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From being a Eunuch (Hijra) to a Third Gender in India: a Socio-Legal Study on Gender Disability of Eunuchs 从印度的太监(海吉拉)到第三性别:对太监性别残疾的社会法律研究
Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.339-356.2022
Dr. Pyali Chatterjee
{"title":"From being a Eunuch (Hijra) to a Third Gender in India: a Socio-Legal Study on Gender Disability of Eunuchs","authors":"Dr. Pyali Chatterjee","doi":"10.18690/mls.15.2.339-356.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.339-356.2022","url":null,"abstract":"This paper will focus on the inequalities faced by the third gender (hijras) in India due to their disability, which is not even considered under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Their Disability is the core reason that people from third gender have faced discrimination in society since the British period. This paper also traces the transition phase of the third-gender in Indian history from being a hijra to a criminal and then to a thirdgender. A primary aim of this paper is to discuss the disability of the third gender which is the main cause of the plight being faced by them even presently. The researcher also highlights the fact that the disability faced by hijras is different from the physical and/or mental disability described in the Disability Act of India, and therefore, their medical conditions must be included in the Disability Act. The article concludes with a series of concrete steps that the Indian government should take to help ensure that the hijras are brought back into the mainstream of the society and to help obviate their longterm suffering and humiliation.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"63 5 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":"129750981","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
Comparative Review of Adoption in Croatia and Slovenia: Similarities, Differences and Efficiency 克罗地亚和斯洛文尼亚的收养比较:相似、差异和效率
Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.385-418.2022
M. Guštin
{"title":"Comparative Review of Adoption in Croatia and Slovenia: Similarities, Differences and Efficiency","authors":"M. Guštin","doi":"10.18690/mls.15.2.385-418.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.385-418.2022","url":null,"abstract":"The similarities between the adoption institute in Croatia and Slovenia are caused primarily by historical aspects. However, many contemporary links have influenced the regulation of the institute of adoption – Croatia and Slovenia are signatories of many international documents and are, at the European level, members of the Council of Europe and the European Union. The author gives a comparative overview of adoption according to the preconditions for adoption, required consents, legal effects, and procedural aspects. This paper also analyzes compliance with the revised 2008 European Convention on Adoption, which neither of the two countries has signed, although they almost fully accept its guidelines. In addition, the relevant cases against Croatia and Slovenia concerning adoptions decided by the European Court of Human Rights are analyzed, as well as the effects of these decisions on their legislation. To gain a more complete insight into the effectiveness of adoption, the paper also analyzes statistical data related to the adoption in Croatia and Slovenia.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"226 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":"134193300","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
Cyber (In)security of Personal Data and Information in Times of Digitization 数字化时代个人数据信息的网络安全
Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.287-304.2022
Miha Dvojmoč, Mojca Tancer Verboten
{"title":"Cyber (In)security of Personal Data and Information in Times of Digitization","authors":"Miha Dvojmoč, Mojca Tancer Verboten","doi":"10.18690/mls.15.2.287-304.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.287-304.2022","url":null,"abstract":"In an employment relationship, work and pay are no longer the only important aspects, as importance is increasingly shifting toward obligations concerning the protection of personal data and privacy arising from the prohibition of causing harm to the employer and the duty of loyalty to the employer. The article deals with the constitutionally protected right to privacy and the protection of personal data from the point of view of ensuring cyber security at the employer. The employer is obligated to protect the right to privacy by legal provisions, whereas from the point of view of ensuring the protection of privacy and information, the employer must protect, first and foremost, the personal data of employees. The main purpose of the legal protection of personal data is the lawful and fair processing of the personal data of individuals. Employers are thus facing an increasing number of risks related to the safety of employees and the security of business processes, and it is therefore important to establish comprehensive corporate security to ensure adequate security across all levels.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"61 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":"134368313","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: 3
The Global Environment of Vaccination Mandates 疫苗接种任务的全球环境
Medicine, Law & Society Pub Date : 2022-10-29 DOI: 10.18690/mls.15.2.193-216.2022
Brian Dean Abramson, Ashira Vantrees
{"title":"The Global Environment of Vaccination Mandates","authors":"Brian Dean Abramson, Ashira Vantrees","doi":"10.18690/mls.15.2.193-216.2022","DOIUrl":"https://doi.org/10.18690/mls.15.2.193-216.2022","url":null,"abstract":"The COVID-19 pandemic demonstrated how our global economy permits the quick spread of diseases and requires States to engage in a global response to effectively manage this spread. At the core of this response, is the individual State’s responses towards limiting the spread of viruses through vaccinations. However, due to diverse political, cultural, societal, and legal structures, States still do not have a uniform approach to responding to COVID-19. Thus, this article addresses the history of vaccines and the globalization of vaccine law during the COVID-19 pandemic, including the role of vaccination mandates. Moreover, this article discusses how State mandates to vaccination can be developed through legal and political means but also through cultural and societal structures. This article also addresses the impact of disinformation and misinformation in a State’s successful implementation and dissemination of vaccines. Lastly, this article briefly discusses the vaccine injury compensation system in select States and under the COVAX vaccination program.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"24 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":"132436781","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
Digital Transformation Of Legal Education 法律教育的数字化转型
Medicine, Law & Society Pub Date : 2022-04-26 DOI: 10.18690/mls.15.1.47-72.2022
Yuliya Kharitonova, Larisa Sannikova
{"title":"Digital Transformation Of Legal Education","authors":"Yuliya Kharitonova, Larisa Sannikova","doi":"10.18690/mls.15.1.47-72.2022","DOIUrl":"https://doi.org/10.18690/mls.15.1.47-72.2022","url":null,"abstract":"Employers and practicing lawyers face the challenges of digitalisation in society. Many lack enough experience and skills to work with digital technologies. To increase the competitiveness of their graduates, universities have established advanced training programmes related to digital technologies and law; however, a common approach has yet to be found. The development and implementation of the proposed Framework for the Digital Competence of Lawyers will assist in solving novel problems in the field of legal education. This framework should include general digital competencies for all legal professions. The use of computer or virtual simulators, demo versions of popular digital platforms, and LegalTech hackathons within the educational process has been proposed to improve the digital skills of law students, which will allow examining the essence of ongoing processes and better acquire theoretical knowledge about new technologies.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129292853","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
Cross-Border Provisional and Protective Measures for Preserving of Physician's Funds Subject to a Liability Claim in the EU 欧盟责任索赔下医生资金的跨境临时保护措施
Medicine, Law & Society Pub Date : 2022-04-26 DOI: 10.18690/mls.15.1.147-168.2022
Urška Kupec
{"title":"Cross-Border Provisional and Protective Measures for Preserving of Physician's Funds Subject to a Liability Claim in the EU","authors":"Urška Kupec","doi":"10.18690/mls.15.1.147-168.2022","DOIUrl":"https://doi.org/10.18690/mls.15.1.147-168.2022","url":null,"abstract":"Patients frequently opt for medical treatment outside the public health system. This means that the patient enters into a contract with an individual physician, which commits the physician to perform a medical procedure for the patient, and the patient undertakes to pay for this procedure. If the physician does not act with due diligence or does not achieve an outcome that they have explicitly committed to reach, a situation may arise where the patient has a monetary claim against the physician. If the physician does not repay the claim voluntarily, the patient has certain options available to ensure that their claim is forcibly repaid. In this paper, we deal with the position of the +patient as a creditor who does not yet have an enforceable title in relation to the physician and the debtor, and with a patient who already has such an enforceable title. The field of study is limited to the situation when Slovenian law applies for decision on the responsibility of a physician and patient wants to claim the funds that the physician has in bank accounts in the European Union.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117282175","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
Communicating about Healthcare Reform as Part of Good Governance During the Covid-19 Pandemic. Experiences from Finland and Poland 在2019冠状病毒病大流行期间，沟通医疗改革作为善治的一部分。芬兰和波兰的经验
Medicine, Law & Society Pub Date : 2022-04-26 DOI: 10.18690/mls.15.1.125-146.2022
Natalia Kohtamäki, Sebastian Sikorski
{"title":"Communicating about Healthcare Reform as Part of Good Governance During the Covid-19 Pandemic. Experiences from Finland and Poland","authors":"Natalia Kohtamäki, Sebastian Sikorski","doi":"10.18690/mls.15.1.125-146.2022","DOIUrl":"https://doi.org/10.18690/mls.15.1.125-146.2022","url":null,"abstract":"The right to information, understood as a citizen’s right of access to data used in the process of making and enforcing laws, is a natural component of democratic systems. In the rich societies of Western Europe, which for years have been supporting civic education, society consciously uses the right to information. It is the interaction of citizens with decision-makers among others in the process of public information flow that changes ordinary public governance into good governance. The authors refer to the contextual understanding of good governance within the framework of multi-level interactions at the level of central and local government. Good governance should be understood as the achievement of ‘public value’ – i.e., the shared needs of many citizens but within the context of innovation and the economic development of societies. Informing means strengthening trust in public authorities, which in democratic states should have nothing to hide (even in a crisis).","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128440485","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
Protection of Patient's Autonomy when Undergoing Therapeutic Procedures under the Polish Penal Code 根据波兰刑法保护病人在接受治疗程序时的自主权
Medicine, Law & Society Pub Date : 2022-04-26 DOI: 10.18690/mls.15.1.107-124.2022
Marek Mozgawa, Krzysztof Wala
{"title":"Protection of Patient's Autonomy when Undergoing Therapeutic Procedures under the Polish Penal Code","authors":"Marek Mozgawa, Krzysztof Wala","doi":"10.18690/mls.15.1.107-124.2022","DOIUrl":"https://doi.org/10.18690/mls.15.1.107-124.2022","url":null,"abstract":"This study addresses the issue of criminal liability for performing a therapeutic procedure without patient's consent under the Polish Penal Code of 1997 (Article 192 of the Penal Code). The authors analyse the statutory criteria of the prohibited act concerned. They emphasize the importance of the patient's consent to the legality of therapeutic procedures, and they highlight the situations in which such a procedure may be performed either without the consent or even contrary to the patient's will. The authors conclude that the existence of a separate provision protecting the autonomy of the patient's will deserves approval, although at the same time they advise the need for a certain correction to Article 192 § 1 PC, if only in terms of specifying the entity capable of committing that offence.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131223223","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 Aspect of Organ Donation after Death across Europe in Human Rights Context 在人权背景下，欧洲各地死后器官捐献的法律方面
Medicine, Law & Society Pub Date : 2022-04-26 DOI: 10.18690/mls.15.1.1-24.2022
Ilona Kiel-Puślecka, Mateusz Puślecki, Marek Dąbrowski, Bartłomiej Janyga, Bartłomiej Perek, Agnieszka Zawiejska
{"title":"Legal Aspect of Organ Donation after Death across Europe in Human Rights Context","authors":"Ilona Kiel-Puślecka, Mateusz Puślecki, Marek Dąbrowski, Bartłomiej Janyga, Bartłomiej Perek, Agnieszka Zawiejska","doi":"10.18690/mls.15.1.1-24.2022","DOIUrl":"https://doi.org/10.18690/mls.15.1.1-24.2022","url":null,"abstract":"Clinical transplantation has proven to be lifesaving methods since last century. Organ transplants is still subject to ethical evaluation through the prism of basic standards of medical ethics and social phenomena that are not morally neutral. Transplant medicine has a clear social character. It is not only a relationship between a doctor and a specific patient. Authors analyzed existing postmortal donation models in European countries and the most important documents in the European legislation in securing universal rights to freedom and human dignity in transplantation area and identified 15 universal documents valid in Council of Europe and the European Union. Universal legal documents of European law protect human donor right to self-determination and integrity. Postmortal donation in transplantation performed in accordance with the applicable legislation and in the utilitarian dimension does not violate human dignity and the natural right of a person to decide about themselves.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"187 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134222384","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
Digital Transformation as One of the Instruments for Overcoming the Public Health Crisis: The Role and Use of Ehealth Solutions during the Covid-19 Pandemic in Slovenia 数字化转型是克服公共卫生危机的手段之一:斯洛文尼亚2019冠状病毒病大流行期间电子卫生解决方案的作用和使用
Medicine, Law & Society Pub Date : 2022-04-26 DOI: 10.18690/mls.15.1.169-192.2022
Dalibor Stanimirović, Matjaž Drev, Živa Rant
{"title":"Digital Transformation as One of the Instruments for Overcoming the Public Health Crisis: The Role and Use of Ehealth Solutions during the Covid-19 Pandemic in Slovenia","authors":"Dalibor Stanimirović, Matjaž Drev, Živa Rant","doi":"10.18690/mls.15.1.169-192.2022","DOIUrl":"https://doi.org/10.18690/mls.15.1.169-192.2022","url":null,"abstract":"The comprehensive digital transformation of the Slovenian healthcare system and the use of national eHealth solutions would enable the citizens and healthcare professionals to access data and information relevant to highquality healthcare services, and healthcare managers to take evidence-based decisions and measures. This paper analyses the role and use of selected eHealth solutions during the Covid-19 pandemic in Slovenia. The pandemic has led to significant growth in interest in digital transformation processes and the use of eHealth solutions. It also breaks down the normative framework of eHealth and the compliance of eHealth solutions with the fundamental principles of information security and the General Data Protection Regulation. The study proceeded from a review of the literature, followed by discussions with experts engaged in managing eHealth solutions and an examination of current statistical data on the use of these solutions from administrator modules. The results of the study show that the Covid-19 pandemic could constitute a turning point in our understanding of digital transformation, which is becoming not only a key public health management instrument, but also an indispensable driver to further develop the healthcare system, and empower patients at times of national and international public health crises.","PeriodicalId":227174,"journal":{"name":"Medicine, Law & Society","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127462020","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
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