier periods when elite lawyers expressed skepticism of the public defender, this chapter describes the Cold War moment when elite lawyers, like the New York lawyer Harrison Tweed, celebrated the public defender as central to the “American way of life.” By the 1950s, lawyers and political leaders touted the rights that U.S. Constitution afforded to criminal defendants as hallmarks of democracy. These rights were thought to exemplify democratic regard for the individual, in contrast to the state-dominated show trials that symbolized totalitarianism. Within this context, criminal defense attorneys were rhetorically celebrated and the public defender was reframed from a harbinger of socialism into an anticommunist figure. In 1963, the Supreme Court issued its landmark decision in Gideon v. Wainwright, further enshrining the constitutional right to counsel. Gideon held that the Sixth Amendment requires states to provide counsel to indigent defendants in all serious felony trials. The decision was celebrated and chronicled in the widely read book by journalist Anthony Lewis, Gideon’s Trumpet, and the Ford Foundation announced ambitious plans for a nationwide initiative to expand public defender offices.

scholarly journals Considering medical assistance in dying for minors: the complexities of children’s voices

2020 ◽  
Vol 46 (6) ◽  
pp. 399-404 ◽  
Author(s):  
Harprit Kaur Singh ◽  
Mary Ellen Macdonald ◽  
Franco A Carnevale
Keyword(s):  
Supreme Court ◽  
Careful Consideration ◽  
Childhood Studies ◽  
Medical Assistance ◽  
Medical Assistance In Dying ◽  
Children’S Agency ◽  
The Supreme Court ◽  
Children’S Voices

Medical assistance in dying (MAID) legislation in Canada followed much deliberation after the Supreme Court of Canada’s ruling in Carter v. Canada. Included in this deliberation was the Special Joint Committee on Physician Assisted Dying’s recommendation to extend MAID legislation beyond the inclusion of adults to mature minors. Children's agency is a construct advanced within childhood studies literature which entails eliciting children’s voices in order to recognise children as active participants in constructing their own childhoods. Using this framework, we consider the possible extension of MAID legislation to most minors. We highlight important questions regarding how insights from children’s voices could be mobilised in the life or death context of MAID. We conclude that children’s voices have the potential to help determine their eligibility for MAID; however, incorporating children's voices in the context of MAID requires careful consideration due to the complexity of voice.

scholarly journals An Ethical-Legal Analysis of Medical Assistance in Dying for Those with Mental Illness

2018 ◽  
pp. 149 ◽  
Author(s):  
Ryan Tanner
Keyword(s):  
Mental Illness ◽  
Assisted Dying ◽  
Legal Analysis ◽  
Medical Assistance ◽  
The Public ◽  
University Of Toronto ◽  
Medical Assistance In Dying ◽  
Physical Suffering ◽  
Canadian Culture ◽  
The University

This article considers sources of opposition to allowing access to medical assistance in dying for individuals with mental illness. It originated with an observation by members of the University of Toronto Joint Centre for Bioethics that in mainstream Canadian culture — as well as in political, academic, and professional circles — such opposition remains widespread (and often reflexive). This opposition exists even in light of broad support for access to assisted dying for individuals with illness manifesting in physical suffering. Most Canadians treat the prospect of assisted dying for those with mental illness with suspicion, and it is worth exploring why this opposition persists, what arguments can be leveled to support it, and whether those arguments can be sustained. To that end, I identify five objections to assisted dying for the mentally ill that seem to characterize the public debate, and argue that none are sustainable. They either rely on false premises or otherwise fail to secure the conclusion that assisted dying should be off limits to people suffering from mental illness, even when such mental illness is their sole underlying condition.

scholarly journals Propaganda Chimera: Unpacking the Iranian Perception Information Operations in the Arab World

2021 ◽  
Vol 5 (1) ◽  
pp. 163-174
Author(s):  
Mona Elswah ◽  
Mahsa Alimardani
Keyword(s):  
Arab World ◽  
Arab Countries ◽  
The Public ◽  
Media Companies ◽  
The Past ◽  
Information Operations ◽  
The Us ◽  
Foreign Politics ◽  
The Public Sphere ◽  
To Receive

Abstract In the past four years, Iranian Information Operations (IOs) have received a lot of scrutiny by social media companies and policymakers. From 2018 to 2021, several accounts on Twitter, Facebook, and Instagram were taken down by tech companies for engaging in coordinated inauthentic behaviour. Despite the heated relationship between Iran and many Arab countries, the Iranian IOs in the Arabic online sphere have received less academic attention over the years. This study fills this gap by being one of the few studies to investigate the Iranian IOs in the Arab world. We analyse more than 9.3 million tweets posted from 2008 to 2020 using the hashed datasets shared by Twitter’s Election Integrity Hub. We found that Iran’s IOs have made the Arab world its primary target—despite the attention the US claims to receive from them. However, these IOs demonstrate very little engagement and reach amongst Arab users, limiting the possibilities of Iran infiltrating the online Arabic sphere, and fostering weak yet unruly Arab counterpublics. This study argues that Iran’s IOs garner their power from being perceived as efficient and dangerous operations that could pollute the public sphere of overseas nations, rather than through actual infiltration through engagement. We understand Iran’s efforts to be preoccupied with old propaganda efforts, through their investment in websites and imitation of news organisations. However, their efforts prove that Iran adopted the tactics of “new propaganda” that depend on creating a perceived atmosphere of distrust and chaos. We contribute to the discussion on information operations by proposing the term “perception IOs”, referring to IOs by governments that aspire to be perceived as effective meddling countries in foreign politics.

scholarly journals Autoimmune Myocarditis might Reason for the Sudden Death Reports following SARS CoV-2 mRNA vaccination: Could NSAIDs Ameliorate the Risk?

2021 ◽  
Author(s):  
Mina Kelleni
Keyword(s):  
Adverse Effects ◽  
Sudden Death ◽  
Potential Hazard ◽  
Autoimmune Myocarditis ◽  
The Public ◽  
Inflammatory Drugs ◽  
Constitutional Right ◽  
To Receive ◽  
A Company

The public has a constitutional right to know all potential hazards of COVID-19 newly approved vaccines to freely decide whether to receive any. We discuss the potential autoimmune risk that is associated with mRNA-based vaccines, the potential role of non-steroidal anti-inflammatory drugs to ameliorate it and discuss some of the newly reported post vaccination cases who encountered serious adverse effects including sudden death. Importantly, we recommend CDC to change its neutral recommendation and to advice against administration of nucleic acid-based vaccines to persons complaining from autoimmune diseases. Furthermore, we urge the FDA to consider a reevaluation of the emergency approval granted to Pfizer-BioNTech SARS CoV-2 mRNA vaccine associated with most of the reported serious adverse effects and fatalities as we suggest that there is a likelihood for at least short-term potential hazard that might be a company specific, to be fully compared it to its Moderna’s counterpart vaccine as regards to its used mRNA sequence and adjuvants.

scholarly journals Information needs of francophone health care professionals and the public with regard to medical assistance in dying in Quebec: a qualitative study

CMAJ Open ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. E190-E196
Author(s):  
Antoine Boivin ◽  
François-Pierre Gauvin ◽  
Geneviève Garnon ◽  
Agustina Gancia ◽  
Ghislaine Rouly ◽  
...  
Keyword(s):  
Health Care ◽  
Qualitative Study ◽  
Health Care Professionals ◽  
Information Needs ◽  
Medical Assistance ◽  
The Public ◽  
Medical Assistance In Dying

scholarly journals Judges and Religious-Based Reasoning: A Response to Ginn and Blaikie

2012 ◽  
Vol 21 (1) ◽  
pp. 15 ◽  
Author(s):  
Sarah E Hamill
Keyword(s):  
Public Sphere ◽  
Supreme Court ◽  
Recent Article ◽  
Religious Discourse ◽  
Religious Practices ◽  
Supreme Court Of Canada ◽  
The Public ◽  
Public Square ◽  
The Supreme Court ◽  
The Public Sphere

The Canadian jurisprudence on freedom of religion has tended to focus on the accommodation of religious practices rather than exploring the constitutionality of judicial reliance on religious-based reasoning. A recent article by Diana Ginn and David Blaikie seeks to argue that, in certain circumstances and under certain conditions, it would be acceptable for judges to rely on religious-based reasons in their judgments.  Ginn and Blaikie see their recent article as being a continuation of sorts to their earlier piece, "Religious Discourse in the Public Square." While I found their earlier piece to be a persuasive defence of the use of religious-based reasoning in the public sphere, I have serious doubts over the constitutionality and applicability of their argument with regard to judges. It is the purpose of this paper to refute Ginn and Blaikie’s argument and to show that, in Canada, the use of religious-based reasons by judges is likely precluded by decisions of the Supreme Court of Canada. 

scholarly journals LÍMITES AL DERECHO DE ASISTENCIA SANITARIA TRANSFRONTERIZA Y PRINCIPIO DE PROPORCIONALIDAD TRAS LA SENTENCIA DEL TJUE DE 23 DE SEPTIEMBRE DE 2020.

2020 ◽  
Vol 5 (2) ◽  
pp. 374-399
Author(s):  
Belén López Insua
Keyword(s):  
Health Care ◽  
European Union ◽  
The European Union ◽  
Quality Healthcare ◽  
Right To Health Care ◽  
The Public ◽  
The Public Sphere ◽  
The Right ◽  
To Receive ◽  
Community Health Care System

Health protection is one of the fundamental pillars of the European Union and of the process of social-democratic constitutionalism. The achievement of a Community health care system is now more than ever one of the great challenges for the European community. In spite of these objectives, the European Union has adopted a logic that relies more on an interventionist model than on simple coordination, rather than on a harmonised system for all Member States. Unfortunately, this particular cooperative pluralism has made each of the Community countries competent and responsible for the coordination rules laid down by the Union. In this sense, Directive 2011/24/EU is set as the reference standard to guarantee the right of all European citizens to receive safe and quality healthcare, both in the public sphere and in the private sphere of another Member State. The aim is to guarantee the freedom of movement and movement of persons without damaging health. Today, the right to health care is a fundamental social right of a primary nature, which is linked to the right to life and dignity.

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