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Domestic Violence During the COVID-19 Pandemic – Analysis of Legal Solutions Adopted by Selected European Countries 2019冠状病毒病大流行期间的家庭暴力——部分欧洲国家采取的法律解决方案分析
IF 0.2
MEDICINE AND LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.95-118.2021
Monika Wilanowska
{"title":"Domestic Violence During the COVID-19 Pandemic – Analysis of Legal Solutions Adopted by Selected European Countries","authors":"Monika Wilanowska","doi":"10.18690/MLS.14.1.95-118.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.95-118.2021","url":null,"abstract":"Domestic violence imposes a serious threat to the safety of both individuals and society in general Experiencing domestic violence adversely affects the lives and health of victims in a particularly severe way Reports provided by states and organisations demonstrate that domestic violence has increased during the COVID-19 pandemic Governmental restrictions aimed at stopping the spread of the SARS-CoV-2 virus have had a negative impact on the victims of domestic violence, limiting their ability to benefit from the institutional support guaranteed by existing laws An analysis of the domestic violence prevention solutions implemented by selected European countries during the COVID-19 pandemic leads to the conclusion that states were not prepared for the social impact of the introduced restrictions, such as an increase in domestic violence cases Their measures mainly consist of establishing instructions for the functioning of certain institutions or guaranteeing the possibility of using the forms of assistance provided The legal solutions that many European legislators have enacted are insufficient No comprehensive strategies have been introduced to prevent this problem during the pandemic","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"20 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78002341","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: 1
Legal Guarantees for the Protection of Public Health Against the Spread of Infectious Diseases - New Challenges and Threats 保护公众健康免受传染病传播的法律保障——新的挑战和威胁
IF 0.2
MEDICINE AND LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.77-94.2021
S. Czechowicz
{"title":"Legal Guarantees for the Protection of Public Health Against the Spread of Infectious Diseases - New Challenges and Threats","authors":"S. Czechowicz","doi":"10.18690/MLS.14.1.77-94.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.77-94.2021","url":null,"abstract":"Public health is considered a social value Effective laws are critical to achieving high levels of public health The legislature faces many challenges in protecting human life and health The COVID-19 pandemic is the best evidence of this Effective prevention of infectious diseases and epidemic threats should not escape the legislature's attention Both preventive measures and effective fight against already existing threats are essential for their elimination This work presents the results of research on the doctrine of public health and the legal guarantees of its protection The paper presents the most recent threats to human life and health associated with the spread of infectious diseases The paper also presents the results of statistical research on the effectiveness of the fight against the spread of infectious diseases","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"57 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82088578","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: 1
The, Of, For, In The Use of Amicable Settlement for Resolving Medical Malparctice in Indonesia 在印度尼西亚，使用友好解决办法解决医疗事故的利弊
IF 0.2
MEDICINE AND LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.119-134.2021
M. Susila
{"title":"The, Of, For, In The Use of Amicable Settlement for Resolving Medical Malparctice in Indonesia","authors":"M. Susila","doi":"10.18690/MLS.14.1.119-134.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.119-134.2021","url":null,"abstract":"Massive publicity on alleged medical malpractice cases has created hostile environment within the health care setting in Indonesia. The unexpected practice of defensive medicine would be possible in response to the rise of medical malpractice litigation. Although it has many negative implications, litigating medical malpractice dispute is preferable for many injured patients. Dispute resolution mechanisms should be introduced and promoted in Indonesia as an alternative to the litigation process with hope of providing redress to victims of medical malpractice in a more amicable manner. This paper aims at exploring the use of amicable settlement method for resolving medical malpractice disputes in Indonesia.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"103 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78036111","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 Importance of labeling products with a GMO or non-GMO label 给产品贴上转基因或非转基因标签的重要性
IF 0.2
MEDICINE AND LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.43-76.2021
Katja Meško Kuralt
{"title":"The Importance of labeling products with a GMO or non-GMO label","authors":"Katja Meško Kuralt","doi":"10.18690/MLS.14.1.43-76.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.43-76.2021","url":null,"abstract":"The article is based on publicly available data, namely on European legislation and on publicly available instructions or recommendations/guidelines dealing with the field of GMO labelling in Slovenia. Using a comparative research method, the importance of labelling GMO-free products and GMO-labelled products was analysed. The analysis is based on a comparison of the basic terms with each other (i.e., GMO-labelled products, non-GMO-labelled products), based on a review of the legal definition of the terms and based on control over the use of the terms. The purpose of this paper is to define an important difference between the two concepts, which is hidden and (or) not defined for most consumers.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"8 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79668009","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: 1
Can a patient’s death go unpunished? 病人的死亡能不受惩罚吗?
IF 0.2
MEDICINE AND LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.135-152.2021
Dominika Bek, J. Hanc
{"title":"Can a patient’s death go unpunished?","authors":"Dominika Bek, J. Hanc","doi":"10.18690/MLS.14.1.135-152.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.135-152.2021","url":null,"abstract":"A medical error resulting in a patient’s death is one of the most difficult experiences in the professional practice of medical personnel. A healthcare professional faces the suffering and grievances of the deceased patient's relatives and, at the same time, the prospect of legal liability including a criminal penalty and prohibition from practising a profession. This article attempts to address the issue of the necessity and usefulness of applying such far-reaching consequences in all cases of the patient's death caused through a fault attributable to a healthcare professional. It argues for the widest possible use of mediation in cases of medical error, in particular in criminal law cases. It focuses on reasonable expectations of the deceased patient’s family and the need for the improvement of standards of health protection in similar cases. This perspective makes it possible to conclude that a criminal penalty for the perpetrator of an error is not always in the public interest. \u0000As regards the possibility of using mediation in cases involving a medical error, this article refers to the Polish normative tradition, although the dilemma highlighted in its title is certainly of a universal and transnational nature.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76142229","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: 1
Social Marketing Challenges in Western Balkans: Evidence From Kosovo 西巴尔干地区的社会营销挑战:来自科索沃的证据
IF 0.2
MEDICINE AND LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.153-172.202
Visar Rrustemi, D. Mladenović, Gezim Jusufi
{"title":"Social Marketing Challenges in Western Balkans: Evidence From Kosovo","authors":"Visar Rrustemi, D. Mladenović, Gezim Jusufi","doi":"10.18690/MLS.14.1.153-172.202","DOIUrl":"https://doi.org/10.18690/MLS.14.1.153-172.202","url":null,"abstract":"In a global world, doing business in heavy industry is becoming a concern to the environment. The need for production, export, and consumption under these circumstances has come as a challenge for marketers, consumers and surrounding residential population. The Western Balkan countries include Albania, Bosnia and Herzegovina, North Macedonia, Serbia, Montenegro and Kosovo. Kosovo has witnessed a considerable economic transformation during recent years, but is has fallen short of considering and implementing a strategy for the preservation of the environment. Kosovo is relatively rich with underground and surface resources, having large quantities of minerals and coal. But despite this, Kosovo continues to be the most underdeveloped country in the region. Exploiting these resources can have a great impact on economic growth and with it, consumer needs are more satisfied. Social marketing has a major impact on the activities of businesses in these areas and ensures that these businesses operate in accordance with certain rules and laws. This would also help in matters of general health of the population. Through Pearson's correlation and case studies, recommendations and conclusions will be given on the studied topic. The results show that there are positive and negative relationships between the variables which are significant.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"18 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76596191","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
Vaccines Immunize People; Legislation Immunizes Vaccine Manufacturers. Legislation in the United States Regulating Liability for the Manufacture, Distribution and Administration of Vaccines 疫苗使人免疫;立法使疫苗制造商免疫。美国规范疫苗生产、销售和管理责任的立法
IF 0.2
MEDICINE AND LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.1-42.2021
T. Heller
{"title":"Vaccines Immunize People; Legislation Immunizes Vaccine Manufacturers. Legislation in the United States Regulating Liability for the Manufacture, Distribution and Administration of Vaccines","authors":"T. Heller","doi":"10.18690/MLS.14.1.1-42.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.1-42.2021","url":null,"abstract":"Infectious diseases have caused widespread misery, and have wreaked havoc physically, mentally, economically, politically, and socially. Fortunately, in more recent years, scientists have developed vaccines. Vaccines are generally very safe, but cause side effects in a small percentage of cases. The United States Congress has passed two major pieces of legislation that provide sweeping tort immunity to vaccine manufacturers and others. In 1986 Congress passed the National Childhood Vaccine Injury Act (NCVIA) and in 2005 it passed the Public Readiness and Emergency Preparedness Act (PREP ACT). Both Acts were passed to encourage manufacturers to develop vaccines, particularly in times of public emergencies, in exchange for expansive liability protection. Both Acts established no-fault type compensation schemes to compensate those suffering injury or death from vaccines without having to resort to typical litigation. The author discusses both Acts in detail, in the context of the current Covid-19 crisis.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"31 1","pages":"1-42"},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81675311","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 Standards of Proof in Medical Malpractice Cases 医疗事故案件的举证标准
IF 0.2
MEDICINE AND LAW Pub Date : 2020-10-29 DOI: 10.18690/mls.13.2.173-196.2020
Nina Cek
{"title":"The Standards of Proof in Medical Malpractice Cases","authors":"Nina Cek","doi":"10.18690/mls.13.2.173-196.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.173-196.2020","url":null,"abstract":"The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"79 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90504407","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
Salaries of Healthcare Professionals in the Republic of Croatia 克罗地亚共和国保健专业人员的工资
IF 0.2
MEDICINE AND LAW Pub Date : 2020-10-29 DOI: 10.18690/mls.13.2.105-122.2020
Ante Klarić, Marina Švaganović, M. Cvitković
{"title":"Salaries of Healthcare Professionals in the Republic of Croatia","authors":"Ante Klarić, Marina Švaganović, M. Cvitković","doi":"10.18690/mls.13.2.105-122.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.105-122.2020","url":null,"abstract":"Salaries of healthcare professionals in the Republic of Croatia are regulated by a series of laws and regulations. A series of regulations defining the salaries and substantive rights of healthcare professionals cannot provide a clear, uniform and complete approach to regulating the subject matter of the law. In addition to the aforementioned issues of employment status, healthcare professionals originate from a standard that is similar and common to all public servants. In doing so, the legislature does not differentiate between a healthcare professional and his profession from an activity that deals with the protection of fundamental human values: the life and health of the individual. It is these core values that should inform not only governmental regulation of salaries and wages but also all other substantive rights, as a pledge for the smooth performance of such a highly responsible service through a clear, unambiguous and norm to precise them.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"23 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76253173","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 Constitutional Right to Health Protection in Belarus 白俄罗斯宪法规定的健康保护权
IF 0.2
MEDICINE AND LAW Pub Date : 2020-10-29 DOI: 10.18690/mls.13.2.217-236.2020
A. Shupitskaya
{"title":"The Constitutional Right to Health Protection in Belarus","authors":"A. Shupitskaya","doi":"10.18690/mls.13.2.217-236.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.217-236.2020","url":null,"abstract":"The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"14 7","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72412323","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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