Medicine, Law & Society最新文献_第2页

On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution 论现行医生职业责任中医患调解立法制度的不足。对波兰方案的批判性分析

Medicine, Law & Society Pub Date : 2023-04-28 DOI: 10.18690/mls.16.1.25-54.2023

Dominika Bek, J. Hanc

{"title":"On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution","authors":"Dominika Bek, J. Hanc","doi":"10.18690/mls.16.1.25-54.2023","DOIUrl":"https://doi.org/10.18690/mls.16.1.25-54.2023","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000The article presents a critical opinion on physician- patient mediation conducted in the context of proceedings on the professional liability of physicians. The starting point is the Act on Medical Chambers, which provides for the possibility of conducting a mediation between the accused physician and the aggrieved patient. This regulation is unique in the region. Its specific measures, such as, for example, the choice of a mediator among physicians, have undergone a critical assessment in the literature. As a rule, the need for the functioning of mediation in the context of professional liability is not called into question. However, a thorough analysis of the assumptions of mediation and restorative justice and the function of professional liability of physicians suggests going a step further. Although the physician-patient conflict certainly requires conciliatory solutions, it seems that the disciplinary regime does not provide an adequate foundation for agreement because it is unable to secure the aggrieved person’s interests. \u0000 \u0000 \u0000 \u0000","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116113732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

No Way Out for Climate Refugees’ Asylum Applications in Court Decisions and Conventions 气候难民的庇护申请在法院判决和公约中没有出路

Medicine, Law & Society Pub Date : 2023-04-28 DOI: 10.18690/mls.16.1.55-86.2023

Nuray Ekşi

{"title":"No Way Out for Climate Refugees’ Asylum Applications in Court Decisions and Conventions","authors":"Nuray Ekşi","doi":"10.18690/mls.16.1.55-86.2023","DOIUrl":"https://doi.org/10.18690/mls.16.1.55-86.2023","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000One major consequence of climate change is the migration problem caused by internal and international displacement of people due to environmental disasters. The cross-border effects of climate-induced displacement have naturally sparked novel debates in the field of refugee law, and has created a group of people commonly called ‘climate refugees’. Climate refugees do not necessarily fall within the definition of ‘refugee’ under the 1951 Geneva Convention. While certain states and international organisations, including the UN, approach the situation of climate refugees solely from a security point of view, others see these people as victims of climate-induced disasters. No country is truly willing to share the burden caused by the climate-induced mass migration or address the full extent of this major phenomenon. Moreover, the international agreements on which they base their asylum claims fail to adequately address the circumstances surrounding their requests. Differing opinions have been expressed in academia as to the appropriate protection mechanisms and assistance that can be provided to climate refugees. In article, we explain the differences between the conventional refugees and climate refugees, discuss the reasons why the existing international conventions fail to protect climate refugees, and highlight the proposed solutions for the protection of such refugees. \u0000 \u0000 \u0000 \u0000","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125772265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Dilemmas About Mandatory Childhood Vaccination in Europe 欧洲强制性儿童疫苗接种的法律困境

Medicine, Law & Society Pub Date : 2023-04-28 DOI: 10.18690/mls.16.1.123-148.2023

S. Czechowicz, R. Kubiak

{"title":"Legal Dilemmas About Mandatory Childhood Vaccination in Europe","authors":"S. Czechowicz, R. Kubiak","doi":"10.18690/mls.16.1.123-148.2023","DOIUrl":"https://doi.org/10.18690/mls.16.1.123-148.2023","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000Compulsory childhood and adolescent vaccination are a controversial issue in the public arena. They also pose a challenge on the ground of legal sciences. This article is devoted to a dogmatic-legal analysis of the type of legally protected goods that are restricted in connection with mandatory vaccination (among others: the right to respect for private and family life, personal freedom, the right to self- determination) and those values that vaccination is in principle supposed to protect (public health, life, and health of children). The article analyses in detail the ruling of the European Court of Human Rights, which seems to be a breakthrough. On the one hand, it ends the dispute pending before the Court and, on the other, it opens the field for further discussion on the essence of mandatory vaccinations. The research has been carried out by using the dogmatic-legal method, the method of analysis and criticism of literature, the method of analysis of case law and the statistical method. In the presented research results, reports and statistical data of international bodies concerning the level of vaccination among children and adolescents in Europe were used. \u0000 \u0000 \u0000 \u0000","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127743578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Professional Qualifications Recognition of Doctors in the EU: A Perspective of EU Citizens and Third-Country Nationals 欧盟医生的专业资格认可:欧盟公民和第三国国民的视角

Medicine, Law & Society Pub Date : 2023-04-28 DOI: 10.18690/mls.16.1.149-168.2023

Živa Šuta, Karmen Pišek Šuta

{"title":"Professional Qualifications Recognition of Doctors in the EU: A Perspective of EU Citizens and Third-Country Nationals","authors":"Živa Šuta, Karmen Pišek Šuta","doi":"10.18690/mls.16.1.149-168.2023","DOIUrl":"https://doi.org/10.18690/mls.16.1.149-168.2023","url":null,"abstract":"\u0000 \u0000 \u0000 \u0000This article explores the applicable rules in the context of professional qualifications recognition of doctors in the EU. In the pursuit of this examination, it focuses on two groups of individuals, namely EU citizens and third-country nationals, and differentiates between qualifications obtained in the EU and qualifications obtained outside EU. While EU citizens are generally free to pursue their medical profession in any EU Member State, third-country nationals experience difficulties in the recognition of their professional qualifications as they fall outside the scope of specific rules on professional qualifications recognition and do not enjoy free movement rights. The assessment of the applicable rules is followed by a conclusion that the EU citizens are protected under the EU legal framework for the recognition of professional qualifications, however, the legal framework for the recognition of foreign professional qualifications is still absent and depends largely upon general rules applicable to third-country nationals willing to settle and work in the EU. \u0000 \u0000 \u0000 \u0000","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131751999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

National Determinants of Health: A Cross-National Aggregate Analysis 国家健康决定因素:一项跨国综合分析

Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.241-252.2022

David Schultz

{"title":"National Determinants of Health: A Cross-National Aggregate Analysis","authors":"David Schultz","doi":"10.18690/mls.15.2.241-252.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.241-252.2022","url":null,"abstract":"Research indicates that many factors impact individual health. These factors include genetics, lifestyle choices, and access to health care or health care insurance. Some of these factors are beyond the control of individuals, such as genetics or congenital circumstances. In addition, some factors, although beyond individual control, are certainly malleable, such as public policy choices made by governmental bodies. This article undertakes a preliminary analysis to assess macro national variables that impact individual health. It amasses a cross-national aggregate database of key indicators of health and compares them to macro “environmental” variables to assess the impact they globally have on health. The goal here is to determine what impact, if any, factors not traditionally thought of as health-related impact the well-being of individuals. The conclusion is that the political structure of a state, along with several policies related to crime, pollution, and ethnic conflict can impact health. The implication of research is that many policies generally thought to be exogenous to health can actually impact it and therefore states need to think more broadly beyond simply access to health care or insurance in seeking to improve the health and well-being of its people.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116452755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Rights of Accused and Victim against Media Victimization: a Critical Examination 被告和受害者对媒体侵害的权利:一个批判性的审视

Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.357-384.2022

Deepti Khubalkar, Shilpa Sharma, Sukhvinder Singh Dari

{"title":"Rights of Accused and Victim against Media Victimization: a Critical Examination","authors":"Deepti Khubalkar, Shilpa Sharma, Sukhvinder Singh Dari","doi":"10.18690/mls.15.2.357-384.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.357-384.2022","url":null,"abstract":"With the advent of technology and communication media, it is now possible to gather and integrate data via a digital medium. Data sharing without authorization via electronic media is referred to as a breach of digital privacy. The right to privacy is a human right that is guaranteed by law in nearly every country and has been extended to those who are under trial/ accused. At the same time, the press, including digital media, has the right to freedom of expression. This paper examines the unwarranted intervention of digital media in the personal lives of both the victim and the accused. Inquisitorial as well as adversarial models of judicial process presume the accused innocent until guilt is proven after following the due process of law. This paper investigate the unrestrained and irresponsible publication of news and posts that violate a person's data privacy and available remedies in the law when rights to privacy are breached. It also comparatively examine privacy laws and legal remedies in the United States, the United Kingdom, and India, and make appropriate recommendations. Study of this paper reveals that in the wake of rising interferences by media, there is no specific statute providing protections.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126477109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Upper Limit: An Essay on Mental Integrity and Mental Enhancement 上限:论心理完整与心理提升

Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.217-240.2022

Henrique Manuel Gil Martins

{"title":"The Upper Limit: An Essay on Mental Integrity and Mental Enhancement","authors":"Henrique Manuel Gil Martins","doi":"10.18690/mls.15.2.217-240.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.217-240.2022","url":null,"abstract":"Brain Computer Interface (BCI) technology is currently used for therapeutic ends but can also be used for enhancing human mental capacities. This essay focuses on non-therapeutic enhancements to human mental capacities using BCI. Being a digital tool, BCI increasingly embeds artificial intelligence. The primary focus is on Digital Direct Mental Enhancements (DDME) situations where the brain is physically connected to a computer and in particular the cognitive functions are targeted. If there is to be an impact on mental capacities, a BCI is always a breach of physical, and potentially also of mental integrity. If we entertain the idea that to have mental integrity is to attain the highest possible level of cognitive capacity, when compared with other humans, then mental enhancement per se could be a way to ensure such integrity rather than only as something that poses a threat to it. The upper limit (of our mental capacities) is at the core of any serious enhancement discussion. A better theory of “mental integrity” is needed to deeply tackle the challenges and potential opportunities posed by novel BCI and their capacity to offer humans not only restorative solutions but also true enhancements of mental capacities.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121648193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Compensatory Liability of Healthcare Professionals in the Criminal Offense of Unconscious Treatment in the Republic of Croatia 克罗地亚共和国医疗保健专业人员在无意识治疗刑事犯罪中的赔偿责任

Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.305-338.2022

Mijo Galiot, Vanesa Brizić Bahun

{"title":"Compensatory Liability of Healthcare Professionals in the Criminal Offense of Unconscious Treatment in the Republic of Croatia","authors":"Mijo Galiot, Vanesa Brizić Bahun","doi":"10.18690/mls.15.2.305-338.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.305-338.2022","url":null,"abstract":"The authors analyze the issue of the availability and effectiveness of a legal mechanism for resolving the consequences of injuries in health care, so the focus of the paper is primarily the liability of healthcare professionals, as patients are guaranteed, among other rights, the right to compensation for medical intervention. As liability for damages can be decided not only in civil (litigation) proceedings but also in adhesion proceedings associated with criminal proceedings conducted for the criminal offense of negligent treatment, the basic term of medical error is defined, pointing out the basic features of the criminal offense of negligent treatment with emphasis on the issue of the responsible person and their guilt. The founding assumptions of liability for damages are also presented, with an emphasis on the same issues in both litigation and adhesion proceedings. Furthermore, with regard to the setout provisions and general principles, the effectiveness of the compensatory claim in the criminal offense of negligent treatment is analyzed, and at the same time several specific issues are addressed and suggestions for possible solutions are given.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130659688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Limits of (Im)Mortality - Reflections on the Right to Die in the Context of the Transhumanist Vision of the Future Human 死亡的极限——在未来人类的超人类主义愿景背景下对死亡权利的反思

Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.271-286.2022

Aleksandra Nowak-Gruca

引用次数: 0

A Multidisciplinary Approach to Health Prevention with the Emphasis on Multimorbidity in Post Conflict Serbia – Results of the Qualitative Research 多学科的方法，以卫生预防与强调多病在冲突后塞尔维亚-定性研究的结果

Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.253-270.2022

A. Mladenović, Branka Matijević, Marta Sjenicic

{"title":"A Multidisciplinary Approach to Health Prevention with the Emphasis on Multimorbidity in Post Conflict Serbia – Results of the Qualitative Research","authors":"A. Mladenović, Branka Matijević, Marta Sjenicic","doi":"10.18690/mls.15.2.253-270.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.253-270.2022","url":null,"abstract":"In the period 2019-2021, the Serbian team (consisted form representatives of the Institute for Biological Research \"Siniša Stanković\", Institute of Public Health of Serbia \"Dr Milan Jovanović Batut\", Environmental Protection Agency, the Medical Faculty in Belgrade, Ministry of Health and the Institute of Social Sciences) conducted the research project on health prevention and multimorbidity in post conflict Serbia. Objective was to understand the perception of relevant actors about possible risk factors (environmental, behavioral, and socio-economic) for the occurrence of multimorbidity. Methodology applied in qualitative research was focus groups and interviews with the sampled population group representatives. Target population was health professionals, health providers’ and local municipalities’ management. The purposes of the research were: 1) insight into the main multimorbidity factors through the prism of stakeholders on the local level; 2) drafting recommendations on changing regulation and practice in public health prevention measures. Results of the research show that there is an agreement in the stakeholder perception that multimorbidity in Serbia is increasing and that preventive measures should be strengthened. All groups of predictors (environmental, behavioral, and socio-economic) are perceived as of equal importance. The research was the basis for development of the legislative and systemic recommendations.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132190540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Medicine, Law &amp; Society最新文献

Medicine, Law & Society最新文献