Should the United Nations Framework Convention on Climate Change recognize climate migrants?

NASA Astrophysics Data System (ADS)

Gibb, Christine; Ford, James

2012-12-01

Climate change is expected to increase migration flows, especially from socially and environmentally vulnerable populations. These ‘climate migrants’ do not have any official protection under international law, which has implications for the human security of migrants. This work argues that the United Nations Framework Convention on Climate Change (UNFCCC) can and should recognize climate migrants, and is the most relevant international framework for doing so. While not legally binding, the acknowledgment of climate displacement, migration and planned relocation issues in the UNFCCC’s Cancun Adaptation Framework indicates a willingness to address the issue through an adaptation lens. Herein, the paper proposes a framework for setting the institutional groundwork for recognizing climate migrants, focusing on the most vulnerable, promoting targeted research and policy agendas, and situating policies within a comprehensive strategy.

[The 20th century legal framework regarding risk at work and occupational health in Colombia].

PubMed

Arango-Soler, Juan M; Luna-García, Jairo E; Correa-Moreno, Yerson A; Campos, Adriana C

2013-01-01

Analyzing the 20th century Colombian legal framework from the point of view of labor law, social security and public health for identifying concepts regarding occupational health and professional risk and trying to establish convergence and differences between such foci and whether they fulfilled a complementary view. This work involved documentary research by means of thematic categorical analysis of the laws and statutes promulgated in 20th century Colombia, considering the main element or entity which should have regulated that related to professional risk or occupational health. The development of the 20th century Colombian legal framework regarding health at work was periodized, revealing the predominance of a view of social law focused on protecting dependent workers' work-related risks, as part of a tendency extending to the Colombian Sistema General de Riesgos Laborales. The proposed stages used for organizing the legal framework concerning social security regarding professional risk and occupational health facilitated some important elements being recognized concerning the social, legal and institutional context from which workers' health laws emerged. Tension was noted concerning statutes orientated towards redress and compensation regarding accidents at work and legislation emphasizing prevention.

Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

PubMed

Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

2016-01-12

Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons

[Individual rights vs public health in the fight against contagious diseases: proposals to improve the current legal framework].

PubMed

Salamero Teixidó, Laura

2016-11-01

The public health protection constitutional mandate requires public powers to protect the population from contagious diseases. This requires a legal framework that both protects public health effectively and respects individual rights and freedoms that could be undermined by the public administrations. This article analyses, from a legal perspective, the current legal framework regulating the adoption of health measures to protect public health against contagious diseases. It argues that current regulations generate legal uncertainty on the basis of the wide range of discretionary powers they give to the public administration and the lack of provisions for limiting these powers. As a result, the guarantee mechanisms (primarily judicial consent) only weakly protect the rights and freedoms of the citizens affected by health measures. To conclude, the article proposes several amendments to improve public health regulations related to contagious diseases. The purpose is to render a legal framework that offers more legal certainty, in which it is possible to protect individual rights and freedoms when measures are adopted, without sacrificing the effective protection of public health. Copyright © 2016 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

[Legal framework and strategy of the tobacco industry in relation to tobacco advertising in Spain].

PubMed

Elder, J; Cortés Blanco, M; Sarriá Santamera, A

2000-01-01

Publicity is legally regulated in Spain, in order to avoid its misuse. Tobacco publicity is also under those regulation, having had the companies operating in this sector to adapt themselves through new strategies. In this work, the legal restrictions existing in Spain regarding publicity are analyzed, together with some of the strategies developed by tobacco companies in order to elude them. In this sense, and despite of the existing legal framework, it should be noticed that tobacco companies are cleverly taking advantage of the existence of legal loopholes in tobacco publicity to promote their products.

Legal responses to HIV and AIDS: lessons from Swaziland.

PubMed

Shongwe, Musa N

2017-12-01

Since 1999, the HIV and AIDS epidemic in Swaziland has been declared a national disaster, and today HIV and AIDS still pose a great threat to the survival and development of Swaziland and its people. The impact of the pandemic necessitated a multi-faceted response from the government. This paper critically evaluates the Swaziland legal response to HIV and AIDS. The objective is to assess whether and to what extent Swazi law addresses human rights issues related to HIV and AIDS. Through the application of a human rights based theory, the paper analyses the domestication of Swaziland's treaty commitments, and the constitutional and the statutory frameworks. The paper advances the importance of "law" as a tool that can create an enabling environment for a national response to HIV and AIDS. It analyses how the government has successfully crafted the normative framework so as to make it responsive to the fight against HIV and AIDS, and the shortcomings of the Swaziland legal system in this fight. The paper argues that even though a credible legal and policy environment is in place, some laws still need to be supplemented, reviewed and amended so that the legal system adequately addresses the human rights issues related to HIV and AIDS. The paper suggests improvements to the legal system which mainly relate to aligning the legal framework with the Constitution of Swaziland and international conventions to which Swaziland is party.

Policy Brief: What is the Legal Framework for Automated Vehicles in Texas?

DOT National Transportation Integrated Search

2017-11-01

During the 85th Texas Legislature in 2017, Texas enacted a law related to automated vehicles. The bill, SB 2205, creates the legal framework for automated vehicle operation and testing in Texas. Although this law addresses a number of issues that can...

Ethical and legal framework and regulation for off-label use: European perspective.

PubMed

Lenk, Christian; Duttge, Gunnar

2014-01-01

For more than 20 years the off-label use of drugs has been an essential part of the ethical and legal considerations regarding the international regulation of drug licensing. Despite a number of regulatory initiatives in the European Union, there seems to remain a largely unsatisfactory situation following a number of critical descriptions and statements from actors in the field. The present article gives an overview of the ethical and legal framework and developments in European countries and identifies existing problems and possible pathways for solutions in this important regulatory area. In addition to the presentation of the ethical and legal foundations, some attention is given to criticisms from medical practitioners to the current handling of off-label drug use. The review also focuses on the situation confronted by patients and physicians when off-label prescriptions are necessary. Through legal descriptions from a number of countries, possible solutions for future discussion of European health care policy are selected and explained.

Geological repository for nuclear high level waste in France from feasibility to design within a legal framework

DOE Office of Scientific and Technical Information (OSTI.GOV)

Voizard, Patrice; Mayer, Stefan; Ouzounian, Gerald

Over the past 15 years, the French program on deep geologic disposal of high level and long-lived radioactive waste has benefited from a clear legal framework as the result of the December 30, 1991 French Waste Act. To fulfil its obligations stipulated in this law, ANDRA has submitted the 'Dossier 2005 Argile' (clay) and 'Dossier 2005 Granite' to the French Government. The first of those reports presents a concept for the underground disposal of nuclear waste at a specific clay site and focuses on a feasibility study. Knowledge of the host rock characteristics is based on the investigations carried outmore » at the Meuse/Haute Marne Underground Research Laboratory. The repository concept addresses various issues, the most important of which relates to the large amount of waste, the clay host rock and the reversibility requirement. This phase has ended upon review and evaluation of the 'Dossier 2005' made by different organisations including the National Review Board, the National Safety Authority and the NEA International Review Team. By passing the 'new', June 28, 2006 Planning Act on the sustainable management of radioactive materials and waste, the French parliament has further defined a clear legal framework for future work. This June 28 Planning Act thus sets a schedule and defines the objectives for the next phase of repository design in requesting the submission of a construction authorization application by 2015. The law calls for the repository program to be in a position to commission disposal installations by 2025. (authors)« less

Launching the Greek forensic DNA database. The legal framework and arising ethical issues.

PubMed

Voultsos, Polychronis; Njau, Samuel; Tairis, Nikolaos; Psaroulis, Dimitrios; Kovatsi, Leda

2011-11-01

Since the creation of the first national DNA database in Europe in 1995, many European countries have legislated laws for initiating and regulating their own databases. The Greek government legislated a law in 2008, by which the National DNA Database of Greece was founded and regulated. According to this law, only DNA profiles from convicted criminals were recorded. Nevertheless, a year later, in 2009, the law was amended to permit the creation of an expanded database including innocent people and children. Unfortunately, the new law is very vague in many aspects and does not respect the principle of proportionality. Therefore, according to our opinion, it will soon need to be re-amended. Furthermore, prior to legislating the new law, there was no debate with the community itself in order to clarify what system would best suit Greece and what the citizens would be willing to accept. We present the current legal framework in Greece, we highlight issues that need to be clarified and we discuss possible ethical issues that may arise. Copyright © 2010 Elsevier Ireland Ltd. All rights reserved.

K-12 access to internet: Securing the legal framework

NASA Astrophysics Data System (ADS)

Blauassociate, Andrew

1993-09-01

While many people in government, education, and industry have lauded the potential educational value of Internet access for students in grades K-12, there is as yet no legal or regulatory framework within which this new medium is being offered to students. The Communications Policy Forum, a nonpartisan project of the Electronic Frontier Foundation, recently convened a roundtable to discuss some of the legal issues that arise when K-12 schools provide Internet access to their students. Approximately 15 people, representing carriers who provide connections to the Internet, schools or school systems who are connected to the Internet, and legal experts with expertise in this and related areas, met to discuss questions of legal liability as this new medium enters an educational setting for minors. The following attempts to capture the major issues, suggestions, and directions for further collaborative efforts raised during the course of that discussion. In brief, the group identified statutory language aimed at other types of electronic communication that may offer some guidance; was briefed on a host of state laws that could be used to prosecute providers of certain materials found on the Internet; and concluded that there is no case law that clearly applies to this setting. The discussion revealed an interest in anticipating issues and developing responses before problems arose, and the need for shared approaches to allow carriers to move forward in serving and expanding this field. Members of the group offered to pursue these issues jointly and agreed upon a handful of concrete steps for further exploration and discussion.

The United Nations and Climate Change: Legal and Policy Developments

NASA Astrophysics Data System (ADS)

Bunn, Isabella D.

2009-07-01

The Secretary-General of the United Nations, Ban Ki-moon, has declared that climate change is "the defining challenge of our times." Climate change trends indicate increasingly severe negative impacts on the majority of countries, with disproportionate effects on poor and vulnerable populations. The scientific reports of the Intergovernmental Panel on Climate Change (IPCC), as well as the negotiations under the UN Framework Convention on Climate Change (UNFCCC), have placed the issue on the forefront of the international agenda. This article examines how climate change is shaping legal and policy developments in five key areas of UN responsibility: international law, humanitarian affairs, human rights, development, and peace and security. It concludes with some observations about high-level efforts to coordinate the response of multilateral institutions, the changing stance of the US government, and the role of environmental protection in addressing the current global economic crisis.

A proposed legal framework for addressing privacy for patient controlled health records in pediatrics.

PubMed

Bourgeois, Fabienne; Taylor, Patrick; Mandl, Kenneth

2006-01-01

Patient controlled health records(PCHRs) provide widespread and flexible access to integrated medical information. Unique legal challenges arise where the patient is a minor. Variations in laws and statutes concerning minor's rights to privacy and confidentiality, and institutions' local interpretations of them, need to be integrated in the principles governing PCHRs. We propose a legal framework to guide the development of access policies for PCHRs to ensure appropriate privacy and confidentiality protection surrounding minors.

Setting the stage for the EPOS ERIC: Integration of the legal, governance and financial framework

NASA Astrophysics Data System (ADS)

Atakan, Kuvvet; Bazin, Pierre-Louis; Bozzoli, Sabrina; Freda, Carmela; Giardini, Domenico; Hoffmann, Thomas; Kohler, Elisabeth; Kontkanen, Pirjo; Lauterjung, Jörn; Pedersen, Helle; Saleh, Kauzar; Sangianantoni, Agata

2017-04-01

EPOS - the European Plate Observing System - is the ESFRI infrastructure serving the need of the solid Earth science community at large. The EPOS mission is to create a single sustainable, and distributed infrastructure that integrates the diverse European Research Infrastructures for solid Earth science under a common framework. Thematic Core Services (TCS) and Integrated Core Services (Central Hub, ICS-C and Distributed, ICS-D) are key elements, together with NRIs (National Research Infrastructures), in the EPOS architecture. Following the preparatory phase, EPOS has initiated formal steps to adopt an ERIC legal framework (European Research Infrastructure Consortium). The statutory seat of EPOS will be in Rome, Italy, while the ICS-C will be jointly operated by France, UK and Denmark. The TCS planned so far cover: seismology, near-fault observatories, GNSS data and products, volcano observations, satellite data, geomagnetic observations, anthropogenic hazards, geological information modelling, multiscale laboratories and geo-energy test beds for low carbon energy. In the ERIC process, EPOS and all its services must achieve sustainability from a legal, governance, financial, and technical point of view, as well as full harmonization with national infrastructure roadmaps. As EPOS is a distributed infrastructure, the TCSs have to be linked to the future EPOS ERIC from legal and governance perspectives. For this purpose the TCSs have started to organize themselves as consortia and negotiate agreements to define the roles of the different actors in the consortium as well as their commitment to contribute to the EPOS activities. The link to the EPOS ERIC shall be made by service agreements of dedicated Service Providers. A common EPOS data policy has also been developed, based on the general principles of Open Access and paying careful attention to licensing issues, quality control, and intellectual property rights, which shall apply to the data, data products

A review of legal framework applicable for the management of healthcare waste and current management practices in Ethiopia.

PubMed

Haylamicheal, Israel Deneke; Desalegne, Solomon Akalu

2012-06-01

The management of healthcare waste (HCW) requires special attention due to the risk posed by the presence of hazardous waste. The first step towards this is the issuance of national legislation complemented by policy documents, regulations and technical guidelines. In Ethiopia there is no specific legislation for healthcare waste management (HCWM). However, there are various legislations which may provide a legal framework for the management of HCW. This review assesses the various legislations that are relevant to HCWM. It also looks into the institutional arrangements put in place and waste management practices that prevail in the country. It was found that, although the existing legislations have provisions that may provide a legal framework for the management of HCW in Ethiopia, they are not comprehensive and lack specificity in terms of defining hazardous HCW and its categories; in indicating legal obligations of healthcare facilities (HCFs) in handling, transporting, treating and disposing HCW, and record keeping and reporting. There is overlapping of mandates and lackof co-ordination among various government institutions that are responsible for HCWM. The HCWM practices also do not conform to the principles of waste management in general and HCWM in particular. Thus, to better manage HCW in Ethiopia, a specific and comprehensive legislation and policy document on HCWM with clear designation of responsibilities to various stakeholders should be issued immediately. Moreover, training and awareness raising activities on proper HCWM should be undertaken targeting medical staffs, HCF administrators, waste handlers, policy and decision makers and the general public.

The legal and ethical aspects of the right to health of migrants in Switzerland.

PubMed

Marks-Sultan, Géraldine; Kurt, Stefanie; Leyvraz, Didier; Sprumont, Dominique

The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.

[Psychiatric medication as restraint: between autonomy and protection, is there place for a legal framework?].

PubMed

Bernheim, Emmanuelle

2010-01-01

The use of chemical restraint has been regulated for the past ten years in Quebec. However, clinical, ethical and legal issues, sometimes contradictory, have not really been considered during the legislative process leading to consolidation in its current form. The author supports that, because of the absence of consent and the effects of medication, a specific legal framework to the use of medication is necessary in a context of unplanned intervention to protect both patients and medical staff. This framework would prescribe good practice, take into account the non-medical aspects of consent to care and formalize the practice as an exception to the rule. In addition, the symbolism of law, through which social solidarity can be expressed, must not be underestimated.

Implications of the ethical-legal framework for adolescent HIV vaccine trials--report of a consultative forum.

PubMed

Slack, Catherine; Strode, Ann; Grant, Catherine; Milford, Cecilia

2005-09-01

The ethical-legal framework in South Africa is in a period of transition, with a number of new developments changing the substantive principles and procedures for health research in the country. Some of the changing dynamics include both law reform and the review of ethical guidelines. This changing environment poses many complexities for researchers, research ethics committees and participating communities involved in planning, implementing and reviewing research with child participants, including HIV vaccine trials. This paper presents the major themes and outcomes of a consultative meeting convened by the HIV AIDS Vaccines Ethics Group in July 2004 for key stakeholder groups. At this forum participants discussed the complexities posed by a transitional and sometimes contradictory ethical-legal framework and how the framework could be improved to simultaneously promote critical research and the welfare of child participants.

Right to health: (in) congruence between the legal framework and the health system.

PubMed

Mitano, Fernando; Ventura, Carla Aparecida Arena; de Lima, Mônica Cristina Ribeiro Alexandre d'Auria; Balegamire, Juvenal Bazilashe; Palha, Pedro Fredemir

2016-01-01

to discuss the right to health, incorporation into the legal instruments and the deployment in practice in the National Health System in Mozambique. this is a documentary analysis of a qualitative nature, which after thorough and interpretative reading of the legal instruments and articles that deal with the right to health, access and universal coverage, resulted in the construction of three empirical categories: instruments of humans rights and their interrelationship with the development of the right to health; the national health system in Mozambique; gaps between theory and practice in the consolidation of the right to health in the country. Mozambique ratified several international and regional legal instruments (of Africa) that deal with the right to health and which are ensured in its Constitution. However, their incorporation into the National Health Service have been limited because it can not provide access and universal coverage to health services in an equitable manner throughout its territorial extension and in the different levels of care. the implementation of the right to health is complex and will require mobilization of the state and political financial, educational, technological, housing, sanitation and management actions, as well as ensuring access to health, and universal coverage.

International Legal Framework for Denuclearization and Nuclear Disarmament -- Present Situation and Prospects

DOE Office of Scientific and Technical Information (OSTI.GOV)

Gastelum, Zoe N.

This thesis is the culminating project for my participation in the OECD NEA International School of Nuclear Law. This paper will begin by providing a historical background to current disarmament and denuclearization treaties. This paper will discuss the current legal framework based on current and historical activities related to denuclearization and nuclear disarmament. Then, it will propose paths forward for the future efforts, and describe the necessary legal considerations. Each treaty or agreement will be examined in respect to its requirements for: 1) limitations and implementation; 2) and verification and monitoring. Then, lessons learned in each of the two areasmore » (limitations and verification) will be used to construct a proposed path forward at the end of this paper.« less

Right to health: (in) congruence between the legal framework and the health system

PubMed Central

Mitano, Fernando; Ventura, Carla Aparecida Arena; de Lima, Mônica Cristina Ribeiro Alexandre d'Auria; Balegamire, Juvenal Bazilashe; Palha, Pedro Fredemir

2016-01-01

Objective to discuss the right to health, incorporation into the legal instruments and the deployment in practice in the National Health System in Mozambique. Method this is a documentary analysis of a qualitative nature, which after thorough and interpretative reading of the legal instruments and articles that deal with the right to health, access and universal coverage, resulted in the construction of three empirical categories: instruments of humans rights and their interrelationship with the development of the right to health; the national health system in Mozambique; gaps between theory and practice in the consolidation of the right to health in the country. Results Mozambique ratified several international and regional legal instruments (of Africa) that deal with the right to health and which are ensured in its Constitution. However, their incorporation into the National Health Service have been limited because it can not provide access and universal coverage to health services in an equitable manner throughout its territorial extension and in the different levels of care. Conclusions the implementation of the right to health is complex and will require mobilization of the state and political financial, educational, technological, housing, sanitation and management actions, as well as ensuring access to health, and universal coverage. PMID:27027677

Weaponisation of Space - Some Legal Considerations

NASA Astrophysics Data System (ADS)

Jolly, C.

2002-01-01

This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

The legal framework for end-of-life decisions in the UK.

PubMed

Rennie, Janet M; Leigh, Bertie

2008-10-01

We have reviewed the current UK guidance regarding withholding and withdrawing life-prolonging treatment in the infant and termination of pregnancy for fetal malformation. We provide summaries of the key cases. The framework provided by professional bodies and the law in this difficult area stresses the importance of good and frequent communication between different professional groups and parents with early recourse to second opinions if a difference of view emerges. Legal proceedings should be used only as a last resort.

Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

NASA Astrophysics Data System (ADS)

Pelton, Joseph N.

1996-02-01

This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern

Developing a monitoring and evaluation framework to integrate and formalize the informal waste and recycling sector: the case of the Philippine National Framework Plan.

PubMed

Serrona, Kevin Roy B; Yu, Jeongsoo; Aguinaldo, Emelita; Florece, Leonardo M

2014-09-01

The Philippines has been making inroads in solid waste management with the enactment and implementation of the Republic Act 9003 or the Ecological Waste Management Act of 2000. Said legislation has had tremendous influence in terms of how the national and local government units confront the challenges of waste management in urban and rural areas using the reduce, reuse, recycle and recovery framework or 4Rs. One of the sectors needing assistance is the informal waste sector whose aspiration is legal recognition of their rank and integration of their waste recovery activities in mainstream waste management. To realize this, the Philippine National Solid Waste Management Commission initiated the formulation of the National Framework Plan for the Informal Waste Sector, which stipulates approaches, strategies and methodologies to concretely involve the said sector in different spheres of local waste management, such as collection, recycling and disposal. What needs to be fleshed out is the monitoring and evaluation component in order to gauge qualitative and quantitative achievements vis-a-vis the Framework Plan. In the process of providing an enabling environment for the informal waste sector, progress has to be monitored and verified qualitatively and quantitatively and measured against activities, outputs, objectives and goals. Using the Framework Plan as the reference, this article developed monitoring and evaluation indicators using the logical framework approach in project management. The primary objective is to institutionalize monitoring and evaluation, not just in informal waste sector plans, but in any waste management initiatives to ensure that envisaged goals are achieved. © The Author(s) 2014.

Identifying structural barriers to an effective HIV response: using the National Composite Policy Index data to evaluate the human rights, legal and policy environment.

PubMed

Gruskin, Sofia; Ferguson, Laura; Alfven, Tobias; Rugg, Deborah; Peersman, Greet

2013-04-26

Attention to the negative effects of structural barriers on HIV efforts is increasing. Reviewing national legal and policy environments with attention to the international human rights commitments of states is a means of assessing and providing focus for addressing these barriers to effective HIV responses. Law and policy data from the 171 countries reporting under the Declaration of Commitment from the 2001 United Nations General Assembly Special Session on HIV/AIDS were analyzed to assess attention to human rights in national legal and policy environments as relevant to the health and rights of key populations such as people who inject drugs, men who have sex with men and sex workers. Seventy-eight governments and civil society in 106 countries report the existence of laws and policies which present obstacles to accessing HIV services for key populations. Laws and policies which positively affect access to HIV-related services, in and of themselves constituting structural interventions, were also reported. The dissonance between laws and how this impacts the availability and use of HIV-related services deserve greater attention. Recognition of the harms inherent in laws that constitute structural barriers to effective HIV responses and the potential positive role that a supportive legal environment can play suggests the need for legal reform to ensure an enabling regulatory framework within which HIV services can be effectively delivered and used by the populations who need them. Moving beyond laws and policies, further efforts are required to determine how to capture information on the range of structural barriers. Teasing apart the impact of different barriers, as well as the structural interventions put in place to address them, remains complicated. Capturing the impact of policy and legal interventions can ultimately support governments and civil society to ensure the human rights of key populations are protected in national HIV responses.

Identifying structural barriers to an effective HIV response: using the National Composite Policy Index data to evaluate the human rights, legal and policy environment

PubMed Central

Gruskin, Sofia; Ferguson, Laura; Alfven, Tobias; Rugg, Deborah; Peersman, Greet

2013-01-01

Introduction Attention to the negative effects of structural barriers on HIV efforts is increasing. Reviewing national legal and policy environments with attention to the international human rights commitments of states is a means of assessing and providing focus for addressing these barriers to effective HIV responses. Methods Law and policy data from the 171 countries reporting under the Declaration of Commitment from the 2001 United Nations General Assembly Special Session on HIV/AIDS were analyzed to assess attention to human rights in national legal and policy environments as relevant to the health and rights of key populations such as people who inject drugs, men who have sex with men and sex workers. Results Seventy-eight governments and civil society in 106 countries report the existence of laws and policies which present obstacles to accessing HIV services for key populations. Laws and policies which positively affect access to HIV-related services, in and of themselves constituting structural interventions, were also reported. The dissonance between laws and how this impacts the availability and use of HIV-related services deserve greater attention. Conclusions Recognition of the harms inherent in laws that constitute structural barriers to effective HIV responses and the potential positive role that a supportive legal environment can play suggests the need for legal reform to ensure an enabling regulatory framework within which HIV services can be effectively delivered and used by the populations who need them. Moving beyond laws and policies, further efforts are required to determine how to capture information on the range of structural barriers. Teasing apart the impact of different barriers, as well as the structural interventions put in place to address them, remains complicated. Capturing the impact of policy and legal interventions can ultimately support governments and civil society to ensure the human rights of key populations are protected in

Examining National Public Health Law to Realize the Global Health Security Agenda.

PubMed

Meier, Benjamin Mason; Tureski, Kara; Bockh, Emily; Carr, Derek; Ayala, Ana; Roberts, Anna; Cloud, Lindsay; Wilhelm, Nicolas; Burris, Scott

2017-05-01

Where the Global Health Security Agenda (GHSA) seeks to accelerate progress toward a world safe and secure from public health emergencies, the realization of GHSA 'Action Packages' will require national governments to establish necessary legal frameworks to prevent, detect, and respond to infectious disease. By analyzing the scope and content of existing national legislation in each of the GHSA Action Packages, this comparative cross-national research has developed a framework that disaggregates the legal domains necessary to meet each Action Package target. Based upon these legal domains, this study developed an assessment tool that can identify specific attributes of national legislation. This article applies this tool to assess the legal environment in twenty Sub-Saharan African countries, examining the content of laws across the GHSA Action Packages, analyzing the legal domains necessary to implement each Action Package, and highlighting specific national laws that reflect attributes of each legal domain. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Disaster risk profile and existing legal framework of Nepal: floods and landslides

PubMed Central

Gaire, Surya; Castro Delgado, Rafael; Arcos González, Pedro

2015-01-01

Nepal has a complicated geophysical structure that is prone to various kinds of disasters. Nepal ranks the most disaster-prone country in the world and has experienced several natural calamities, causing high property and life losses. Disasters are caused by natural processes, but may be increased by human activities. The overall objective of this paper is to analyze the disaster risk profile and existing legal framework of Nepal. The paper is based on secondary data sources. Major causative factors for floods and landslides are heavy and continuous rainfall, outburst floods, infrastructure failure, and deforestation. Historical data of natural disasters in Nepal show that water-induced disasters have killed hundreds of people and affected thousands every year. Likewise, properties worth millions of US dollars have been damaged. There is an increasing trend toward landslides and floods, which will likely continue to rise if proper intervention is not taken. A positive correlation between water-induced disasters and deaths has been observed. Nepal has a poor Index for Risk Management (INFORM). There are fluctuations in the recording of death data caused by flood and landslides. The Government of Nepal focuses more on the response phase than on the preparedness phase of disasters. The existing disaster management act seems to be weak and outdated. There is a gap in current legal procedure, so the country is in dire need of a comprehensive legal framework. The new proposed act seems to take a much broader approach to disaster management. With a long-term vision of managing disaster risk in the country, the Government of Nepal has begun the Nepal Risk Reduction Consortium (NRRC) in collaboration with development and humanitarian partners. In order to improve the vulnerability of Nepal, an early warning system, mainstreaming disasters with development, research activities, community participation and awareness, and a rainfall monitoring system must all be a focus. PMID

Disaster risk profile and existing legal framework of Nepal: floods and landslides.

PubMed

Gaire, Surya; Castro Delgado, Rafael; Arcos González, Pedro

2015-01-01

Nepal has a complicated geophysical structure that is prone to various kinds of disasters. Nepal ranks the most disaster-prone country in the world and has experienced several natural calamities, causing high property and life losses. Disasters are caused by natural processes, but may be increased by human activities. The overall objective of this paper is to analyze the disaster risk profile and existing legal framework of Nepal. The paper is based on secondary data sources. Major causative factors for floods and landslides are heavy and continuous rainfall, outburst floods, infrastructure failure, and deforestation. Historical data of natural disasters in Nepal show that water-induced disasters have killed hundreds of people and affected thousands every year. Likewise, properties worth millions of US dollars have been damaged. There is an increasing trend toward landslides and floods, which will likely continue to rise if proper intervention is not taken. A positive correlation between water-induced disasters and deaths has been observed. Nepal has a poor Index for Risk Management (INFORM). There are fluctuations in the recording of death data caused by flood and landslides. The Government of Nepal focuses more on the response phase than on the preparedness phase of disasters. The existing disaster management act seems to be weak and outdated. There is a gap in current legal procedure, so the country is in dire need of a comprehensive legal framework. The new proposed act seems to take a much broader approach to disaster management. With a long-term vision of managing disaster risk in the country, the Government of Nepal has begun the Nepal Risk Reduction Consortium (NRRC) in collaboration with development and humanitarian partners. In order to improve the vulnerability of Nepal, an early warning system, mainstreaming disasters with development, research activities, community participation and awareness, and a rainfall monitoring system must all be a focus.

European survey on ethical and legal framework of clinical trials in paediatrics: results and perspectives.

PubMed

Altavilla, Annagrazia; Giaquinto, Carlo; Ceci, Adriana

2008-09-01

This article constitutes a synthesis and analysis of the results of the "Survey on the ethical and legal frameworks existing in Europe for paediatric clinical trials" carried out by the European network TEDDY. TEDDY is a "Network of Excellence" funded by the Sixth EU Framework Programme (FP6). It began its activities in June 2005 and it is scheduled to run until 2010. It involves 19 partners in 11 countries. The overall goal of TEDDY is to promote the availability of safe and effective medicines to children in Europe by integrating existing expertise and the good practices. In the domain of ethics, the main aim of TEDDY is raise the awareness of the public and researchers concerning issues linked to biomedical research in paediatrics, by contributing to developing the debate on the ethical and legal stakes, as well as the potential deviations, in order to ensure the best possible protection of children participating in clinical trials. This study, with twenty-seven participating countries (23 EU Member States and 4 countries associated to the Fifth and Sixth EU Framework Programme), proposes to highlight the existing differences in the legislation of European countries concerning the procedure of consent, as well as the guarantee of the paediatric expertise within the Ethics Committees which are in charge of evaluating research protocols. The study shows that, even though the Directive 2001/20/EC has been transposed, the value attributed to the consent of minors who participate in clinical trials is different depending on the European state. Despite the general rule of having the written consent of the legal representative of the minor, over a certain age (different in relation to each state) and under certain conditions, to give the consent alone to participate in biomedical research. Furthermore, there is an Ethics Committee for minors in only four countries. In addition, we illustrate the lack of information and in-depth debate in Europe concerning the ethical

Pharmaceutical Regulatory Framework in Ethiopia: A Critical Evaluation of Its Legal Basis and Implementation.

PubMed

Suleman, Sultan; Woliyi, Abdulkadir; Woldemichael, Kifle; Tushune, Kora; Duchateau, Luc; Degroote, Agnes; Vancauwenberghe, Roy; Bracke, Nathalie; De Spiegeleer, Bart

2016-05-01

Effective and enforceable national regulations describing the manufacture and (re)packaging, export and import, distribution and storage, supply and sale, information and pharmaco-vigilance of medicines are required to consistently ensure optimal patient benefit. Expansion of pharmaceutical industries in many countries with advancement in transport technologies facilitated not only trade of genuine pharmaceutical products but also the circulation of poor quality medicines across the globe. In Ethiopia, even though "The Pharmacists and Druggists Proclamation No 43/1942" was used to regulate both the professions and the facilities where they were practiced, comprehensive regulation of the pharmaceutical market was introduced in 1964 by a regulation called "Pharmacy Regulation No. 288/ 1964". This legislation formed the legal basis for official establishment of drug regulation in the history of Ethiopia, enabling the regulation of the practice of pharmacists, druggists and pharmacy technicians; manufacturing, distribution, and sale of medicines. In June 1999, a new regulation called the "Drug Administration and Control Proclamation No. 176/1999" repealed most parts of the regulation 288/1964. The law established an independent Drug Administration and Control Authority (DACA) with further mandate of setting standards of competence for licensing institutions/facilities. DACA was re-structured as Food, Medicine and Health Care Administration and Control Authority (EFMHACA) of Ethiopia by the "Proclamation No. 661/2009" in 2010 bearing additional responsibilities like regulation of food, health care personnel and settings. The mere existence of this legal framework does not guarantee complete absence of illegal, substandard and falsified products as well as illegal establishments in the pharmaceutical chain. Therefore, the objective of the research is to assess the pharmaceutical regulatory system in Ethiopia and to reveal possible reasons for deficiencies in the

International Humanitarian Law: The legal framework for humanitarian forensic action.

PubMed

Gaggioli, Gloria

2018-01-01

In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts. It contains a number of clear and concrete obligations incumbent to belligerent parties on the management of dead bodies, which provide the legal framework for humanitarian forensic action. The purpose of this article is to present, in a simple and concise manner, these rules with a view to extrapolate some key legal principles, such as the obligation to respect the dignity of the dead or the right to know the fate of relatives, which shall guide anyone dealing with human remains. Copyright © 2017 Elsevier B.V. All rights reserved.

Which lessons can we learn from the European Union legal framework of medicines for the regulation of direct-to-consumer genetic tests?

PubMed

van Hellemondt, Rachèl; Hendriks, Aart; Breuning, Martijn

2012-01-01

The legal framework of the European Union (EU) for regulating access to and supply of direct-to-consumer (DTC) genetic tests is very liberal compared to the legal and regulatory framework for (internet) medicines. Nevertheless, both health related products can cause equally serious damage to the well being of individuals. In this contribution we examine whether the legal framework of the EU for the safety and responsible use of (internet) medicines could be an example for regulating access to and supply of DTC genetic tests. The EU laws governing medicines can, notwithstanding their shortcomings, serve as an example for (central) authorising the marketing of DTC genetic tests on the internal market in accordance with strict criteria regarding predictive value and clinical usefulness. Furthermore, a legal framework controlling DTC genetic tests also should introduce system supervision as well as quality criteria with respect to the information to be provided to consumers in order to enhance health protection. However, DTC genetic tests purchased through online ordering are difficult to supervise by any agency. Adequately protecting individuals against questionable testing kits calls for international vigilance and comprehensive measures by the international community. For Europe, it is important to rank the regulation of DTC genetic tests on the European regulatory agenda.

Global Inventory of Regional and National Qualifications Frameworks. Volume II: National and Regional Cases

ERIC Educational Resources Information Center

UNESCO Institute for Lifelong Learning, 2015

2015-01-01

This second volume of the "Global Inventory of Regional and National Qualifications Frameworks" focuses on national and regional cases of national qualifications frameworks for eighty- six countries from Afghanistan to Uzbekistan and seven regional qualifications frameworks. Each country profile provides a thorough review of the main…

[Living donors for kidney transplantation: ethical and legal challenges].

PubMed

Mamzer-Bruneel, Marie-France; Fournier, Catherine; Legendre, Christophe

2010-05-01

Living donor kidney transplantation has developed very heterogeneously worldwide despite excellent results and without taking into account the context of global organ shortage. Such a heterogeneity highlights persistent ethical issues, whereas organ trafficking is emerging as an organized transplant tourism reinforcing the need for strong national legal frameworks. Despite its powerful regulation system, which ensures standardization, transparency and accountability of support for donation, France remains reluctant to enlarge the circle of legal donors, whereas it would be the first step to give a greater role to living organ donation.

Legal framework for a sustainable biomass production for bioenergy on Marginal Lands

NASA Astrophysics Data System (ADS)

Baumgarten, Wibke; Pelikan, Vincent

2017-04-01

The EU H2020 funded project SEEMLA is aiming at the sustainable exploitation of biomass for bioenergy from marginal lands in Europe. Partners from Germany, Italy, Ukraine and Greece are involved in this project. Whereas Germany can be considered as well-established and leading country with regard to the production of bioenergy, directly followed by Italy and Greece, Ukraine is doing its first steps in becoming independent from fossil energy resources, also heading for the 2020+ goals. A basic, overarching regulation is the Renewable Energy Directive (RED) which has been amended in 2015; these amendments will be set in force in 2017. A new proposal for the period after 2020, the so called RED II, is under preparation. With cross-compliance and greening, the Common Agricultural Policy (CAP) offers measures for an efficient and ecological concept for a sustainable agriculture in Europe. In country-specific National Renewable Energy Action Plans (NREAP) a concept for 2020 targets is given for practical implementation until 2030 which covers e.g. individual renewable energy targets for electricity, heating and cooling, and transport sectors, the planned mix of different renewables technologies, national policies to develop biomass resources, and measures to ensure that biofuels are used to meet renewable energy targets are in compliance with the EU's sustainability criteria. While most of the NREAP have been submitted in 2010, the Ukrainian NREAP was established in 2014. In addition, the legal framework considering the protection of nature, e.g. Natura 2000, and its compartments soil, water, and atmosphere are presented. The SEEMLA approach will be developed in agreement with this already existing policy framework, following a sustainable principle for growing energy plants on marginal lands (MagL). Secondly, legislation regarding bioenergy and biomass potentials in the EU-28 and partner countries is introduced. For each SEEMLA partner an overview of regulatory

Comparative Legal Services: An Analysis of the Delivery of Legal Services to the Poor in Nations around the World.

ERIC Educational Resources Information Center

Wise, Edward M.

1994-01-01

Asserts that providing poor people equal access to law is a worldwide problem. Identifies and discusses three systems of legal aid services in nations throughout the world. Includes a vocabulary chart and a special section on justice in South Africa. (CFR)

A framework for evaluating national space activity

NASA Astrophysics Data System (ADS)

Wood, Danielle; Weigel, Annalisa

2012-04-01

Space technology and resources are used around the world to address societal challenges. Space provides valuable satellite services, unique scientific discoveries, surprising technology applications and new economic opportunities. Many developing countries formally recognize the advantages of space resources and pursue national level activity to harness them. There is limited data or documentation on the space activities of developing countries. Meanwhile, traditional approaches to summarize national space activity do not necessarily capture the types of activity that developing countries pursue in space. This is especially true if they do not have a formal national space program or office. Developing countries pursue national space activity through activities of many types—from national satellite programs to commercial use of satellite services to involvement with international space institutions. This research aims to understand and analyze these trends. This paper introduces two analytical frameworks for evaluating space activity at the national level. The frameworks are specifically designed to capture the activity of countries that have traditionally been less involved in space. They take a broad view of space related activity across multiple societal sectors and disciplines. The discussion explains the approach for using the frameworks as well as illustrative examples of how they can be applied as part of a research process. The first framework is called the Mission and Management Ladders. This framework considers specific space projects within countries and ranks them on "Ladders" that measure technical challenge and managerial autonomy. This first method is at a micro level of analysis. The second framework is called the Space Participation Metric (SPM). The SPM can be used to assign a Space Participation score to countries based on their involvement in various space related activities. This second method uses a macro level of analysis. The authors

Linked health data for pharmacovigilance in children: perceived legal and ethical issues for stakeholders and data guardians.

PubMed

Hopf, Yvonne Marina; Bond, Christine B; Francis, Jill J; Haughney, John; Helms, Peter J

2014-02-12

The inclusion of the Community Health Index in the recording of National Health Service (NHS) contacts in Scotland facilitates national linkage of data such as prescribing and healthcare utilisation. This linkage could be the basis for identification of adverse drug reactions. The aim of this article is to report the views of healthcare professionals on data sharing, ownership and the legal and other applicable frameworks relevant to linkage of routinely collected paediatric healthcare data. Qualitative study using semistructured face-to-face interviews addressing the study aims. Purposive sample of professional stakeholders (n=25) including experts on ethics, data protection, pharmacovigilance, data linkage, legal issues and prescribing. Interviews were audio-recorded, transcribed and thematically analysed using a framework approach. Participants identified existing data sharing systems in the UK. Access to healthcare data should be approved by the data owners. The definition of data ownership and associated legal responsibilities for linked healthcare data were seen as important factors to ensure accountability for the use of linked data. Yet data owners were seen as facilitators of the proposed data linkage. Twelve frameworks (legal, regulatory and governance) applicable to the linkage of healthcare data were identified. A large number of potentially relevant legal and regulatory frameworks were identified. Ownership of the linked data was seen as an extension of responsibility for, or guardianship of, the source datasets. The consensus emerging from the present study was that clarity is required on the definition of data sharing, data ownership and responsibilities of data owners.

End of FY10 report - used fuel disposition technical bases and lessons learned : legal and regulatory framework for high-level waste disposition in the United States.

DOE Office of Scientific and Technical Information (OSTI.GOV)

Weiner, Ruth F.; Blink, James A.; Rechard, Robert Paul

This report examines the current policy, legal, and regulatory framework pertaining to used nuclear fuel and high level waste management in the United States. The goal is to identify potential changes that if made could add flexibility and possibly improve the chances of successfully implementing technical aspects of a nuclear waste policy. Experience suggests that the regulatory framework should be established prior to initiating future repository development. Concerning specifics of the regulatory framework, reasonable expectation as the standard of proof was successfully implemented and could be retained in the future; yet, the current classification system for radioactive waste, including hazardousmore » constituents, warrants reexamination. Whether or not consideration of multiple sites are considered simultaneously in the future, inclusion of mechanisms such as deliberate use of performance assessment to manage site characterization would be wise. Because of experience gained here and abroad, diversity of geologic media is not particularly necessary as a criterion in site selection guidelines for multiple sites. Stepwise development of the repository program that includes flexibility also warrants serious consideration. Furthermore, integration of the waste management system from storage, transportation, and disposition, should be examined and would be facilitated by integration of the legal and regulatory framework. Finally, in order to enhance acceptability of future repository development, the national policy should be cognizant of those policy and technical attributes that enhance initial acceptance, and those policy and technical attributes that maintain and broaden credibility.« less

National Consumer and Financial Literacy Framework

ERIC Educational Resources Information Center

Ministerial Council for Education, Early Childhood Development and Youth Affairs (NJ1), 2011

2011-01-01

This document is a revised version of the National Consumer and Financial Literacy Framework (the Framework) originally developed in 2005. It articulates a rationale for consumer and financial education in Australian schools; describes essential consumer and financial capabilities that will support lifelong learning; and provides guidance on how…

National Qualification Frameworks: Developing Research Perspectives

ERIC Educational Resources Information Center

Fernie, Scott; Pilcher, Nick

2009-01-01

Arguments for National Qualification Frameworks (NQF) are compelling. Indeed, such frameworks are now an international phenomenon. Yet, few studies take a critical perspective and challenge the broad assumptions underpinning NQF. Arguments presented in this paper attempt to open a debate within the higher education community that draws attention…

[Implications of chilean legal framework in teen pregnancy prevention: conflict and insecurity in health professionals].

PubMed

Luttges D, Carolina; Leyton M, Carolina; Leal F, Ingrid; Troncoso E, Paulina; Molina G, Temístocles

2016-10-01

Teenage pregnancy is a psychosocial and multifactorial problem described as a lack of exercise of rights in sexual and reproductive health. There are important aspects in the doctor-patient relationship and confidentiality that directly affect the continuity and quality of care. There are controversies in the laws relating to the provision of contraception and confidentiality, and those that protect the sexual indemnity, especially in adolescents under 14 years. To describe the implications of the legal framework for professional midwives in the care of adolescents younger than 14 years in sexual and reproductive health. In-depth interviews were conducted to 13 female and 2 male midwives working at Primary Health Care Centers in the Metropolitan Region. The attention of adolescents younger than 14 years in sexual and reproductive health involves medical-legal issues for health professionals. All professionals recognize that mandatory reporting sexual activity is a complex situation. All professionals notify pregnancies. In relation to the delivery of contraception, clinical care is problematic since professionals should take shelter from a legal standpoint. The medical-legal context of pregnant women under 14 years of age care generates a context of uncertainty and fear for professionals and becomes a source of conflict and insecurity in the exercise of the profession.

The Built Environment and Its Relationship to the Public’s Health: The Legal Framework

PubMed Central

Perdue, Wendy Collins; Stone, Lesley A.; Gostin, Lawrence O.

2003-01-01

The built environment significantly affects the public’s health. This was most obvious when infectious disease was the primary public health threat during the industrial revolution; unsanitary conditions and overcrowded urban areas facilitated the spread of infection. However, even today in the age of chronic diseases there remains an important connection between population health and the built environment. Physical spaces can expose people to toxins or pollutants and influence lifestyles that contribute to diabetes, coronary vascular disease, and asthma. Public health advocates can help shape the design of cities and suburbs in ways that improve public health, but to do so effectively they need to understand the legal framework. This article reviews the connection between public health and the built environment and then describes the legal pathways for improving the design of our built environment. PMID:12948949

Australian Recognition Framework Arrangements. Australia's National Training Framework.

ERIC Educational Resources Information Center

Australian National Training Authority, Brisbane.

This document explains the objectives, principles, standards, and protocols of the Australian Recognition Framework (ARF), which is a comprehensive approach to national recognition of vocational education and training (VET) that is based on a quality-assured approach to the registration of training organizations seeking to deliver training, assess…

50 CFR 86.100 - What is the National Framework?

Code of Federal Regulations, 2013 CFR

2013-10-01

... (BIG) PROGRAM Service Completion of the National Framework § 86.100 What is the National Framework? The... your State. Through a State survey, you must conduct a boating access needs assessment or data...

50 CFR 86.100 - What is the National Framework?

Code of Federal Regulations, 2014 CFR

2014-10-01

... (BIG) PROGRAM Service Completion of the National Framework § 86.100 What is the National Framework? The... your State. Through a State survey, you must conduct a boating access needs assessment or data...

Participation of a Representative of a Foreign Country in the Procedure of the Legal Proceedings in the Republic of Kazakhstan

ERIC Educational Resources Information Center

Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.

2016-01-01

The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…

[Current legal framework conditions for running and utilization of biobanks. Part 2: data protection and informed consent].

PubMed

Haier, J

2013-10-01

Informed consent of donors of biomaterials represents an essential pillar of legal conformity of business organizations even for biobanks. For the assessment of self-determination of donors and freedom of research for users of biobanks there is a general consensus on the necessity for a social and individual agreement for the participation of donors in research projects. However, demands are often made for which the legal implementation is at least contentious and can be considered as excessive and biased. In part 2 of this review series the current legal foundation of data protection and informed consent is summarized on the basis of normative and ethical principles. With respect to appropriation of data and biosamples it can be deduced that by conformation to corresponding framework conditions the informed consent of donors in particular can be constructed independent of the project.

17 CFR 39.27 - Legal risk considerations.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 17 Commodity and Securities Exchanges 1 2014-04-01 2014-04-01 false Legal risk considerations. 39... CLEARING ORGANIZATIONS Compliance with Core Principles § 39.27 Legal risk considerations. (a) Legal... by the appropriate foreign licensing authority. (b) Legal framework. A derivatives clearing...

Medicine beyond borders: the legal and ethical challenges.

PubMed

Kassim, Puteri Nemie J

2009-09-01

The ease and affordability of international travel has contributed to the rapid growth of the healthcare industry where people from all around the world are traveling to other countries to obtain medical, dental, and surgical care while at the same time touring, vacationing and fully experiencing the attractions of the countries that they are visiting. A combination of many factors has led to the recent increase in popularity of medical tourism such as exorbitant costs of healthcare in industrialized nations, favorable currency exchange rates in the global economy, rapidly improving technology in many countries of the world and most importantly proven safety of healthcare in selected foreign nations. Nevertheless, the development of medical tourism has certainly awakened many ethical and legal issues, which must be addressed. Issues pertaining to malpractice, consumer protection, organ trafficking, alternative medicine and telemedicine need comprehensive legal regulatory framework to govern them. Ethical issues are also been raised by the promotion of medical tourism in particular those pertaining to doctor and patient relationship. A future, where medical law is subsumed into various legal and ethical dimensions, poses serious challenges for the practice and ethics of medicine.

Debate: Limitations on universality: the "right to health" and the necessity of legal nationality

PubMed Central

2010-01-01

Background The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Discussion Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Summary Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community. Additionally, it is imperative

Same-Sex Couples: Legal Complexities

ERIC Educational Resources Information Center

Oswald, Ramona Faith; Kuvalanka, Katherine A.

2008-01-01

In this article, the authors present a typology for organizing our current knowledge regarding same-sex couples in the United States who have and have not established legal ties between partners. This framework is complemented by a discussion of key rulings that define what is legally possible as well as the introduction of "legal consciousness,"…

32 CFR 724.703 - Legal counsel.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is deemed...

32 CFR 724.703 - Legal counsel.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is deemed...

32 CFR 724.703 - Legal counsel.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is deemed...

32 CFR 724.703 - Legal counsel.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 5 2014-07-01 2014-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is deemed...

32 CFR 724.703 - Legal counsel.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 5 2013-07-01 2013-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is deemed...

The Legal Framework for Inclusion of Students with Disabilities: A Comparative Analysis of Japan and the United States

ERIC Educational Resources Information Center

Nagano, Mayumi; Weinberg, Lois A.

2012-01-01

Japan faces an educational challenge even after the start of a new special education system (Tokubetsushienkyouiku). This article addresses the legal framework of the special education system in Japan and analyzes the issues needed to be addressed to reinforce the inclusion of children with disabilities in public regular school settings. The…

A surety engineering framework to reduce cognitive systems risks.

DOE Office of Scientific and Technical Information (OSTI.GOV)

Caudell, Thomas P.; Peercy, David Eugene; Caldera, Eva O.

Cognitive science research investigates the advancement of human cognition and neuroscience capabilities. Addressing risks associated with these advancements can counter potential program failures, legal and ethical issues, constraints to scientific research, and product vulnerabilities. Survey results, focus group discussions, cognitive science experts, and surety researchers concur technical risks exist that could impact cognitive science research in areas such as medicine, privacy, human enhancement, law and policy, military applications, and national security (SAND2006-6895). This SAND report documents a surety engineering framework and a process for identifying cognitive system technical, ethical, legal and societal risks and applying appropriate surety methods to reducemore » such risks. The framework consists of several models: Specification, Design, Evaluation, Risk, and Maturity. Two detailed case studies are included to illustrate the use of the process and framework. Several Appendices provide detailed information on existing cognitive system architectures; ethical, legal, and societal risk research; surety methods and technologies; and educing information research with a case study vignette. The process and framework provide a model for how cognitive systems research and full-scale product development can apply surety engineering to reduce perceived and actual risks.« less

Constitutionally-Legal Policy as Base Type of Legal Policy of Russia

ERIC Educational Resources Information Center

Anichkin, Eugene S.

2016-01-01

The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…

Children's Health in a Legal Framework

ERIC Educational Resources Information Center

Huntington, Clare; Scott, Elizabeth

2015-01-01

The U.S. legal system gives parents the authority and responsibility to make decisions about their children's health care, and favors parental rights over society's collective responsibility to provide for children's welfare. Neither the federal government nor state governments have an affirmative obligation to protect and promote children's…

Global National Qualifications Framework Inventory

ERIC Educational Resources Information Center

Bjornavold, Jens; Pevec-Grm, Slava; Graham, Michael; Deij, Arjen; Singh, Madhu; Charkoun, Borhène; Agrawal, Shivani

2013-01-01

This publication is a global, country-by-country, inventory of National Qualifications Frameworks (NQFs). It is a copublication, prepared by two EU agencies, the European Training Foundation (ETF) and the Centre for the Development of Vocational Training (Cedefop); and UNESCO's Institute for Lifelong Learning (UIL) and the Section for TVET at…

The EPOS Legal and Governance Framework : tailoring the infrastructure to fit the needs of the EPOS services

NASA Astrophysics Data System (ADS)

Kohler, Elisabeth; Pedersen, Helle; Kontkanen, Pirjo; Korja, Annakaisa; Lauterjung, Jörn; Haslinger, Florian; Sangianantoni, Agata; Bartolini, Alessandro; Consortium, Epos

2016-04-01

One of the most important issues regarding a pan-European distributed large scale research infrastructure is the setting up of its legal and governance structure as this will shape the very operation of the undertaking, i.e. the decision-making process, the allocation of tasks and resources as well as the relationship between the different bodies. Ensuring long-term operational services requires a robust, coherent and transparent legal and governance framework across all of the EPOS TCS (Thematic Core Services) and ICS (Integrated Core Services) that is well aligned to the EPOS global architecture. The chosen model for the EPOS legal entity is the ERIC (European Research Infrastructure Consortium). While the statutory seat of EPOS-ERIC will be in Rome, Italy, most of the services will be hosted in other countries. Specific agreements between EPOS-ERIC and the legal bodies hosting EPOS services will be implemented to allow proper coordination of activities. The objective is to avoid multiple agreements and, where possible, to standardize them in order to reach a harmonized situation across all services. For the governance careful attention will be paid to the decision-making process, the type of decisions and the voting rights, the definition of responsibilities, rights and duties, the reporting mechanisms, as well as other issues like who within a TCS represents the service to the 'outside' world or who advices the TCS on which subjects. Data policy is another crucial issue as EPOS aims to provide interdisciplinary services to researchers interested in geoscience, including access to data, metadata, data products, software and IT tools. EPOS also provides access to computational resources for visualization and processing. Beyond the general principles of Open Access and Open Source the following questions have to be addressed: scope and nature of data that will be accepted; intellectual property rights in data and terms under which data will be shared; openness and

76 FR 69755 - National Disaster Recovery Framework (NDRF)

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-09

... DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2010-0004] National Disaster Recovery Framework (NDRF) AGENCY: Federal Emergency Management Agency, DHS. ACTION... Framework (NRF) to provide organizing constructs and principles solely focused on disaster recovery...

[Assessment of legal capacity and testamentary capacity].

PubMed

Dreßing, H; Foerster, K; Leygraf, J; Schneider, F

2014-11-01

The assessment of legal capacity and testamentary capacity require thorough knowledge of the legal framework and the relevant case law. This paper explains the concept of the legal capacity to contract and the concept of testamentary capacity with respect to German civil law. The relevance of major mental disorders for the assessment of legal capacity and testamentary capacity is discussed.

[National Database of Genotypes--ethical and legal issues].

PubMed

Franková, Vera; Tesínová, Jolana; Brdicka, Radim

2011-01-01

National Database of Genotypes--ethical and legal issues The aim of the project National Database of Genotypes is to outline structure and rules for the database operation collecting information about genotypes of individual persons. The database should be used entirely for health care. Its purpose is to enable physicians to gain quick and easy access to the information about persons requiring specialized care due to their genetic constitution. In the future, another introduction of new genetic tests into the clinical practice can be expected thus the database of genotypes facilitates substantial financial savings by exclusion of duplicates of the expensive genetic testing. Ethical questions connected with the creating and functioning of such database concern mainly privacy protection, confidentiality of personal sensitive data, protection of database from misuse, consent with participation and public interests. Due to necessity of correct interpretation by qualified professional (= clinical geneticist), particular categorization of genetic data within the database is discussed. The function of proposed database has to be governed in concordance with the Czech legislation together with solving ethical problems.

The National Football League and chronic traumatic encephalopathy: legal implications.

PubMed

Korngold, Caleb; Farrell, Helen M; Fozdar, Manish

2013-01-01

The growing awareness of chronic traumatic encephalopathy (CTE) has the potential to change the public perception and on-field rules of the National Football League (NFL). More than 3,000 ex-NFL players or their relatives are engaged in litigation alleging that the NFL failed to acknowledge and address the neuropsychiatric risks associated with brain injuries that result from playing in the NFL. This article explores the intersection between the medical and legal aspects of CTE in the NFL from a forensic psychiatry perspective.

The National Health Service Knowledge and Skills Framework and its implications for continuing professional development in nursing.

PubMed

Gould, Dinah; Berridge, Emma-Jane; Kelly, Daniel

2007-01-01

The National Health Service Knowledge and Skills Framework has been introduced as part of the Agenda for Change Reforms in the United Kingdom to link pay and career progression to competency. The purpose of this paper is to consider the implications for nurses, their managers and the impact on university departments delivering continuing professional development for nurses. The new system has the potential to increase the human resources management aspect of the clinical nurse managers' role and could have legal implications, for example if practitioners perceive that their needs for continuing professional development have been overlooked to the detriment of their pay and career aspirations. The new system also has implications for providers of continuing professional development in the universities and is likely to demand closer liaison between education providers and trust staff who commission education and training. The Knowledge and Skills Framework is of interest to nurses and nurse educators internationally because the system, if effective, could be introduced elsewhere.

48 CFR 801.602-80 - Legal and technical review-Office of Construction and Facilities Management and National Cemetery...

Code of Federal Regulations, 2012 CFR

2012-10-01

...-Office of Construction and Facilities Management and National Cemetery Administration. 801.602-80 Section... Responsibilities 801.602-80 Legal and technical review-Office of Construction and Facilities Management and National Cemetery Administration. An Office of Construction and Facilities Management or National Cemetery...

48 CFR 801.602-80 - Legal and technical review-Office of Construction and Facilities Management and National Cemetery...

Code of Federal Regulations, 2011 CFR

2011-10-01

...-Office of Construction and Facilities Management and National Cemetery Administration. 801.602-80 Section... Responsibilities 801.602-80 Legal and technical review-Office of Construction and Facilities Management and National Cemetery Administration. An Office of Construction and Facilities Management or National Cemetery...

48 CFR 801.602-80 - Legal and technical review-Office of Construction and Facilities Management and National Cemetery...

Code of Federal Regulations, 2013 CFR

2013-10-01

...-Office of Construction and Facilities Management and National Cemetery Administration. 801.602-80 Section... Responsibilities 801.602-80 Legal and technical review-Office of Construction and Facilities Management and National Cemetery Administration. An Office of Construction and Facilities Management or National Cemetery...

48 CFR 801.602-80 - Legal and technical review-Office of Construction and Facilities Management and National Cemetery...

Code of Federal Regulations, 2014 CFR

2014-10-01

...-Office of Construction and Facilities Management and National Cemetery Administration. 801.602-80 Section... Responsibilities 801.602-80 Legal and technical review-Office of Construction and Facilities Management and National Cemetery Administration. An Office of Construction and Facilities Management or National Cemetery...

Development of a National Digital Geospatial Data Framework

USGS Publications Warehouse

,

1995-01-01

This proposal of a data framework to organize and enhance the activities of the geospatial data community to meet needs for basic themes of data was developed in response to a request in Executive Order 12906, Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure (U.S. Executive Office of the President, 1994). The request stated: in consultation with State, local, and tribal governments and within 9 months of the date of this order, the FGDC shall submit a plan and schedule to OMB [U.S. Office of Management and Budget] for completing the initial implementation of a national digital geospatial data framework ("framework") by January 2000 and for establishing a process of ongoing data maintenance. The framework shall include geospatial data that are significant, in the determination of the FGDC, to a broad variety of users within any geographic area or nationwide. At a minimum, the plan shall address how the initial transportation, hydrology, and boundary elements of the framework might be completed by January 1998 in order to support the decennial census of 2000. The proposal was developed by representatives of local, regional, State, and Federal agencies under the auspices of the Federal Geographic Data Committee (FGDC). The individuals are listed in the appendix of this report. This Framework Working Group identified the purpose and goals for the framework; identified incentives for participation; defined the information content; developed preliminary technical, operational, and business contexts; specified the institutional roles needed; and developed a strategy for a phased implementation of the framework.Members of the working group presented the concepts of the framework for discussion at several national and regional public meetings. The draft of the report also was provided for public, written review. These discussions and reviews were the source of many improvements to the report.The FGDC approved the report for

Optimizing the health impacts of civil legal aid interventions: the public health framework of medical-legal partnerships.

PubMed

Lawton, Ellen; Tyler, Elizabeth Tobin

2013-07-01

Research documents the significance of the social determinants of health - the social and environmental conditions in which people live, work and play. A critical foundation of these social and environmental conditions are laws and regulations, which construct the environments in which individuals and populations live, influencing how and when people face disease. Increasingly, healthcare providers, public health professionals and lawyers concerned with social determinants are joining forces to form Medical-Legal Partnerships (MLPs) which offer a preventive approach to address the complex social, legal and systemic problems that affect the health of vulnerable populations. Now in more than 500 health and legal institutions across the country, including Rhode Island, MLP is a healthcare delivery model that integrates legal assistance as a vital component of healthcare. This article explores the many benefits of the MLP model for improving patient health, transforming medical and legal practice and institutions and generating policy changes that specifically address health disparities and social determinants.

Implementing a National Qualifications Framework in Lithuania

ERIC Educational Resources Information Center

Tutlys, Vidmantas; Spudyte, Irma

2011-01-01

The design of the national qualifications framework (NQF) in Lithuania started in 2006. The NQF was officially approved by the government decree in May 2010. This article explores the influence of the processes of institutional change on the reform of the national system of qualifications in Lithuania through the implementation of the NQF, looking…

Preimplantation diagnosis to create 'saviour siblings': a critical discussion of the current and future legal frameworks in South Africa.

PubMed

Strode, Ann; Soni, Sheetal

2011-12-14

Pre-implantation genetic diagnosis (PGD) is a technology used in conjunction with in vitro fertilisation to screen embryos for genetic conditions prior to transfer. It was initially developed to screen mutations for severe, irreversible, genetic conditions. Currently, PGD makes it possible to select against more than 100 different genetic conditions. It has been proposed as a method for creating a tissue-matched child who can in turn serve as a compatible stem cell donor to save a sick sibling in need of a stem cell transplant. The advantage of this method is that it provides genetic information before implantation of an embryo into the womb, making it possible to ensure that only tissue-matched embryos are transferred to the uterus. A couple can therefore avoid the difficult choice of either terminating the pregnancy at a later point if the fetus is not a match, or extending their family again in the hope that their next child will be tissue compatible. Many people have expressed disapproval of the use of PGD for this purpose, and it is associated with many conflicting interests including religion, ethics as well as legal regulation. In order to manage these issues some jurisdictions have created legal frameworks to regulate the use of this technology. Many of these are modelled on the UK's Human Fertilisation and Embryology Authority and its guardian legislation. This paper critiques the current and future South African legal framework to establish whether it is able to adequately regulate the use of PGD as well as guard against misuse of the technology. It concludes that changes are required to the future framework in order to ensure that it regulates the circumstances in which PGD may occur and that the Minister of Health should act expediently in finalising draft regulations which will regulate PGD in the future.

Environmental legislation as the legal framework for mitigating natural hazards in Spain

NASA Astrophysics Data System (ADS)

Garrido, Jesús; Arana, Estanislao; Jiménez Soto, Ignacio; Delgado, José

2015-04-01

In Spain, the socioeconomic losses due to natural hazards (floods, earthquakes or landslides) are considerable, and the indirect costs associated with them are rarely considered because they are very difficult to evaluate. The prevention of losses due to natural hazards is more economic and efficient through legislation and spatial planning rather than through structural measures, such as walls, anchorages or structural reinforcements. However, there isn't a Spanish natural hazards law and national and regional sector legislation make only sparse mention of them. After 1978, when the Spanish Constitution was enacted, the Autonomous Communities (Spanish regions) were able to legislate according to the different competences (urban planning, environment or civil protection), which were established in the Constitution. In the 1990's, the Civil Protection legislation (national law and regional civil protection tools) dealt specifically with natural hazards (floods, earthquakes and volcanoes), but this was before any soil, seismic or hydrological studies were recommended in the national sector legislation. On the other hand, some Autonomous Communities referred to natural hazards in the Environmental Impact Assessment legislation (EIA) and also in the spatial and urban planning legislation and tools. The National Land Act, enacted in 1998, established, for the first time, that those lands exposed to natural hazards should be classified as non-developable. The Spanish recast text of the Land Act, enacted by Royal Legislative Decree 2/2008, requires that a natural hazards map be included in the Environmental Sustainability Report (ESR), which is compulsory for all master plans, according to the provisions set out by Act 9/2006, known as Spanish Strategic Environmental Assessment (SEA). Consequently, the environmental legislation, after the aforementioned transposition of the SEA European Directive 2001/42/EC, is the legal framework to prevent losses due to natural hazards

Telemedicine: The legal framework (or the lack of it) in Europe

PubMed Central

Raposo, Vera Lúcia

2016-01-01

In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone. PMID:27579146

Telemedicine: The legal framework (or the lack of it) in Europe.

PubMed

Raposo, Vera Lúcia

2016-01-01

In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone.

Public health law and disaster medicine: understanding the legal environment.

PubMed

Gionis, Thomas A; Wecht, Cyril; Marshall, Lewis W

2007-01-01

Disaster medicine specialists, policy makers, and the public often feel frustrated when they encounter the complex legal framework that surrounds public health emergencies and disasters. Such a framework is particularly difficult to understand when one considers that the federal government has no express powers over public health or disaster management. In fact, under the US Constitution, the states, rather than the federal government, possess public health governance. Although public health sovereignty formally resides within the states, and notwithstanding the federal government's lack of express constitutional powers over public health crises and disaster management, the federal government has gradually taken on a greater leadership role in managing public health emergencies. In order to clarify the state and federal responsibilities surrounding public health emergencies and disasters, this article explores necessary and pertinent legal topics. These topics include public health duties, public health disasters, state sovereignty, governmental coercion, de facto constitutional empowerment, separation of powers, limited powers, federalism, state police powers, general and federal declarations of emergencies, the Model State Emergency Health Powers Act (MSEHPA), and public health and national security.

Designing an international policy and legal framework for the control of emerging infectious diseases: first steps.

PubMed Central

Plotkin, B. J.; Kimball, A. M.

1997-01-01

As the pace of emergence and reemergence of infectious diseases quickens, the International Health Regulations, which have served as the legal and policy framework of epidemic control for 45 years, are being revised by the World Health Organization (WHO). In this article, we review the recent history, legal construction, and application of these regulations and related international treaty-based sanitary measures, especially the General Agreement on Tariffs and Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures, and the history of applying the regulations in the maritime and aviation industries. This review indicates that revision efforts should address 1) the limited scope of disease syndromes (and reporters of these syndromes) now in the regulations and 2) the mismatch between multisectoral factors causing disease emergence and the single agency (WHO) administering the regulations. The revised regulations should expand the scope of reporting and simultaneously broaden international agency coordination. PMID:9126439

Measuring the way forward in Haiti: grounding disaster relief in the legal framework of human rights.

PubMed

Klasing, Amanda M; Moses, P Scott; Satterthwaite, Margaret L

2011-07-14

This article provides results from an online survey of humanitarian workers and volunteers that was conducted in May and June 2010. The purpose of the survey was to understand how the humanitarian aid system adopts or incorporates human rights into its post-natural disaster work and metrics. Data collected from Haiti suggest that humanitarians have embraced a rights-based approach but that they do not agree about how this is defined or about what standards and indicators can be considered rights-based. This disagreement may reveal that humanitarians are aware of a mismatch between the rights-based approach to post-disaster humanitarian work and the legal framework of human rights. Using participation and accountability as examples, this article identifies and examines this mismatch and suggests that the humanitarian aid system should more fully embrace engagement with the human rights framework. To do so, the article concludes, humanitarian actors and the human rights community should have an open dialogue about the development of metrics that accurately reflect and monitor adherence to the legal framework of human rights. This would allow the humanitarian aid system to ensure its interventions enhance the capacity of the disaster-affected state to fulfill its human rights obligations, and would allow humanitarian and human rights actors alike to measure the impact of such interventions on the realization of human rights in post-natural disaster settings. Copyright © 2011 Klasing, Moses, and Satterthwaite. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

The emerging international regulatory framework for biotechnology.

PubMed

Komen, John

2012-01-01

Debate about the potential risks of genetically modified organisms (GMOs) to the environment or human health spurred attention to biosafety. Biosafety is associated with the safe use of GMOs and, more generally, with the introduction of non-indigenous species into natural or managed ecosystems. Biosafety regulation--the policies and procedures adopted to ensure the environmentally safe application of modern biotechnology--has been extensively discussed at various national and international forums. Much of the discussion has focused on developing guidelines, appropriate legal frameworks and, at the international level, a legally binding international biosafety protocol--the Cartagena Protocol on Biosafety. The Protocol is one among various international instruments and treaties that regulate specific aspects relevant to agricultural biotechnology. The present article presents the main international instruments relevant to biosafety regulation, and their key provisions. While international agreements and standards provide important guidance, they leave significant room for interpretation, and flexibility for countries implementing them. Implementation of biosafety at the national level has proven to be a major challenge, particularly in developing countries, and consequently the actual functioning of the international regulatory framework for biotechnology is still in a state of flux.

How Has the Presence of Zimbabwe's Victim-Friendly Court and Relevant Child Protection Policy and Legal Frameworks Affected the Management of Intrafamilial Child Sexual Abuse in Zimbabwe? The Case of Marondera District.

PubMed

Musiwa, Anthony Shuko

2018-06-01

The study intended to assess, based on the perceptions of Victim-Friendly Court (VFC) professionals in Marondera District in Zimbabwe, how the presence of the VFC and relevant child protection policy and legal frameworks has affected the management of Intrafamilial Child Sexual Abuse (ICSA) in Zimbabwe. Sem-istructured questionnaires were administered to 25 professionals from 13 VFC agencies in Marondera, while one-on-one semi-structured interviews were conducted with 15 key informants who included five ICSA survivors and their respective five caregivers as well as five key community child protection committee members. All 40 participants were selected using purposive sampling. Data were analyzed manually using thematic analysis, descriptive analysis, and document analysis. The study showed that the VFC manages ICSA through prevention, protection, treatment, and support interventions, and that its mandate is guided by key child protection policy and legal frameworks, particularly the National Action Plan for Orphaned and Vulnerable Children and the Children's Act (Chapter 5:06). The presence of these mechanisms is perceived to have resulted in increased awareness of ICSA, realization of effective results, increased reporting of ICSA, and enhanced coordination among VFC agencies. However, the same frameworks are perceived to be fraught with gaps and inconsistencies, too prescriptive, incoherent with some key aspects of the National Constitution and international child rights standards, and poorly resourced for effective implementation. All this has negatively affected the management of ICSA. Therefore, the Government of Zimbabwe should consistently review these systems to make them responsive to the ever-evolving factors associated with ICSA. Also, alignment with the National Constitution, full domestication of global child rights instruments, and routine collection of better statistics for evidence-based policy- and decision-making, and for better monitoring of

Legal and Institutional Foundations of Adaptive Environmental ...

EPA Pesticide Factsheets

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

Addressing legal and policy barriers to male circumcision for adolescent boys in South Africa.

PubMed

Strode, A E; Toohey, J D; Slack, C M

2016-12-01

With millions of adolescents becoming infected with HIV globally, it is essential that barriers to much-needed interventions are reduced for at-risk adolescents. In this article we review the legal and policy framework in South Africa for adolescent access to male circumcision. We are of the view that the framework does confer protection for adolescent boys while enabling access to male circumcision; however, we identify ambiguities and tensions that exist between the Children's Act, regulations and national guidelines. We recommend reform to further enable access by this vulnerable group to this prevention modality.

National protocol framework for the inventory and monitoring of bees

USGS Publications Warehouse

Droege, Sam; Engler, Joseph D.; Sellers, Elizabeth A.; Lee O'Brien,

2016-01-01

This national protocol framework is a standardized tool for the inventory and monitoring of the approximately 4,200 species of native and non-native bee species that may be found within the National Wildlife Refuge System (NWRS) administered by the U.S. Fish and Wildlife Service (USFWS). However, this protocol framework may also be used by other organizations and individuals to monitor bees in any given habitat or location. Our goal is to provide USFWS stations within the NWRS (NWRS stations are land units managed by the USFWS such as national wildlife refuges, national fish hatcheries, wetland management districts, conservation areas, leased lands, etc.) with techniques for developing an initial baseline inventory of what bee species are present on their lands and to provide an inexpensive, simple technique for monitoring bees continuously and for monitoring and evaluating long-term population trends and management impacts. The latter long-term monitoring technique requires a minimal time burden for the individual station, yet can provide a good statistical sample of changing populations that can be investigated at the station, regional, and national levels within the USFWS’ jurisdiction, and compared to other sites within the United States and Canada. This protocol framework was developed in cooperation with the United States Geological Survey (USGS), the USFWS, and a worldwide network of bee researchers who have investigated the techniques and methods for capturing bees and tracking population changes. The protocol framework evolved from field and lab-based investigations at the USGS Bee Inventory and Monitoring Laboratory at the Patuxent Wildlife Research Center in Beltsville, Maryland starting in 2002 and was refined by a large number of USFWS, academic, and state groups. It includes a Protocol Introduction and a set of 8 Standard Operating Procedures or SOPs and adheres to national standards of protocol content and organization. The Protocol Narrative

National water, food, and trade modeling framework: The case of Egypt.

PubMed

Abdelkader, A; Elshorbagy, A; Tuninetti, M; Laio, F; Ridolfi, L; Fahmy, H; Hoekstra, A Y

2018-10-15

This paper introduces a modeling framework for the analysis of real and virtual water flows at national scale. The framework has two components: (1) a national water model that simulates agricultural, industrial and municipal water uses, and available water and land resources; and (2) an international virtual water trade model that captures national virtual water exports and imports related to trade in crops and animal products. This National Water, Food & Trade (NWFT) modeling framework is applied to Egypt, a water-poor country and the world's largest importer of wheat. Egypt's food and water gaps and the country's food (virtual water) imports are estimated over a baseline period (1986-2013) and projected up to 2050 based on four scenarios. Egypt's food and water gaps are growing rapidly as a result of steep population growth and limited water resources. The NWFT modeling framework shows the nexus of the population dynamics, water uses for different sectors, and their compounding effects on Egypt's food gap and water self-sufficiency. The sensitivity analysis reveals that for solving Egypt's water and food problem non-water-based solutions like educational, health, and awareness programs aimed at lowering population growth will be an essential addition to the traditional water resources development solution. Both the national and the global models project similar trends of Egypt's food gap. The NWFT modeling framework can be easily adapted to other nations and regions. Copyright © 2018. Published by Elsevier B.V.

A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010.

PubMed

Levels, Mark; Sluiter, Roderick; Need, Ariana

2014-10-01

The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal developments differed dramatically between countries. Existing comparative studies on abortion laws in Western-European countries lack detail, usually focus either on first-trimester abortions or second trimester abortions, cover a limited time-span and are sometimes inconsistent with one another. Combining information from various primary and secondary sources, we show how and when the conditions for legally obtaining abortion during the entire gestation period in 20 major Western-European countries have changed between 1960 and 2010. We also construct a cross-nationally comparable classification of procedural barriers that limit abortion access. Our cross-national comparison shows that Western-Europe witnessed a general trend towards decreased restrictiveness of abortion laws. However, legal approaches to regulating abortion are highly different in detail. Abortion access remains limited, sometimes even in countries where abortion is legally available without restrictions relating to reasons. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

75 FR 6681 - National Disaster Recovery Framework

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-10

... DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2010-0004] National Disaster Recovery Framework AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice of availability; request for comments. SUMMARY: The Federal Emergency Management Agency (FEMA), in coordination...

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

DOE Office of Scientific and Technical Information (OSTI.GOV)

Ma, Deqiang; Coastal and Ocean Management Institute, Xiamen University, 361102; Fang, Qinhua, E-mail: qhfang@xmu.edu.cn

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenicmore » activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.« less

NHDPlusHR: A national geospatial framework for surface-water information

USGS Publications Warehouse

Viger, Roland; Rea, Alan H.; Simley, Jeffrey D.; Hanson, Karen M.

2016-01-01

The U.S. Geological Survey is developing a new geospatial hydrographic framework for the United States, called the National Hydrography Dataset Plus High Resolution (NHDPlusHR), that integrates a diversity of the best-available information, robustly supports ongoing dataset improvements, enables hydrographic generalization to derive alternate representations of the network while maintaining feature identity, and supports modern scientific computing and Internet accessibility needs. This framework is based on the High Resolution National Hydrography Dataset, the Watershed Boundaries Dataset, and elevation from the 3-D Elevation Program, and will provide an authoritative, high precision, and attribute-rich geospatial framework for surface-water information for the United States. Using this common geospatial framework will provide a consistent basis for indexing water information in the United States, eliminate redundancy, and harmonize access to, and exchange of water information.

50 CFR Appendix I to Part 37 - Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska

Code of Federal Regulations, 2013 CFR

2013-10-01

... 50 Wildlife and Fisheries 9 2013-10-01 2013-10-01 false Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska I Appendix I to Part 37 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED) THE NATIONAL WILDLIFE REFUGE SYSTEM...

50 CFR Appendix I to Part 37 - Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska

Code of Federal Regulations, 2011 CFR

2011-10-01

... 50 Wildlife and Fisheries 8 2011-10-01 2011-10-01 false Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska I Appendix I to Part 37 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED) THE NATIONAL WILDLIFE REFUGE SYSTEM...

50 CFR Appendix I to Part 37 - Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska

Code of Federal Regulations, 2014 CFR

2014-10-01

... 50 Wildlife and Fisheries 9 2014-10-01 2014-10-01 false Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska I Appendix I to Part 37 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED) THE NATIONAL WILDLIFE REFUGE SYSTEM...

50 CFR Appendix I to Part 37 - Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska

Code of Federal Regulations, 2012 CFR

2012-10-01

... 50 Wildlife and Fisheries 9 2012-10-01 2012-10-01 false Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska I Appendix I to Part 37 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED) THE NATIONAL WILDLIFE REFUGE SYSTEM...

50 CFR Appendix I to Part 37 - Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska

Code of Federal Regulations, 2010 CFR

2010-10-01

... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Legal Description of the Coastal Plain, Arctic National Wildlife Refuge, Alaska I Appendix I to Part 37 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED) THE NATIONAL WILDLIFE REFUGE SYSTEM...

50 CFR 86.101 - What is the Service schedule to adopt the National Framework?

Code of Federal Regulations, 2010 CFR

2010-10-01

... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false What is the Service schedule to adopt the National Framework? 86.101 Section 86.101 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE... schedule to adopt the National Framework? The Secretary of the Interior adopted the National Framework on...

32 CFR 637.12 - Legal considerations.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 4 2011-07-01 2011-07-01 false Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

32 CFR 637.12 - Legal considerations.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

32 CFR 637.12 - Legal considerations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 4 2014-07-01 2013-07-01 true Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

32 CFR 637.12 - Legal considerations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 4 2013-07-01 2013-07-01 false Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

32 CFR 637.12 - Legal considerations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 4 2012-07-01 2011-07-01 true Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

21 CFR 1404.965 - Legal proceedings.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 21 Food and Drugs 9 2012-04-01 2012-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

21 CFR 1404.965 - Legal proceedings.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 21 Food and Drugs 9 2014-04-01 2014-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

21 CFR 1404.965 - Legal proceedings.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 21 Food and Drugs 9 2011-04-01 2011-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

21 CFR 1404.965 - Legal proceedings.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 21 Food and Drugs 9 2013-04-01 2013-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

21 CFR 1404.965 - Legal proceedings.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

Rights of dental patients in the EU - a legal assessment.

PubMed

Van den Bossche, Anne-Marie; Ploscar, Paula

2012-11-30

This contribution presents the legal framework for intra-European mobility of dental patients. After presenting the EU competences in respect of healthcare and a brief look into the various routes of patient mobility, the article sets out the rules for access to dental care, treatment abroad and reimbursement through social security. In addition, we focus on the impact of European Union (EU) law upon national systems in respect of professional insurance, complaints procedures and information mechanisms. In conclusion, we reflect on the development in EU law of an independent set of rights to cross-border dental care and its consequences for financing and reimbursement of care, as well as for national practices in respect of professional liability and insurance.

Legal and institutional foundations of adaptive environmental governance

PubMed Central

DeCaro, Daniel A.; Chaffin, Brian C.; Schlager, Edella; Garmestani, Ahjond S.; Ruhl, J.B.

2018-01-01

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. PMID:29780428

Legal and institutional foundations of adaptive environmental governance.

PubMed

DeCaro, Daniel A; Chaffin, Brian C; Schlager, Edella; Garmestani, Ahjond S; Ruhl, J B

2017-03-17

Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.

A national framework for disaster health education in Australia.

PubMed

FitzGerald, Gerard J; Aitken, Peter; Arbon, Paul; Archer, Frank; Cooper, David; Leggat, Peter; Myers, Colin; Robertson, Andrew; Tarrant, Michael; Davis, Elinor R

2010-01-01

Recent events have heightened awareness of disaster health issues and the need to prepare the health workforce to plan for and respond to major incidents. This has been reinforced at an international level by the World Association for Disaster and Emergency Medicine, which has proposed an international educational framework. The aim of this paper is to outline the development of a national educational framework for disaster health in Australia. The framework was developed on the basis of the literature and the previous experience of members of a National Collaborative for Disaster Health Education and Research. The Collaborative was brought together in a series of workshops and teleconferences, utilizing a modified Delphi technique to finalize the content at each level of the framework and to assign a value to the inclusion of that content at the various levels. The framework identifies seven educational levels along with educational outcomes for each level. The framework also identifies the recommended contents at each level and assigns a rating of depth for each component. The framework is not intended as a detailed curriculum, but rather as a guide for educationalists to develop specific programs at each level. This educational framework will provide an infrastructure around which future educational programs in Disaster Health in Australia may be designed and delivered. It will permit improved articulation for students between the various levels and greater consistency between programs so that operational responders may have a consistent language and operational approach to the management of major events.

Beyond a Moral Obligation: A Legal Framework for Emergency and Essential Surgical Care and Anesthesia.

PubMed

Chawla, Kashmira S; Rutkow, Lainie; Garber, Kent; Kushner, Adam L; Stewart, Barclay T

2017-05-01

Access to quality and timely emergency and essential surgical care and anesthesia (EESCA) is an integral component of the right to health as reinforced by the ratification of the World Health Assembly Resolution 68.15. However, this resolution is merely a guideline and has not been able to bolster the necessary political will to promote EESCA. Our objective was to evaluate international treaties, which carry legal obligations, for EESCA-related text, and develop a human rights-based framework to support EESCA advancement and advocacy. We conducted a comprehensive review of all the UN Treaty Collection-Certified True Copies (CTCs) of multilateral treaties database from December 2015 to April 2016. The relevant text was manually searched to abstract and analyze to identify major themes supporting a human rights-based approach to EESCA. Multiple treaties in the UN database addressed EESCA in the areas of human rights, refugees and stateless persons, health, penal matters, and disarmament. A total of 13 treaties containing 23 articles had language that endorsed aspects of EESCA. The three major themes, supported by the phraseology in the treaties, included: (1) equal access to EESCA (eight articles); (2) timely care of injured and those with emergency surgical conditions (eight articles); and (3) protection, rehabilitation, psychosocial support, and social security (seven articles). A number of United Nations multilateral treaties support available and equitable EESCA. These findings can be used to galvanize support and encourage signatory Member States to promote and implement EESCA development initiatives.

Medical practice and legal background of decisions for severely ill newborn infants: viewpoints from seven European countries.

PubMed

Sauer, P J J; Dorscheidt, J H H M; Verhagen, A A E; Hubben, J H

2013-02-01

To comparing attitudes towards end-of-life (EOL) decisions in newborn infants between seven European countries. One paediatrician and one lawyer from seven European countries were invited to attend a conference to discuss the practice of EOL decisions in newborn infants and the legal aspects involved. All paediatricians/neonatologists indicated that the best interest of the child should be the leading principle in all decisions. However, especially when discussing cases, important differences in attitude became apparent, although there are no significant differences between the involved countries with regard to national legal frameworks. Important differences in attitude towards neonatal EOL decisions between European countries exist, but they cannot be explained solely by medical or legal reasons. ©2012 The Author(s)/Acta Paediatrica ©2012 Foundation Acta Paediatrica.

32 CFR 215.4 - Legal considerations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 2 2014-07-01 2014-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

32 CFR 215.4 - Legal considerations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 2 2012-07-01 2012-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

32 CFR 215.4 - Legal considerations.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 2 2011-07-01 2011-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

32 CFR 215.4 - Legal considerations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 2 2013-07-01 2013-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

32 CFR 215.4 - Legal considerations.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

The Legal Situation of Latin American and Caribbean Women as Defined according to the Resolutions and Mandates of the United Nations System. Volume II: File Sheets of Resolutions on the Legal Situation of Women.

ERIC Educational Resources Information Center

United Nations Economic and Social Council, New York, NY.

This document contains a systematized inventory of the measures relating to the legal and social status of women adopted in various regional and world forums. The inventory was used to study the legal situation of Latin American and Caribbean women, defined according to the resolutions and mandates of the United Nations system. Organized by forum…

Legal issues regarding gene editing at the beginning of life: an EU perspective.

PubMed

De Miguel Beriain, Iñigo

2017-09-01

The development of clustered regularly interspaced short palindromic repeats (CRISPR)-Cas gene-modification technologies has opened impressive possibilities for the biomedical sciences. However, their application to human embryos and early fetuses has raised huge ethical and legal discussions because it affects the human germline. This paper provides a critical and in-depth analysis of the current legal framework on this topic in the EU context and at the national level in the member states. It also offers an alternative interpretation of the regulation, so as to help researchers, practitioners, policy makers and society as a whole to find efficient responses to challenges that cannot wait for a legally updated answer. As a final result, this paper will show that eugenic uses of CRISP-Cas and any kind of modification intended to alter the human germ line are generally banned in the EU context, while basic research on human embryos is mostly permitted. The legal status of therapeutic applications of CRISPR-Cas on early fetuses, however, has not been adequately addressed by the EU zone regulation.

32 CFR 516.17 - SJA or legal adviser procedures.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.17 SJA or legal adviser...

The impact of the WHO Framework Convention on Tobacco Control in defending legal challenges to tobacco control measures.

PubMed

Zhou, Suzanne Y; Liberman, Jonathan D; Ricafort, Evita

2018-06-02

Since the WHO Framework Convention on Tobacco Control's (FCTC) entry into force, the tobacco industry has initiated litigation challenging tobacco control measures implemented by governments around the world, or supported others to initiate such litigation on its behalf. In defending their tobacco control measures against such litigation, governments have invoked their obligations and rights under the WHO FCTC. We assess the extent to which the WHO FCTC has provided legal weight to governments' defences against legal challenge. We reviewed 96 court decisions concerning legal challenges to tobacco control measures, determining whether or not they cited the WHO FCTC and their outcomes. We then reviewed the cases where the WHO FCTC was cited, analysing how the WHO FCTC contributed to the resolution of the case. The WHO FCTC was cited in 45 decisions. Decisions both citing and not citing the WHO FCTC were largely decided in favour of governments, with 80% of WHO-FCTC-citing and 67% of non-WHO-FCTC-citing cases upholding the measure in its entirety and on every ground of challenge. In cases where it was cited, the WHO FCTC contributed to the resolution of the case in favour of governments by providing a legal basis for measures, demonstrating the measure's public health purpose, demonstrating the evidence in favour of a measure, demonstrating international consensus, demonstrating that a measure promotes or protects health-related human rights and demonstrating whether or not a measure is reasonable, proportionate or justifiable. The way the WHO FCTC has been cited in court decisions suggests that it has made a substantial contribution to courts' reasoning in tobacco control legal challenges and has strengthened government's arguments in defending litigation. © World Health Organization 2018. Licensee BMJ Publishing Group Limited.

50 CFR 86.102 - How did the Service design the National Framework?

Code of Federal Regulations, 2013 CFR

2013-10-01

... design the National Framework? The Framework divides the survey into two components: boater survey, and boat access provider survey. (a) The purpose of the boater survey component is to identify boat user... 50 Wildlife and Fisheries 9 2013-10-01 2013-10-01 false How did the Service design the National...

50 CFR 86.102 - How did the Service design the National Framework?

Code of Federal Regulations, 2011 CFR

2011-10-01

... design the National Framework? The Framework divides the survey into two components: boater survey, and boat access provider survey. (a) The purpose of the boater survey component is to identify boat user... 50 Wildlife and Fisheries 8 2011-10-01 2011-10-01 false How did the Service design the National...

50 CFR 86.102 - How did the Service design the National Framework?

Code of Federal Regulations, 2012 CFR

2012-10-01

... design the National Framework? The Framework divides the survey into two components: boater survey, and boat access provider survey. (a) The purpose of the boater survey component is to identify boat user... 50 Wildlife and Fisheries 9 2012-10-01 2012-10-01 false How did the Service design the National...

50 CFR 86.102 - How did the Service design the National Framework?

Code of Federal Regulations, 2010 CFR

2010-10-01

... design the National Framework? The Framework divides the survey into two components: boater survey, and boat access provider survey. (a) The purpose of the boater survey component is to identify boat user... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false How did the Service design the National...

50 CFR 86.102 - How did the Service design the National Framework?

Code of Federal Regulations, 2014 CFR

2014-10-01

... design the National Framework? The Framework divides the survey into two components: boater survey, and boat access provider survey. (a) The purpose of the boater survey component is to identify boat user... 50 Wildlife and Fisheries 9 2014-10-01 2014-10-01 false How did the Service design the National...

Framing the Framework: Discourses in Australia's National Values Education Policy

ERIC Educational Resources Information Center

Jones, Tiffany Mary

2009-01-01

In the past, many Australian state schools avoided teaching about values explicitly. However, the Australian government released Australia's first official values education policy in 2005: the "National Framework for Values Education in Australian Schools" (NFVEAS). This framework represents a local manifestation of the recent…

Strikes and the National Health Service: Some legal and ethical issues

PubMed Central

Dworkin, Gerald

1977-01-01

This paper is sadly opportune. The general public is angry and bewildered if not hurt by the variety of strikes which are brought more or less forcibly to their attention. People used to understand what lay behind a strike - a demand for more pay, better conditions - but today a political element often intrudes, and it is this that worries those who ask themselves whether this or that dispute is either lawful or morally acceptable. Professor Dworkin, a lawyer, first sets out the legal issues surrounding strikes and then advances the ethical arguments, closely relating them to the legal framework. The most interesting part of the paper, however, may well be that devoted to the moral obligation of example, in particular the example to be set by members of the medical profession and by all those caring for the sick. As public attitudes to industrial disputes `become dulled and quiescent' it is absolutely necessary that there should be a reappraisal of the moral standards of the past which coincide with a respect for the law. In the last century the term `anomie' was used to describe a `society which has shaken off its former restraints such as religion, respect for law and order and a definite moral code as to what is right and wrong'. We are living in that sort of society today, and one need not be a professional `ethicist' to recognize the signs, and hopefully, to work for the return of `ethical' values. PMID:874982

Examining the ethico-legal aspects of the right to refuse treatment in Turkey.

PubMed

Sert, Gurkan; Guven, Tolga

2013-10-01

This paper examines the ethico-legal problems regarding the right to refuse treatment in Turkey's healthcare system. We discuss these problems in the light of a recent case that was directly reported to us. We first summarise the experience of a chronically dependent patient (as recounted by her daughter) and her family during their efforts to refuse treatment and receive palliative care only. This is followed by a summary of the legal framework governing the limits of the right to refuse treatment in Turkey. With the help of this background information on the legal framework, we re-examine the ethico-legal aspects of the case and explain the underlying reasons for the problems the family and the patient experienced. Finally, we conclude that Turkey's legal framework relating to the right to refuse treatment needs to be clarified and amended in accordance with international conventions and fundamental human rights.

The Structure of Legal Education and the Legal Profession, Multidisciplinary Practice, Competition, and Globalization.

ERIC Educational Resources Information Center

Daly, Mary C.

2002-01-01

Discusses challenges facing the legal profession: the increasing importance of a law school's identity as national, regional, or local to graduates' career trajectories; disjunction between the legal academy and the profession; the threat to local and regional law schools' economic viability from online education; and emergence of new types of…

Legal abortion services in Brazil--a national study.

PubMed

Madeiro, Alberto Pereira; Diniz, Debora

2016-02-01

This article presents the results of a mixed methods study of 68 legal abortion services in Brazil. The services were analyzed in two stages. The first stage was a census, in which all the institutions were sent an electronic questionnaire about the organization of the legal abortion services. The second stage was conducted in a sample of 5 reference services, one for each region of the country. In this stage, a form was used to collect data about the women and the abortions in the medical records, and 82 interviews with health professionals were conducted. Thirty-seven of the services informed they performed legal abortions, and the services were inactive in 7 states. Police reports, forensic reports, and court orders were required by 14%, 8% and 8% of the services, respectively. Women who underwent abortions were predominantly aged 15-29, single and Catholic. Most abortions were performed until 14 weeks in the case of rape-related pregnancy, by means of manual vacuum aspiration. According to the health professionals, the main difficulties faced in the services are the low availability of physicians to perform abortions and the insufficient training of the staff. The data reveal a discrepancy between the legal provision and the reality of the services. The implementation of more services and the strengthening of the existing services available are necessary.

32 CFR 776.67 - Judicial and legal officers.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election or...

32 CFR 776.67 - Judicial and legal officers.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election or...

32 CFR 776.67 - Judicial and legal officers.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 5 2013-07-01 2013-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election or...

Integrating legal liabilities in nanomanufacturing risk management.

PubMed

Mohan, Mayank; Trump, Benjamin D; Bates, Matthew E; Monica, John C; Linkov, Igor

2012-08-07

Among other things, the wide-scale development and use of nanomaterials is expected to produce costly regulatory and civil liabilities for nanomanufacturers due to lingering uncertainties, unanticipated effects, and potential toxicity. The life-cycle environmental, health, and safety (EHS) risks of nanomaterials are currently being studied, but the corresponding legal risks have not been systematically addressed. With the aid of a systematic approach that holistically evaluates and accounts for uncertainties about the inherent properties of nanomaterials, it is possible to provide an order of magnitude estimate of liability risks from regulatory and litigious sources based on current knowledge. In this work, we present a conceptual framework for integrating estimated legal liabilities with EHS risks across nanomaterial life-cycle stages using empirical knowledge in the field, scientific and legal judgment, probabilistic risk assessment, and multicriteria decision analysis. Such estimates will provide investors and operators with a basis to compare different technologies and practices and will also inform regulatory and legislative bodies in determining standards that balance risks with technical advancement. We illustrate the framework through the hypothetical case of a manufacturer of nanoscale titanium dioxide and use the resulting expected legal costs to evaluate alternative risk-management actions.

Understanding health care providers' reluctance to adopt a national electronic patient record: an empirical and legal analysis.

PubMed

Zwaanswijk, M; Ploem, M C; Wiesman, F J; Verheij, R A; Friele, R D; Gevers, J K M

2013-03-01

Several countries are implementing a national electronic patient record (n-EPR). Despite the assumed positive effects of n-EPRs on the efficiency, continuity, safety and quality of care, their overall adoption remains low and meets resistance from involved parties. The implementation of the Dutch n-EPR also raised considerable controversy, which eventually caused the Dutch government to stop its contribution to the national infrastructure. To explain Dutch health care providers' reluctance in adopting the n-EPR, we investigated their perceptions of problems associated with the n-EPR and their legal position regarding then-EPR. We hereby aim to provide suggestions about approaches that could promote successful implementation. The study consisted of two parts. The empirical part of the study was conducted in three health care settings: acute care, diabetes care, and ambulatory mental health care. Two health care organisations were included per setting. Between January and June 2010, 17 stakeholders working in these organisations were interviewed to investigate health care providers' perceptions of problems associated with the n-EPR. In the legal part of the study, legal documents were analysed to study health care providers' legal position regarding the n-EPR and any associated problems. The respondents expressed concerns about the confidentiality and safety of information exchange and the reliability and quality of patient data in the n-EPR, and indicated that their liability in case of medical errors was not sufficiently clear. The perceived problems could partly be attributed to legal uncertainties. It is recommended to start the implementation of an n-EPR in limited geographical areas. This will allow health care providers to experience benefits of electronic information exchange before being asked to participate in information exchange at a larger scale. The problems that health care providers perceive in the n-EPR should be minimised. Legislation underlying the

The National Competency Framework for Registered Nurses in Adult Critical Care: An overview

PubMed Central

Baldwin, Andrea; Donnelly, Karen A; Freeman, Pauline; Himsworth, Angela P; Kinoulty, Sheila M; Kynaston, Melanie; Platten, Julie; Price, Ann M; Rumsby, Neville; Witton, Nicola

2017-01-01

In the years following the abolition of the English National Board for Nursing, Midwifery and Health Visiting in 2002, concerns were raised within the Critical Care nursing community about a lack of consistency in post-registration education programmes. In response to this, the Critical Care Network National Nurse Leads (CC3N) formed a sub-group, the Critical Care Nurse Education Review Forum (CCNERF) to address these concerns. A review of UK course provision confirmed marked inconsistency in the length, content and associated academic award. The CCNERF commenced a two-phase project, first developing national standards for critical care nurse education such as length of course and academic credit level, followed by the development of a national competency framework. Following significant review and revision, version two of the National Competency Framework for Registered Nurses in Adult Critical Care was published by CC3N in 2015. This paper introduces the National Competency Framework and provides an overview of its background, development and implementation. It then considers the future direction of UK post-registration Critical Care nurse education. PMID:28979563

The National Competency Framework for Registered Nurses in Adult Critical Care: An overview.

PubMed

Deacon, Kate S; Baldwin, Andrea; Donnelly, Karen A; Freeman, Pauline; Himsworth, Angela P; Kinoulty, Sheila M; Kynaston, Melanie; Platten, Julie; Price, Ann M; Rumsby, Neville; Witton, Nicola

2017-05-01

In the years following the abolition of the English National Board for Nursing, Midwifery and Health Visiting in 2002, concerns were raised within the Critical Care nursing community about a lack of consistency in post-registration education programmes. In response to this, the Critical Care Network National Nurse Leads (CC3N) formed a sub-group, the Critical Care Nurse Education Review Forum (CCNERF) to address these concerns. A review of UK course provision confirmed marked inconsistency in the length, content and associated academic award. The CCNERF commenced a two-phase project, first developing national standards for critical care nurse education such as length of course and academic credit level, followed by the development of a national competency framework. Following significant review and revision, version two of the National Competency Framework for Registered Nurses in Adult Critical Care was published by CC3N in 2015. This paper introduces the National Competency Framework and provides an overview of its background, development and implementation. It then considers the future direction of UK post-registration Critical Care nurse education.

A legal framework to enable sharing of Clinical Decision Support knowledge and services across institutional boundaries.

PubMed

Hongsermeier, Tonya; Maviglia, Saverio; Tsurikova, Lana; Bogaty, Dan; Rocha, Roberto A; Goldberg, Howard; Meltzer, Seth; Middleton, Blackford

2011-01-01

The goal of the CDS Consortium (CDSC) is to assess, define, demonstrate, and evaluate best practices for knowledge management and clinical decision support in healthcare information technology at scale - across multiple ambulatory care settings and Electronic Health Record technology platforms. In the course of the CDSC research effort, it became evident that a sound legal foundation was required for knowledge sharing and clinical decision support services in order to address data sharing, intellectual property, accountability, and liability concerns. This paper outlines the framework utilized for developing agreements in support of sharing, accessing, and publishing content via the CDSC Knowledge Management Portal as well as an agreement in support of deployment and consumption of CDSC developed web services in the context of a research project under IRB oversight.

14 CFR 1203.100 - Legal basis.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...

14 CFR 1203.100 - Legal basis.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...

14 CFR 1203.100 - Legal basis.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...

14 CFR 1203.100 - Legal basis.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...

Inpatient forensic-psychiatric care: Legal frameworks and service provision in three European countries.

PubMed

Edworthy, Rachel; Sampson, Stephanie; Völlm, Birgit

2016-01-01

Laws governing the detention and treatment of mentally disordered offenders (MDOs) vary widely across Europe, yet little information is available about the features of these laws and their comparative advantages and disadvantages. The purpose of this article is to compare the legal framework governing detention in forensic psychiatric care in three European countries with long-established services for MDOs, England, Germany and the Netherlands. A literature review was conducted alongside consultation with experts from each country. We found that the three countries differ in several areas, including criteria for admission, review of detention, discharge process, the concept of criminal responsibility, service provision and treatment philosophy. Our findings suggest a profound difference in how each country relates to MDOs, with each approach contributing to different pathways and potentially different outcomes for the individual. Hopefully making these comparisons will stimulate debate and knowledge exchange on an international level to aid future research and the development of best practice in managing this population. Copyright © 2016 Elsevier Ltd. All rights reserved.

Legally invisible: stewardship for Aboriginal and Torres Strait Islander health

PubMed Central

Howse, Genevieve

2015-01-01

Abstract Objectives: The need to improve access to good health care for Aboriginal and Torres Strait Islander people has been the subject of policy debate for decades, but progress is hampered by complex policy and administrative arrangements and lack of clarity about the responsibilities of governments. This study aimed to identify the current legal basis of those responsibilities and define options available to Australian governments to enact enduring responsibility for Aboriginal health care. Methods: This study used a framework for public health law research and conducted a mapping study to examine the current legal underpinnings for stewardship and governance for Aboriginal health and health care. More than 200 pieces of health legislation were analysed in the context of the common and statutory law and health policy goals. Results: Very little specific recognition of the needs of Aboriginal people was found, and nothing that creates responsibility for stewardship and governance. The continuing absence of a legislative framework to address and protect Aboriginal health can be traced back to the founding doctrine of terra nullius (unoccupied land). Conclusions: We considered the results applying both a human rights perspective and the perspective of therapeutic jurisprudence. We suggest that national law for health stewardship would provide a strong foundation for progress, and should itself be based on recognition of Australia's First Peoples in the Australian Constitution, as is currently proposed. PMID:25903648

Applying the Visitor Experience and Resource Protection (VERP) framework to cultural resources in the national parks

Treesearch

William Valliere; Robert Manning

2003-01-01

The National Park Service has developed the Visitor Experience and Resource Protection (VERP) framework for addressing carrying capacity in the National Parks. This framework has been successfully applied to natural and recreational resources in diverse units of the National Park System. However, most units of the National Park System also contain significant cultural...

32 CFR Appendix to Part 145 - Legal Representation

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 1 2014-07-01 2014-07-01 false Legal Representation Appendix to Part 145... Part 145—Legal Representation 1. An employee or member of the Armed Forces asked to provide information (testimonial or documentary) to the OSC in the course of an investigation by that office may obtain legal...

32 CFR Appendix to Part 145 - Legal Representation

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 1 2012-07-01 2012-07-01 false Legal Representation Appendix to Part 145... Part 145—Legal Representation 1. An employee or member of the Armed Forces asked to provide information (testimonial or documentary) to the OSC in the course of an investigation by that office may obtain legal...

32 CFR Appendix to Part 145 - Legal Representation

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 1 2013-07-01 2013-07-01 false Legal Representation Appendix to Part 145... Part 145—Legal Representation 1. An employee or member of the Armed Forces asked to provide information (testimonial or documentary) to the OSC in the course of an investigation by that office may obtain legal...

32 CFR 727.6 - Functions of legal assistance officers.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Functions of legal assistance officers. 727.6 Section 727.6 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY PERSONNEL LEGAL... or opinions are the official views or opinions of, approved by, or binding on, the Department of the...

Viewing Health Equity through a Legal Lens: Title VI of the 1964 Civil Rights Act.

PubMed

Rosenbaum, Sara; Schmucker, Sara

2017-10-01

Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services. Enforcement efforts confront problems of proof, remedies whose effectiveness may be blunted by underlying residential segregation patterns, and a judiciary closed to legal challenges focusing on discriminatory impact rather than intentional discrimination. But Title VI enforcement has experienced a resurgence, with strategies that seek to use the law as a basic compliance tool across the range of federally assisted programs. This resurgence reflects an enduring commitment to more equitable outcomes in federally funded programs that bear directly on community health, and it stands as a testament to the vital importance of a legal framework designed to move the nation toward greater health equity. Copyright © 2017 by Duke University Press.

The Framework for the National Assessment of Educational Progress in Civics. ERIC Digest.

ERIC Educational Resources Information Center

Patrick, John J.

This digest briefly summarizes the contents of the "Civics Framework for the 1998 National Assessment of Educational Progress" in terms of the Framework's development and components including civic knowledge, civic skills, and civic dispositions. The framework may be used to inform and guide curriculum development projects in civics and…

36 CFR 215.7 - Legal notice of decision.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Legal notice of decision. 215..., COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.7 Legal notice of... Official shall publish a legal notice of any decision documented in a ROD or DN in the applicable newspaper...

36 CFR 215.7 - Legal notice of decision.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 36 Parks, Forests, and Public Property 2 2014-07-01 2014-07-01 false Legal notice of decision. 215..., COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.7 Legal notice of... Official shall publish a legal notice of any decision documented in a ROD or DN in the applicable newspaper...

First Nations, Metis and Inuit Education Policy Framework: Progress Report, 2008

ERIC Educational Resources Information Center

Alberta Education, 2008

2008-01-01

This progress report describes the work currently underway toward improving the success of First Nations, Metis and Inuit (FNMI) students in Alberta. It provides an update on the progress made since the release of the Framework in 2002 and the 2004 Progress Report up to December 31, 2007. Since the release of the Framework, a new Ministry of…

Key Considerations for an Economic and Legal Framework Facilitating Medical Travel

PubMed Central

Hinrichs-Krapels, Saba; Bussmann, Sarah; Dobyns, Christopher; Kácha, Ondřej; Ratzmann, Nora; Holm Thorvaldsen, Julie; Ruggeri, Kai

2016-01-01

Medical travel has the capacity to counter increasing costs of health care by creating new markets and increased revenue for health services, potentially benefiting local populations, economies, and health-care systems. This paper is part of a broad, comprehensive project aimed at developing a global health access policy (GHAP). It presents key issues to consider in terms of ensuring economic viability, sustainability, and limiting risk to the many stakeholders involved in the rapidly expanding industry of medical travel. The noted economic and legal barriers to medical travel are based on a synthesis of themes found in an extensive review of the available literature. Economic considerations, when setting up a GHAP, include a dynamic approach to pricing that is fair to the local population. Legal considerations include the implementation of international quality standards and the protection of the rights of those traveling as well as those of local populations in recipient countries. By taking into account these opportunities, the GHAP will more adequately address existing gaps in the economic and legal regulation of medical travel. PMID:27066467

Key Considerations for an Economic and Legal Framework Facilitating Medical Travel.

PubMed

Hinrichs-Krapels, Saba; Bussmann, Sarah; Dobyns, Christopher; Kácha, Ondřej; Ratzmann, Nora; Holm Thorvaldsen, Julie; Ruggeri, Kai

2016-01-01

Medical travel has the capacity to counter increasing costs of health care by creating new markets and increased revenue for health services, potentially benefiting local populations, economies, and health-care systems. This paper is part of a broad, comprehensive project aimed at developing a global health access policy (GHAP). It presents key issues to consider in terms of ensuring economic viability, sustainability, and limiting risk to the many stakeholders involved in the rapidly expanding industry of medical travel. The noted economic and legal barriers to medical travel are based on a synthesis of themes found in an extensive review of the available literature. Economic considerations, when setting up a GHAP, include a dynamic approach to pricing that is fair to the local population. Legal considerations include the implementation of international quality standards and the protection of the rights of those traveling as well as those of local populations in recipient countries. By taking into account these opportunities, the GHAP will more adequately address existing gaps in the economic and legal regulation of medical travel.

Legal Issues of Ambient Intelligence in the SERENITY Project

NASA Astrophysics Data System (ADS)

Krausová, Alžběta; Dumortier, Jos

The successful functionality of the solutions proposed by the SERENITY project will only be achieved when they fit into the existing legal framework. Therefore, when developing software and hardware solutions, developers must respect requirements set out by law. The aim of this chapter is to define legal challenges that arise with the advent of the Ambient Intelligence, and to explain how SERENITY deals with the challenge of legal compliance. To do this, we will first describe how the legal requirements are translated into a machinereadable form in the SERENITY project, and introduce the concept of so called legal patterns. The application of relevant legal principles on data protection will be illustrated using two particular scenarios. We will then focus on practical legal problems related to daily operations of SERENITY technical solutions. Finally, we conclude with an evaluation of the SERENITY approach and its outcomes

National Action Plan Vision for 2025: A Framework for Change

EPA Pesticide Factsheets

The National Action Plan Vision establishes a goal of achieving all cost-effective energy efficiency by 2025 and presents 10 implementation goals as a framework for advancing its five key policy recommendations.

An ORCID based synchronization framework for a national CRIS ecosystem.

PubMed

Mendes Moreira, João; Cunha, Alcino; Macedo, Nuno

2015-01-01

PTCRIS (Portuguese Current Research Information System) is a program aiming at the creation and sustained development of a national integrated information ecosystem, to support research management according to the best international standards and practices. This paper reports on the experience of designing and prototyping a synchronization framework for PTCRIS based on ORCID (Open Researcher and Contributor ID). This framework embraces the "input once, re-use often" principle, and will enable a substantial reduction of the research output management burden by allowing automatic information exchange between the various national systems. The design of the framework followed best practices in rigorous software engineering, namely well-established principles in the research field of consistency management, and relied on formal analysis techniques and tools for its validation and verification. The notion of consistency between the services was formally specified and discussed with the stakeholders before the technical aspects on how to preserve said consistency were explored. Formal specification languages and automated verification tools were used to analyze the specifications and generate usage scenarios, useful for validation with the stakeholder and essential to certificate compliant services.

“Better Not to Know?”: Justifiable Limits on the Right to Information in the Realm of DTC Genetic Testing. An Analysis of the European and Spanish Legal Framework.

PubMed

Martínez Otero, Juan María

2017-04-01

The rapid advance of genetics increases the availability in the market of different genetic tests, which can be acquired directly by consumers without the intermediation of a healthcare professional. Both the European and the Spanish legal framework have restricted the access to these direct-to-consumer (DTC) genetic tests on the grounds of different reasons, such as the protection of consumers or the preservation of public health. The present article discusses these legal restrictions under the light of the right to information.

Client Engagement in Legally-Mandated Addiction Treatment: A Prospective Study Using Self-Determination Theory.

PubMed

Wild, T Cameron; Yuan, Yan; Rush, Brian R; Urbanoski, Karen A

2016-10-01

Mixed evidence on the effectiveness of using legal referrals to leverage treatment participation may reflect unmeasured variability in client motivations for seeking care. We hypothesized that associations between legal referral and client engagement would be moderated by reasons that clients sought treatment, as conceptualized by self-determination theory (SDT). Adults entering a Western Canadian residential addiction treatment program (N=325; 49.2% male; 54.5% First Nations, Métis, or Inuit; 15.1% legally referred; M age=32.9 years, range=18-63, SD=10.3) rated the extent to which treatment was being sought because of coercive social pressures (external motivation; α=.85), guilt and shame about continued substance misuse (introjected motivation; α=.82), or a valued commitment to the goals of the program (identified motivation; α=.91). Six weeks later, clients rated their level of cognitive involvement in treatment (83.4% completion rate); chart reviews assessed retention status and number of days retained until drop-out. Multivariable Cox regression and logistic regression analyses showed that legally-mandated clients who reported low admission levels of identified or external treatment motivation were most likely to exhibit early dropout. Legally-mandated clients who reported high admission levels of introjected motivation were most likely to be retained in treatment with high cognitive involvement. SDT provides a useful framework for describing how associations between legal referral and client engagement in treatment vary, depending on their reasons for seeking care. Copyright © 2016 Elsevier Inc. All rights reserved.

National Qualification Frameworks: From Policy Borrowing to Policy Learning

ERIC Educational Resources Information Center

Chakroun, Borhene

2010-01-01

This article takes up the issue of the internationalisation of Vocational Education and Training (VET) reforms, expressed in the way policy instruments such as National Qualifications Frameworks (NQF) are introduced in the European Training Foundation's (ETF) partner countries. There is an international debate and different perspectives regarding…

Recreational marijuana legalization and college student use: Early evidence.

PubMed

Miller, Austin M; Rosenman, Robert; Cowan, Benjamin W

2017-12-01

We analyze marijuana use by college undergraduates before and after legalization of recreational marijuana. Using survey data from the National College Health Assessment, we show that students at Washington State University experienced a significant increase in marijuana use after legalization. This increase is larger than would be predicted by national trends. The change is strongest among females, Black students, and Hispanic students. The increase for underage students is as much as for legal-age students. We find no corresponding changes in the consumption of tobacco, alcohol, or other drugs.

[Medical-legal issues of physical and pharmacological restraint].

PubMed

Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

2014-03-01

The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

Security, development and human rights: normative, legal and policy challenges for the international drug control system.

PubMed

Barrett, Damon

2010-03-01

This commentary addresses some of the challenges posed by the broader normative, legal and policy framework of the United Nations for the international drug control system. The 'purposes and principles' of the United Nations are presented and set against the threat based rhetoric of the drug control system and the negative consequences of that system. Some of the challenges posed by human rights law and norms to the international drug control system are also described, and the need for an impact assessment of the current system alongside alternative policy options is highlighted as a necessary consequence of these analyses. Copyright (c) 2010 Elsevier B.V. All rights reserved.

"EU-on-Demand": Developing National Qualifications Frameworks in a Multi-Level Context

ERIC Educational Resources Information Center

Elken, Mari

2016-01-01

The development of comprehensive national qualifications frameworks (NQFs) across Europe has been sparked by the introduction of the European Qualifications Framework (EQF) in 2008. Taking an institutional perspective, this article examines the development of NQFs in three countries, in light of developments that have taken place at the European…

Genetic testing: medico-legal issues.

PubMed

Bird, Sara

2014-07-01

The availability and frequency of genetic testing is increasing. Genetic testing poses some unique ethical and legal issues for medical practitioners because of the potential to identify genetic variants that carry implications for the risk of disease in the future for the patient and their relatives. The regulatory framework within which genetic testing is provided in Australia is also changing. This article examines some medico-legal issues associated with genetic testing that general practitioners (GPs) are likely encounter in their practices. There is inevitable involvement of the GP in the long term care of a patient (and possibly their family) following genetic testing, regardless of whether or not the GP has ordered the testing. Cases are presented to illustrate some of the medico-legal issues that may arise from direct-to-consumer genetic testing, information disclosure to genetic relatives and requests for parentage testing.

The precautionary principle in fisheries management under climate change: How the international legal framework formulate it?

NASA Astrophysics Data System (ADS)

Latifah, E.; Imanullah, M. N.

2018-03-01

One of the objectives of fisheries management is to reach long-term sustainable benefits of the fish stocks while reducing the risk of severe or irreversible damage to the marine ecosystem. Achieving this objective needs, the good scientific knowledge and understanding on fisheries management including scientific data and information on the fish stock, fishing catch, distribution, migration, the proportion of mature fish, the mortality rate, reproduction as well as the knowledge on the impact of fishing on dependent and associated species and other species belonging to the same ecosystem, and further the impact of climate change and climate variability on the fish stocks and marine ecosystem. Lack of this scientific knowledge may lead to high levels of uncertainty. The precautionary principle is one of the basic environmental principles needed in overcoming this problem. An essence of this principle is that, in facing the serious risk as a result of the limited scientific knowledge or the absence of complete evidence of harm, it should not prevent the precautionary measures in minimizing risks and protecting the fish stocks and ecosystem. This study aims to examine how the precautionary principle in fisheries management be formulated into the international legal framework, especially under the climate change framework.

Global Inventory of Regional and National Qualifications Frameworks. Volume I: Thematic Chapters

ERIC Educational Resources Information Center

Deij, Arjen; Graham, Michael; Bjornavold, Jens; Grm, Slava Pevec; Villalba, Ernesto; Christensen, Hanne; Chakroun, Borhene; Daelman, Katrien; Carlsen, Arne; Singh, Madhu

2015-01-01

The "Global Inventory of Regional and National Qualifications Frameworks," the result of collaborative work between the European Training Foundation (ETF), the European Centre for the Development of Vocational Training (Cedefop), UNESCO [United Nations Educational, Scientific and Cultural Organization] and UIL [UNESCO Institute for…

Development and testing of a new framework for rapidly assessing legal and managerial protection afforded by marine protected areas: Mediterranean Sea case study.

PubMed

Rodríguez-Rodríguez, D; Rodríguez, J; Abdul Malak, D

2016-02-01

The Convention on Biological Diversity (CBD) states the need to effectively conserve at least 10% of coastal and marine areas of particular importance for biodiversity by 2020. Here, a new indicator-based methodological framework to assess biodiversity protection afforded by marine protected areas' (MPA) was developed as a quick surrogate for MPAs' potential conservation effectiveness: the Marine Protected Area Protection Assessment Framework (MaPAF). The MaPAF consists of a limited number of headline indicators that are integrated in two indexes: Legal protection and Management effort, which eventually integrate in the overall MPA Protection super-index. The MaPAF was then tested in the Mediterranean MPA network as a case study. Spatial analyses were performed at three meaningful scales: the whole Mediterranean Sea, Mediterranean ecoregions and countries. The results of this study suggest that: 1) The MaPAF can serve as a useful tool for consistent, adaptive, quick and cost-effective MPA effectiveness assessments of MPAs and MPA networks in virtually any marine region, as the headline indicators used are commonly compiled and easy to retrieve; 2) The MaPAF proved usable and potentially relevant in the Mediterranean Sea where most indicators in the framework can be publicly accessed through the MAPAMED database and are planned to be regularly updated; 3) Protection afforded by MPAs is low across the whole Mediterranean, with only few MPAs having relatively high legal and managerial protection; and 4) Most Mediterranean countries need to devote substantially more work to improve MPA effectiveness mainly through increased management effort. Copyright © 2015 Elsevier Ltd. All rights reserved.

School Safety & the Legal Community.

ERIC Educational Resources Information Center

Nicholson, George; And Others

The role of the legal community in ensuring school safety is discussed, and effective antischool-crime programs involving attorneys and judges are described. Introductory passages comment on the overall role of courts and lawyers in education, the current national concern over crime and violence in schools, and national and California initiatives…

Cross-border issues in the development of medical tourism in Malaysia: legal challenges and opportunities.

PubMed

Nemie, Puteri; Kassim, Jahn

2009-08-01

Strategically located at the crossroads of Asia, Malaysia has become one of the key players in the fast-growing and lucrative market for health care services in Asia. Medical travel across international boundaries has been made possible through affordable airfares and the favourable exchange rates of the Malaysian ringgit has contributed to the rise of the "medical tourism phenomenon" where medical travel is combined with visiting popular tourist destinations in Malaysia. Further, competitive medical fees and modern medical facilities have also made Malaysia a popular destination for medical tourists. Nevertheless, the increased number of foreign patients has opened up possibilities of Malaysian health care providers being subjected to malpractice claims and triggering a myriad of cross-border legal issues. Presently, there is no internationally accepted legal framework to regulate medical tourism and issues of legal redress in relation to unsatisfactory provision of treatment across international boundaries. The economic benefits of medical tourism must be based upon a solid legal regulatory framework and strong ethical standards as well as upon high-quality medical and health care services. It is therefore important to assess the existing legal framework affecting the development of medical tourism in Malaysia in order to explore the gaps, deficiencies and possibilities for legal and regulatory reform.

Nutritional Guidelines and Fermented Food Frameworks

PubMed Central

Bell, Victoria; Ferrão, Jorge; Fernandes, Tito

2017-01-01

This review examines different nutritional guidelines, some case studies, and provides insights and discrepancies, in the regulatory framework of Food Safety Management of some of the world’s economies. There are thousands of fermented foods and beverages, although the intention was not to review them but check their traditional and cultural value, and if they are still lacking to be classed as a category on different national food guides. For understanding the inconsistencies in claims of concerning fermented foods among various regulatory systems, each legal system should be considered unique. Fermented foods and beverages have long been a part of the human diet, and with further supplementation of probiotic microbes, in some cases, they offer nutritional and health attributes worthy of recommendation of regular consumption. Despite the impact of fermented foods and beverages on gastro-intestinal wellbeing and diseases, their many health benefits or recommended consumption has not been widely translated to global inclusion in world food guidelines. In general, the approach of the legal systems is broadly consistent and their structures may be presented under different formats. African traditional fermented products are briefly mentioned enhancing some recorded adverse effects. Knowing the general benefits of traditional and supplemented fermented foods, they should be a daily item on most national food guides. PMID:28783111

14 CFR § 1203.100 - Legal basis.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Legal basis. § 1203.100 Section § 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 13526 (hereinafter referred to as “the Order”). The...

Abortion Rights Legal Mobilization in the Peruvian Media, 1990-2015.

PubMed

Gianella, Camila

2017-06-01

State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization-in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República , between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media's agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed.

Legalization of drugs of abuse and the pediatrician.

PubMed

Schwartz, R H

1991-10-01

Growing numbers of individuals are proposing that drugs be legalized in the United States, with claims that federal, state, and local efforts to prohibit the use of illicit drugs are irrational and unenforceable. "Drug reform" advocates include persons of all political persuasions. Ironically, the call for drug reform comes at a time when trends in drug abuse, as reflected in national and state surveys, show a promising decline. It also is contradictory to at least one recent public opinion poll, in which respondents opposed the legalization of marijuana by a five-to-one margin. While their position is by no means unanimous, proponents of drug reform generally base their arguments on several key premises, such as elimination of or reductions in drug trafficking, enforcement, and interdiction expenditures; increased tax revenues from the legal sale of drugs; and reductions in health-care expenses associated with drug treatment. Reform advocates further claim that legalization would not be followed by an increase in drug use. The validity of each of these arguments is highly questionable. Legalization is a simplistic, short-sighted solution to a complex issue with public health, economic, criminal justice, and societal ramifications. Legalization would, moreover, abrogate the position taken in 1961 by the United States and 114 other nations in ratifying the United Nations Single Convention on Narcotic Drugs. The impact of drug reform merits an unbiased study by an independent agency. Until that time, pediatricians should inform themselves of the arguments for and against drug reform and be prepared to educate patients and their families about the issue.

Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

PubMed

Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

2017-01-28

As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

Legal Time of the Republic of Colombia and its international traceability using the Cesium Atomic Clock - Time and Frequency National Standard

NASA Astrophysics Data System (ADS)

Hernández Forero, Liz Catherine; Bahamón Cortés, Nelson

2017-06-01

Around the world, there are different providers of timestamp (mobile, radio or television operators, satellites of the GPS network, astronomical measurements, etc.), however, the source of the legal time for a country is either the national metrology institute or another designated laboratory. This activity requires a time standard based on an atomic time scale. The International Bureau of Weights and Measures (BIPM) calculates a weighted average of the time kept in more than 60 nations and produces a single international time scale, called Coordinated Universal Time (UTC). This article presents the current time scale that generates Legal Time for the Republic of Colombia produced by the Instituto Nacional de Metrología (INM) using the time and frequency national standard, a cesium atomic oscillator. It also illustrates how important it is for the academic, scientific and industrial communities, as well as the general public, to be synchronized with this time scale, which is traceable to the International System (SI) of units, through international comparisons that are made in real time.

Recommendations on chemicals management policy and legislation in the framework of the Egyptian-German twinning project on hazardous substances and waste management.

PubMed

Wagner, Burkhard O; Aziz, Elham Refaat Abdel; Schwetje, Anja; Shouk, Fatma Abou; Koch-Jugl, Juliane; Braedt, Michael; Choudhury, Keya; Weber, Roland

2013-04-01

The sustainable management of chemicals and their associated wastes-especially legacy stockpiles-is always challenging. Developing countries face particular difficulties as they often have insufficient treatment and disposal capacity, have limited resources and many lack an appropriate and effective regulatory framework. This paper describes the objectives and the approach of the Egyptian-German Twinning Project under the European Neighbourhood Policy to improve the strategy of managing hazardous substances in the Egyptian Environmental Affairs Agency (EEAA) between November 2008 and May 2011. It also provides an introduction to the Republic of Egypt's legal and administrative system regarding chemical controls. Subsequently, options for a new chemical management strategy consistent with the recommendations of the United Nations Chemicals Conventions are proposed. The Egyptian legal and administrative system is discussed in relation to the United Nations' recommendations and current European Union legislation for the sound management of chemicals. We also discuss a strategy for the EEAA to use the existing Egyptian legal system to implement the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals, the Stockholm Convention and other proposed regulatory frameworks. The analysis, the results, and the recommendations presented may be useful for other developing countries in a comparable position to Egypt aspiring to update their legislation and administration to the international standards of sound management of chemicals.

Expanding the frontiers of national qualifications frameworks through lifelong learning

NASA Astrophysics Data System (ADS)

Owusu-Agyeman, Yaw

2017-10-01

The adoption of a national qualifications framework (NQF) by some governments in all world regions has shown some success in the area of formal learning. However, while NQFs continue to enhance formal learning in many countries, the same cannot be said for the recognition, validation and accreditation (RVA) of non-formal and informal learning. Focusing on competency-based technical and vocational education and training (TVET) within its NQF, Ghana introduced the National Technical and Vocational Education and Training Qualifications Framework (NTVETQF) as a sub-framework in 2012. In the wake of the NTVETQF's limited success, the author of this article reasons that a lifelong learning approach could enhance its effectiveness considerably. Comparing national and international policies, he argues that the NTVETQF should be able to properly address the issues of progression from informal and non-formal to formal modes of lifelong learning within the country's broad context of education. In addition, the study conceptualises the integration of lifelong learning within a broad NQF in four key domains: (1) individual; (2) institutional; (3) industry; and (4) state. The author concludes that, for the NTVETQF to achieve its goal of facilitating access to further education and training while also promoting lifelong learning for all (including workers in the informal economy), effective integration of all modes of lifelong learning is required. Although this entails some challenges, such as recognition of prior learning and validation of all modes of learning, it will help to widen access to education as well as providing individuals with a pathway for achieving their educational aspirations.

The socio-legal acceptance of new technologies: a close look at artificial insemination.

PubMed

Bernstein, Gaia

2002-10-01

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.

The Impact and Implementation of National Qualifications Frameworks: A Comparison of 16 Countries

ERIC Educational Resources Information Center

Allais, Stephanie M.

2011-01-01

This article provides some of the key findings of a comparative study commissioned by the International Labour Organization (ILO), which attempted to understand more about the impact and implementation of national qualifications frameworks (NQFs). Sixteen case studies were produced, on qualifications frameworks in Australia; Bangladesh; Botswana;…

[Legal aspects and the treatment procedure of gender dysphoria in Hungary].

PubMed

Kórász, Krisztián

2015-07-26

The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

Developing Inclusive Practice in Scotland: The National Framework for Inclusion

ERIC Educational Resources Information Center

Barrett, Louise; Beaton, Mhairi; Head, George; McAuliffe, Lisa; Moscardini, Lio; Spratt, Jennifer; Sutherland, Margaret

2015-01-01

This paper reports on the collaborative development of a "National Framework for Inclusion" under the auspices of the Scottish Teacher Education Committee by a working party representing each of the Scottish Universities providing initial teacher education. Recent research, international legislation and Scottish education policy have…

Towards a European code of medical ethics. Ethical and legal issues.

PubMed

Patuzzo, Sara; Pulice, Elisabetta

2017-01-01

The feasibility of a common European code of medical ethics is discussed, with consideration and evaluation of the difficulties such a project is going to face, from both the legal and ethical points of view. On the one hand, the analysis will underline the limits of a common European code of medical ethics as an instrument for harmonising national professional rules in the European context; on the other hand, we will highlight some of the potentials of this project, which could be increased and strengthened through a proper rulemaking process and through adequate and careful choice of content. We will also stress specific elements and devices that should be taken into consideration during the establishment of the code, from both procedural and content perspectives. Regarding methodological issues, the limits and potentialities of a common European code of medical ethics will be analysed from an ethical point of view and then from a legal perspective. The aim of this paper is to clarify the framework for the potential but controversial role of the code in the European context, showing the difficulties in enforcing and harmonising national ethical rules into a European code of medical ethics. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

Dementia and legal competency.

PubMed

Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

2011-06-01

execution, language difficulties, loosing perception of time and space, changes in mood and behaviour, personality alterations, loss of interests and initiative). Towards more accurate determination of legal competency the psychometric tests are being used. The appliance of these tests must be guided with basic question during evaluation: "For what is or is not he/she capable?" In prediction of possible dementia development, the modern diagnostic procedures are used as help for potentially demented individuals in order to plan own affairs and by oneself determine future guardian. This ensures the maximal respect and protection of rights among persons with dementia in order to independently manage life one step ahead of progressive illness. Finally, it is to be distinguished medical concept of legal capacity which is universal and judicial concept which is restricted by rules of national legal system differing from country to country.

14 CFR 1209.305 - Legal advice and assistance.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false Legal advice and assistance. 1209.305 Section 1209.305 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BOARDS AND COMMITTEES Contract Adjustment Board § 1209.305 Legal advice and assistance. The General Counsel of NASA shall provide...

14 CFR 1209.305 - Legal advice and assistance.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Legal advice and assistance. 1209.305 Section 1209.305 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BOARDS AND COMMITTEES Contract Adjustment Board § 1209.305 Legal advice and assistance. The General Counsel of NASA shall provide...

14 CFR 1209.305 - Legal advice and assistance.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Legal advice and assistance. 1209.305 Section 1209.305 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BOARDS AND COMMITTEES Contract Adjustment Board § 1209.305 Legal advice and assistance. The General Counsel of NASA shall provide...

A national framework for monitoring and reporting on environmental sustainability in Canada.

PubMed

Marshall, I B; Scott Smith, C A; Selby, C J

1996-01-01

In 1991, a collaborative project to revise the terrestrial component of a national ecological framework was undertaken with a wide range of stakeholders. This spatial framework consists of multiple, nested levels of ecological generalization with linkages to existing federal and provincial scientific databases. The broadest level of generalization is the ecozone. Macroclimate, major vegetation types and subcontinental scale physiographic formations constitute the definitive components of these major ecosystems. Ecozones are subdivided into approximately 200 ecoregions which are based on properties like regional physiography, surficial geology, climate, vegetation, soil, water and fauna. The ecozone and ecoregion levels of the framework have been depicted on a national map coverage at 1:7 500 000 scale. Ecoregions have been subdivided into ecodistricts based primarily on landform, parent material, topography, soils, waterbodies and vegetation at a scale (1:2 000 000) useful for environmental resource management, monitoring and modelling activities. Nested within the ecodistricts are the polygons that make up the Soil Landscapes of Canada series of 1:1 000 000 scale soil maps. The framework is supported by an ARC-INFO GIS at Agriculture Canada. The data model allows linkage to associated databases on climate, land use and socio-economic attributes.

Cross-Border Quest: The Reality and Legality of Transplant Tourism

PubMed Central

Ambagtsheer, Frederike; Zaitch, Damián; van Swaaningen, René; Duijst, Wilma; Zuidema, Willij; Weimar, Willem

2012-01-01

Background. Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians. Methods. The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism. Results. All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove. Conclusions. Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified. PMID:22655168

Cross-border quest: the reality and legality of transplant tourism.

PubMed

Ambagtsheer, Frederike; Zaitch, Damián; van Swaaningen, René; Duijst, Wilma; Zuidema, Willij; Weimar, Willem

2012-01-01

Background. Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians. Methods. The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism. Results. All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove. Conclusions. Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified.

National Framework of Professional Standards for Change Leadership in Education

ERIC Educational Resources Information Center

Duffy, Francis M.

2009-01-01

The ten professional standards form what Francis Duffy refers to as a "National Framework of Professional Standards for Change Leadership in Education." Each standard has examples of the knowledge, skills, and dispositions that the research suggests are important for effective change leadership. Duffy's hope is that this proposed…

Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015

PubMed Central

Gianella, Camila

2017-01-01

Abstract State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization—in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República, between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media’s agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed. PMID:28630547

Competency and capacity: the legal and medical interface.

PubMed

Purser, Kelly; Magner, Eilis S; Madison, Jeanne

2009-05-01

The loss of legal competency, in the context of wills, enduring powers of attorney and advance directives, presents a challenge to individual autonomy. Both legal and medical practitioners have roles to play in determining when, and if, to infringe upon a person's sovereignty in order to provide for their protection. However, there is some evidence that inter-professional discussions are characterised by tension. Medical expertise is necessary to assess physical and mental capacity, but the legal concern is with competency, two distinct terms. It is argued here that cooperation between the legal and medical professions is essential in this area of practice. This article attempts to promote discussion of this objective by proposing therapeutic jurisprudence as a theoretical framework in which to reassess competency determinations, by reviewing the institutional structure and by suggesting that the adoption of a common and consistent terminology is essential.

Why the South African NQF Failed: Lessons for Countries Wanting to Introduce National Qualifications Frameworks

ERIC Educational Resources Information Center

Allais, Stephanie Matseleng

2007-01-01

This article examines the South African National Qualifications Framework as a case study of a particular approach to the design of qualifications frameworks, which revolves around the specification of learning outcomes separate from educational institutions or programmes. It shows how an outcomes-led qualifications framework was seen as a…

Expanding the Frontiers of National Qualifications Frameworks through Lifelong Learning

ERIC Educational Resources Information Center

Owusu-Agyeman, Yaw

2017-01-01

The adoption of a national qualifications framework (NQF) by some governments in all world regions has shown some success in the area of formal learning. However, while NQFs continue to enhance "formal" learning in many countries, the same cannot be said for the recognition, validation and accreditation (RVA) of "non-formal"…

Analysis of public policies in favor of the elderly people in Senegal: state of legal protection.

PubMed

Ka, Ousseynou; Seck, Ibrahima; Coumé, Mamadou; Thiongane, Bassirou; Mbaye, El Hadji; Dia, Anta Tal

2018-03-01

Senegal will be spared by phenomenon of population ageing, which will surely have socioeconomic and cultural consequences that will not be easy to tackle, as all sectors will be affected. In regard to legal protection, there are not any special legal acts for the elderly as is the case for children and women. They are treated just as responsible adults whose legal status is the same as everyone else. As far as the framework of legal protection of elderly people is concerned, Senegal has ratified all international and regional means and mecanisms for the protection of the rights of the elderly. In addition, the authorities have adopted policies and programs that favor taking charge of old people's interests. At the present, Senegal possesses a legal framework for the protection of its elderly people. So the matter is about creating new rights, because even the existing rights are not known to their beneficiaries. What is important is to ensure that the elderly fully enjoy their rights in the same way as the other members of society. It is wise, therefore, to put in place plan for information, public awareness and communication concerning the legal regulating framework. Thus, Senegal could be regarded as a pioneer in terms of the protection the elderly, and these leading programs can represent models for the countries of the region, whose social, sanitary and economic contexts are similar.

Searching the Future for the Legal Regime of Space Activities: the Need for Unification of National Space Legislation' Provisions

NASA Astrophysics Data System (ADS)

Negoda, S. A.

2002-01-01

space activities. For the future legal regime of space activities it is vital to preserve the existed principles and main provisions of the international space law. related legislations are developing rapidly. They become serious instrument for legal regulation of space activities. those projects with a foreign party involvement. Quite often partners in international space projects agree to choice a domestic law of one of them. They do this for defining a certain organizational and/or contractual issue (disputes settlement, for example) of the project. that such practice will spread widely. could help to preserve the existed important provisions of international space law (responsibility of states for their national activities, for instance). development of international space private law. We believe that solely special laws and regulations of national legislations could not regulate modern space activities. Being more and more commercial, space activities are becoming a real part of "downed to Earth" commercial activities. Therefore, in many countries provisions of civil, commercial, investment and other branches of national law are applied to such activities. which could low possible risks of such activities and to control them. Such unification seems to be suitable in the following fields: 1)implementation of provisions of international space law in national space laws; 2)definition of unified terminology, accepted by national laws of all parties; 3)unification in national legislations of a certain standards (insurance rates and rules, for instance); 4)unification in national laws of issues related to liability (for instance, a mutual wave of liability in certain types of 5)implementation in national laws of unified rules and procedures of space-related commercial disputes settlement; 6)unification of mechanisms for protection of space-related intellectual property. unification of their provisions. Special attention is paid to provisions of private law

Policy implementation in practice: the case of national service frameworks in general practice.

PubMed

Checkland, Kath; Harrison, Stephen

2004-10-01

National Service Frameworks are an integral part of the government's drive to 'modernise' the NHS, intended to standardise both clinical care and the design of the services used to deliver that clinical care. This article uses evidence from qualitative case studies in three general practices to illustrate the difficulties associated with the implementation of such top-down guidelines and models of service. In these studies it was found that, while there had been little explicit activity directed at implementation overall, the National Service Framework for coronary heart disease had in general fared better than that for older people. Gunn's notion of 'perfect implementation' is used to make sense of the findings.

Economics Framework for the 2006 National Assessment of Educational Progress

ERIC Educational Resources Information Center

Buckles, Stephen; Melican, Claire

2006-01-01

This document provides a guide for the development of the 2006 National Assessment of Educational Progress (NAEP) Economics Assessment. The framework is designed to assess the outcomes of student education in and understanding of economics in grade 12 as part of NAEP. Economic literacy is defined as the ability to identify, analyze, and evaluate…

Elder abuse and neglect: challenges and directions for legal reform.

PubMed

Breedon, Laura

2010-09-01

The last two decades have heralded an increased community and professional awareness of the phenomenon of elder abuse and the challenges it poses to the enjoyment of the human rights of some older people. The contemporary Australian legal system provides many of the components of a framework required to assist in the promotion of the rights of the elderly and in the prevention and remedy of elder abuse. This framework acts in concert with health and community services dedicated to the advancement of health and wellbeing into old age. In the future, the acknowledgment and adoption of international legal principles which are directed to the needs of the elderly, the reform of existing domestic legislation and the development of new elder-specific statutes may all impact upon the incidence and consequences of elder abuse. To date, no Australian jurisdiction has adopted a legislative regime targeted specifically at the issues confronting older Australians who may be vulnerable to abuse and neglect. This column looks at some of the options for legal reform in this area.

Exploring the Practical Adequacy of the Normative Framework Guiding South Africa's National Curriculum Statement

ERIC Educational Resources Information Center

Lotz-Sisikta, Heila; Schudel, Ingrid

2007-01-01

This article examines the practical adequacy of the recent defining of a normative framework for the South African National Curriculum Statement that focuses on the relationship between human rights, social justice and a healthy environment. This politically framed and socially critical normative framework has developed in response to…

32 CFR 516.16 - Individual and supervisory procedures upon commencement of legal proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Individual and supervisory procedures upon commencement of legal proceedings. 516.16 Section 516.16 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings...

32 CFR 516.16 - Individual and supervisory procedures upon commencement of legal proceedings.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Individual and supervisory procedures upon commencement of legal proceedings. 516.16 Section 516.16 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings...

Legal and regulatory capacity to support the global health security agenda.

PubMed

Morhard, Ryan; Katz, Rebecca

2014-01-01

On February 13, 2014, 27 nations, along with 3 international organizations, launched the Global Health Security Agenda (GHSA). The intent of GHSA is to accelerate progress in enabling countries around the world to prevent, detect, and respond to public health emergencies-capacities to be achieved through 9 core objectives. Building national, regional, and international capacity includes creating strong legal and regulatory regimes to support national and international capacities to prevent, detect, and respond to public health emergencies. Accordingly, establishing and reinforcing international and national-level legal preparedness is central to advancing elements of each of the 9 objectives of the GHSA.

Beyond the theoretical rhetoric: a proposal to study the consequences of drug legalization.

PubMed

Yacoubian, G S

2001-01-01

Drug legalization is a frequently-debated drug control policy alternative. It should come as little surprise, therefore, that the arguments in favor of both legalization and prohibition have resulted in a conceptual stalemate. While theoretical deliberations are unquestionably valuable, they seem to have propelled this particular issue to its limit. To date, no works have suggested any empirical studies that might test the framework and potential consequences of drug legalization. In the current study, the arguments surrounding the drug legalization debate are synthesized into a proposal for future research. Such a proposal illustrates that the core elements surrounding drug legalization are not only testable, but that the time may be right to consider such an empirical effort.

Legal aspects of satellite teleconferencing

NASA Technical Reports Server (NTRS)

Smith, D. D.

1971-01-01

The application of satellite communications for teleconferencing purposes is discussed. The legal framework within which such a system or series of systems could be developed is considered. The analysis is based on: (1) satellite teleconferencing regulation, (2) the options available for such a system, (3) regulatory alternatives, and (4) ownership and management aspects. The system is designed to provide a capability for professional education, remote medical diagnosis, business conferences, and computer techniques.

14 CFR § 1209.305 - Legal advice and assistance.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Legal advice and assistance. § 1209.305 Section § 1209.305 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BOARDS AND COMMITTEES Contract Adjustment Board § 1209.305 Legal advice and assistance. The General Counsel of NASA...

HIV, drugs and the legal environment

PubMed Central

Strathdee, Steffanie A.; Beletsky, Leo; Kerr, Thomas

2014-01-01

A large body of scientific evidence indicates that policies based solely on law enforcement without taking into account public health and human rights considerations increase the health risks of people who inject drugs (PWIDs) and their communities. Although formal laws are an important component of the legal environment supporting harm reduction, it is the enforcement of the law that affects PWIDs' behavior and attitudes most acutely. This commentary focuses primarily on drug policies and policing practices that increase PWIDs' risk of acquiring HIV and viral hepatitis, and avenues for intervention. Policy and legal reforms that promote public health over the criminalization of drug use and PWID are urgently needed. This should include alternative regulatory frameworks for illicit drug possession and use. Changing legal norms and improving law enforcement responses to drug-related harms requires partnerships that are broader than the necessary bridges between criminal justice and public health sectors. HIV prevention efforts must partner with wider initiatives that seek to improve police professionalism, accountability, and transparency and boost the rule of law. Public health and criminal justice professionals can work synergistically to shift the legal environment away from one that exacerbates HIV risks to one that promotes safe and healthy communities. PMID:25265900

The Legal Framework for Care and Treatment of the Mentally Ill. Staff Brief 86-7.

ERIC Educational Resources Information Center

Russell, Pam

This report was prepared for the Wisconsin State Legislative Council's Special Committee on Mental Health Issues. It summarizes legal issues and procedures relating to the admission, commitment, and treatment of the mentally ill in Wisconsin. Part I sets forth legal definitions of certain key mental health terms, including mental illness as it is…

Responding to violence against women: social science contributions to legal solutions.

PubMed

Portwood, Sharon G; Heany, Julia Finkel

2007-01-01

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

Key principles for a national clinical decision support knowledge sharing framework: synthesis of insights from leading subject matter experts

PubMed Central

Hongsermeier, Tonya; Wright, Adam; Lewis, Janet; Bell, Douglas S; Middleton, Blackford

2013-01-01

Objective To identify key principles for establishing a national clinical decision support (CDS) knowledge sharing framework. Materials and methods As part of an initiative by the US Office of the National Coordinator for Health IT (ONC) to establish a framework for national CDS knowledge sharing, key stakeholders were identified. Stakeholders' viewpoints were obtained through surveys and in-depth interviews, and findings and relevant insights were summarized. Based on these insights, key principles were formulated for establishing a national CDS knowledge sharing framework. Results Nineteen key stakeholders were recruited, including six executives from electronic health record system vendors, seven executives from knowledge content producers, three executives from healthcare provider organizations, and three additional experts in clinical informatics. Based on these stakeholders' insights, five key principles were identified for effectively sharing CDS knowledge nationally. These principles are (1) prioritize and support the creation and maintenance of a national CDS knowledge sharing framework; (2) facilitate the development of high-value content and tooling, preferably in an open-source manner; (3) accelerate the development or licensing of required, pragmatic standards; (4) acknowledge and address medicolegal liability concerns; and (5) establish a self-sustaining business model. Discussion Based on the principles identified, a roadmap for national CDS knowledge sharing was developed through the ONC's Advancing CDS initiative. Conclusion The study findings may serve as a useful guide for ongoing activities by the ONC and others to establish a national framework for sharing CDS knowledge and improving clinical care. PMID:22865671

Key principles for a national clinical decision support knowledge sharing framework: synthesis of insights from leading subject matter experts.

PubMed

Kawamoto, Kensaku; Hongsermeier, Tonya; Wright, Adam; Lewis, Janet; Bell, Douglas S; Middleton, Blackford

2013-01-01

To identify key principles for establishing a national clinical decision support (CDS) knowledge sharing framework. As part of an initiative by the US Office of the National Coordinator for Health IT (ONC) to establish a framework for national CDS knowledge sharing, key stakeholders were identified. Stakeholders' viewpoints were obtained through surveys and in-depth interviews, and findings and relevant insights were summarized. Based on these insights, key principles were formulated for establishing a national CDS knowledge sharing framework. Nineteen key stakeholders were recruited, including six executives from electronic health record system vendors, seven executives from knowledge content producers, three executives from healthcare provider organizations, and three additional experts in clinical informatics. Based on these stakeholders' insights, five key principles were identified for effectively sharing CDS knowledge nationally. These principles are (1) prioritize and support the creation and maintenance of a national CDS knowledge sharing framework; (2) facilitate the development of high-value content and tooling, preferably in an open-source manner; (3) accelerate the development or licensing of required, pragmatic standards; (4) acknowledge and address medicolegal liability concerns; and (5) establish a self-sustaining business model. Based on the principles identified, a roadmap for national CDS knowledge sharing was developed through the ONC's Advancing CDS initiative. The study findings may serve as a useful guide for ongoing activities by the ONC and others to establish a national framework for sharing CDS knowledge and improving clinical care.

K-12 Students with Concussions: A Legal Perspective

ERIC Educational Resources Information Center

Zirkel, Perry A.; Brown, Brenda Eagan

2015-01-01

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…

Characteristics of illegal and legal cigarette packs sold in Guatemala.

PubMed

Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

2016-11-25

Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p < 0.001) and were less expensive than legal ones (USD 0.70 ± 0.7 and 1.9 ± 1.8, p < 0.001). In Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.

Regulating the helping hand: improving legal preparedness for cross-border disaster medicine.

PubMed

Fisher, David

2010-01-01

Medical care is a highly regulated field in nearly every country. Therefore, it is not surprising that legal issues regularly arise in cross-border disaster operations that have with the potential to profoundly impact the effectiveness of international assistance. Little attention has been paid to preparing for and addressing these kinds of issues. This paper will report on research by the International Federation of Red Cross and Red Crescent Societies (IFRC) on International Disaster Response Law, and discuss new developments in the international legal framework for addressing these issues. For seven years, the IFRC has studied legal issues in cross-border disaster assistance. Its activities have included several dozen case studies, a global survey of governments and humanitarian stakeholders, and a series of meetings and high-level conferences. The IFRC has found a consistent set of regulatory problems in major disaster relief operations related to the entry and regulation of international relief. These include some issues specific to the health field, such as the regulation of drug donations and the recognition of foreign medical qualifications. To address the gaps in domestic and international regulatory structures, the IFRC spearheaded the development of new international guidelines. The legal risks for international health providers in disaster settings are real and should be better integrated into program planning. Governments must become more proactive in ensuring that legal frameworks are flexible enough to mitigate these problems.

Legal Linguistics as a Mutual Arena for Cooperation: Recent Developments in the Field of Applied Linguistics and Law

ERIC Educational Resources Information Center

Engberg, Jan

2013-01-01

This article reports on some of the recent projects and individual works in the field of Legal Linguistics as examples of cooperation between Applied Linguistics and law. The article starts by discussing relevant prototypical concepts of Legal Linguistics. Legal Linguistics scrutinizes interactions between human beings in the framework of legal…

Evaluating medico-legal decisional competency criteria.

PubMed

Whiting, Demian

2015-06-01

In this paper I get clearer on the considerations that ought to inform the evaluation and development of medico-legal competency criteria-where this is taken to be a question regarding the abilities that ought to be needed for a patient to be found competent in medico-legal contexts. In the "Decisional Competency in Medico-Legal Contexts" section I explore how the question regarding the abilities that ought to be needed for decisional competence is to be interpreted. I begin by considering an interpretation that takes the question to be asking about the abilities needed to satisfy an idealized view of competent decision-making, according to which decisional competency is a matter of possessing those abilities or attributes that are needed to engage in good or effective or, perhaps, substantially autonomous or rational decision-making. The view has some plausibility-it accords with the way decisional competency is understood in a number of everyday contexts-but fails as an interpretation of the question regarding the abilities that should be needed for decisional competence in medico-legal contexts. Nevertheless, consideration of why it is mistaken suggests a more accurate interpretation and points the way in which the question regarding the evaluation of medico-legal competency criteria is to be answered. Building on other scholarly work in the area, I outline in the "Primary and Secondary Requirements" section several requirements that decisional competence criteria ought to satisfy. Then, in the "Applying the Framework" section, I say something about the extent to which medico-legal competency criteria, as well as some models of decisional competency proposed in the academic literature, fulfil those requirements.

Decision Regulation Impact Statement for Changes to the National Quality Framework

ERIC Educational Resources Information Center

Education Council, 2017

2017-01-01

The purpose of this Decision Regulation Impact Statement (Decision RIS) is to recommend preferred options for improving the National Quality Framework for Early Childhood Education and Care. The Decision RIS follows the public release of the Consultation RIS and incorporates stakeholders' views and comments received during the ten week stakeholder…

The Road to Psychological Safety: Legal, Scientific, and Social Foundations for a Canadian National Standard on Psychological Safety in the Workplace

ERIC Educational Resources Information Center

Shain, Martin; Arnold, Ian; GermAnn, Kathy

2012-01-01

In Part 1 of this article, the legal and scientific origins of the concept of psychological safety are examined as background to, and support for, the new Canadian National Standard on Psychological Health and Safety in the Workplace (CSA Z1003/BNQ 9700). It is shown that five factors influencing psychological safety can be identified as being…

Technological innovations in forensic genetics: social, legal and ethical aspects.

PubMed

Wienroth, Matthias; Morling, Niels; Williams, Robin

2014-01-01

This paper discusses the nature of four waves of technological innovations in forensic genetics alongside the social, legal and ethical aspect of these innovations. It emphasises the way in which technological advances and their socio-legal frameworks are co-produced, shaping technology expectations, social identities, and legal institutions. It also considers how imagined and actual uses of forensic genetic technologies are entangled with assertions about social order, affirmations of common values and civil rights, and promises about security and justice. Our comments seek to encourage the participation of scientific actors in the development of anticipatory governance deliberations concerning the widening application of forensic genetics in an increasing number of criminal and civil jurisdictions.

Geologic framework for the national assessment of carbon dioxide storage resources—Southern Rocky Mountain Basins: Chapter M in Geologic framework for the national assessment of carbon dioxide storage resources

USGS Publications Warehouse

Merrill, Matthew D.; Drake, Ronald M.; Buursink, Marc L.; Craddock, William H.; East, Joseph A.; Slucher, Ernie R.; Warwick, Peter D.; Brennan, Sean T.; Blondes, Madalyn S.; Freeman, Philip A.; Cahan, Steven M.; DeVera, Christina A.; Lohr, Celeste D.; Warwick, Peter D.; Corum, Margo D.

2016-06-02

The U.S. Geological Survey has completed an assessment of the potential geologic carbon dioxide storage resources in the onshore areas of the United States. To provide geological context and input data sources for the resources numbers, framework documents are being prepared for all areas that were investigated as part of the national assessment. This report, chapter M, is the geologic framework document for the Uinta and Piceance, San Juan, Paradox, Raton, Eastern Great, and Black Mesa Basins, and subbasins therein of Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. In addition to a summary of the geology and petroleum resources of studied basins, the individual storage assessment units (SAUs) within the basins are described and explanations for their selection are presented. Although appendixes in the national assessment publications include the input values used to calculate the available storage resource, this framework document provides only the context and source of the input values selected by the assessment geologists. Spatial-data files of the boundaries for the SAUs, and the well-penetration density of known well bores that penetrate the SAU seal, are available for download with the release of this report.

Addressing Social Determinants Of Health Through Medical-Legal Partnerships.

PubMed

Regenstein, Marsha; Trott, Jennifer; Williamson, Alanna; Theiss, Joanna

2018-03-01

The US health care system needs effective tools to address complex social and environmental issues that perpetuate health inequities, such as food insecurity, education and employment barriers, and substandard housing conditions. The medical-legal partnership is a collaborative intervention that embeds civil legal aid professionals in health care settings to address seemingly intractable social problems that contribute to poor health outcomes and health disparities. More than three hundred health care organizations are home to medical-legal partnerships. This article draws upon national survey data and field research to identify three models of the medical-legal partnership that health care organizations have adopted and the core elements of infrastructure that they share. Financing and commitment from health care organizations are key considerations for sustaining and scaling up the medical-legal partnership as a health equity intervention.

Not just euthanasia: recognizing a legal positive right to palliative care.

PubMed

Colombo, Sylviane

2005-03-01

As jurists, doctors, and ethicists are increasingly engaged in the debate as to whether and how to legalize euthanasia as a matter of public policy, less debate takes place on what it is submitted ought naturally to come before, i.e. the affirmation of a legal right to palliative care. In Israel, the draft law The Terminally Ill Patient (2001) includes a palliative care provision. It is submitted that such provision, laudable as it is, appears within a euthanasia-oriented framework and is given too limited a scope. Hence the suggestion that palliative care be given an autonomous role, and be recognized as a positive legal right.

Some legal concerns with the use of crowd-sourced Geospatial Information

NASA Astrophysics Data System (ADS)

Cho, George

2014-06-01

Volunteered geographic Information (VGI), citizens as sensors, crowd-sourcing and 'Wikipedia' of maps have been used to describe activity facilitated by the Internet and the dynamic Web 2.0 environment to collect geographic information (GI). Legal concerns raised in the creation, assembly and dissemination of GI by produsers include: quality, ownership and liability. In detail, accuracy and authoritativeness of the crowd-sourced GI; the ownership and moral rights to the information, and contractual and tort liability are key concerns. A legal framework and governance structure may be necessary whereby technology, networked governance and provision of legal protections may be combined to mitigate geo-liability as a 'chilling' factor in VGI development.

A National Level Engagement Strategy: A Framework for Action

DTIC Science & Technology

2012-05-15

engagement framework that integrates all instruments of natio nal po wer to focus iocrea~ ing l y limitetl resources LO meet the most s ignificant national...ami rc!o.pOn:-.ibilitie:-, to imph::mcnl and execute the nu!ional engagement

[Prescribing medication in 2013: legal aspects].

PubMed

Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D

2013-11-01

To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.

A Legal Perspective on Business: Modeling the Impact of Law

NASA Astrophysics Data System (ADS)

Ghanavati, Sepideh; Siena, Alberto; Perini, Anna; Amyot, Daniel; Peyton, Liam; Susi, Angelo

Modern goal-oriented requirements engineering frameworks use modeling as a means of better understanding a domain, leading to an overall improvement in the quality of the requirements. Regulations and laws impose additional context and constraints on software goals and can limit the satisfaction of stakeholder needs. Organizations and software developers need modeling tools that can properly address the potential deep impact legal issues can have on the effectiveness of business strategies. In this paper, we perform a preliminary study into the development of a modeling framework able to support the analysis of legal prescriptions alongside business strategies. We demonstrate, via an example drawn from a case study of the Health Insurance Portability and Accountability Act (HIPAA), how models of this law can be built with the GRL modeling language and how they can be evaluated as part of the business goal models.

The Implementation, Evolution and Impact of New Zealand's National Qualifications Framework

ERIC Educational Resources Information Center

Strathdee, Robert

2011-01-01

This article outlines some of the major factors leading to the introduction of the New Zealand National Qualifications Framework (NQF). It also describes the NQF's design, outlines changes that were introduced following its introduction in 1991, and explores its impact to date. The New Zealand case is interesting, as the agency responsible for the…

Legal Knowledge as a Tool for Social Change

PubMed Central

González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

2017-01-01

Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545

Aligning Learning Outcomes Descriptors in National and Meta-Frameworks of Qualifications--Learning from Irish Experience

ERIC Educational Resources Information Center

Maguire, Bryan; Mernagh, Edwin; Murray, Jim

2008-01-01

In this paper, the issues involved in aligning national and meta-frameworks are explored and analysed. The exploration is timely, given that two qualifications meta-frameworks are currently being developed and implemented in Europe: the question is now how relationships should be established between these new reference tools and national…

Ethical, legal, social, and policy issues in the use of genomic technology by the U.S. Military

PubMed Central

Mehlman, Maxwell J.; Li, Tracy Yeheng

2014-01-01

Advances in genomic science are attracting the interest of the U.S. military for their potential to improve medical care for members of the military and to aid in military recruitment, training, specialization, and mission accomplishment. While researchers have explored the ethical, legal, and social issues raised by the use of genomic science in a wide variety of contexts, there has been virtually no examination of these issues in connection with the use of genomics by the military. This article identifies potential uses of genomic science by the military, proposes an applicable ethical and legal framework, and applies the framework to provide ethical and legal guidance for military decision-makers. PMID:25937933

[Legal framework of data protection : current requirements in Germany and requirements in planned European Union regulations].

PubMed

Schütze, B

2013-05-01

The federal system in Germany necessitates that in addition to federal laws, country and church-specific legislations must also be considered during the evaluation of relevant legal stipulations concerning data protection. Furthermore, there are also special legal regulations for hospitals in almost every federal state which are governed by the principle of subsidiarity: special legal regulations are to be preferentially used, so that findings from one federal state are difficult to transfer to another federal state.Patient data may only be used and processed without legal regulations with informed consent of the patient. The use of patient data for purposes of quality assurance, research and further education of students and doctors is possible under the present laws according to a positive weighting of interests. Patient data can also be exchanged via online services for the purposes of patient care; however, informed consent of the patient for medical online services is almost always unavoidable.

National Service Frameworks and UK general practitioners: street-level bureaucrats at work?

PubMed

Checkland, Kath

2004-11-01

This paper argues that the past decade has seen significant changes in the nature of medical work in general practice in the UK. Increasing pressure to use normative clinical guidelines and the move towards explicit quantitative measures of performance together have the potential to alter the way in which health care is delivered to patients. Whilst it is possible to view these developments from the well-established sociological perspectives of deprofessionalisation and proletarianisation, this paper takes a view of general practice as work, and uses the ideas of Lipsky to analyse practice-level responses to some of these changes. In addition to evidence-based clinical guidelines, National Service Frameworks, introduced by the UK government in 1997, also specify detailed models of service provision that health care providers are expected to follow. As part of a larger study examining the impact of National Service Frameworks in general practice, the response of three practices to the first four NSFs were explored. The failure of NSFs to make a significant impact is compared to the practices' positive responses to purely clinical guidelines such as those developed by the British Hypertension Society. Lipsky's concept of public service workers as 'street-level bureaucrats' is discussed and used as a framework within which to view these findings.

A hierarchical spatial framework and database for the national river fish habitat condition assessment

USGS Publications Warehouse

Wang, L.; Infante, D.; Esselman, P.; Cooper, A.; Wu, D.; Taylor, W.; Beard, D.; Whelan, G.; Ostroff, A.

2011-01-01

Fisheries management programs, such as the National Fish Habitat Action Plan (NFHAP), urgently need a nationwide spatial framework and database for health assessment and policy development to protect and improve riverine systems. To meet this need, we developed a spatial framework and database using National Hydrography Dataset Plus (I-.100,000-scale); http://www.horizon-systems.com/nhdplus). This framework uses interconfluence river reaches and their local and network catchments as fundamental spatial river units and a series of ecological and political spatial descriptors as hierarchy structures to allow users to extract or analyze information at spatial scales that they define. This database consists of variables describing channel characteristics, network position/connectivity, climate, elevation, gradient, and size. It contains a series of catchment-natural and human-induced factors that are known to influence river characteristics. Our framework and database assembles all river reaches and their descriptors in one place for the first time for the conterminous United States. This framework and database provides users with the capability of adding data, conducting analyses, developing management scenarios and regulation, and tracking management progresses at a variety of spatial scales. This database provides the essential data needs for achieving the objectives of NFHAP and other management programs. The downloadable beta version database is available at http://ec2-184-73-40-15.compute-1.amazonaws.com/nfhap/main/.

Using the Consolidated Framework for Implementation Research to implement and evaluate national surgical planning

PubMed Central

Saluja, Saurabh; Silverstein, Allison; Mukhopadhyay, Swagoto; Lin, Yihan; Raykar, Nakul; Keshavjee, Salmaan; Samad, Lubna; Meara, John G

2017-01-01

The Lancet Commission on Global Surgery defined six surgical indicators and a framework for a national surgical plan that aimed to incorporate surgical care as a part of global public health. Multiple countries have since begun national surgical planning; each faces unique challenges in doing so. Implementation science can be used to more systematically explain this heterogeneous process, guide implementation efforts and ultimately evaluate progress. We describe our intervention using the Consolidated Framework for Implementation Research. This framework requires identifying characteristics of the intervention, the individuals involved, the inner and outer setting of the intervention, and finally describing implementation processes. By hosting a consultative symposium with clinicians and policy makers from around the world, we are able to specify key aspects of each element of this framework. We define our intervention as the incorporation of surgical care into public health planning, identify local champions as the key individuals involved, and describe elements of the inner and outer settings. Ultimately we describe top-down and bottom-up models that are distinct implementation processes. With the Consolidated Framework for Implementation Research, we are able to identify specific strategic models that can be used by implementers in various settings. While the integration of surgical care into public health throughout the world may seem like an insurmountable challenge, this work adds to a growing effort that seeks to find a way forward. PMID:29225930

National Multimodal Freight Analysis Framework Research Workshop: Workshop Summary Report, December 11, 2013.

DOT National Transportation Integrated Search

2015-01-01

This report summarizes a 1-day workshop held to discuss national multimodal freight analysis framework (FAF) research. Participants discussed the state of the art, primary gaps in current capabilities, and strategies for addressing these gaps, partic...

The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?

PubMed

Nikogosian, Haik; Kickbusch, Ilona

2016-09-04

Public health instruments have been under constant development and renewal for decades. International legal instruments, with their binding character and strength, have a special place in this development. The start of the 21st century saw, in particular, the birth of the first World Health Organization (WHO)-era health treaties - the WHO Framework Convention on Tobacco Control (WHO FCTC) and its first Protocol. The authors analyze the potential impact of these instruments on global health governance and public health, beyond the traditional view of their impact on tobacco control. Overall, the very fact that globally binding treaties in modern-era health were feasible has accelerated the debate and expectations for an expanded role of international legal regimes in public health. The impact of treaties has also been notable in global health architecture as the novel instruments required novel institutions to govern their implementation. The legal power of the WHO FCTC has enabled rapid adoption of further instruments to promote its implementation, thus, enhancing the international instrumentarium for health, and it has also prompted stronger role for national legislation on health. Notably, the Convention has elevated several traditionally challenging public health features to the level of international legal obligations. It has also revealed how the legal power of the international health instrument can be utilized in safeguarding the interests of health in the face of competing agendas and legal disputes at both the domestic and international levels. Lastly, the legal power of health instruments is associated with their potential impact not only on health but also beyond; the recently adopted Protocol to Eliminate Illicit Trade in Tobacco Products may best exemplify this matter. The first treaty experiences of the 21st century may provide important lessons for the role of legal instruments in addressing the unfolding challenges in global health. © 2016 The

Argumentation in Legal Reasoning

NASA Astrophysics Data System (ADS)

Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

Updated United Nations Framework Classification for reserves and resources of extractive industries

USGS Publications Warehouse

Ahlbrandt, T.S.; Blaise, J.R.; Blystad, P.; Kelter, D.; Gabrielyants, G.; Heiberg, S.; Martinez, A.; Ross, J.G.; Slavov, S.; Subelj, A.; Young, E.D.

2004-01-01

The United Nations have studied how the oil and gas resource classification developed jointly by the SPE, the World Petroleum Congress (WPC) and the American Association of Petroleum Geologists (AAPG) could be harmonized with the United Nations Framework Classification (UNFC) for Solid Fuel and Mineral Resources (1). The United Nations has continued to build on this and other works, with support from many relevant international organizations, with the objective of updating the UNFC to apply to the extractive industries. The result is the United Nations Framework Classification for Energy and Mineral Resources (2) that this paper will present. Reserves and resources are categorized with respect to three sets of criteria: ??? Economic and commercial viability ??? Field project status and feasibility ??? The level of geologic knowledge The field project status criteria are readily recognized as the ones highlighted in the SPE/WPC/AAPG classification system of 2000. The geologic criteria absorb the rich traditions that form the primary basis for the Russian classification system, and the ones used to delimit, in part, proved reserves. Economic and commercial criteria facilitate the use of the classification in general, and reflect the commercial considerations used to delimit proved reserves in particular. The classification system will help to develop a common understanding of reserves and resources for all the extractive industries and will assist: ??? International and national resources management to secure supplies; ??? Industries' management of business processes to achieve efficiency in exploration and production; and ??? An appropriate basis for documenting the value of reserves and resources in financial statements.

Disappearing Discourse: Performative Texts and Identity in Legal Contexts

ERIC Educational Resources Information Center

Trinch, Shonna

2010-01-01

This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…

Integrating environment into land-use planning through strategic environmental assessment in China: Towards legal frameworks and operational procedures

DOE Office of Scientific and Technical Information (OSTI.GOV)

Tao Tang; Tan Zhu; He Xu

China currently put forwards 'striving to build an environmentally friendly society' as one of the most important development goals. The land administration authorities are facing the challenge of effectively incorporating environment considerations into their planning system. This paper aims to investigate why and how Strategic Environmental Assessment (SEA) is enacted as an effective tool to integrate the environment into land-use planning during the construction process of an environmentally friendly society in China, and identify factors that influence the integration. It presents characteristics of the land-use planning system, and reviews the progress and current state of SEA in China. Results showmore » that SEA provides many benefits in promoting environmental considerations into the land-use planning process. The legal frameworks and operational procedures, in the context of land-use master planning SEA, are summarized and an assessment made of their effectiveness. Some barriers are highlighted through examination of the latest case studies, and several recommendations are presented to overcome these obstacles.« less

The Incorporation of National Universities in Japan: Initial Reactions of the New National University Corporations

ERIC Educational Resources Information Center

Oba, Jun

2005-01-01

In April 2004, all national universities, which had previously been legally subordinate to MEXT (Ministry of Education, Sports and Culture), were given a legal personality and became "National University Corporations". With this change, each national university now enjoys greater autonomy vis-a-vis the government in terms of how it uses…

The constitutionality of current legal barriers to telemedicine in the United States: analysis and future directions of its relationship to national and international health care reform.

PubMed

Gupta, Amar; Sao, Deth

2011-01-01

The current health care crisis in the United States compels a consideration of the crucial role that telemedicine could play towards deploying a pragmatic solution. The nation faces rising costs and difficulties in access to and quality of medical services. Telemedicine can potentially help to overcome these challenges, as it can provide new cost-effective and efficient methods of delivering health care across geographic distances. The full benefits and future potential of telemedicine, however, are constrained by overlapping, inconsistent, and inadequate legal and regulatory frameworks, as well as the repertoire of standards imposed by state governments and professional organizations. Proponents of these barriers claim that they are necessary to protect public health and safety, and that the U.S. Constitution gives states exclusive authority over health and safety concerns. This Article argues that such barriers not only fail to advance these public policy goals, but are unconstitutional when they restrict the practice of telemedicine across state and national borders. Furthermore, the interstate and international nature of telemedicine calls for increasing the centralized authority of the federal government; this position is consistent with the U.S. Constitution and other governing principles. Finally, this Article observes that the U.S. experience bears some similarities to that of other nations, and represents a microcosm of the international community's need and struggle to develop a uniform telemedicine regime. Just as with state governments in the U.S., nations are no longer able to view health care as a traditional domestic concern and must consider nontraditional options to resolve the dilemmas of rising costs and discontent in the delivery of health care to their people.

The Ethical, Legal, and Social Implications Program of the National Human Genome Research Institute: reflections on an ongoing experiment.

PubMed

McEwen, Jean E; Boyer, Joy T; Sun, Kathie Y; Rothenberg, Karen H; Lockhart, Nicole C; Guyer, Mark S

2014-01-01

For more than 20 years, the Ethical, Legal, and Social Implications (ELSI) Program of the National Human Genome Research Institute has supported empirical and conceptual research to anticipate and address the ethical, legal, and social implications of genomics. As a component of the agency that funds much of the underlying science, the program has always been an experiment. The ever-expanding number of issues the program addresses and the relatively low level of commitment on the part of other funding agencies to support such research make setting priorities especially challenging. Program-supported studies have had a significant impact on the conduct of genomics research, the implementation of genomic medicine, and broader public policies. The program's influence is likely to grow as ELSI research, genomics research, and policy development activities become increasingly integrated. Achieving the benefits of increased integration while preserving the autonomy, objectivity, and intellectual independence of ELSI investigators presents ongoing challenges and new opportunities.

Legal and Social Service Responses to Child Sexual Abuse: A Primer and Discussion of Relevant Research

ERIC Educational Resources Information Center

Wiley, Tisha R. A.

2009-01-01

This paper provides a broad overview of legal and social service responses to child sexual abuse, the overarching legal framework provided by federal legislation, and funding mandates and the unique and shared investigative concerns of law enforcement and child protective service entities. Relevant psychological research is highlighted throughout,…

Therapeutic jurisprudence and sex offenders: a psycho-legal approach to protection.

PubMed

Birgden, Astrid

2004-10-01

Societal response to sex offenders is marked by uncertainty about whether punishment or treatment should occur. The distinction between punishment, prevention, and protection is useful to determine how best to assess, treat, and manage sex offenders within the criminal justice system. Once convicted, both law and psychology are concerned with sex offenders changing their behavior in order to protect the community. Therapeutic jurisprudence is a legal theory that aims to maximize therapeutic effects of the law and minimize anti-therapeutic consequences of the law. Therapeutic jurisprudence provides a framework to combine legal and psychological processes to balance prevention and protection. Legal and correctional practitioners can work together to address both community protection and offender protection concerns.

National guidelines for evaluating pain-Patients' legal right to prioritised health care at multidisciplinary pain clinics in Norway implemented 2009.

PubMed

Hara, Karen Walseth; Borchgrevink, Petter

2017-12-29

Background All nations are posed with the challenge of deciding how to allocate limited health care resources. A Patients' Rights Law from 1999 gives patients in Norway with a serious health condition, for which there is efficacious and cost-effective treatment, a legal right to receive health care from the National Health Care system. Methods Recently national guidelines have been produced for implementing these legal rights within 32 fields of specialist health care. One of these fields deals with serious chronic pain conditions. A task force established by the Directorate of Health, comprising pain specialists, primary care and patient representatives, have produced guidelines for pain conditions. The newly published guidelines seek to answer the difficult questions of which patients should be prioritised at pain clinics and what is a medically acceptable waiting time. Results The guidelines deal with non-acute pain conditions that are too complex for primary care and organ- or disease-specific fields of specialist care. The guidelines state that if health-related quality of life is severely affected by the pain condition and efficacious and cost-effective treatment is available, then patients have a legal right to receive prioritised specialist health care in multidisciplinary pain clinics. The guidelines describe 5 categories of complex pain disorders that as a main rule should be given the right to prioritised health care in pain clinics. The 5 categories are Category 1 Sub-acute (≤6 months) pain conditions with reason to fear chronification. Maximum waiting time 2 weeks, e.g., progressing complex regional pain syndrome (CRPS) 5 months after an ankle-fracture. Category 2 Chronic complex pain condition, with or without known initiating cause, combined with substance abuse and/or psychiatric illness. These patients need concomitant follow-up by psychiatric and/or addiction medicine department(s) and a multidisciplinary pain clinic approach. Maximum waiting

Code of Ethics in a Multicultural Company and its Legal Context

NASA Astrophysics Data System (ADS)

Odlerová, Eva; Ďurišová, Jaroslava; Šramel, Bystrík

2012-12-01

The entry of foreign investors and simultaneous expansion of different national cultures, religions, rules, moral and ethical standards is bringing up problems of cooperation and coexistence of different nationalities, ethnicities and cultures. Working in an international environment therefore requires adaptation to a variety of economic, political, legal, technical, social, cultural and historical conditions. One possible solution is to define a code of ethics, guidelines which find enough common moral principles, which can become the basis for the adoption of general ethical standards, while respecting national, cultural differences and practices. In this article, the authors pay attention not only to the analysis of the common ethical rules in a multicultural company, but also to the legal aspects of codes of ethics. Each code of ethics is a set of standards, which, like the legal norms, regulate the behaviour of individuals. These standards, however, must simultaneously meet certain statutory criteria that define the boundaries of regulation of employee’s behaviour.

Discussing options between patients and health care professionals in genetic diagnosis: ethical and legal criteria

PubMed Central

Nicolás, Pilar

2007-01-01

The specific characteristics of genetic data lead to ethical-legal conflicts in the framework of genetic diagnosis. Several international organisations, including UNESCO and the Council of Europe, have enacted rules referring to the use of genetic information. This paper discusses possible legal and ethical criteria that could be used in genetic testing. PMID:19725990

Liberalism, legal moralism and moral disagreement.

PubMed

Kuflik, Arthur

2005-01-01

According to "legal moralism" it is part of law's proper role to "enforce morality as such". I explore the idea that legal moralism runs afoul of morality itself: there are good moral reasons not to require by law all that there is nevertheless good moral reason to do. I suggest that many such reasons have broad common-sense appeal and could be appreciated even in a society in which everyone completely agreed about what morality requires. But I also critique legal moralism from the special perspective of liberal political justice. Liberalism requires that citizens who disagree with one another on a number of morally significant matters nevertheless coexist and cooperate within a political framework of basic rights protections. When it comes to working out the most basic terms of their political association, citizens are expected to address one another within the limits of what Rawls has called "public reason". Critics of liberalism claim that this is an essentially a-moral (or expedient) attempt to evade substantive moral issues--such as the moral status of the fetus. I argue, on the contrary, that liberalism's emphasis on public reason is itself grounded in very deep--though (suitably) "non-comprehensive"--moral considerations.

Do Legal Frameworks Direct Merger Outcomes? A Study of the Legal Origins and Consequences of Recent Higher Education Mergers

ERIC Educational Resources Information Center

Soobrayan, V.

2003-01-01

This article traces the legal challenges and contestations embedded in five recent cases of higher education mergers in South Africa. I am aware that there are a number of forms of mergers. For the purposes of this article I use the term as one that is descriptive of a policy decision. Where necessary I make a brief distinction between a merger…

28 CFR 543.11 - Legal research and preparation of legal documents.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

28 CFR 543.11 - Legal research and preparation of legal documents.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

28 CFR 543.11 - Legal research and preparation of legal documents.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

28 CFR 543.11 - Legal research and preparation of legal documents.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

28 CFR 543.11 - Legal research and preparation of legal documents.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

The Impact of Legal Advocacy Strategies to Advance Roma Health

PubMed Central

Covaci, Alina

2017-01-01

Abstract Across Europe, Roma face exclusion and obstacles in access to health services, resulting in poorer health. While there are legal and policy frameworks for Roma inclusion, implementation often lags behind. Increasing the grassroots capacity of Roma to advocate for accountability in health care and against systemic impediments has been a central focus of Open Society Foundations (OSF) support. This analysis discusses the impact of an OSF-supported legal advocacy project on Roma health rights in Macedonia. The paper uses qualitative indicators to measure the capacity of nongovernmental organizations, accountability for violations, changes in law and practice, and impact on communities. The methodology for assessing the impact of legal advocacy was developed over the course of OSF’s legal advocacy project and used to calculate the baseline and conduct the follow-up assessment to track progress across four strategies: legal empowerment, documentation and advocacy, media advocacy, and strategic litigation. Results show that legal advocacy has led to a notable increase in Roma awareness of their health rights. The number of lawsuits has risen dramatically, and cases are increasingly more sophisticated. Although accountability in health care is still the exception rather than the rule, blatant violations have been reduced. Some structural barriers have also been tackled. At the same time, new challenges require continuous and adaptable legal advocacy. PMID:29302166

Researching Prescription Drug Misuse among First Nations in Canada: Starting from a Health Promotion Framework

PubMed Central

Dell, Colleen Anne; Roberts, Gary; Kilty, Jennifer; Taylor, Kelli; Daschuk, Mitch; Hopkins, Carol; Dell, Debra

2012-01-01

The intentional misuse of psychotropic drugs is recognized as a significant public health concern in Canada, although there is a lack of empirical research detailing this. Even less research has been documented on the misuse of prescription drugs among First Nations in Canada. In the past, Western biomedical and individual-based approaches to researching Indigenous health have been applied, whereas First Nations’ understandings of health are founded on a holistic view of wellbeing. Recognition of this disjuncture, alongside the protective influence of First Nations traditional culture, is foundational to establishing an empirical understanding of and comprehensive response to prescription drug misuse. We propose health promotion as a framework from which to begin to explore this. Our work with a health promotion framework has conveyed its potential to support the consideration of Western and Indigenous worldviews together in an ‘ethical space’, with illustrations provided. Health promotion also allots for the consideration of Canada’s colonial history of knowledge production in public health and supports First Nations’ self-determination. Based on this, we recommend three immediate ways in which a health promotion framework can advance research on prescription drug misuse among First Nations in Canada. PMID:22879752

Legal Services: The Army Legal Assistance Program

DTIC Science & Technology

1996-02-21

Army Regulation 27–3 Legal Services The Army Legal Assistance Program Headquarters Department of the Army Washington, DC 21 February 1996 REPORT...1996 to xx-xx-1996 4. TITLE AND SUBTITLE The Army Legal Assistance Program Unclassified 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT...Z39.18 SUMMARY of CHANGE AR 27–3 The Army Legal Assistance Program This change 2 corrects the title page of this regulation. This change 2-- o Corrects

Unit Standards Catalogue. Unit Standards and Qualifications Registered on the National Qualifications Framework to March 1994.

ERIC Educational Resources Information Center

New Zealand Qualifications Authority, Wellington.

This booklet includes the latest list of unit standards and qualifications registered on the New Zealand National Qualifications Framework to April 1994. Unit standards registered on the framework can be offered by private and government training establishments, polytechnics, colleges of education, and schools. This list of registered unit…

Subjects of the State within the Russian Federation: Constitutional and Legal Framework

ERIC Educational Resources Information Center

Tumanov, Dmitriy Yu.; Sakhapov, Rinat R.

2016-01-01

The purpose of this study is to analyze the modern problems of federalism in the Russian Federation. In particular, the article examines the main provisions of the Constitution of the Russian Federation, which regulate the legal status of subjects in the Russian Federation, their rights and responsibilities, limits of autonomy and differentiation…

Child Safety Reference Frameworks: a Policy Tool for Child Injury Prevention at the Sub-national Level.

PubMed

Scholtes, Beatrice; Schröder-Bäck, Peter; Mackay, Morag; Vincenten, Joanne; Brand, Helmut

2017-06-01

The aim of this paper is to present the Child Safety Reference Frameworks (CSRF), a policy advice tool that places evidence-based child safety interventions, applicable at the sub-national level, into a framework resembling the Haddon Matrix. The CSRF is based on work done in previous EU funded projects, which we have adapted to the field of child safety. The CSRF were populated following a literature review. Four CSRF were developed for four domains of child safety: road, water and home safety, and intentional injury prevention. The CSRF can be used as a reference, assessment and comparative tool by child safety practitioners and policy makers working at the sub-national level. Copyright© by the National Institute of Public Health, Prague 2017

The United Nations Framework Classification for World Petroleum Resources

USGS Publications Warehouse

Ahlbrandt, T.S.; Blystad, P.; Young, E.D.; Slavov, S.; Heiberg, S.

2003-01-01

The United Nations has developed an international framework classification for solid fuels and minerals (UNFC). This is now being extended to petroleum by building on the joint classification of the Society of Petroleum Engineers (SPE), the World Petroleum Congresses (WPC) and the American Association of Petroleum Geologists (AAPG). The UNFC is a 3-dimansional classification. This: Is necessary in order to migrate accounts of resource quantities that are developed on one or two of the axes to the common basis; Provides for more precise reporting and analysis. This is particularly useful in analyses of contingent resources. The characteristics of the SPE/WPC/AAPG classification has been preserved and enhanced to facilitate improved international and national petroleum resource management, corporate business process management and financial reporting. A UN intergovernmental committee responsible for extending the UNFC to extractive energy resources (coal, petroleum and uranium) will meet in Geneva on October 30th and 31st to review experiences gained and comments received during 2003. A recommended classification will then be delivered for consideration to the United Nations through the Committee on Sustainable Energy of the Economic Commission for Europe (UN ECE).

Legal Aspects of Public Lending Right.

ERIC Educational Resources Information Center

Hyatt, Dennis

1981-01-01

Discusses national differences, natural justice, and protection of tangible expressions in the copyright law and tactical and practical considerations regarding the legal aspects of author compensation for library lending. Special problems for public lending rights legislation (PLR) in the U.S. are cited. Eighteen references are provided. (CHC)

22 CFR 72.22 - Release of personal estate to legal representative.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Release of personal estate to legal representative. 72.22 Section 72.22 Foreign Relations DEPARTMENT OF STATE PROTECTION AND WELFARE OF AMERICANS... Nationals § 72.22 Release of personal estate to legal representative. (a) If a person or entity claiming to...

22 CFR 72.22 - Release of personal estate to legal representative.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Release of personal estate to legal representative. 72.22 Section 72.22 Foreign Relations DEPARTMENT OF STATE PROTECTION AND WELFARE OF AMERICANS... Nationals § 72.22 Release of personal estate to legal representative. (a) If a person or entity claiming to...

22 CFR 72.22 - Release of personal estate to legal representative.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Release of personal estate to legal representative. 72.22 Section 72.22 Foreign Relations DEPARTMENT OF STATE PROTECTION AND WELFARE OF AMERICANS... Nationals § 72.22 Release of personal estate to legal representative. (a) If a person or entity claiming to...

22 CFR 72.22 - Release of personal estate to legal representative.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Release of personal estate to legal representative. 72.22 Section 72.22 Foreign Relations DEPARTMENT OF STATE PROTECTION AND WELFARE OF AMERICANS... Nationals § 72.22 Release of personal estate to legal representative. (a) If a person or entity claiming to...

22 CFR 72.22 - Release of personal estate to legal representative.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Release of personal estate to legal representative. 72.22 Section 72.22 Foreign Relations DEPARTMENT OF STATE PROTECTION AND WELFARE OF AMERICANS... Nationals § 72.22 Release of personal estate to legal representative. (a) If a person or entity claiming to...

[Jihadi radicalisation, legal definitions and reference points].

PubMed

Romano, Hélène; Picard, Frédéric

2017-10-01

Since the terrorist threat has become part of daily life in France, two terms are systematically used in the public debate: radicalisation and deradicalisation. It is essential to understand exactly what these words encompass, and to know the legal framework associated with them, in order to limit all sorts of interpretations which serve to add to the confusion related to the current context. Copyright © 2017. Published by Elsevier Masson SAS.

32 CFR 516.17 - SJA or legal adviser procedures.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 3 2012-07-01 2009-07-01 true SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL... sought. (5) Reasons for immediate action. (b) Transmission of process, pleadings, and related papers...

32 CFR 516.17 - SJA or legal adviser procedures.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 3 2014-07-01 2014-07-01 false SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL... sought. (5) Reasons for immediate action. (b) Transmission of process, pleadings, and related papers...

32 CFR 516.17 - SJA or legal adviser procedures.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL... sought. (5) Reasons for immediate action. (b) Transmission of process, pleadings, and related papers...

32 CFR 516.17 - SJA or legal adviser procedures.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL... sought. (5) Reasons for immediate action. (b) Transmission of process, pleadings, and related papers...

Trusting telemedicine: A discussion on risks, safety, legal implications and liability of involved stakeholders.

PubMed

Parimbelli, E; Bottalico, B; Losiouk, E; Tomasi, M; Santosuosso, A; Lanzola, G; Quaglini, S; Bellazzi, R

2018-04-01

The main purpose of the article is to raise awareness among all the involved stakeholders about the risks and legal implications connected to the development and use of modern telemedicine systems. Particular focus is given to the class of "active" telemedicine systems, that imply a real-world, non-mediated, interaction with the final user. A secondary objective is to give an overview of the European legal framework that applies to these systems, in the effort to avoid defensive medicine practices and fears, which might be a barrier to their broader adoption. We leverage on the experience gained during two international telemedicine projects, namely MobiGuide (pilot studies conducted in Spain and Italy) and AP@home (clinical trials enrolled patients in Italy, France, the Netherlands, United Kingdom, Austria and Germany), whose development our group has significantly contributed to in the last 4 years, to create a map of the potential criticalities of active telemedicine systems and comment upon the legal framework that applies to them. Two workshops have been organized in December 2015 and March 2016 where the topic has been discussed in round tables with system developers, researchers, physicians, nurses, legal experts, healthcare economists and administrators. We identified 8 features that generate relevant risks from our example use cases. These features generalize to a broad set of telemedicine applications, and suggest insights on possible risk mitigation strategies. We also discuss the relevant European legal framework that regulate this class of systems, providing pointers to specific norms and highlighting possible liability profiles for involved stakeholders. Patients are more and more willing to adopt telemedicine systems to improve home care and day-by-day self-management. An essential step towards a broader adoption of these systems consists in increasing their compliance with existing regulations and better defining responsibilities for all the

Public perceptions of arguments supporting and opposing recreational marijuana legalization.

PubMed

McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

2017-06-01

In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

Changes in the Legal System of the People’s Republic of China and the Projected Impact on National Security of the United States

DTIC Science & Technology

1992-04-01

unloaded furs, wool and ginseng in exchange for Chinese teas, silk and porcelain. 22 These trades were generally one- sided and not highly desired by the...so as to develop an effective United States policy. 1992 Executive Research Project S52 Changes in the Legal System of the People’s Republic of China...national strategy options may be pursued relating to the People’s Republic of China so as to develop an effective United States policy. In the National

A Comparative Analysis of International Frameworks for 21st Century Competences: Implications for National Curriculum Policies

ERIC Educational Resources Information Center

Voogt, Joke; Roblin, Natalie Pareja

2012-01-01

National curricula need to change drastically to comply with the competences needed for the 21st century. In this paper eight frameworks describing 21st century competences were analysed. A comprehensive search for information about 21st century competences was conducted across the official websites of the selected frameworks, resulting in 32…

Proposed roadmap for overcoming legal and financial obstacles to carbon capture and sequestration

DOE Office of Scientific and Technical Information (OSTI.GOV)

Jacobs, Wendy; Chohen, Leah; Kostakidis-Lianos, Leah

Many existing proposals either lack sufficient concreteness to make carbon capture and geological sequestration (CCGS) operational or fail to focus on a comprehensive, long term framework for its regulation, thus failing to account adequately for the urgency of the issue, the need to develop immediate experience with large scale demonstration projects, or the financial and other incentives required to launch early demonstration projects. We aim to help fill this void by proposing a roadmap to commercial deployment of CCGS in the United States.This roadmap focuses on the legal and financial incentives necessary for rapid demonstration of geological sequestration in themore » absence of national restrictions on CO2 emissions. It weaves together existing federal programs and financing opportunities into a set of recommendations for achieving commercial viability of geological sequestration.« less

Sexual harassment in the medical profession: legal and ethical responsibilities.

PubMed

Mathews, Ben; Bismark, Marie M

2015-08-17

Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible.

The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

PubMed

Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

2016-12-01

The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

32 CFR 270.13 - No right to judicial review or legal cause of action.

Code of Federal Regulations, 2010 CFR

2010-07-01

... DEMOCRATIC REPUBLIC OF VIETNAM Payment § 270.13 No right to judicial review or legal cause of action. Subject... 32 National Defense 2 2010-07-01 2010-07-01 false No right to judicial review or legal cause of..., and such review is specifically precluded. This part does not create or acknowledge any legal right or...

All New and All Outcome-Based? The German Qualifications Framework and the Persistence of National Governance Approaches

ERIC Educational Resources Information Center

Gössling, Bernd

2016-01-01

This article analyses the development of the first national qualifications framework in Germany ("Deutscher Qualifikationsrahmen" or "DQR"). In this case, a qualifications framework, which is supposedly outcome-based, had to be adapted to a highly input-oriented qualification system. This raises the question, how clashing…

U.S. History Framework for the 2006 National Assessment of Educational Progress

ERIC Educational Resources Information Center

US Department of Education, 2006

2006-01-01

This document provides a guide for the development of the 2006 National Assessment of Education Progress (NAEP) U.S. History Assessment. NAEP measures the U.S. history knowledge and skills of students in grades 4, 8, and 12. According to the NAEP U.S. history framework, the assessment should be organized around three dimensions: historical themes,…

Controlling hepatitis C in Rwanda: a framework for a national response.

PubMed

Mbituyumuremyi, Aimable; Van Nuil, Jennifer Ilo; Umuhire, Jeanne; Mugabo, Jules; Mwumvaneza, Mutagoma; Makuza, Jean Damascene; Umutesi, Justine; Nsanzimana, Sabin; Gupta, Neil

2018-01-01

With the introduction of direct-acting antiviral drugs, treatment of hepatitis C is both highly effective and tolerable. Access to treatment for patients, however, remains limited in low- and middle-income countries due to the lack of supportive health infrastructure and the high cost of treatment. Poorer countries are being encouraged by international bodies to organize public health responses that would facilitate the roll-out of care and treatment on a national scale. Yet few countries have documented formal plans and policies. Here, we outline the approach taken in Rwanda to a public health framework for hepatitis C control and care within the World Health Organization hepatitis health sector strategy. This includes the development and implementation of policies and programmes, prevention efforts, screening capacity, treatment services and strategic information systems. We highlight key successes by the national programme for the control and management of hepatitis C: establishment of national governance and planning; development of diagnostic capacity; approval and introduction of direct-acting antiviral treatments; training of key personnel; generation of political will and leadership; and fostering of key strategic partnerships. Existing challenges and next steps for the programme include developing a detailed monitoring and evaluation framework and tools for monitoring of viral hepatitis. The government needs to further decentralize care and integrate hepatitis C management into routine clinical services to provide better access to diagnosis and treatment for patients. Introducing rapid diagnostic tests to public health-care facilities would help to increase case-finding. Increased public and private financing is essential to support care and treatment services.

Comparability of outcome frameworks in medical education: Implications for framework development.

PubMed

Hautz, Stefanie C; Hautz, Wolf E; Feufel, Markus A; Spies, Claudia D

2015-01-01

Given the increasing mobility of medical students and practitioners, there is a growing need for harmonization of medical education and qualifications. Although several initiatives have sought to compare national outcome frameworks, this task has proven a challenge. Drawing on an analysis of existing outcome frameworks, we identify factors that hinder comparability and suggest ways of facilitating comparability during framework development and revisions. We searched MedLine, EmBase and the Internet for outcome frameworks in medical education published by national or governmental organizations. We analyzed these frameworks for differences and similarities that influence comparability. Of 1816 search results, 13 outcome frameworks met our inclusion criteria. These frameworks differ in five core features: history and origins, formal structure, medical education system, target audience and key terms. Many frameworks reference other frameworks without acknowledging these differences. Importantly, the level of detail of the outcomes specified differs both within and between frameworks. The differences identified explain some of the challenges involved in comparing outcome frameworks and medical qualifications. We propose a two-level model distinguishing between "core" competencies and culture-specific "secondary" competencies. This approach could strike a balance between local specifics and cross-national comparability of outcome frameworks and medical education.

Racialized legal status as a social determinant of health.

PubMed

Asad, Asad L; Clair, Matthew

2018-02-01

This article advances the concept of racialized legal status (RLS) as an overlooked dimension of social stratification with implications for racial/ethnic health disparities. We define RLS as a social position based on an ostensibly race-neutral legal classification that disproportionately impacts racial/ethnic minorities. To illustrate the implications of RLS for health and health disparities in the United States, we spotlight existing research on two cases: criminal status and immigration status. We offer a conceptual framework that outlines how RLS shapes disparities through (1) primary effects on those who hold a legal status and (2) spillover effects on racial/ethnic in-group members, regardless of these individuals' own legal status. Primary effects of RLS operate by marking an individual for material and symbolic exclusion. Spillover effects result from the vicarious experiences of those with social proximity to marked individuals, as well as the discredited meanings that RLS constructs around racial/ethnic group members. We conclude by suggesting multiple avenues for future research that considers RLS as a mechanism of social inequality with fundamental effects on health. Copyright © 2017 Elsevier Ltd. All rights reserved.

The U.S. legalization program: a preliminary final report.

PubMed

Papademetriou, D G

1989-03-01

The Immigration Reform and Control Act (IRCA) of 1986 made 4 types of aliens eligible to receive legalization benefits: 1) those who resided "continuously" in the US since January 1, 1982; 2) those who had worked in the US perishable-crop agriculture for 90 "man-days" in specified time periods (Special Agricultural Workers [SAWS]); 3) those who were in the US since before January 1, 1972; and 4) those classified as Cuban/Haitian entrants and who had been in the US since January 1, 1982. Estimates of the number of aliens eligible for legalization, not including SAWS, ranges from 1.834 million to 2.56 million. Estimates of undercounts of undocumented aliens are 10% for those who entered before 1975 and 37.5% for those who arrived after 1975. Other refinements in the estimates of undocumented aliens include adjustments for 1) ethnic group and location, 2) the growth of the undocumented population between the census date and the legalization eligibility date under IRCA, and 3) emigration and deportation rates. Out of the 1,581,800 applicants entered into the Immigration and Naturalization Service (INS) computers (from a total of 2.15 million applicants) as of May 20, 1988, 73.7% were Mexican nationals. Only 5 other countries contributed more than 1%: El Salvador (6.5%), Haiti (2.3%), Guatemala (2.2%), the Philippines (1%), and Colombia (1%). The Mexican percentage was unexpectedly high, perhaps because the legalization had been much more successful in the Southwest than anywhere else in the country. Reasons that Mexicans have a higher legalization participation rate than other nationalities include 1) the distant eligibility date; 2) ethnic differences among non-Mexican nationalities; 3) particularly in the northeast, fears of exposing one's illegal status to INS; 4) the difficulty of information reaching ethnic communities, 5) the reluctance of those already undergoing the naturalization process to risk the legalization process; and 6) the reluctance of employees to

Cameras in Self-Contained Classrooms: Legal, Professional and Student Implications

ERIC Educational Resources Information Center

Ivie, Ashlee

2016-01-01

This paper examines the use of cameras in self-contained special education classrooms. It begins with an examination of the legal framework used when administrators are contemplating the implementation of video surveillance within the classroom. It gives a brief summary of the Family Educational Rights and Privacy Act, Individuals with…

A Legal Analysis of Federal Disability Law as Related to Emerging Technology: Guidelines for Postsecondary Leadership, Policy, and Practice

ERIC Educational Resources Information Center

Ford, Roderick Dwayne

2014-01-01

This dissertation identified and described the legal requirements imposed by federal disability mandates and case law related to emerging technology. Additionally, the researcher created a legal framework (guidelines) for higher education institutions to consider during policy development and implementation of emerging technology by providing an…

Tracking sustainable development with a national barometer for South Africa using a downscaled "safe and just space" framework.

PubMed

Cole, Megan J; Bailey, Richard M; New, Mark G

2014-10-21

Nations in the 21st century face a complex mix of environmental and social challenges, as highlighted by the on-going Sustainable Development Goals process. The "planetary boundaries" concept [Rockström J, et al. (2009) Nature 461(7263):472-475], and its extension through the addition of social well-being indicators to create a framework for "safe and just" inclusive sustainable development [Raworth K (2012) Nature Climate Change 2(4):225-226], have received considerable attention in science and policy circles. As the chief aim of this framework is to influence public policy, and this happens largely at the national level, we assess whether it can be used at the national scale, using South Africa as a test case. We developed a decision-based methodology for downscaling the framework and created a national "barometer" for South Africa, combining 20 indicators and boundaries for environmental stress and social deprivation. We find that it is possible to maintain the original design and concept of the framework while making it meaningful in the national context, raising new questions and identifying priority areas for action. Our results show that South Africa has exceeded its environmental boundaries for biodiversity loss, marine harvesting, freshwater use, and climate change, and social deprivation is most severe in the areas of safety, income, and employment. Trends since 1994 show improvement in nearly all social indicators, but progression toward or over boundaries for most environmental indicators. The barometer shows that achieving inclusive sustainable development in South Africa requires national and global action on multiple fronts, and careful consideration of the interplay between different environmental domains and development strategies.

The Impact of National Qualifications Frameworks: By Which Yardstick Do We Measure Dreams?

ERIC Educational Resources Information Center

Pilcher, Nick; Fernie, Scott; Smith, Karen

2017-01-01

National Qualifications Frameworks (NQFs) are a global phenomenon. This is evidenced by their scale, coverage and intrinsic link with education policy across Europe and beyond. Research into their impact has encompassed a number of perspectives; theoretical, practical and evaluative. Yet, despite the existence of critical literature related to the…

32 CFR 516.16 - Individual and supervisory procedures upon commencement of legal proceedings.

Code of Federal Regulations, 2013 CFR

2013-07-01

... litigation. (b) Supervisory procedures. When supervisors learn that legal proceedings in which the United... 32 National Defense 3 2013-07-01 2013-07-01 false Individual and supervisory procedures upon... to HQDA § 516.16 Individual and supervisory procedures upon commencement of legal proceedings. (a...

32 CFR 516.16 - Individual and supervisory procedures upon commencement of legal proceedings.

Code of Federal Regulations, 2012 CFR

2012-07-01

... litigation. (b) Supervisory procedures. When supervisors learn that legal proceedings in which the United... 32 National Defense 3 2012-07-01 2009-07-01 true Individual and supervisory procedures upon... to HQDA § 516.16 Individual and supervisory procedures upon commencement of legal proceedings. (a...

32 CFR 516.16 - Individual and supervisory procedures upon commencement of legal proceedings.

Code of Federal Regulations, 2014 CFR

2014-07-01

... litigation. (b) Supervisory procedures. When supervisors learn that legal proceedings in which the United... 32 National Defense 3 2014-07-01 2014-07-01 false Individual and supervisory procedures upon... to HQDA § 516.16 Individual and supervisory procedures upon commencement of legal proceedings. (a...

[Legal Bases Of Vaccination In Ukraine].

PubMed

Terzi, Olena O

2018-01-01

Introduction: Despite the extraordinary progress made in the field of vaccination, a large number of children in the last decade, 24 million children, or nearly 20% of children born every year, do not receive a full plan for vaccination during their first year of life. The aim: The purpose of the article is to analyze the legal framework of vaccination in Ukraine, comparing the approach of the domestic legislator to the vaccination with foreign experience. Materials and methods: Methods of research are selected based on the goal of the study. In order to establish the objectivity and validity of scientific statements and conclusions, during the conducted research a complex of general scientific and special scientific methods was used, in particular such as: the formal legal method; comparative legal method; the method of forecasting and modeling; historical-legal method. Review: In countries with epidemics, a state of emergency can be established and quarantine measures and vaccination to exercise the right to collective health, which may limit the right to individual health by limiting the right to consent to vaccination. Conclusions: It is concluded that in world practice there is no single approach to the recognition of the right to vaccination, as a human right, or as a duty to preserve the epidemiological security of the state. It has been proved that infectious diseases evolve, change their form, the only effective means of preventing pandemics, which may question the existence of man as a biological species, is the vaccination system.

A Big Spatial Data Processing Framework Applying to National Geographic Conditions Monitoring

NASA Astrophysics Data System (ADS)

Xiao, F.

2018-04-01

In this paper, a novel framework for spatial data processing is proposed, which apply to National Geographic Conditions Monitoring project of China. It includes 4 layers: spatial data storage, spatial RDDs, spatial operations, and spatial query language. The spatial data storage layer uses HDFS to store large size of spatial vector/raster data in the distributed cluster. The spatial RDDs are the abstract logical dataset of spatial data types, and can be transferred to the spark cluster to conduct spark transformations and actions. The spatial operations layer is a series of processing on spatial RDDs, such as range query, k nearest neighbor and spatial join. The spatial query language is a user-friendly interface which provide people not familiar with Spark with a comfortable way to operation the spatial operation. Compared with other spatial frameworks, it is highlighted that comprehensive technologies are referred for big spatial data processing. Extensive experiments on real datasets show that the framework achieves better performance than traditional process methods.

The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada Comment on "Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts".

PubMed

Lake, Stephanie; Kerr, Thomas

2016-09-10

A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization - adolescent usage and impaired driving - and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization - specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use - that have to date not received adequate attention. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

WHO-definition of health must be enforced by national law: a debate

PubMed Central

2013-01-01

Background On its establishment, the World Health Organization (WHO) defined health as a fundamental human right deserving legal protection. Subsequently, the Ottawa Charter reaffirmed health as a fundamental right, and emphasized health promotion as the most appropriate response to global health issues. Here we suggest that the WHO definition of health as more than simply the absence of illness is not normative, and therefore requires standardization. To date such standardization unfortunately is lacking. Discussion National legislatures must actively ensure fair access to health care, both nationally and internationally, and also must reduce social inequality. To achieve this requires practical action, not statements of intentions, commitments or targets. Protecting fundamental rights to health care can be a fruitful focus for legislatures. Legislative action can build an objective legal framework for health care law, and guide its interpretation and application. Additionally, it is important to ensure the law is appropriate, useful and sustainable. Summary Action is needed to protect the fundamental right to health care. Legislators should appropriately incorporate the WHO recommendations regarding this right into national law. Additionally, professional experts should help interpret and codify concepts of health and join the interdisciplinary discussion of a variable health standard. PMID:23782795

Deep-sea genetic resources: New frontiers for science and stewardship in areas beyond national jurisdiction

NASA Astrophysics Data System (ADS)

Harden-Davies, Harriet

2017-03-01

The deep-sea is a large source of marine genetic resources (MGR), which have many potential uses and are a growing area of research. Much of the deep-sea lies in areas beyond national jurisdiction (ABNJ), including 65% of the global ocean. MGR in ABNJ occupy a significant gap in the international legal framework. Access and benefit sharing of MGR is a key issue in the development of a new international legally-binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity in ABNJ. This paper examines how this is relevant to deep-sea scientific research and identifies emerging challenges and opportunities. There is no internationally agreed definition of MGR, however, deep-sea genetic resources could incorporate any biological material including genes, proteins and natural products. Deep-sea scientific research is the key actor accessing MGR in ABNJ and sharing benefits such as data, samples and knowledge. UNCLOS provides the international legal framework for marine scientific research, international science cooperation, capacity building and marine technology transfer. Enhanced implementation could support access and benefit sharing of MGR in ABNJ. Deep-sea scientific researchers could play an important role in informing practical new governance solutions for access and benefit sharing of MGR that promote scientific research in ABNJ and support deep-sea stewardship. Advancing knowledge of deep-sea biodiversity in ABNJ, enhancing open-access to data and samples, standardisation and international marine science cooperation are significant potential opportunity areas.

Using geographic information science to evaluate legal restrictions on freight transportation routing in disruptive scenarios

DOE PAGES

Fialkoff, Marc R.; Omitaomu, Olufemi A.; Peterson, Steven K.; ...

2016-12-23

Disasters have consequences and freight transportation is not immune from the effects of such disruptions. In the aftermath of disasters, planners and policymakers have to utilize scarce resources and work within legal frameworks to provide recovery for affected citizens and business. As seen with Hurricane Sandy, various observers noted the challenge with freight rerouting due to inoperable infrastructure and legal barriers involved with intermodal freight transportation. This paper focuses on how Geographic Information Systems (GIS); specifically WebTRAGIS (Transportation Routing Analysis GIS), a transportation routing platform developed at Oak Ridge National Laboratory, can be used to evaluate different routing options formore » freight transportation. In the case of freight transportation, the Merchant Marine Act of 1920 (also known as the Jones Act) restricts Short Sea Shipping (SSS) between coastwise points within U.S. territorial waters. This restriction leads to reliance on land-side modes for handling increased freight resulting from cargo diversion. Using Hurricane Sandy and the closure of the Port of New York/New Jersey as a case study, different modal studies were conducted; ultimately highlighting the various routes and provides insight into potential review of modal restrictions such as the Jones Act.« less

Using geographic information science to evaluate legal restrictions on freight transportation routing in disruptive scenarios

DOE Office of Scientific and Technical Information (OSTI.GOV)

Fialkoff, Marc R.; Omitaomu, Olufemi A.; Peterson, Steven K.

Disasters have consequences and freight transportation is not immune from the effects of such disruptions. In the aftermath of disasters, planners and policymakers have to utilize scarce resources and work within legal frameworks to provide recovery for affected citizens and business. As seen with Hurricane Sandy, various observers noted the challenge with freight rerouting due to inoperable infrastructure and legal barriers involved with intermodal freight transportation. This paper focuses on how Geographic Information Systems (GIS); specifically WebTRAGIS (Transportation Routing Analysis GIS), a transportation routing platform developed at Oak Ridge National Laboratory, can be used to evaluate different routing options formore » freight transportation. In the case of freight transportation, the Merchant Marine Act of 1920 (also known as the Jones Act) restricts Short Sea Shipping (SSS) between coastwise points within U.S. territorial waters. This restriction leads to reliance on land-side modes for handling increased freight resulting from cargo diversion. Using Hurricane Sandy and the closure of the Port of New York/New Jersey as a case study, different modal studies were conducted; ultimately highlighting the various routes and provides insight into potential review of modal restrictions such as the Jones Act.« less

Nurse prescribing in primary care in Spain: legal framework, historical characteristics and relationship to perceived professional identity.

PubMed

Romero-Collado, Angel; Homs-Romero, Erica; Zabaleta-del-Olmo, Edurne; Juvinya-Canal, Dolors

2014-04-01

To identify the extent of nurse prescription and determine specific medications and/or health-care supplies routinely prescribed by primary care nurses in Spain in a changing legal context. To explore nurse perceptions of legalized nurse prescription’s relationship to professional identity. Although the Spanish public has similar confidence in nurses and physicians, professional identity remains a concern for nurses. Nurse prescription has a confusing history in Spain but is increasingly common elsewhere, and may enhance nursing’s professional profile. A cross-sectional survey reporting the occurrence of nurse prescription in one province in Spain and primary care nurses’ perceptions of nurse prescription and professional identity in this province. The response rate was 69.6% (87 nurses). Frequent nurse-prescribed medications were vaccinations (63.1%), topical antiseptics (60.7%) and antipyretics(44.8%); health-care supplies included supplies for diabetes (51.8%), wound care dressings (44.2%) and incontinence (26.7%). Respondents indicated that nurse prescription positively contributes to the profession and to its development.Conclusion Nurse prescribing exists in primary care in Spain, and formal legalization is in progress but awaits a consensus formulary. Nurses indicated that full legalization would increase professional autonomy and contribute positively to the profession, as an example of how policy can have an impact on practice.Implications for nursing management Spain’s experience with inconclusive shifts in the legal status of nurse prescribing may contribute to the discussion in countries where this professional practice is not yet established.

Working for Industry. An Introduction to Workplace Assessment and the National Qualifications Framework.

ERIC Educational Resources Information Center

New Zealand Qualifications Authority, Wellington.

This booklet explains the operation of New Zealand's National Qualifications Framework (NQF) and its relationship to workplace assessment. Discussed first is the NQF's mission of encouraging people to continue their education and training after secondary school and permitting flexibility in where and how people train. The role of the NQF in…

Framework for National Flood Risk Assessment for Canada

NASA Astrophysics Data System (ADS)

Elshorbagy, A. A.; Raja, B.; Lakhanpal, A.; Razavi, S.; Ceola, S.; Montanari, A.

2016-12-01

Worldwide, floods have been identified as a standout amongst the most widely recognized catastrophic events, resulting in the loss of life and property. These natural hazards cannot be avoided, but their consequences can certainly be reduced by having prior knowledge of their occurrence and impact. In the context of floods, the terms occurrence and impact are substituted by flood hazard and flood vulnerability, respectively, which collectively define the flood risk. There is a high need for identifying the flood-prone areas and to quantify the risk associated with them. The present study aims at delivering flood risk maps, which prioritize the potential flood risk areas in Canada. The methodology adopted in this study involves integrating various available spatial datasets such as nightlights satellite imagery, land use, population and the digital elevation model, to build a flexible framework for national flood risk assessment for Canada. The flood risk framework assists in identifying the flood-prone areas and evaluating the associated risk. All these spatial datasets were brought to a common GIS platform for flood risk analysis. The spatial datasets deliver the socioeconomic and topographical information that is required for evaluating the flood vulnerability and flood hazard, respectively. Nightlights have been investigated as a tool to be used as a proxy for the human activities to identify areas with regard to economic investment. However, other datasets, including existing flood protection measures, we added to identify a realistic flood assessment framework. Furthermore, the city of Calgary was used as an example to investigate the effect of using Digital Elevation Models (DEMs) of varying resolutions on risk maps. Along with this, the risk map for the city was further enhanced by including the population data to give a social dimension to the risk map. Flood protection measures play a major role by significantly reducing the flood risk of events with a

Autism in the U.S.: social movement and legal change.

PubMed

Caruso, Daniela

2010-01-01

The social movement surrounding autism in the U.S. has been rightly defined a ray of light in the history of social progress. The movement is inspired by a true understanding of neuro-diversity and is capable of bringing about desirable change in political discourse. At several points along the way, however, the legal reforms prompted by the autism movement have been grafted onto preexisting patterns of inequality in the allocation of welfare, education, and medical services. In a context most recently complicated by economic recession, autism-driven change bears the mark of political and legal fragmentation. Distributively, it yields ambivalent results that have not yet received systemic attention. This article aims to fill this analytical vacuum by offering, first, a synoptic view of the several legal transformations brought about or advocated for by the autism movement and, second, a framework for investigating their distributive consequences.

[The legal possibilities for action in the health inspection of public eating establishments].

PubMed

Martínez Ferrando, R; García López de Sa, A; Gómez-Juárez Molina, F

1991-01-01

This study, based upon the Spanish legal framework and upon the experience of the authors, is intended to establish the legal procedures for action when a sanitary inspector finds himself in the situation where he observes that a public establishment is infringing some hygiene or sanitary regulation which may carry a health risk of varying seriousness. Possibilities for action are outlined, depending on the urgency and seriousness of the situation, as well as indicating who is responsible for the application of the law in each case. The legal possibilities for action are: the closure of the establishment, a warning, and institution of penal proceedings. Finally some suggestions are made as to the method of carrying out such inspections.

Legality, Racialization, and Immigrants’ Experience of Ethnoracial Harassment in Russia

PubMed Central

Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya

2017-01-01

Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants’ everyday experiences. The study findings are situated within the cross-national literature on migrants’ legal and ethnoracial exclusion in receiving contexts. PMID:29109593

Legality, Racialization, and Immigrants' Experience of Ethnoracial Harassment in Russia.

PubMed

Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya

2017-11-01

Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants' everyday experiences. The study findings are situated within the cross-national literature on migrants' legal and ethnoracial exclusion in receiving contexts.

Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

PubMed

Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra

2017-07-29

Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p <.001) and alcohol (p =.004) were significantly more in favor of medical cannabis legalization compared with students who never used them. Support for marijuana recreational use was also related to prior marijuana (p <.001) and alcohol consumption (p =.006). Only cancer (90.4%) and chronic pain (74.2%) were correctly reported approved medical indications by more than half the students. Students who supported medical cannabis legalization showed better knowledge about indications, in contrast to opponents for legalization who showed better knowledge about side effects. Beliefs that using medical cannabis is safe and has health benefits were correlated with support for legalization, and previous marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

The interim regulated legal market for NPS ('legal high') products in New Zealand: The impact of new retail restrictions and product licensing.

PubMed

Wilkins, Chris

2014-01-01

New Zealand has recently established the world's first regulated legal market for new psychoactive products (NPS) (i.e. 'legal highs'). While the new regime is currently in a transitional phase, a range of retail restrictions and an interim licensing regime for NPS products and operators has been introduced. A product safety assessment framework has been developed to determine if a product should receive an interim licence. As a result of the licensing requirements, the number of NPS retail outlets fell from 3000- 4000 largely convenience stores to 156 specialty stores, and the number of legally available NPS products fell from 200 to fewer than 46. Some of the licensed products contain potent cannabinoid compounds. The licensing system provided, for the first time, information on all the products and operators involved in the sector, and this will assist future monitoring. The effectiveness of the new product safety assessment framework will depend on the quality of the data available on adverse cases. This is a challenge as self-reported information from users is often unreliable, and some emergency department cases do not have all the information required to make an accurate assessment. These data limitations indicate the need for retrospective studies of NPS adverse cases and additional test data. While the new legislation initially reduced the number of NPS retailers by prohibiting convenience outlets, new specialized NPS retail outlets may emerge as the new sector expands. Empirical research is required to measure the impact of the reduction in retail outlets and products on NPS availability. Copyright © 2014 John Wiley & Sons, Ltd.

[Temporary disability and its legal implications].

PubMed

Martin-Fumadó, Carles; Martí Amengual, Gabriel; Puig Bausili, Lluïsa; Arimany-Manso, Josep

2014-03-01

Temporary disability is the condition that workers face when, as the result of illness (common or professional) or accident (work-related or not), they are temporarily prevented from performing their work and require health care. The management of temporary disability is a medical act that involves (in addition to a complex clinical assessment) obvious social, occupational and financial connotations and requires continuing medical follow-up from doctors, as well as responses to medical-legal conflicts. The regulatory framework on the subject is extensive in the Spanish setting and highly diverse in the European setting. Beyond the regulatory framework, the repercussions of temporary disability are self-evident at all levels. Although determining temporary disability is a common medical act for practicing physicians, it is not exempt from risks or difficulties arising from the assessment itself and the characteristics of practicing medical care. Established medical-legal conflicts include the processing of health data and the requirements for transferring information related to workers' temporary disability to their company's medical services. The interest and usefulness demonstrated by the data obtained from forensic medicine for public health require the incorporation of these data into general healthcare information, as it could be essential to the surveillance of worker health. The recommendations established by medical societies, as good practice guidelines, are especially useful in this type of conflict. Copyright © 2014 Elsevier España, S.L. All rights reserved.

Call for a dedicated European legal framework for bacteriophage therapy.

PubMed

Verbeken, Gilbert; Pirnay, Jean-Paul; Lavigne, Rob; Jennes, Serge; De Vos, Daniel; Casteels, Minne; Huys, Isabelle

2014-04-01

The worldwide emergence of antibiotic resistances and the drying up of the antibiotic pipeline have spurred a search for alternative or complementary antibacterial therapies. Bacteriophages are bacterial viruses that have been used for almost a century to combat bacterial infections, particularly in Poland and the former Soviet Union. The antibiotic crisis has triggered a renewed clinical and agricultural interest in bacteriophages. This, combined with new scientific insights, has pushed bacteriophages to the forefront of the search for new approaches to fighting bacterial infections. But before bacteriophage therapy can be introduced into clinical practice in the European Union, several challenges must be overcome. One of these is the conceptualization and classification of bacteriophage therapy itself and the extent to which it constitutes a human medicinal product regulated under the European Human Code for Medicines (Directive 2001/83/EC). Can therapeutic products containing natural bacteriophages be categorized under the current European regulatory framework, or should this framework be adapted? Various actors in the field have discussed the need for an adapted (or entirely new) regulatory framework for the reintroduction of bacteriophage therapy in Europe. This led to the identification of several characteristics specific to natural bacteriophages that should be taken into consideration by regulators when evaluating bacteriophage therapy. One important consideration is whether bacteriophage therapy development occurs on an industrial scale or a hospital-based, patient-specific scale. More suitable regulatory standards may create opportunities to improve insights into this promising therapeutic approach. In light of this, we argue for the creation of a new, dedicated European regulatory framework for bacteriophage therapy.

HIV Infection Legal Issues: An Introduction for Developmental Services. Technical Report on Developmental Disabilities and HIV Infection, Number 2.

ERIC Educational Resources Information Center

Harvey, David C.; Decker, Curtis L.

As agencies and programs serving individuals with developmental disabilities are called upon to serve a new population of individuals with human immunodeficiency virus (HIV) infection, they will be forced to confront complex legal questions. This paper discusses the legal frameworks in which individuals with HIV infection are considered eligible…

Responsibility without legal authority? Tackling alcohol-related health harms through licensing and planning policy in local government.

PubMed

Martineau, F P; Graff, H; Mitchell, C; Lock, K

2014-09-01

The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to implement effective population-level health interventions. Case studies of local government alcohol control practices are described. Addressing alcohol-related health harms is constrained by the absence of a specific legal health licensing objective and differences between public health and legal assessments of the relevance of health evidence to a specific place. Local governments can, however, implement health-relevant policies by developing local evidence for alcohol-related health harms; addressing cumulative impact in licensing policy statements and through other non-legislative approaches such as health and non-health sector partnerships. Innovative local initiatives-for example, minimum unit pricing licensing conditions-can serve as test cases for wider national implementation. By combining the powers available to the many local government sectors involved in alcohol control, alcohol-related health and social harms can be tackled through existing local mechanisms. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

Cooperative Agreements in Indian Education. Indian Education Legal Support Project: "Tribalizing Indian Education."

ERIC Educational Resources Information Center

McCoy, Melody

The Indian Education Legal Support Project emphasizes the legal rights of tribes to control the formal education of their members. The project's work includes developing tribal education laws and reforming state and national Indian education legislation. This document compiles 10 voluntary cooperative agreements among federal, public, and tribal…

Evaluation of the causal framework used for setting national ambient air quality standards.

PubMed

Goodman, Julie E; Prueitt, Robyn L; Sax, Sonja N; Bailey, Lisa A; Rhomberg, Lorenz R

2013-11-01

Abstract A scientifically sound assessment of the potential hazards associated with a substance requires a systematic, objective and transparent evaluation of the weight of evidence (WoE) for causality of health effects. We critically evaluated the current WoE framework for causal determination used in the United States Environmental Protection Agency's (EPA's) assessments of the scientific data on air pollutants for the National Ambient Air Quality Standards (NAAQS) review process, including its methods for literature searches; study selection, evaluation and integration; and causal judgments. The causal framework used in recent NAAQS evaluations has many valuable features, but it could be more explicit in some cases, and some features are missing that should be included in every WoE evaluation. Because of this, it has not always been applied consistently in evaluations of causality, leading to conclusions that are not always supported by the overall WoE, as we demonstrate using EPA's ozone Integrated Science Assessment as a case study. We propose additions to the NAAQS causal framework based on best practices gleaned from a previously conducted survey of available WoE frameworks. A revision of the NAAQS causal framework so that it more closely aligns with these best practices and the full and consistent application of the framework will improve future assessments of the potential health effects of criteria air pollutants by making the assessments more thorough, transparent, and scientifically sound.

Legal issues in governing genetic biobanks: the Italian framework as a case study for the implications for citizen's health through public-private initiatives.

PubMed

Piciocchi, Cinzia; Ducato, Rossana; Martinelli, Lucia; Perra, Silvia; Tomasi, Marta; Zuddas, Carla; Mascalzoni, Deborah

2018-04-01

This paper outlines some of the challenges faced by regulation of genetic biobanking, using case studies coming from the Italian legal system. The governance of genetic resources in the context of genetic biobanks in Italy is discussed, as an example of the stratification of different inputs and rules: EU law, national law, orders made by authorities and soft law, which need to be integrated with ethical principles, technological strategies and solutions. After providing an overview of the Italian legal regulation of genetic data processing, it considers the fate of genetic material and IP rights in the event of a biobank's insolvency. To this end, it analyses two case studies: a controversial bankruptcy case which occurred in Sardinia, one of the first examples of private and public partnership biobanks. Another case study considered is the Chris project: an example of partnership between a research institute in Bolzano and the South Tyrolean Health System. Both cases seem to point in the same direction, suggesting expediency of promoting and improving public-private partnerships to manage biological tissues and biotrust to conciliate patent law and public interest.

The Law and Emergencies: Surveillance for Public Health–Related Legal Issues During Hurricanes Katrina and Rita

PubMed Central

Weiss, Rachel I.; McKie, Karen L.; Goodman, Richard A.

2007-01-01

Law influenced every aspect of the public health response to Hurricanes Katrina and Rita, from evacuation orders, to waivers of medical licensing requirements, to the clean-up of public health threats on private property. We used public health surveillance of news reports to identify and characterize legal issues arising during the disaster response in 5 Gulf Coast states. Data collected from news reports of the events in real time were followed-up by interviews with selected state legal and emergency management officials. Our analysis indicates the value of surveillance during and after emergency responses in identifying public health–related legal issues and helps to inform the strengthening of legal preparedness frameworks for future disasters. PMID:17413083

Technical Guidance from the International Safety Framework for Nuclear Power Source Applications in Outer Space for Design and Development Phases

NASA Astrophysics Data System (ADS)

Summerer, Leopold

2014-08-01

In 2009, the International Safety Framework for Nuclear Power Source Applications in Outer Space [1] has been adopted, following a multi-year process that involved all major space faring nations in the frame of the International Atomic Energy Agency and the UN Committee on the Peaceful Uses of Outer Space. The safety framework reflects an international consensus on best practices. After the older 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space, it is the second document at UN level dedicated entirely to space nuclear power sources.This paper analyses aspects of the safety framework relevant for the design and development phases of space nuclear power sources. While early publications have started analysing the legal aspects of the safety framework, its technical guidance has not yet been subject to scholarly articles. The present paper therefore focuses on the technical guidance provided in the safety framework, in an attempt to assist engineers and practitioners to benefit from these.

What is legal medicine--are legal and forensic medicine the same?

PubMed

Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

Adapting public policy theory for public health research: A framework to understand the development of national policies on global health.

PubMed

Jones, Catherine M; Clavier, Carole; Potvin, Louise

2017-03-01

National policies on global health appear as one way that actors from health, development and foreign affairs sectors in a country coordinate state action on global health. Next to a burgeoning literature in which international relations and global governance theories are employed to understand global health policy and global health diplomacy at the international level, little is known about policy processes for global health at the national scale. We propose a framework of the policy process to understand how such policies are developed, and we identify challenges for public health researchers integrating conceptual tools from political science. We developed the framework using a two-step process: 1) reviewing literature to establish criteria for selecting a theoretical framework fit for this purpose, and 2) adapting Real-Dato's synthesis framework to integrate a cognitive approach to public policy within a constructivist perspective. Our framework identifies multiple contexts as part of the policy process, focuses on situations where actors work together to make national policy on global health, considers these interactive situations as spaces for observing external influences on policy change and proposes policy design as the output of the process. We suggest that this framework makes three contributions to the conceptualisation of national policy on global health as a research object. First, it emphasizes collective action over decisions of individual policy actors. Second, it conceptualises the policy process as organised interactive spaces for collaboration rather than as stages of a policy cycle. Third, national decision-making spaces are opportunities for transferring ideas and knowledge from different sectors and settings, and represent opportunities to identify international influences on a country's global health policy. We discuss two sets of challenges for public health researchers using interdisciplinary approaches in policy research. Copyright �

Current medico-legal death investigation system in China.

PubMed

Chang, Lin; Zhang, Baosheng; Yan, Ping; Fowler, David; Li, Ling

2011-07-01

Medico-legal death investigation in China has a long history that can be traced back to the Chhin era in the third century BC. We conducted a national study on the current medico-legal death investigation system in China. Our study showed that, at present, medico-legal death investigations in China are conducted by c. 12,000 forensic medical experts mainly within five relatively independent agencies: the police organizations, the prosecutors' offices, the departments/divisions of forensic medicine/science in medical colleges and universities, the Institute of Forensic Science in the Ministry of Justice, and the government or private forensic societies. Owing to China's large population and area, the medico-legal death investigation is largely based on the administrative divisions. There is a wide variation in the scope, extent, and quality of investigations among the agencies and at the different levels of county/district, municipal, and provincial governments. This article gives a general overview of medicolegal death investigation in modern China. © 2011 American Academy of Forensic Sciences.

The effect of abortion legalization on sexual behavior: evidence from sexually transmitted diseases.

PubMed

Klick, Jonathan; Stratmann, Thomas

2003-06-01

Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we find a divergence in STD rates among early legalizing states and late legalizing states starting in 1970 and a subsequent convergence after the Roe v. Wade decision, indicating that the relation between STDs and abortion is casual. Abortion legalization accounts for about one-fourth of the average disease incidence.

Epilepsy: legal discrimination from negative to positive.

PubMed

Mani, K S

1997-01-01

Indian law equates epilepsy with temporary insanity and also prohibits a legally valid marriage for a person with epilepsy with inherent risk of divorce. This absurd law, unique to India and possibly Brazil, must be excised in toto. Repeated petitions, by the Indian Epilepsy Association, to the Federal Government, have resulted in only vague assurances and alternate methods are under consideration. There are no legal impediments to education or work. Strict regulations against driving have yielded place to lax rules wherein a person can drive a vehicle, even after a recent fit, provided he gets a certificate from any registered medical practitioner. The nascent medical insurance specifically excludes epilepsy from its ambit. The cost of anti-epileptic drugs includes a 40% tax akin to Value Added Tax in the West. We must consider the impact of these legal impediments on the social fabric of the individual in his/her milieu and vis-a-vis priorities in national development.

The Terri Schiavo case: legal, ethical, and medical perspectives.

PubMed

Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

2005-11-15

Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

The legal framework to manage chemical pollution in India and the lesson from the Persistent Organic Pollutants (POPs).

PubMed

Sharma, Brij Mohan; Bharat, Girija K; Tayal, Shresth; Nizzetto, Luca; Larssen, Thorjørn

2014-08-15

India's rapid agro-economic growth has resulted into many environmental issues, especially related to chemical pollution. Environmental management and control of toxic chemicals have gained significant attention from policy makers, researchers, and enterprises in India. The present study reviews the policy and legal and non-regulatory schemes set in place in this country during the last decades to manage chemical risk and compares them with those in developed nations. India has a large and fragmented body of regulation to control and manage chemical pollution which appears to be ineffective in protecting environment and human health. The example of POPs contamination in India is proposed to support such a theory. Overlapping of jurisdictions and retrospectively approached environmental policy and risk management currently adopted in India are out of date and excluding Indian economy from the process of building and participating into new, environmentally-sustainable market spaces for chemical products. To address these issues, the introduction of a new integrated and scientifically-informed regulation and management scheme is recommended. Such scheme should acknowledge the principle of risk management rather than the current one based on risk acceptance. To this end, India should take advantage of the experience of recently introduced chemical management regulation in some developed nations. Copyright © 2014 Elsevier B.V. All rights reserved.

Visitor experience and resource protection framework in the National Park System: rationale, current status, and future direction

Treesearch

Marilyn Hof; David W. Lime

1997-01-01

The Visitor Experience and Resource Protection (VERP) framework was developed by the National Park Service to address carrying capacity questions associated with visitation-related resource impacts and impacts to the quality of visitor experiences. The framework can be applied as part of a park’s general management planning process (general management plans, GMPs), to...

Ocean in peril: reforming the management of global ocean living resources in areas beyond national jurisdiction.

PubMed

Gjerde, Kristina M; Currie, Duncan; Wowk, Kateryna; Sack, Karen

2013-09-30

This article presents the outcome of research aimed at assisting governments in meeting their commitments and legal obligations for sustainable fisheries, based on increasing evidence that global fisheries are in crisis. The article assesses the effectiveness of the existing legal and institutional framework for high seas living resources. It focuses on: (1) the role of regional fisheries management organizations (RFMOs); (2) tools for compliance and enforcement to stem illegal fishing; and (3) mechanisms for habitat protection. The article further highlights a variety of options for addressing key weaknesses and gaps in current ocean governance, including United Nations General Assembly (UNGA) resolutions, reforms at the regional level, as well as a possible new legal instrument, with a view to informing international discussions on ways to ensure the sustainable use of high seas resources without compromising the health of the marine environment. Copyright © 2013 Elsevier Ltd. All rights reserved.

Tracking sustainable development with a national barometer for South Africa using a downscaled “safe and just space” framework

PubMed Central

Cole, Megan J.; Bailey, Richard M.; New, Mark G.

2014-01-01

Nations in the 21st century face a complex mix of environmental and social challenges, as highlighted by the on-going Sustainable Development Goals process. The “planetary boundaries” concept [Rockström J, et al. (2009) Nature 461(7263):472–475], and its extension through the addition of social well-being indicators to create a framework for “safe and just” inclusive sustainable development [Raworth K (2012) Nature Climate Change 2(4):225–226], have received considerable attention in science and policy circles. As the chief aim of this framework is to influence public policy, and this happens largely at the national level, we assess whether it can be used at the national scale, using South Africa as a test case. We developed a decision-based methodology for downscaling the framework and created a national “barometer” for South Africa, combining 20 indicators and boundaries for environmental stress and social deprivation. We find that it is possible to maintain the original design and concept of the framework while making it meaningful in the national context, raising new questions and identifying priority areas for action. Our results show that South Africa has exceeded its environmental boundaries for biodiversity loss, marine harvesting, freshwater use, and climate change, and social deprivation is most severe in the areas of safety, income, and employment. Trends since 1994 show improvement in nearly all social indicators, but progression toward or over boundaries for most environmental indicators. The barometer shows that achieving inclusive sustainable development in South Africa requires national and global action on multiple fronts, and careful consideration of the interplay between different environmental domains and development strategies. PMID:25294930

The National Institute on Aging and the Alzheimer's Association Research Framework for Alzheimer's disease: Perspectives from the Research Roundtable.

PubMed

Knopman, David S; Haeberlein, Samantha Budd; Carrillo, Maria C; Hendrix, James A; Kerchner, Geoff; Margolin, Richard; Maruff, Paul; Miller, David S; Tong, Gary; Tome, Maria B; Murray, Melissa E; Nelson, Peter T; Sano, Mary; Mattsson, Niklas; Sultzer, David L; Montine, Thomas J; Jack, Clifford R; Kolb, Hartmuth; Petersen, Ronald C; Vemuri, Prashanthi; Canniere, Megan Zoschg; Schneider, Julie A; Resnick, Susan M; Romano, Gary; van Harten, Argonde Corien; Wolk, David A; Bain, Lisa J; Siemers, Eric

2018-04-01

The Alzheimer's Association's Research Roundtable met in November 2017 to explore the new National Institute on Aging and the Alzheimer's Association Research Framework for Alzheimer's disease. The meeting allowed experts in the field from academia, industry, and government to provide perspectives on the new National Institute on Aging and the Alzheimer's Association Research Framework. This review will summarize the "A, T, N System" (Amyloid, Tau, and Neurodegeneration) using biomarkers and how this may be applied to clinical research and drug development. In addition, challenges and barriers to the potential adoption of this new framework will be discussed. Finally, future directions for research will be proposed. Copyright © 2018 the Alzheimer's Association. Published by Elsevier Inc. All rights reserved.

Cohort Changes in Attitudes About Legalized Abortion.

ERIC Educational Resources Information Center

Cutler, Stephen J.; And Others

Cohort changes in attitudes about the availability of legal abortions are traced over a 12-year period using data from seven national surveys. Contrary to the aging-conservatism hypothesis, trends in the direction of increasingly favorable attitudes between 1965 and 1973 and general stability thereafter characterize all cohorts. On this issue,…

31 CFR 515.512 - Provision of certain legal services authorized.

Code of Federal Regulations, 2010 CFR

2010-07-01

... authorized. (a) The provision of the following legal services to or on behalf of Cuba or a Cuban national is... services to Cuba or a Cuban national, not otherwise authorized in this part, requires the issuance of a... other judicial process purporting to transfer or otherwise alter or affect property in which Cuba or a...

Legally high? Legal considerations of Salvia divinorum.

PubMed

Griffin, O Hayden; Miller, Bryan Lee; Khey, David N

2008-06-01

The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

Psychotropics without borders: ethics and legal implications of internet-based access to psychiatric medications.

PubMed

Klein, Carolina A

2011-01-01

Medical practitioners are revisiting many of the ethics and the legal implications surrounding the clinical frameworks within which we operate. In today's world, distinguishing between virtual and physical reality continues to be increasingly difficult. The physician may be found grappling with the decision of whether to continue to treat a patient who may be obtaining psychotropic medications through the Internet. This article approaches some of the clinical and legal implications and the ethics regarding the availability of prescription psychotropics over the Internet.

Ethical, legal, and social aspects of farm animal cloning in the 6th Framework Programme for Research.

PubMed

Claxton, John; Sachez, Elena; Matthiessen-Guyader, Line

2004-01-01

Cloned livestock have potential importance in the provision of improved medicine as well as in the development of livestock production. The public is, however, increasingly concerned about the social and ethical consequences of these advances in knowledge and techniques. There is unevenness throughout Europe in different Member States' attitudes to research into livestock cloning. Although there is EU legislation controlling the use of animals for research purposes, there is no legislation specifically governing cloning in livestock production. The main EU reference is the 9th Opinion of the European Group on Ethics, which states "Cloning of farm animals may prove to be of medical and agricultural as well as economic benefit. It is acceptable only when the aims and methods are ethically justified and when carried out under ethical conditions." The ethical justification includes the avoidance of suffering, the use of the 3Rs principle and a lack of better alternatives. The Commission addresses these issues in the 6th Framework Programme by promoting the integration of ethical, legal and social aspects in all proposals where they are relevant, by fostering ethical awareness and foresight in the proposals, by encouraging public dialogue, and by supporting specific actions to promote the debate. Research must respect fundamental ethical principles, including animal welfare requirements.

Arguing with Stephanie Allais. Are National Qualifications Frameworks Instruments of Neoliberalism and Social Constructivism?

ERIC Educational Resources Information Center

Blackmur, Douglas

2015-01-01

National Qualifications Frameworks (NQFs) are a principal means by which governments seek to assure the quality of higher education. A body of critical scholarship has, however, emerged in the last two decades that challenges their philosophical and practical foundations. Stephanie Allais is prominent amongst the critics. She has published…

[Compulsory outpatient treatment and mental health care: aspects of the legal discussion from the European and Israeli perspective].

PubMed

Hegendörfer, Gerhard

2007-04-01

Recent German legal initiatives for ordering compulsory outpatient treatment in mental health care are discussed and contrasted with regulations from other European countries and Israel. The legal basis for such coercive measures is comparatively assessed by use of these documents. European countries seem somewhat hesitant to incorporate compulsory outpatient treatment into their civil legislation frameworks. Legal initiatives on this issue in Germany were rejected both on the level of the Federal civil law, and on the State-level of public administrative law. From the legal point of view reasons against compulsory outpatient treatment in mental health care are embedded in the constitutional law and in international human rights.

45 CFR 2551.122 - What legal coverage does the Corporation make available to Senior Companions?

Code of Federal Regulations, 2010 CFR

2010-10-01

... available to Senior Companions? 2551.122 Section 2551.122 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE SENIOR COMPANION PROGRAM Restrictions and Legal Representation § 2551.122 What legal coverage does the Corporation make available to Senior...

[Development of a Conceptual Framework for the Assessment of Chronic Care in the Spanish National Health System].

PubMed

Espallargues, Mireia; Serra-Sutton, Vicky; Solans-Domènech, Maite; Torrente, Elena; Moharra, Montse; Benítez, Dolors; Robles, Noemí; Domíngo, Laia; Escarrabill Sanglas, Joan

2016-07-07

The aim was to develop a conceptual framework for the assessment of new healthcare initiatives on chronic diseases within the Spanish National Health System. A comprehensive literature review between 2002 and 2013, including systematic reviews, meta-analysis, and reports with evaluation frameworks and/or assessment of initiatives was carried out; integrated care initiatives established in Catalonia were studied and described; and semistructured interviews with key stakeholders were performed. The scope and conceptual framework were defined by using the brainstorming approach.Of 910 abstracts identified, a total of 116 studies were included. They referred to several conceptual frameworks and/or assessment indicators at a national and international level. An overall of 24 established chronic care initiatives were identified (9 integrated care initiatives); 10 in-depth interviews were carried out. The proposed conceptual framework envisages: 1)the target population according to complexity levels; 2)an evaluation approach of the structure, processes, and outcomes considering the health status achieved, the recovery process and the maintenance of health; and 3)the dimensions or attributes to be assessed. The proposed conceptual framework will be helpful has been useful to develop indicators and implement them with a community-based and result-oriented approach and a territorial or population-based perspective within the Spanish Health System. This will be essential to know which are the most effective strategies, what are the key elements that determine greater success and what are the groups of patients who can most benefit.

Legal barriers in accessing opioid medicines: results of the ATOME quick scan of national legislation of eastern European countries.

PubMed

Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Jünger, Saskia; Radbruch, Lukas; Lisman, John; Scholten, Willem; Payne, Sheila; Lynch, Tom; Schutjens, Marie-Hélène D B

2014-12-01

Overregulation of controlled medicines is one of the factors contributing to limited access to opioid medicines. The purpose of this study was to identify legal barriers to access to opioid medicines in 12 Eastern European countries participating in the Access to Opioid Medication in Europa project, using a quick scan method. A quick scan method to identify legal barriers was developed focusing on eight different categories of barriers. Key experts in 12 European countries were requested to send relevant legislation. Legislation was quick scanned using World Health Organization guidelines. Overly restrictive provisions and provisions that contain stigmatizing language and incorrect definitions were identified. The selected provisions were scored into two categories: 1) barrier and 2) uncertain, and reviewed by two authors. A barrier was recorded if both authors agreed the selected provision to be a barrier (Category 1). National legislation was obtained from 11 of 12 countries. All 11 countries showed legal barriers in the areas of prescribing (most frequently observed barrier). Ten countries showed barriers in the areas of dispensing and showed stigmatizing language and incorrect use of definitions in their legislation. Most barriers were identified in the legislation of Bulgaria, Greece, Lithuania, Serbia, and Slovenia. The Cypriot legislation showed the fewest total number of barriers. The selected countries have in common as main barriers prescribing and dispensing restrictions, the use of stigmatizing language, and incorrect use of definitions. The practical impact of these barriers identified using a quick scan method needs to be validated by other means. Copyright © 2014 American Academy of Hospice and Palliative Medicine. Published by Elsevier Inc. All rights reserved.

Legal disputes as a proxy for regional conflicts over water rights in Chile

NASA Astrophysics Data System (ADS)

Rivera, Diego; Godoy-Faúndez, Alex; Lillo, Mario; Alvez, Amaya; Delgado, Verónica; Gonzalo-Martín, Consuelo; Menasalvas, Ernestina; Costumero, Roberto; García-Pedrero, Ángel

2016-04-01

Water demand and climate variability increases competition and tension between water users -agricultural, industrial, mining, hydropower- and local communities. Since 1981, the Water Code has regulated water allocation through private individual property rights, fostering markets as the distribution mechanism among users. When legal conflicts occur between parties, it is the responsibility of the courts to settle the conflict. The aim of this research is twofold: first, to apply a geographical approach by mapping water conflicts using legal disputes reaching the higher courts as a proxy for conflict intensity and second, to explain the diversity of water disputes and how they vary regionally. We built a representative database with a sample of 1000 legal records corresponding to decisions issued by the Supreme Court and 17 courts of appeal throughout the country from 1981 to 2014. For geo-tagging, all records were transformed to plain text and analyzed to find words matching the entries of a geographical thesaurus, allowing records to be linked to geographical locations. The geo-tagging algorithm is capable of automatically populating a searchable database. Several maps were constructed using a color scale to visualize conflict intensity. Legal disputes represent different types of conflicts among water users, such as competition between agriculture and hydropower. Processed data allowed the identification of the regional variation of conflicts. The spatial pattern for the intensity of conflicts related to specific sections of the Water Code is explained in terms of the main geographical, climatic and productive characteristics of Chile. Geo-tagging legal records shows a strong potential to understand and define regional variation of water conflicts. However, data availability would become a barrier if measures to improve data management were not taken. Regarding the institutional framework, the same regulations for water management rules are applied throughout the

3 CFR 8397 - Proclamation 8397 of July 23, 2009. 35th Anniversary of the Legal Services Corporation, 2009

Code of Federal Regulations, 2010 CFR

2010-01-01

... years during which the LSC has moved our Nation and our legal system towards greater equality. The LSC... of the Legal Services Corporation, 2009 8397 Proclamation 8397 Presidential Documents Proclamations Proclamation 8397 of July 23, 2009 Proc. 8397 35th Anniversary of the Legal Services Corporation, 2009By the...

K-12 students with concussions: a legal perspective.

PubMed

Zirkel, Perry A; Brown, Brenda Eagan

2015-04-01

This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act and the varying state laws or local policies for individual health plans and (b) a summary of the developing body of hearing officer decisions, court decisions, and Office for Civil Rights rulings that have applied this framework to K-12 students with concussions. The final part offers recommendations for proactive return to school policies, with the school nurse playing a central supporting role. © The Author(s) 2014.

Ethical, legal, and social issues in the translation of genomics into health care.

PubMed

Badzek, Laurie; Henaghan, Mark; Turner, Martha; Monsen, Rita

2013-03-01

The rapid continuous feed of new information from scientific discoveries related to the human genome makes translation and incorporation of information into the clinical setting difficult and creates ethical, legal, and social challenges for providers. This article overviews some of the legal and ethical foundations that guide our response to current complex issues in health care associated with the impact of scientific discoveries related to the human genome. Overlapping ethical, legal, and social implications impact nurses and other healthcare professionals as they seek to identify and translate into practice important information related to new genomic scientific knowledge. Ethical and legal foundations such as professional codes, human dignity, and human rights provide the framework for understanding highly complex genomic issues. Ethical, legal, and social concerns of the health provider in the translation of genomic knowledge into practice including minimizing harms, maximizing benefits, transparency, confidentiality, and informed consent are described. Additionally, nursing professional competencies related to ethical, legal, and social issues in the translation of genomics into health care are discussed. Ethical, legal, and social considerations in new genomic discovery necessitate that healthcare professionals have knowledge and competence to respond to complex genomic issues and provide appropriate information and care to patients, families, and communities. Understanding the ethical, legal, and social issues in the translation of genomic information into practice is essential to provide patients, families, and communities with competent, safe, effective health care. © 2013 Sigma Theta Tau International.

The Impact of Legal Advocacy Strategies to Advance Roma Health: The Case of Macedonia.

PubMed

Abdikeeva, Alphia; Covaci, Alina

2017-12-01

Across Europe, Roma face exclusion and obstacles in access to health services, resulting in poorer health. While there are legal and policy frameworks for Roma inclusion, implementation often lags behind. Increasing the grassroots capacity of Roma to advocate for accountability in health care and against systemic impediments has been a central focus of Open Society Foundations (OSF) support. This analysis discusses the impact of an OSF-supported legal advocacy project on Roma health rights in Macedonia. The paper uses qualitative indicators to measure the capacity of nongovernmental organizations, accountability for violations, changes in law and practice, and impact on communities. The methodology for assessing the impact of legal advocacy was developed over the course of OSF's legal advocacy project and used to calculate the baseline and conduct the follow-up assessment to track progress across four strategies: legal empowerment, documentation and advocacy, media advocacy, and strategic litigation. Results show that legal advocacy has led to a notable increase in Roma awareness of their health rights. The number of lawsuits has risen dramatically, and cases are increasingly more sophisticated. Although accountability in health care is still the exception rather than the rule, blatant violations have been reduced. Some structural barriers have also been tackled. At the same time, new challenges require continuous and adaptable legal advocacy.

[Internet presence in surgical departments in Germany. II. Legal bases of medical Internet presence].

PubMed

Schenk, C; Nimmerfroh, O; Mugomba, G; Dabidian, R; Glaser, F

2001-09-01

In recent years, the Internet has generally been growing throughout the world, and physicians have taken to the Web as well. Besides its use for medical data research, physicians and hospitals are increasingly discovering the Internet as a vehicle for the presentation of their scope of practice. In this regard, the legal frameworks in Germany are strictly regulated. This article presents current legal standards and consequences to be faced when the law on prohibited advertising is broken. Included are references to specific laws concerning Internet pages.

Naphyrone: a "legal high" not legal any more.

PubMed

Vardakou, Ioanna; Pistos, Constantinos; Dona, Artemis; Spiliopoulou, Chara; Athanaselis, Sotiris

2012-10-01

Naphyrone, also known as naphthylpyrovalerone and O-2482, is a cathinone derivative that has been recently advertized for purchase on a number of websites. Naphyrone belongs to a new class of "designer drugs" that has emerged on the drugs abuse market and has gained popularity as the new "legal high." Legal highs have been circulating for a number of years in Europe and are becoming popular in the United States. They are affordable, widely available, legal to use and possess, and legal to supply. This review presents any available information about safety profile, clinical data, analytical profile, and legislation of this legal high, which is not legal any more. Any available information has been collected by various literature search engines and the World Wide Web. The structure of naphyrone is similar to that of pyrovalerone, a monoamine uptake inhibitor. This new designer drug does not have a long history of use, so there is little evidence of its long-term effects or on the risks from its use. Because of its similarity to other cathinone derivatives, naphyrone is likely to share the same risks, such as anxiety, paranoia, and overstimulation of the heart and circulatory system. Naphyrone was classified as a controlled drug under the UK Misuse of Drugs Act of 1971 (Amendment No. 2) Regulation 2010.

Resourcing the National Goals for Schooling: An Agreed Framework of Principles for Funding Schools

ERIC Educational Resources Information Center

Ministerial Council on Education, Employment, Training and Youth Affairs (NJ1), 2012

2012-01-01

Funding for school education in Australia should be on the basis of clear and agreed policy principles for achieving effectiveness, efficiency, equity and a socially and culturally cohesive society. On the basis of these principles a national framework for funding schools will be supported by complementary State and Commonwealth models for funding…

Indigenous Peoples and Indicators of Well-Being: Australian Perspectives on United Nations Global Frameworks

ERIC Educational Resources Information Center

Taylor, John

2008-01-01

One of the major tasks of the United Nations Permanent Forum on Indigenous Issues (UNPFII) following its establishment in 2000 has been to establish statistical profiles of the world's Indigenous peoples. As part of this broad task, it has recommended that the Millennium Development Goals and other global reporting frameworks should be assessed…

Social Studies Framework: Kindergarten-Grade 12.

ERIC Educational Resources Information Center

Texas Education Agency, Austin.

This document provides general instructional guidelines for district administrators and teachers in Texas as they attempt to meet the goal of preparing students for citizenship in a democracy. The framework includes the legal requirements for social studies and provides guidelines to school districts in planning social studies programs for grades…

A critical analysis of the implementation of a legal regulated market for new psychoactive substances ("legal highs") in New Zealand.

PubMed

Rychert, Marta; Wilkins, Chris

2018-05-01

In July 2013 New Zealand passed the Psychoactive Substances Act (PSA) to establish the world's first regulated legal market for new psychoactive substances (NPS) ("legal highs"). To critically analyse the implementation of the PSA. Synthesis of findings from interviews with 30 key informants (i.e. politicians, civil servants, legal high industry actors, toxicologists, NGO representatives and drug policy academics), analysis of relevant laws and policy documents, and a review of academic and grey literature on the PSA. Key challenges experienced during the implementation of the PSA included the harmfulness of interim approved products, the slowness in withdrawing products which caused adverse effects, enforcing retail restrictions, price competition by retailers, judicial challenges by the "legal high" industry, and growing opposition to the regime from local communities and key stakeholders (including local councils). The PSA lacks a tax on products and restrictions on retail opening hours which likely contributed to the problems above. The implementation of the PSA also appeared to suffer from a rushed legislative process and resource constraints on the regulatory agency which led to delays in the development of the full regulatory framework, including the product testing requirements, and issues with enforcing retail regulation, such as the minimum age of purchase. The decline in public support for the PSA regime reflected problems with communicating the aims of the policy to the general public. The troubled implementation of the PSA underlines a number of important lessons for consideration when developing a regulated legal drug market, including advanced development of regulatory systems, ensuring the sale of low risk products, adequately resourcing regulatory agencies and related enforcement activity, detailed regulation of retail outlets, establishing price controls, and ongoing engagement with stakeholders and the general public. Copyright © 2018 Elsevier B

Geologic framework for the national assessment of carbon dioxide storage resources: Permian and Palo Duro Basins and Bend Arch-Fort Worth Basin: Chapter K in Geologic framework for the national assessment of carbon dioxide storage resources

USGS Publications Warehouse

Merrill, Matthew D.; Slucher, Ernie R.; Roberts-Ashby, Tina L.; Warwick, Peter D.; Blondes, Madalyn S.; Freeman, P.A.; Cahan, Steven M.; DeVera, Christina A.; Lohr, Celeste D.; Warwick, Peter D.; Corum, Margo D.

2015-01-01

The U.S. Geological Survey has completed an assessment of the potential geologic carbon dioxide storage resource in the onshore areas of the United States. To provide geological context and input data sources for the resources numbers, framework documents are being prepared for all areas that were investigated as part of the national assessment. This report is the geologic framework document for the Permian and Palo Duro Basins, the combined Bend arch-Fort Worth Basin area, and subbasins therein of Texas, New Mexico, and Oklahoma. In addition to a summarization of the geology and petroleum resources of studied basins, the individual storage assessment units (SAUs) within the basins are described and explanations for their selection are presented. Though appendixes in the national assessment publications include the input values used to calculate the available storage resource, this framework document provides only the context and source of inputs selected by the assessment geologists. Spatial files of boundaries for the SAUs herein, as well as maps of the density of known well bores that penetrate the SAU seal, are available for download with the release of this report.

Medical confidentiality versus disclosure: Ethical and legal dilemmas.

PubMed

Agyapong, V I O; Kirrane, R; Bangaru, R

2009-02-01

A case is described of a fifty year old single man who made disclosures about criminal sexual practices during a psychiatric assessment. In common practice with other professional men, a doctor is under a duty not to disclose, without the consent of his patient, information which he has gained in his professional capacity other than in exceptional circumstances. We discuss the ethical and legal considerations surrounding issues of medical confidentiality and the dilemma that sometimes face clinicians, when they feel obliged, in the public interest, to disclose information they have gained in confidence. Breach of confidences can have deleterious consequences; particularly for the doctor-patient relationship, but failure to disclose in some situations could have serious implications for the well-being of the wider society. Doctors should be aware of the basic principles of confidentiality and the ethical and legal framework around which they are built.

The Influence of Immigrant Parent Legal Status on U.S.-Born Children's Academic Abilities: The Moderating Effects of Social Service Use

ERIC Educational Resources Information Center

Brabeck, Kalina M.; Sibley, Erin; Taubin, Patricia; Murcia, Angela

2016-01-01

The present study investigated the relationship between immigrant parent legal status and academic performance among U.S.-born children, ages 7-10. Building on previous research and a social ecological framework, the study further explored how social service use moderates the relationship between parent legal status and academic performance.…

Student Disciplinary Issues: A Legal Compendium. Second Edition

ERIC Educational Resources Information Center

Brown, Valerie L., Ed.

This compendium provides an overview of selected codes of student conduct, a selection of annotated legal decisions and important law review articles, and various National Association of College and University Attorney (NACUA) outlines on the issue of student discipline in both academic and nonacademic contexts. Part 1 lists nonacademic codes of…

Is There a Conjunction Fallacy in Legal Probabilistic Decision Making?

PubMed

Wojciechowski, Bartosz W; Pothos, Emmanuel M

2018-01-01

Classical probability theory (CPT) has represented the rational standard for decision making in human cognition. Even though CPT has provided many descriptively excellent decision models, there have also been some empirical results persistently problematic for CPT accounts. The tension between the normative prescription of CPT and human behavior is particularly acute in cases where we have higher expectations for rational decisions. One such case concerns legal decision making from legal experts, such as attorneys and prosecutors and, more so, judges. In the present research we explore one of the most influential CPT decision fallacies, the conjunction fallacy (CF), in a legal decision making task, involving assessing evidence that the same suspect had committed two separate crimes. The information for the two crimes was presented consecutively. Each participant was asked to provide individual ratings for the two crimes in some cases and conjunctive probability rating for both crimes in other cases, after all information had been presented. Overall, 360 probability ratings for guilt were collected from 120 participants, comprised of 40 judges, 40 attorneys and prosecutors, and 40 individuals without legal education. Our results provide evidence for a double conjunction fallacy (in this case, a higher probability of committing both crimes than the probability of committing either crime individually), in the group of individuals without legal education. These results are discussed in terms of their applied implications and in relation to a recent framework for understanding such results, quantum probability theory (QPT).

Is There a Conjunction Fallacy in Legal Probabilistic Decision Making?

PubMed Central

Wojciechowski, Bartosz W.; Pothos, Emmanuel M.

2018-01-01

Classical probability theory (CPT) has represented the rational standard for decision making in human cognition. Even though CPT has provided many descriptively excellent decision models, there have also been some empirical results persistently problematic for CPT accounts. The tension between the normative prescription of CPT and human behavior is particularly acute in cases where we have higher expectations for rational decisions. One such case concerns legal decision making from legal experts, such as attorneys and prosecutors and, more so, judges. In the present research we explore one of the most influential CPT decision fallacies, the conjunction fallacy (CF), in a legal decision making task, involving assessing evidence that the same suspect had committed two separate crimes. The information for the two crimes was presented consecutively. Each participant was asked to provide individual ratings for the two crimes in some cases and conjunctive probability rating for both crimes in other cases, after all information had been presented. Overall, 360 probability ratings for guilt were collected from 120 participants, comprised of 40 judges, 40 attorneys and prosecutors, and 40 individuals without legal education. Our results provide evidence for a double conjunction fallacy (in this case, a higher probability of committing both crimes than the probability of committing either crime individually), in the group of individuals without legal education. These results are discussed in terms of their applied implications and in relation to a recent framework for understanding such results, quantum probability theory (QPT). PMID:29674983

Scientific-practical and legal problems of implementation of the personalized medicine.

PubMed

Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

2017-09-01

The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

Sifting Through Chaos: Extracting Information from Unstructured Legal Opinions.

PubMed

Oliveira, Bruno Miguel; Guimarães, Rui Vasconcellos; Antunes, Luís; Rodrigues, Pedro Pereira

2018-01-01

Abiding to the law is, in some cases, a delicate balance between the rights of different players. Re-using health records is such a case. While the law grants reuse rights to public administration documents, in which health records produced in public health institutions are included, it also grants privacy to personal records. To safeguard a correct usage of data, public hospitals in Portugal employ jurists that are responsible for allowing or withholding access rights to health records. To help decision making, these jurists can consult the legal opinions issued by the national committee on public administration documents usage. While these legal opinions are of undeniable value, due to their doctrine contribution, they are only available in a format best suited from printing, forcing individual consultation of each document, with no option, whatsoever of clustered search, filtering or indexing, which are standard operations nowadays in a document management system. When having to decide on tens of data requests a day, it becomes unfeasible to consult the hundreds of legal opinions already available. With the objective to create a modern document management system, we devised an open, platform agnostic system that extracts and compiles the legal opinions, ex-tracts its contents and produces metadata, allowing for a fast searching and filtering of said legal opinions.

Assessing Study Abroad Programs: Application of the "SLEPT" Framework through Learning Communities

ERIC Educational Resources Information Center

Tajes, Maria; Ortiz, Jamie

2010-01-01

This case study proposes a comprehensive conceptual framework for exploring student learning outcomes of short-term study abroad programs. It uses the Social, Legal, Economic, Political, and Technological framework to assess understanding of the host country before departing and after returning. Participation fostered global literacy and critical…

Ethical and legal issues.

PubMed

Talom, J M

1996-01-01

At the 9th International Conference on AIDS and Sexually Transmitted Diseases in Africa (ICASA), issues concerning the legal and ethical aspects of HIV/AIDS are brought to the fore. Throughout the world, people living with HIV/AIDS are experiencing various forms of human rights abuses including testing abuses, lack of confidentiality, refusal to treat patients, dismissal of HIV-positive employees without sufficient reason, invasion of privacy, and placement of infected subjects in quarantine. This discrimination and stigmatization is not justified and gravely compromises the considerable efforts already made in fighting the epidemic. Participants suggested that the law should be used to support the authority of individuals infected with HIV/AIDS. Legislation should follow a double objective: it should know that victims of AIDS should be protected and supported, and it should clearly indicate what the responsibility of seropositive persons vis a vis society could be. The controversy of whether it is necessary to enact a legislation concerning HIV/AIDS, however, remained. While some people believed that the existing legal framework could be exploited to develop the necessary protocol concerning the responsibilities and rights of patients, an opposing viewpoint is that current legislation should not be applied in solving the problems associated with HIV/AIDS. But the important interest is that numerous recommendations of the ICASA will not remain simple declarations of intention, but translated into correct actions.

The medico-legal prerequisite for initiating quarantine and isolation practices in public health emergency management in hospitals in Ghana.

PubMed

Norman, I D; Aikins, M; Binka, F N

2011-12-01

Hospitals and other health facilities in Ghana do not appear to have standardized practices for quarantine and isolation in public health emergency management. This paper reviews the legislative framework governing the medico-legal prerequisites for initiating quarantine and isolation procedures as articulated in the Infectious Disease Act (Cap 78) 1908 amended, 1935, the Quarantine Act (Cap 77) 1915 amended, 1938, the Emergency Powers Act of 1994, (Act 472), and the National Disaster Management Act, 1996, (Act 517) in consonance with the 1992 Constitution of Ghana. The findings provide that (1) The legislative framework outlines systematic standards and protocols to be followed in the committal of person or persons in quarantine and isolation during public health emergencies. (2) These standards and protocols consider as imperative, the creation of standardized national templates for the initiation of quarantine and isolation measures. (3) The non-compliance of the standards and protocols renders vulnerable medical facilities and hospitals with their personnel to the threat of medical malpractice suits and breach of professional ethics. This paper provides suggestions to hospital administrators and medical personnel of how to develop administrative templates in compliance with the law in managing public health emergencies. It also provides examples of such templates for possible adoption by hospitals and other health administrators.

Cancer drug development and the evolving regulatory framework for companion diagnostics in the European union.

PubMed

Pignatti, Francesco; Ehmann, Falk; Hemmings, Robert; Jonsson, Bertil; Nuebling, Micha; Papaluca-Amati, Marisa; Posch, Martin; Rasi, Guido

2014-03-15

The European Union (EU) legal framework for medical device regulation is currently under revision. The European Commission has proposed a new framework to ensure that medical devices serve the needs and ensure the safety of European citizens, aiming for a framework that is fit for purpose, more transparent, and better adapted to scientific and technological progress. The proposed new framework is described as an evolution of the current regime keeping the same legal approach. An important proposed change is that companion diagnostics will no longer be considered as low risk and subject to self-certification by the manufacturer. According to the new proposal, companion diagnostics will be classified as high individual risk or moderate public health risk (category C) and require conformity assessment by a notified body. It has also been proposed that evidence of the clinical utility of the device for the intended purpose should be required for companion diagnostics. In this article, we review the EU legal framework relevant for companion diagnostics, describe the proposed changes, and summarize the available scientific guidance from the European Medicines Agency and its regulatory experience with cancer drug development including companion diagnostics. See all articles in this CCR Focus section, "The Precision Medicine Conundrum: Approaches to Companion Diagnostic Co-development." ©2014 AACR.

Antiprogestin drugs: ethical, legal and medical issues.

PubMed

Cook, R J; Grimes, D A

1992-01-01

RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems

Inmetro - Metrologia Legal

Science.gov Websites

Ética Mapa do site English Version Inmetro Metrologia Legal Procurando algo? Inmetro no Facebook Metrologia Legal Introdução .: Introdução :. A Metrologia Legal é parte da metrologia relacionada às ambiente. No Brasil as atividades da Metrologia Legal são uma atribuição do Inmetro, que também

Genetically modified organisms: an analysis of the regulatory framework currently employed within the European Union.

PubMed

Gent, R N

1999-09-01

Genetic engineering technology is starting to bring many commercial products to the market. These genetically modified organisms (GMOs) and their derived products are subject to topical debate as to their benefits and risks. The strengths and weaknesses of the regulatory framework that controls their development and application is central to the question of whether this technology poses significant risk to the public health during this critical phase of its evolution. A critical review was carried out of the legal framework regulating the contained use, deliberate release and some aspects of consumer protection relevant to the control of GMOs in Europe and the United Kingdom. The current legal framework is failing to provide a speed of adaptation commensurate with the development of the science of genetic engineering; failing to properly respond to democratic control; failing to resolve significant conflict between the protection of free markets and protection of public health and the environment; and failing to implement obligations on biodiversity. The present legal framework must be replaced. Current European Union proposals for new standards of regulation are welcome, but provide only for further incremental change, and do not address some significant fundamental flaws in our current laws.

The legal appearances of dementia in court rulings: mapping the terrain.

PubMed

Doron, Israel Issi; Werner, Perla; Spanier, Benny; Lazar, Ori

2017-05-01

Individuals with dementia may appear before the court in different roles: as victims, as witnesses, and as those standing up for their rights. While there is growing interest in the rights of older persons with dementia, relatively little empirical data exists regarding their actual interactions in courts. Therefore, the goal of this study was to empirically map this legal terrain. This study used a descriptive quantitative method. A computerized search of a national legal database limited to the period 2004-2014 and a screening process for the results were used to establish a sample of 280 court rulings that directly addressed dementia. All cases were analyzed and categorized into the following four criteria groups: characteristics of the person with dementia; characteristics of the legal procedure; the legal substance of the case; and the legal outcome. The majority of cases involved a single, very-elderly (i.e. over 80 years) woman, living in the community, with unspecified dementia. The majority of cases were heard and decided in lower level courts, addressing a broad range of primarily non-criminal legal issues. Finally, in the majority of non-criminal cases, the person with dementia was found to be legally capable, whereas in the majority of criminal cases, the person with dementia was found incapable. The legal needs and rights of persons with dementia are much broader than issues of legal capacity or social protection. Deeper knowledge and more research is needed in order to fully understand the contexts in which dementia is constructed under the law.

A national geographic framework for guiding conservation on a landscape scale

USGS Publications Warehouse

Millard, Michael J.; Czarnecki, Craig A.; Morton, John M.; Brandt, Laura A.; Briggs, Jennifer S.; Shipley, Frank S.; Sayre, Roger G.; Sponholtz, Pamela J.; Perkins, David; Simpkins, Darin G.; Taylor, Janith

2012-01-01

The U.S. Fish and Wildlife Service, along with the global conservation community, has recognized that the conservation challenges of the 21st century far exceed the responsibilities and footprint of any individual agency or program. The ecological effects of climate change and other anthropogenic stressors do not recognize geopolitical boundaries and, as such, demand a national geographic framework to provide structure for cross-jurisdictional and landscape-scale conservation strategies. In 2009, a new map of ecologically based conservation regions in which to organize capacity and implement strategic habitat conservation was developed using rapid prototyping and expert elicitation by an interagency team of U.S. Fish and Wildlife Service and U.S. Geological Survey scientists and conservation professionals. Incorporating Bird Conservation Regions, Freshwater Ecoregions, and U.S. Geological Survey hydrologic unit codes, the new geographic framework provides a spatial template for building conservation capacity and focusing biological planning and conservation design efforts. The Department of Interior's Landscape Conservation Cooperatives are being organized in these new conservation regions as multi-stakeholder collaborations for improved conservation science and management.

E-Competent Australia: Report on the Impact of E-Commerce on the National Training Framework.

ERIC Educational Resources Information Center

Mitchell, John

The impact of electronic commerce (e-commerce) on Australia's National Training Framework (NTF) was studied for the purpose of forecasting future demand for training in areas related to e-commerce and identifying appropriate responses by the NTF committee. The following were among the study's main data collection activities: reviews of the…

Sexual Abuse of the Mentally Retarded Patient: Medical and Legal Analysis for the Primary Care Physician

PubMed Central

Morano, Jamie P.

2001-01-01

The primary care physician has a vital role in documenting and preventing sexual abuse among the mentally retarded populations in our community. Since the current national trend is to integrate citizens with mental retardation into the community away from institutionalized care, it is essential that all physicians have a basic understanding of the unique medical and legal ramifications of their clinical diagnoses. As the legal arena is currently revising laws concerning rights of sexual consent among the mentally retarded, it is essential that determinations of mental competency follow national standards in order to delineate clearly any instance of sexual abuse. Clinical documentation of sexual abuse and sexually transmitted disease is an important part of a routine examination since many such individuals are indeed sexually active. Legal codes adjudicating sexual abuse cases of the mentally retarded often offer scant protection and vague terminology. Thus, medical documentation and physician competency rulings form a solid foundation for future work toward legal recourse for the abused. PMID:15014610

Gametes or organs? How should we legally classify ovaries used for transplantation in the USA?

PubMed Central

Campo-Engelstein, Lisa

2011-01-01

Ovarian tissue transplantation is an experimental procedure that can be used to treat both infertility and premature menopause. Working within the current legal framework in the USA, I examine whether ovarian tissue should be legally treated like gametes or organs in the case of ovarian tissue transplantation between two women. One option is to base classification upon its intended use: ovarian tissue used to treat infertility would be classified like gametes, and ovarian tissue used to treat premature menopause would be classified like organs. In the end, however, I argue that this approach will not work because it engenders too many legal, cultural and logistical concerns and that, at least for the near future, we should treat ovarian tissue like gametes. PMID:21245477

[Mentally ill and dangerous: civil commitment or internment? The Belgian judicial framework].

PubMed

Smets, H; Verelst, R; Vandenberghe, J

2009-01-01

There are two important Belgian laws referring to psychiatric disturbances that may prove dangerous. The Civil Code includes the law relating to the protection of the mentally ill person, dated 26th June 1990, better known as the law of civil commitment of the mentally ill. Since April, 2007, the Penal Code has contained a new law on the internment of people with a psychiatric disorder; this new law replaces the old law of the 1st July, 1964, meant to protect the society. Although the two laws apply to different fields, in clinical practice there are sometimes 'grey areas' where it is not immediately evident which legal framework is applicable. Starting from a case study in which the civil judge ordered the civil commitment of a detainee, we explore these 'grey areas' and compare the two legal frameworks. We base our study on the new law on internment, clarify it and sketch the legal history of internment in Belgium.

Organ transplantation: legal, ethical and islamic perspective in Nigeria.

PubMed

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-07-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

PubMed Central

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-01-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

The Legal Assistant.

ERIC Educational Resources Information Center

Steely, Robert D.

Following a review of the history of the legal assistant profession and the present status of legal assistant education, this document reports a study of the need for a legal assistant program at Kellogg Community College (KCC). A survey questionnaire was distributed to 106 private attorneys, financial institutions, businesses and industries,…

Objective Testing To Assess Teacher Competency: Emerging Legal Issues.

ERIC Educational Resources Information Center

Beckham, Joseph C.

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

Legal Challenges to Single-Sex Colleges Expected to Spread.

ERIC Educational Resources Information Center

Jaschik, Scott

1990-01-01

Court cases arising out of the current legal and political controversy over the Virginia Military Institute's policy of admitting only men are examined as they apply to the nation's three other publicly supported single-sex colleges: the Citadel (South Carolina), Mississippi University for Women, and Texas Woman's University. (DB)

Legal aspects of E-HEALTH.

PubMed

Callens, Stefaan; Cierkens, Kim

2008-01-01

Cross-border activities in health care in the European single market are increasing. Many of these cross-border developments are related to e-Health. E-Health describes the application of information and communication technologies across the whole range of functions that affect the health care sector. E-health attracts a growing interest on the European level that highlights the sharp need of appropriate regulatory framework able to ensure its promotion in the European Union. Some Directives constitute a step in this direction. Both the Data Protection Directive, the E-Commerce Directive, the Medical Device Directive and the Directive on Distance Contracting are some of the most important European legal achievements related to e-Health. Although the directives are not adopted especially for e-health applications, they are indirectly very important for e-Health. Firstly, the Data Protection Directive applies to personal data which form part of a filing system and contains several important principles that have to be complied with by e-Health actors processing personal data concerning health. Secondly, the E-commerce Directive applies to services provided at a distance by electronic means. Many e-Health applications fall within this scope. Thirdly, the Medical Devices Directive is of importance for the e-Health sector, especially with regard to e.g. the medical software that is used in many e-health applications. Finally, the Directive on Distance Contracting applies to contracts for goods or services which make use of one or more means of distance communication; E-Health business may involve the conclusion of contracts. Despite these Directives more developments are needed at the European level in order to make sure that e-Health will play an even more important role in health care systems than is the case today. The new e-Health applications like electronic health records, e-health platforms, health grids and the further use of genetic data and tissue involve new

NATIONAL FRAMEWORK FOR THE SUSTAINABILITY OF HEALTH KNOWLEDGE TRANSLATION INITIATIVES IN UGANDA.

PubMed

Basaza, Robert; Kinegyere, Alison; Mutatina, Boniface; Sewankambo, Nelson

2018-01-01

The aim of this study was to provide evidence about the design and implementation of policies for advancing the sustainability of knowledge translation (KT) initiatives and policies in Uganda's health system. We searched for and reviewed evidence about KT sustainability issues in Uganda, the impacts of options, barriers to implementing these options, and implementation strategies to address such barriers. In instances where the systematic reviews provided limited evidence, these were supplemented with relevant primary studies. Documents such as the government reports and unpublished literature were also included in the search. Key informant interviews and a policy dialogue were conducted, and an expert working group guided the study. The KT sustainability issues identified were: the absence of a specific unit within the health sector to coordinate and synthesize research; health worker not familiar with KT activities and not often used. Furthermore, Uganda lacks a mechanism to sustain its current national health frameworks or platforms, and does not have a system to ensure the sustained coordination of existing national health KT platforms. The policy options proposed include: (i) the identification of a KT champion; (ii) the establishment of an operational KT framework; (iii) KT capacity building for researchers and research users, as well as policy and decision makers. The sustainability of KT will be influenced by the prevailing context and concerns within healthcare both in Uganda and internationally. Furthermore, the availability of resources for KT advocacy, communication, and program design will impact on the sustainability of Uganda's KT activities.

Legal issues for transgender people: a review of persistent threats.

PubMed

Green, Jamison

2017-10-01

Background The legal status of transgender (trans) people is in constant flux. Over the past 70 years, gradually increasing transgender visibility, national and global advocacy, and, more recently, widespread Internet access, communication, and broadening support from allies, have all contributed to successful campaigns that have improved transgender lives and legitimised transgender. Still, traumatic interactions with the legal system or policing agencies remain plentiful. This is a very general overview of the most common legal issues confronting trans people. It aims to inform medical and mental health providers about the trepidation with which their patients and clients must engage legal systems, and the scope of their concerns, which ultimately affect their health. This review relies upon reports generated by advocacy organisations based on population surveys in several countries, the projects undertaken by legal and human rights advocacy groups, the topics most frequently discussed in academic texts examining transgender legal issues, and draws upon the author's personal advocacy experience. The most complicated and persistent issues are identity recognition, family law and relationship issues, adverse discrimination and anti-transgender violence and its aftermath. Criminal law, almost universally, treats trans people according to the lowest common denominator, their genital status, which supposedly supports expediency and "safety". Global legal and human rights efforts remain desperately needed to lift transgender people from the margins of society and provide them with equal opportunities to lead healthy and fulfilling lives. Access to appropriate and meaningful health care is a crucial element necessary to affirm the humanity of any person.

Legal Care as Part of Health Care: The Benefits of Medical-Legal Partnership.

PubMed

Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan

2015-10-01

Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.

Volunteer health professionals and emergencies: assessing and transforming the legal environment.

PubMed

Hodge, James G; Gable, Lance A; Cálves, Stephanie H

2005-01-01

Volunteer health professionals (VHPs) are essential in emergencies to fill surge capacity and provide needed medical expertise. While some VHPs are well-organized and trained, others arrive spontaneously at the site of a disaster. Lacking organization, training, and identification, they may actually impede emergency efforts. Complications involving medical volunteers in New York City after September 11, 2001, led Congress to authorize federal authorities to assist states and territories in developing emergency systems for the advance registration of volunteer health professionals (ESARVHP). Through advance registration, volunteers can be vetted, trained, and mobilized more effectively during emergencies. The use of VHPs, however, raises multiple legal questions: What constitutes an emergency, how is it declared, and what are the consequences? When are volunteers liable for their actions? When may volunteers who are licensed or certified in one state legally practice their profession in another state? Are volunteers entitled to compensation for harms they incur? This article examines the legal framework underlying the registration and use of volunteers during emergencies and offers recommendations for legal reform, including: (1) establish minimum standards to facilitate interjurisdictional emergency response, improve coordination, and enhance reciprocity of licensing and credentialing; (2) develop liability provisions for VHPs that balance their need to respond without significant fear of civil liability with patients' rights to legal recourse for egregious harms; and (3) provide basic levels of protections for VHPs harmed, injured, or killed while responding to emergencies.

SUPPORTING CHILDREN IN U.S. LEGAL PROCEEDINGS: Descriptive and Attitudinal Data From a National Survey of Victim/Witness Assistants.

PubMed

McAuliff, Bradley D; Nicholson, Elizabeth; Amarilio, Diana; Ravanshenas, Daniel

2013-01-01

We conducted a national survey of 786 victim/witness assistants (VWAs) to provide descriptive and attitudinal information about support person use in U.S. legal proceedings involving children. VWAs ( N = 414) from 46 states returned completed surveys (response rate = 53%). Prosecutor-based VWAs or parents/guardians most frequently served as support persons. One support person was almost always or often used with child victims and/or witnesses of all ages. Support persons were extremely common in cases involving child sexual abuse, physical abuse, neglect, and adult domestic violence. Overall, support persons provided more informational than emotional support. The most common informational support was to provide referrals to community resources, conduct courtroom visit/orientation, and disseminate relevant procedural information. The most common emotional support was to accompany the child to trial. Support persons rarely or never questioned children directly during investigative interviews or in court. Respondents believed support persons decrease children's stress and increase accuracy and credibility; however, this effect varied as a function of who provided support, child age, case type, and type of emotional or informational support. Respondents believed that support person presence at trial probably does not prejudice jurors against defendants. These survey data provide a benchmark for legal professionals and a foundation for future social scientific research examining the effects of support person use on children.

Proposing a Universal Framework for Resilience: Optimizing Risk and Combating Human Vulnerabilities

NASA Astrophysics Data System (ADS)

Sarkar, Arunima

2017-04-01

In the recent years we have seen a massive impact of loss created to urban settlements and critical infrastructure as a result of disasters. The disaster risk associates itself vulnerabilities and many complexities which can disrupt the functioning of human society. The uncertain loss created by disasters can present unforeseeable risk which remain unaccounted to human understanding. It is imperative to note that human urbanization and development is correlated with human vulnerabilities and challenges posed by disasters. Disaster risks are aggravated by improper planning of cities, weak framework for urban governance and regulatory regimes and lack of equalities amongst the citizens. The international agenda on disaster risk reduction talks about increasing losses due to disasters associated with development and urbanization. The United Nations announced that the year 1990 was the International Decade for Natural Disaster Reduction. In relation to this, the "Yokohama Strategy and Plan of Action" was adopted at the first United Nations World Conference on Disaster Reduction. The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Intergovernmental Oceanic Commission coordinated the World Conference on Disaster Reduction in 2005 where the Hyogo Framework for Action was adopted. The Hyogo Framework for Action: Building the resilience of communities to disaster was adopted by 168 nations after the massive loss caused by Indian ocean tsunami in 2005. The Hyogo Framework proposes to focus on implementation of risk and reliability system to shield disasters, proposes global scientific and community platform for disaster prevention and mitigation etc. The early warning system and its importance as an effective tool for reduction of human vulnerabilities for disaster management was majorly emphasized. It is imperative to highlight that resilience framework is important in order to minimize cost of disruption caused to critical infrastructure and to

[Current legal framework conditions for running and utilization of biobanks: Part 3: ownership and rights of use].

PubMed

Haier, J

2014-10-01

The organizing institution of a biobank can be of public or private law in nature and the form can be freely selected. Biomaterials must be legally valued as objects whereby inalienable personality rights are still valid even if ownership is transferred. The treating physician does not automatically acquire a comprehensive right of ownership or utilization for the materials taken during the treatment. The biobank acquires tangible property and user rights on the samples by a legal agreement between the donor and the biobank. Reutilization clauses in submission contracts should not be used due to the danger of a formularization development and surprise clauses. During the processing of biomaterials within the biobank substantially new characteristics can appear which have an effect on ownership and commercialization rights. The donor does not have a utilization right in the sense of a patent or copyright. If there are changes in the legal form and the use by third parties, the declaration of consent by the donor remains fully effective. There are special risks for the donor if the biobank transfers these biomaterials. This must be clarified before finalizing the agreement on sample transference and utilization in the sense of an informed decision.

Review: the legal duty of care for nurses and other health professionals.

PubMed

Young, Andy

2009-11-01

To explore the nature and extent of the legal duty of care in relation to contemporary healthcare practice. The paper seeks to re-frame and update the legal duty of care for clinical nursing practice in the 21st century, taking into account collaborative and partnership working in healthcare practice. Doctrinal legal 'approach'. 'Black letter' legal research methodology used for data collection and analysis. Literature search using Westlaw and LexisNexis database(s) to identify recent common law decisions. There has been a perceptible doctrinal shift away from paternalism and toward patient empowerment and autonomy in the last decade. This has implications for nurses and other healthcare professionals in terms of consenting patients and acting reasonably to ensure quality patient care. A number of experienced nurses are currently assuming extended roles and some are completing medical tasks, traditionally allocated to doctors. These specialist practitioners must remember that additional responsibility invariably means increased professional risk and accountability. Therefore, it is essential that those engaging in advanced nursing practice, fully understand the nature and reach of their professional duty of care and the significance of statutory and common law developments. Nurses and other healthcare professionals must update their clinical skills and practice within a legal framework and to certain standards. The cases cited and discussed are relevant to all branches of nursing and indeed to all health professions.

Department of Legal Services

Science.gov Websites

The Department of Legal Services ("DLS") is a dependency of the Secretariat for Legal Affairs of the OAS General Secretariat. www.oas.org/en/sla DLS provides legal advice on: interpretation of Secretariat for Legal Affairs Inter-American Commission on Human Rights Inter-American Court of Human Rights

Analysis - what is legal medicine?

PubMed

Beran, Roy G

2008-04-01

Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

National, Regional and Global Certification Bodies for Polio Eradication: A Framework for Verifying Measles Elimination.

PubMed

Deblina Datta, S; Tangermann, Rudolf H; Reef, Susan; William Schluter, W; Adams, Anthony

2017-07-01

The Global Certification Commission (GCC), Regional Certification Commissions (RCCs), and National Certification Committees (NCCs) provide a framework of independent bodies to assist the Global Polio Eradication Initiative (GPEI) in certifying and maintaining polio eradication in a standardized, ongoing, and credible manner. Their members meet regularly to comprehensively review population immunity, surveillance, laboratory, and other data to assess polio status in the country (NCC), World Health Organization (WHO) region (RCC), or globally (GCC). These highly visible bodies provide a framework to be replicated to independently verify measles and rubella elimination in the regions and globally. © The Author 2017. Published by Oxford University Press for the Infectious Diseases Society of America.

Overview of the National Energy-Water System (NEWS) Assessment Framework Study

NASA Astrophysics Data System (ADS)

Vorosmarty, C. J.; Miara, A.; Rosenzweig, B.; Corsi, F.; Piasecki, M.; Celicourt, P.; Fekete, B. M.; Macknick, J.; Melillo, J. M.; Newmark, R. L.; Tidwell, V. C.; Suh, S.; Prousevitch, A.

2015-12-01

In practical terms, strategic planning for the nation's economic, social and environmental future increasingly centers on issues relating to fresh water. U.S. energy security is highly dependent on electricity generated by the nation's fleet of thermoelectric power stations, which today contribute 90% to total electricity production. This presentation summarizes the overall structure and recent progress on a study devoted to climate adaptation and the reliability of power sector infrastructure and operations, when viewed through the lens of strategic water issues. The focus is on electric power infrastructure, i.e., the types, spatial distributions and levels of investment in technologies that deliver or could deliver electricity to the U.S. economy. The work is guided by a central hypothesis, that today's portfolio of electric power sector infrastructure is unsustainable in the context of satisfying its water needs under anticipated climate change and rising electricity demands. Insofar as water-mediated feedbacks reverberate throughout the national economy, we include macro-economic perspectives as well. The work is organized around the technical development of the NEWS framework which is then used to evaluate, in the context of anticipated climate, economic change and regulatory context: the performance of the nation's electricity sector, the feasibility of alternative pathways to improve climate adaptation, and impacts of energy technology. Scenarios are co-designed with a stakeholder community, and investment tradeoffs are considered with respect to the productivity of the economy, water availability and aquatic ecosystem condition.

Investigating legal aspects of cyberbullying.

PubMed

Paul, Simone; Smith, Peter K; Blumberg, Herbert H

2012-11-01

In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.

PubMed

Hajizadeh, Mohammad

2016-05-25

Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. © 2016 by Kerman University of Medical Sciences.

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts

PubMed Central

Hajizadeh, Mohammad

2016-01-01

Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. PMID:27694657

Initial Demonstration of the Real-Time Safety Monitoring Framework for the National Airspace System Using Flight Data

NASA Technical Reports Server (NTRS)

Roychoudhury, Indranil; Daigle, Matthew; Goebel, Kai; Spirkovska, Lilly; Sankararaman, Shankar; Ossenfort, John; Kulkarni, Chetan; McDermott, William; Poll, Scott

2016-01-01

As new operational paradigms and additional aircraft are being introduced into the National Airspace System (NAS), maintaining safety in such a rapidly growing environment becomes more challenging. It is therefore desirable to have an automated framework to provide an overview of the current safety of the airspace at different levels of granularity, as well an understanding of how the state of the safety will evolve into the future given the anticipated flight plans, weather forecast, predicted health of assets in the airspace, and so on. Towards this end, as part of our earlier work, we formulated the Real-Time Safety Monitoring (RTSM) framework for monitoring and predicting the state of safety and to predict unsafe events. In our previous work, the RTSM framework was demonstrated in simulation on three different constructed scenarios. In this paper, we further develop the framework and demonstrate it on real flight data from multiple data sources. Specifically, the flight data is obtained through the Shadow Mode Assessment using Realistic Technologies for the National Airspace System (SMART-NAS) Testbed that serves as a central point of collection, integration, and access of information from these different data sources. By testing and evaluating using real-world scenarios, we may accelerate the acceptance of the RTSM framework towards deployment. In this paper we demonstrate the framework's capability to not only estimate the state of safety in the NAS, but predict the time and location of unsafe events such as a loss of separation between two aircraft, or an aircraft encountering convective weather. The experimental results highlight the capability of the approach, and the kind of information that can be provided to operators to improve their situational awareness in the context of safety.

National Service Framework for Older People: stroke coordinators.

PubMed

McDonald, Paul S; Mayer, Peter; Dunn, Linda

The National Service Framework (NSF) for Older People aims to develop integrated stroke services with specialized treatment, carer involvement, secondary prevention and rehabilitation. There is an emphasis upon the role of stroke coordinators. The aim of this study was to examine the relationships between stroke coordinators and other agencies involved in stroke care, and to describe stroke coordinators' current roles. Interviews with 11 stroke coordinators across the West Midlands region took place and were evaluated using a grounded theory approach. The roles of stroke coordinators and the perceived levels of integration among stroke services varied between localities. In a few areas, a number of 'adhesive' factors helped bond the coordinator role to successful integration, while in most areas the absence of all or some of these factors made the role less effective. To meet the demands of the NSF, a stroke coordinator's role needs to be a high profile, corporate function, requiring a higher level of autonomy, accountability and responsibility, and demanding creativity and innovation from post holders.

A Framework for Conducting a National Study of Substance Abuse Treatment Programs Serving American Indian and Alaska Native Communities

PubMed Central

Novins, Douglas K.; Moore, Laurie A.; Beals, Janette; Aarons, Gregory A.; Rieckmann, Traci; Kaufman, Carol E.

2013-01-01

Background Because of their broad geographic distribution, diverse ownership and operation, and funding instability, it is a challenge to develop a framework for studying substance abuse treatment programs serving American Indian and Alaska Native communities at a national level. This is further complicated by the historic reluctance of American Indian and Alaska Native communities to participate in research. Objectives and Methods We developed a framework for studying these substance abuse treatment programs (n = 293) at a national level as part of a study of attitudes toward, and use of, evidence-based treatments among substance abuse treatment programs serving AI/AN communities with the goal of assuring participation of a broad array of programs and the communities that they serve. Results Because of the complexities of identifying specific substance abuse treatment programs, the sampling framework divides these programs into strata based on the American Indian and Alaska Native communities that they serve: (1) the 20 largest tribes (by population); (2) urban AI/AN clinics; (3) Alaska Native Health Corporations; (4) other Tribes; and (5) other regional programs unaffiliated with a specific AI/AN community. In addition, the recruitment framework was designed to be sensitive to likely concerns about participating in research. Conclusion and Scientific Significance This systematic approach for studying substance abuse and other clinical programs serving AI/AN communities assures the participation of diverse AI/AN programs and communities and may be useful in designing similar national studies. PMID:22931088

Ethical, financial, and legal considerations to implementing emergency department HIV screening: a report from the 2007 conference of the National Emergency Department HIV Testing Consortium.

PubMed

Waxman, Michael J; Popick, Rachel S; Merchant, Roland C; Rothman, Richard E; Shahan, Judy B; Almond, Gregory

2011-07-01

We seek to identify and analyze, from a group of participants experienced with HIV screening, the perceived challenges and solutions to the ethical, financial, and legal considerations of emergency department (ED)-based HIV screening. We performed a qualitative analysis of the focus group discussions from the ethical, financial, and legal considerations portion of the inaugural National Emergency Department HIV Testing Consortium conference. Four groups composed of 20 to 25 consortium participants engaged in semistructured, facilitated focus group discussions. The focus group discussions were audiotaped and transcribed. A primary reader identified major themes and subthemes and representative quotes from the transcripts and summarized the discussions. Secondary and tertiary readers reviewed the themes, subthemes, and summaries for accuracy. The focus group discussions centered on the following themes. Ethical considerations included appropriateness of HIV screening in the ED and ethics of key elements of the 2006 Centers for Disease Control and Prevention HIV testing recommendations. Financial considerations included models of payment and support, role of health care insurance, financial ethics and downstream financial burdens, and advocacy approaches. Legal considerations included the adequacy of obtaining consent, partner notification, disclosure of HIV results, difficulties in addressing special populations, failure of not performing universal screening, failure to notify a person of being tested, failure to notify someone of their test results, liability of inaccurate tests, and failure to link to care. This qualitative analysis provides a broadly useful foundation to the ethical, financial, and legal considerations of implementing HIV screening programs in EDs throughout the United States. Copyright © 2011. Published by Mosby, Inc.

Legal Services: Judge Advocate Legal Services

DTIC Science & Technology

1996-09-30

14–14, page 41 Publicity • 14–15, page 41 Insignia • 14–16, page 41 Chapter 15 Contract Law Attorneys, page 43 General • 15–1, page 43 General...Duties • 15–2, page 43 Management • 15–3, page 43 Principles of contract law practice • 15–4, page 43 Contract disputes and litigation support • 15–5...legal matters; and (2) Resolving their personal legal problems whenever possible. m. Contract law responsibilities. TJAG will provide— (1) Technical

Commentary: Prevention of violence against children: a framework for progress in low- and middle-income countries.

PubMed

Chandran, Aruna; Puvanachandra, Prasanthi; Hyder, Adnan A

2011-02-01

Violence against children has been the least reported, studied, and understood area of child injuries. Initial awareness emerged from international conferences and resolutions, followed by national policies and statements. More effective responses around the world will require action. Although previous calls for action have pointed to important activities (gathering of baseline data, passing of legal reforms, and providing services to those who experience violence), the agenda is limited. Data collection needs to be continuous, systematic, and sustainable, and should enable ongoing evaluation of intervention programs. An inter-sectoral approach to violence against children incorporating public health, criminal justice, social services, education, non-governmental organizations, media, and businesses is imperative if the growing burden is to be mitigated. Thus we offer a framework, building on earlier recommendations, to focus on four domains: national surveillance, intervention research, legislation and policy, and partnerships and collaboration.

A novel performance monitoring framework for health research systems: experiences of the National Institute for Health Research in England

PubMed Central

2011-01-01

Background The National Institute for Health Research (NIHR) was established in 2006 with the aim of creating an applied health research system embedded within the English National Health Service (NHS). NIHR sought to implement an approach for monitoring its performance that effectively linked early indicators of performance with longer-term research impacts. We attempted to develop and apply a conceptual framework for defining appropriate key performance indicators for NIHR. Method Following a review of relevant literature, a conceptual framework for defining performance indicators for NIHR was developed, based on a hybridisation of the logic model and balanced scorecard approaches. This framework was validated through interviews with key NIHR stakeholders and a pilot in one division of NIHR, before being refined and applied more widely. Indicators were then selected and aggregated to create a basket of indicators aligned to NIHR's strategic goals, which could be reported to NIHR's leadership team on a quarterly basis via an oversight dashboard. Results Senior health research system managers and practitioners endorsed the conceptual framework developed and reported satisfaction with the breadth and balance of indicators selected for reporting. Conclusions The use of the hybrid conceptual framework provides a pragmatic approach to defining performance indicators that are aligned to the strategic aims of a health research system. The particular strength of this framework is its capacity to provide an empirical link, over time, between upstream activities of a health research system and its long-term strategic objectives. PMID:21435265

Medico legal issues.

PubMed

Mackenzie, Geraldine; Carter, Hugh

2010-01-01

This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

[Legal medicine specialists within the framework of acute care : Analysis of legal medicine consultations in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt].

PubMed

Pliske, G; Heide, S; Lucas, B; Brandstädter, K; Walcher, F; Kropf, S; Lessig, R; Piatek, S

2018-05-01

In acute medical care, there are patients who have been injured by the influence of others. The aim of this study was to analyze all cases which were presented to the Institute for Legal Medicine of the University Halle (Saale). The cases where analyzed in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt. The consultations of the Institute for Legal Medicine Halle-Wittenberg for 2012-2015 were evaluated with regard to the age and gender distribution, the reasons for the consultation and time until the request for consultations. These cases were statistically compared to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt 2014-2015. A total of 536 cases (55.6% male and 44.4% female patients) were evaluated. In all, 62.1% of patients were under 18 years of age; 43.5% of all consultations were requested by pediatric (surgery) clinics. The most common reasons for consultation were sexual child abuse or violence against children (50.7%). Compared to the victims' statistics, significantly more children were examined by legal medicine specialists than could have been expected (p < 0.001). In adult patients, the most common causes for consultation were acts of violence (20.4%) and domestic violence (10.1%). Among adults, significantly more women and fewer men were presented than expected (p = 0.001). There were only a small number of consultations of legal medicine specialists in relation to the victims' statistics. Most of them were children and women. The temporal latency between the act of violence and the consultations was one day and more. The latency and the renunciation of the consultation of the legal medicine specialists can lead to loss of evidence.

Is the Fight against Doping in Sport a Legal Minefield like Any Other?

PubMed

Haas, Ulrich

2017-01-01

In the fight against doping, creating a level playing field across all sports is very challenging from a legal perspective. A harmonized approach presupposes first and foremost a supreme regulatory authority on a global level. This task cannot be attributed to the public sector, because there is no supranational authority of public international law capable of dealing with it. Thus, responsibility has to be assumed by a private law entity. This in turn requires complicated contractual agreements by which duties and responsibilities are transferred from the individual to the national level and from there to the top of the pyramid. In practice, this process is not only difficult and cumbersome, it also leads to an accumulation of power at the top of the sports pyramid that must be contained by organizational checks and balances, such as access to justice and the rule of law, accountability, transparency, and possibilities for the respective stakeholders to partake in the decision-making process. The weighting of all these different aspects is demanding and further complicated by the regulatory reach of the various national lawmakers. Since national laws differ considerably and a harmonized legislative approach is nowhere near in sight, a global approach in the fight against doping must push back national laws and legal concepts as much as possible. The purpose of this chapter is to give an overview on all these legal challenges. © 2017 S. Karger AG, Basel.

Changes in Morbidity and Abortion Care in Ethiopia After Legal Reform: National Results from 2008 and 2014

PubMed Central

Gebrehiwot, Yirgu; Fetters, Tamara; Gebreselassie, Hailemichael; Moore, Ann; Hailemariam, Mengistu; Dibaba, Yohannes; Bankole, Akinrinola; Getachew, Yonas

2017-01-01

CONTEXT In Ethiopia, liberalization of the abortion law in 2005 led to changes in abortion services. It is important to examine how levels and types of abortion care—i.e., legal abortion and treatment of abortion complications—changed over time. METHODS Between December 2013 and May 2014, data were collected on symptoms, procedures and treatment from 5,604 women who sought abortion care at a sample of 439 public and private health facilities; the sample did not include lower-level private facilities—some of which provide abortion care—to maintain comparability with the sample from a 2008 study. These data were combined with monitoring data from 105,806 women treated in 74 nongovernmental organization facilities in 2013. Descriptive analyses were conducted and annual estimates were calculated to compare the numbers and types of abortion care services provided in 2008 and 2014. RESULTS The estimated annual number of women seeking a legal abortion in the types of facilities sampled increased from 158,000 in 2008 to 220,000 in 2014, and the estimated number presenting for postabortion care increased from 58,000 to 125,000. The proportion of abortion care provided in the public sector increased from 36% to 56% nationally. The proportion of women presenting for postabortion care who had severe complications rose from 7% to 11%, the share of all abortion procedures accounted for by medical abortion increased from 0% to 36%, and the proportion of abortion care provided by midlevel health workers increased from 48% to 83%. Most women received postabortion contraception. CONCLUSIONS Ethiopia has made substantial progress in expanding comprehensive abortion care; however, eradication of morbidity from unsafe abortion has not yet been achieved. PMID:28825903

Indian legal system and mental health.

PubMed

Narayan, Choudhary Laxmi; Shikha, Deep

2013-01-01

Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act - 1987 and Persons with Disability Act - 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

The European Location Framework - from National to European

NASA Astrophysics Data System (ADS)

Pauknerova, E.; Sidlichovsky, P.; Urbanas, S.; Med, M.

2016-06-01

The European Location Framework (ELF) means a technical infrastructure which will deliver authoritative, interoperable geospatial reference data from all over Europe for analysing and understanding information connected to places and features. The ELF has been developed and set up through the ELF Project, which has been realized by a consortium of partners (public, private and academic organisations) since March 2013. Their number increased from thirty to forty in the year 2016, together with a project extension from 36 to 44 months. The project is co-funded by the European Commission's Competitiveness and Innovation Framework Programme (CIP) and will end in October 2016. In broad terms, the ELF Project will deliver a unique gateway to the authoritative reference geospatial information for Europe (harmonised pan-European maps, geographic and land information) sourced from the National Mapping and Cadastral Authorities (NMCAs) around Europe and including transparent licensing. This will be provided as an online ELF web service that will deliver an up-to-date topographic base map and also as view & download services for access to the ELF datasets. To develop and build up the ELF, NMCAs are accompanied and collaborate with several research & academia institutes, a standardisation body, system integrators, software developers and application providers. The harmonisation is in progress developing and triggering a number of geo-tools like edge-matching, generalisation, transformation and others. ELF will provide also some centralised tools like Geo Locator for searching location based on geographical names, addresses and administrative units, and GeoProduct Finder for discovering the available web-services and licensing them. ELF combines national reference geo-information through the ELF platform. ELF web services will be offered to users and application developers through open source (OSKARI) and proprietary (ArcGIS Online) cloud platforms. Recently, 29 NMCAs plus the

Analysing arrangements for cross-border mobility of patients in the European Union: a proposal for a framework.

PubMed

Legido-Quigley, Helena; Glinos, Irene A; Baeten, Rita; McKee, Martin; Busse, Reinhard

2012-11-01

This paper proposes a framework for analyzing arrangements set up to facilitate cross-border mobility of patients in the European Union. Exploiting both conceptual analysis and data from a range of case studies carried out in a number of European projects, and building on Walt and Gilson's model of policy analysis, the framework consists of five major components, each with a subset of categories or issues: (1) The actors directly and indirectly involved in setting up and promoting arrangements, (2) the content of the arrangements, classified into four categories (e.g. purchaser-provider and provider-provider or joint cross-border providers), (3) the institutional framework of the arrangements (including the underlying European and national legal frameworks, health systems' characteristics and payment mechanisms), (4) the processes that have led to the initiation and continuation, or cessation, of arrangements, (5) contextual factors (e.g. political or cultural) that impact on cross-border patient mobility and thus arrangements to facilitate them. The framework responds to what is a clearly identifiable demand for a means to analyse these interrelated concepts and dimensions. We believe that it will be useful to researchers studying cross-border collaborations and policy makers engaging in them. Crown Copyright © 2012. Published by Elsevier Ireland Ltd. All rights reserved.

Mentally abnormal homicide in New Zealand as defined by legal and clinical criteria: a national study.

PubMed

Simpson, Alexander I F; Skipworth, Jeremy; McKenna, Brian; Moskowitz, Andrew; Barry-Walsh, Justin

2006-09-01

Homicides by people with mental illness have been studied using either clinical or legal categorization of the homicide as abnormal. No previous study has employed both definitions in the same population. A retrospective study of all homicides in New Zealand between 1988 and 2000 considered mentally abnormal homicide using a legal definition (when the courts deemed a contribution of mental illness was present) and a clinical definition (defined as the presence of a discharge diagnosis from inpatient mental health treatment) of 'mentally abnormal'. Rates, characteristics and time trends were investigated. Of the 844 cases, 7.1% met legal criteria for being mentally abnormal, while 7.7% had ever received a diagnosis for a psychotic illness, and a further 14.5% had been admitted to a psychiatric hospital for any other reason. The majority (60%) of perpetrators with a psychotic diagnosis received a mental health disposition from the court. Of these, 60% were first diagnosed with their psychotic illness prior to the homicide, while 28% were first diagnosed at the time of the offence and a further 12% after imprisonment. Of all those who received a psychotic diagnosis, 89% had post-conviction admissions or a mental health disposition. Legal and clinical definitions of mentally abnormal homicide detect similar rates of mentally abnormal homicide, but illustrate somewhat different dimensions of the relationship between mental illness and homicide.

Climate Change Education as an Integral Part of the United Nations Framework Convention on Climate Change

ERIC Educational Resources Information Center

Journal of Education for Sustainable Development, 2012

2012-01-01

The United Nations Framework Convention on Climate Change (UNFCCC), through its Article 6, and the Convention's Kyoto Protocol, through its Article 10 (e), call on governments to develop and implement educational programmes on climate change and its effects. In particular, Article 6 of the Convention, which addresses the issue of climate…

Austrian National Space Law

NASA Astrophysics Data System (ADS)

Steinkogler, Cordula

2017-08-01

The Austrian Outer Space Act, which entered into force in December 2011; and the Austrian Outer Space Regulation, which has been in force since February 2015, form the legal framework for Austrian national space activities. The elaboration of national space legislation became necessary to ensure compliance with Austria's obligations as State Party to the five United Nations Space Treaties when the first two Austrian satellites were launched in 2012 and Austria became a launching state on its own. The legislation comprehensively regulates legal aspects related to space activities, such as authorization, supervision, and termination of space activities; registration and transfer of space objects; recourse of the government against the operator; as well as implementation of the law and sanctions for its infringement. One of the main purposes of the law is to ensure the authorization of national space activities. The Outer Space Act sets forth the main conditions for authorization, which inter alia refer to the expertise of the operator; requirements for orbital positions and frequency assignments; space debris mitigation, insurance requirements, and the safeguard of public order; public health; national security as well as Austrian foreign policy interests; and international law obligations. The Austrian Outer Space Regulation complements these provisions by specifying the documents the operator must submit as evidence of the fulfillment of the authorization conditions, which include the results of safety tests, emergency plans, and information on the collection and use of Earth observation data. Particular importance is attached to the mitigation of space debris. Operators are required to take measures in accordance with international space debris mitigation guidelines for the avoidance of operational debris, the prevention of on-orbit break-ups and collisions, and the removal of space objects from Earth orbit after the end of the mission. Another specificity of the

The legal framework governing the quality of (traditional) herbal medicinal products in the European Union.

PubMed

Kroes, Burt H

2014-12-02

In the European Union a complex regulatory framework is in place for the regulation of (traditional) herbal medicinal products. It is based on the principle that a marketing authorisation granted by the competent authorities is required for placing medicinal products on the market. The requirements and procedures for acquiring such a marketing authorisation are laid down in regulations, directives and scientific guidelines. This paper gives an overview of the quality requirements for (traditional) herbal medicinal products that are contained in European pharmaceutical legislation. Pharmaceutical quality of medicinal product is the basis for ensuring safe and effective medicines. The basic principles governing the assurance of the quality of medicinal products in the European Union are primarily defined in the amended Directive 2001/83/EC and Directive 2003/63/EC. Quality requirements of herbal medicinal products are also laid down in scientific guidelines. Scientific guidelines provide a basis for practical harmonisation of how the competent authorities of EU Member States interpret and apply the detailed requirements for the demonstration of quality laid down in regulations and directives. Detailed quality requirements for herbal medicinal products on the European market are contained in European Union (EU) pharmaceutical legislation. They include a system of manufacturing authorisations which ensures that all herbal medicinal products on the European market are manufactured/imported only by authorised manufacturers, whose activities are regularly inspected by the competent authorities. Additionally, as starting materials only active substances are allowed which have been manufactured in accordance with the GMP for starting materials as adopted by the Community. The European regulatory framework encompasses specific requirements for herbal medicinal products. These requirements are independent from the legal status. Thus, the same quality standards equally apply

Legal and ethical issues in safe blood transfusion.

PubMed

Chandrashekar, Shivaram; Kantharaj, Ambuja

2014-09-01

Legal issues play a vital role in providing a framework for the Indian blood transfusion service (BTS), while ethical issues pave the way for quality. Despite licensing of all blood banks, failure to revamp the Drugs and Cosmetic Act (D and C Act) is impeding quality. Newer techniques like chemiluminescence or nucleic acid testing (NAT) find no mention in the D and C Act. Specialised products like pooled platelet concentrates or modified whole blood, therapeutic procedures like erythropheresis, plasma exchange, stem cell collection and processing technologies like leukoreduction and irradiation are not a part of the D and C Act. A highly fragmented BTS comprising of over 2500 blood banks, coupled with a slow and tedious process of dual licensing (state and centre) is a hindrance to smooth functioning of blood banks. Small size of blood banks compromises blood safety. New blood banks are opened in India by hospitals to meet requirements of insurance providers or by medical colleges as this a Medical Council of India (MCI) requirement. Hospital based blood banks opt for replacement donation as they are barred by law from holding camps. Demand for fresh blood, lack of components, and lack of guidelines for safe transfusion leads to continued abuse of blood. Differential pricing of blood components is difficult to explain scientifically or ethically. Accreditation of blood banks along with establishment of regional testing centres could pave the way to blood safety. National Aids Control Organisation (NACO) and National Blood Transfusion Council (NBTC) deserve a more proactive role in the licensing process. The Food and Drug Administration (FDA) needs to clarify that procedures or tests meant for enhancement of blood safety are not illegal.

Legal and ethical issues in safe blood transfusion

PubMed Central

Chandrashekar, Shivaram; Kantharaj, Ambuja

2014-01-01

Legal issues play a vital role in providing a framework for the Indian blood transfusion service (BTS), while ethical issues pave the way for quality. Despite licensing of all blood banks, failure to revamp the Drugs and Cosmetic Act (D and C Act) is impeding quality. Newer techniques like chemiluminescence or nucleic acid testing (NAT) find no mention in the D and C Act. Specialised products like pooled platelet concentrates or modified whole blood, therapeutic procedures like erythropheresis, plasma exchange, stem cell collection and processing technologies like leukoreduction and irradiation are not a part of the D and C Act. A highly fragmented BTS comprising of over 2500 blood banks, coupled with a slow and tedious process of dual licensing (state and centre) is a hindrance to smooth functioning of blood banks. Small size of blood banks compromises blood safety. New blood banks are opened in India by hospitals to meet requirements of insurance providers or by medical colleges as this a Medical Council of India (MCI) requirement. Hospital based blood banks opt for replacement donation as they are barred by law from holding camps. Demand for fresh blood, lack of components, and lack of guidelines for safe transfusion leads to continued abuse of blood. Differential pricing of blood components is difficult to explain scientifically or ethically. Accreditation of blood banks along with establishment of regional testing centres could pave the way to blood safety. National Aids Control Organisation (NACO) and National Blood Transfusion Council (NBTC) deserve a more proactive role in the licensing process. The Food and Drug Administration (FDA) needs to clarify that procedures or tests meant for enhancement of blood safety are not illegal. PMID:25535417

Report on Legal Protection for Databases. A Report of the Register of Copyrights. August, 1997.

ERIC Educational Resources Information Center

Library of Congress, Washington, DC. Copyright Office.

This report gives an overview of the past and present domestic and international legal framework for database protection. It describes database industry practices in securing protection against unauthorized use and Copyright Office registration practices relating to databases. Finally, it discusses issues raised and concerns expressed in a series…

Academe's Increased Reliance on Legal Advice Documented by College Attorneys' Association.

ERIC Educational Resources Information Center

Fields, Cheryl M.

1985-01-01

In 25 years, litigation and lawyers' influence on campuses has increased dramatically and so has the National Association of College and University Attorneys group's membership. A review of the past 25 years of legal changes and increased reliance on lawyers is presented. (MLW)

Legal issues for pathologists.

PubMed

Wood, Jane Pine

2011-11-01

For better or for worse, the practice of pathology has evolved rapidly in the last decade, particularly the last several years. The dominance of certain national and regional pathology providers and the in-sourcing of pathology services as a revenue stream by nonpathology specialists have transformed pathology services into a commodity in many market, rather than a professional medical service. Despite significant health care reform and a myriad of compliance laws and regulations, it is unlikely that pathology practice will return to "the good old days." As a result, it is important for pathologists to become familiar with the trends in their specialty and have familiarity with the legal issues presented by these trends.

Scoping review: national monitoring frameworks for social determinants of health and health equity

PubMed Central

Pedrana, Leo; Pamponet, Marina; Walker, Ruth; Costa, Federico; Rasella, Davide

2016-01-01

Background The strategic importance of monitoring social determinants of health (SDH) and health equity and inequity has been a central focus in global discussions around the 2011 Rio Political Declaration on SDH and the Millennium Development Goals. This study is part of the World Health Organization (WHO) equity-oriented analysis of linkages between health and other sectors (EQuAL) project, which aims to define a framework for monitoring SDH and health equity. Objectives This review provides a global summary and analysis of the domains and indicators that have been used in recent studies covering the SDH. These studies are considered here within the context of indicators proposed by the WHO EQuAL project. The objectives are as follows: to describe the range of international and national studies and the types of indicators most frequently used; report how they are used in causal explanation of the SDH; and identify key priorities and challenges reported in current research for national monitoring of the SDH. Design We conducted a scoping review of published SDH studies in the PubMed® database to obtain evidence of socio-economic indicators. We evaluated, selected, and extracted data from national scale studies published from 2004 to 2014. The research included papers published in English, Italian, French, Portuguese, and Spanish. Results The final sample consisted of 96 articles. SDH monitoring is well reported in the scientific literature independent of the economic level of the country and magnitude of deprivation in population groups. The research methods were mostly quantitative and many papers used multilevel and multivariable statistical analyses and indexes to measure health inequalities and SDH. In addition to the usual economic indicators, a high number of socio-economic indicators were used. The indicators covered a broad range of social dimensions, which were given consideration within and across different social groups. Many indicators included in the

[Tensions between the (il)legal and the (il)legitimate in professional health practices regarding women who seek abortion].

PubMed

López Gómez, Alejandra

2016-01-01

The implementation of a pre- and post-abortion health care strategy, adopted in 2004 in Uruguay within a restrictive legal context prior to the decriminalization of abortion in 2012, opened a window of opportunity to link women facing unwanted pregnancies and abortion to health services in order to prevent unsafe abortion practices. This article looks into the tensions generated by the change of focus from maternal-child health to health and sexual and reproductive rights, and how those tensions operate. Using semi-structured interviews and focus groups, the practices and perception and assessment frameworks of professionals in their care of women facing unwanted pregnancy and abortion in the National Integrated Health System in Montevideo are analyzed. The results offer insights into some of the barriers and difficulties that can currently be observed in the implementation of the new law.

A critique of cannabis legalization proposals in Canada.

PubMed

Kalant, Harold

2016-08-01

An editorial in this issue describes a cannabis policy framework document issued by a major Canadian research centre, calling for legalization of non-medical use under strict controls to prevent increase in use, especially by adolescents and young adults who are most vulnerable to adverse effects of cannabis. It claims that such a system would eliminate the severe personal, social and monetary costs of prohibition, diminish the illicit market, and provide more humane management of cannabis use disorders. It claims that experience with regulation of alcohol and tobacco will enable a system based on public health principles to control access of youth to cannabis without the harm caused by prohibition. The present critique argues that the claims made against decriminalization and for legalization are unsupported, or even contradicted, by solid evidence. Early experience in other jurisdictions suggests that legalization increases use by adolescents and its attendant harms. Regulation of alcohol use does not provide a good model for cannabis controls because there is widespread alcohol use and harm among adolescents and young adults. Government monopolies of alcohol sale have been used primarily as sources of revenue rather than for guarding public health, and no reason has been offered to believe they would act differently with respect to cannabis. Good policy decisions require extensive unbiased information about the individual and social benefits and costs of both drug use and proposed control measures, and value judgments about the benefit/harm balance of each option. Important parts of the necessary knowledge about cannabis are not yet available, so that the value judgments are not yet possible. Therefore, a better case can be made for eliminating some of the harms of prohibition by decriminalization of cannabis possession and deferring decision about legalization until the necessary knowledge has been acquired. Copyright © 2016 Elsevier B.V. All rights reserved.

[On the improvement of the legal support of the food safety in the conditions of trade and economic integration of states-members of the Customs union and the Russian Federation's accession to the WTO].

PubMed

Bragina, I V; Aksenova, O I; Bokit'ko, B G; Gorsky, A A

2013-01-01

In the article priority activities of The Federal Service for the Oversight of Consumer Protection and Welfare on improvement of standard legal support of safety of foodstuff and control of compliance of foodstuff to legislation requirements are reported. The main documents directed on harmonization of the international requirements with national ones and requirements of the Customs union on safety of foodstuff are submitted. Work within a framework of Russian Federation's accession to the WTO is described. And data on control of quality and safety of foodstuff are provided also.

From Toques to Tokes: Two challenges facing nationwide legalization of cannabis in Canada.

PubMed

Bear, Daniel

2017-04-01

In 2015, a new Liberal Government came to power in Canada, elected on a platform that included legalization and regulation of cannabis for recreational purposes. Their legislation, based on recommendations from a Federal Task Force on Marijuana Legalization and Regulation, is due in early April 2017. This commentary utilizes Canadian Federal policy papers, previous literature, and internal and international agreements to examine two key areas critical to the development of a nationwide regulated market for cannabis in Canada; the need to overcome restrictions to legalizing cannabis in United Nations' drug control treaties, and the unique challenges that non-medical cannabis creates for navigating interprovincial trade policies in Canada. Irrespective of UN conventions that appear to prohibit legalization of cannabis the Government is preparing to bring forward legislation as this article goes to print. At the same time significant squabbles impede the selling of even beer and wine inter-provincially in Canada. This paper identifies the challenges facing Canadian legalization efforts, but also shows how the legalization legislation may provide opportunities to engender significant change beyond the simple legalization of a specific drug. This commentary does not argue for any specific course of action for Canada, but rather explores the nuance of legalization absent from the declaration in the Liberal party platform. The paper argues that Canada's efforts may hasten the dismantling of the UN drug control structure, and provide renewed opportunities for intern-provincial trade in Canada. Copyright © 2017 Elsevier B.V. All rights reserved.

[Advanced therapy: from European regulatory framework to national regulatory framework].

PubMed

Lucas-Samuel, S

2013-05-01

The European regulation n(o) 1394/2007/CE published on the 13th of November 2007 defined and harmonized the European regulatory framework for advanced therapy medicinal products. It creates a specialized committee located at the European Medicine Agency, in charge of the assessment of these medicinal products. The consequences of this regulation are introduced in the French regulation by the law n(o) 2011-302 published on the 22nd of March 2011. It detailed notably the possibility for public establishments (except health establishments) and nonprofit organisms to create pharmaceutical establishments. This law defined also a specific category of advanced therapy medicinal products, which fall under the "hospital exemption" framework. The rules regarding the authorizations of the establishments able to prepare these types of medicinal products and the authorization of the products are defined by the n(o) 2012-1236 decree published on the 6th of November 2012. Copyright © 2013. Published by Elsevier SAS.

Small Unmanned Aerial Systems: Implications of the Evolving Legal Context for Use in Natural Resources Science and Management

NASA Astrophysics Data System (ADS)

Walker, M. J.

2016-12-01

Small unmanned aerial systems (sUAS, also known as drones) potentially provide researchers and managers with the capacity to enhance temporal and spatial resolution of data sets for natural resources science and management. sUAS have been used for many types of data collection and have a partial definition in mass of the aircraft, ranging from 0.5 to <55 lbs (0.2 to <24.9 kg). Aircraft within this range of mass can present a collision hazard to other aircraft. The Federal Aviation Administration (FAA) recently faced the challenge of removing regulatory barriers to sUAS application while minimizing risk in the national airspace. The regulatory and legal framework developed for using sUAS in natural resources science and management has evolved from a very conservative approach prior in the first decade of the 21st century. FAA's recently revised operating rules for sUAS, significantly changing pilot certification requirements and operating rules in the national airspace. The next 2-5 years will bring advances in sUAS applications for science and management, building upon the accomplishments of users who complied with the former regulatory environment. We review the current operating rules (49 CFR, part 107) that apply specifically to sUAS and discuss the implications for researchers and managers. While part 107 relaxed many restrictions, it is important to understand the regulatory framework currently in place that encourages development of applications for sUAS while adhering to the mandate that the national airspace be safe and secure. We consider potential applications for natural resources science and management in the context of the recently released operating rules, especially with respect to training requirements and protocols for use.

Can Children and Young People "Learn from" Atheism for Spiritual Development? A Response to the National Framework for Religious Education

ERIC Educational Resources Information Center

Watson, Jacqueline

2008-01-01

The new National Framework for Religious Education (RE) suggests, for the first time in national advice on agreed syllabuses, that atheism can be included in the curriculum alongside world religions. This article counters objections to the inclusion of atheism in RE and argues that children and young people can learn from atheistic beliefs and…

Introduction to the Legal System: A Short Story for Paralegals.

ERIC Educational Resources Information Center

Statsky, William P.

One of the training materials prepared for paralegals, or legal assistants, by the National Paralegal Institute, the document presents a hypothetical case concerning a client's dispute with the public schools in removing his daughter from a special reading program because of disruptive behavior. The case, which is presented as a short story,…

Legal Issues in Higher Education.

ERIC Educational Resources Information Center

Branton, Wiley A.

1984-01-01

Legal problems that colleges and universities might avoid are identified. Colleges are being sued over a broad range of legal issues and are expending money for legal and court fees, settlements, and judgments. Legal problems include right of admission to particular colleges, the right to stay in school, questions of faculty promotion and tenure,…

20 CFR 404.733 - Evidence you are the legally adopting parent or legally adopted child.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Evidence you are the legally adopting parent or legally adopted child. 404.733 Section 404.733 Employees' Benefits SOCIAL SECURITY ADMINISTRATION... Benefits § 404.733 Evidence you are the legally adopting parent or legally adopted child. If you are the...

The Principal's Legal Handbook.