Criminal Law and Public Health

2012 ◽  
Keyword(s):  
Public Health ◽  
Criminal Law

Cauzele justificative și transmiterea unor boli infectocontagioase

2020 ◽  
Vol 2020 (2020) ◽  
pp. 319-347
Author(s):  
Dorel HERINEAN ◽  
Keyword(s):  
Public Health ◽  
Infectious Diseases ◽  
Criminal Law ◽  
Social Value ◽  
Legal Practice ◽  
The Public ◽  
The Law ◽  
The Times ◽  
Near Future

In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.

Doing Harm

2021 ◽  
pp. 212-231
Author(s):  
Jeanne Flavin ◽  
Lynn M. Paltrow
Keyword(s):  
Public Health ◽  
Social Workers ◽  
Criminal Law ◽  
Healthcare Professionals ◽  
New Mothers ◽  
Confidential Information ◽  
Patient Confidentiality ◽  
Hospital Social Workers ◽  
Medical Health ◽  
Private Matter

Under the guise of “protecting the unborn,” anti-abortion and related measures such as feticide laws are being used as the basis for arresting pregnant women and new mothers. It is often the case that the initial disclosure of information that led to the involvement of criminal law, child welfare, or other state authorities has been made by healthcare professionals, including doctors, nurses, and hospital social workers. Pregnant patients—like other patients—should expect that their medical health is a private matter and that healthcare provider–patient confidentiality will be respected. Such disclosures have legal, social, and public health consequences and frequently lead to interventions that are punitive and counterproductive, not protective. This chapter describes the ethical obligations of healthcare professionals, including their duty to advocate for the protection of confidential information and to work to change unjust practices, policies, and laws.

Prosecution of female genital mutilation in the United Kingdom: Injustice at the intersection of good public health intentions and the criminal law

2019 ◽  
Vol 19 (4) ◽  
pp. 258-281 ◽  
Author(s):  
Marge Berer
Keyword(s):  
Public Health ◽  
United Kingdom ◽  
Criminal Law ◽  
Female Genital Mutilation ◽  
Public Health Issue ◽  
Traditional Practice ◽  
Genital Mutilation ◽  
The United Kingdom ◽  
Health Intentions ◽  
Female Genital

Female genital mutilation (FGM) is a harmful traditional practice and a serious public health issue in the countries where it is carried out. It is also a violation of the rights of the girls to whom it is done. The main action taken in the United Kingdom to stop FGM, has been to criminalise it. Public health measures, such as the provision of specialist clinics for those who experience complications of FGM have been implemented as well, and some education in schools is provided. This article is about the injustice that has arisen from the pursuit of prosecutions for FGM in the United Kingdom, in spite of good public health intentions. Since 2012, there have been four criminal cases, several arrests that never came to trial, and for reasons of safeguarding, an unknown number of investigations with the threat of girls being taken into care, and people stopped from travelling with girl children to visit their families in FGM-practising countries. To date, only one criminal case in 2019 – R v. N (FGM) – which is the main subject of this article, has resulted in a guilty verdict. This article outlines this history in relation to the criminal law and uses courtroom observation to analyse what happened in the 2019 case in detail. It argues that the conviction depended on medical opinion and the highly uncertain evidence of two children and was influenced by a spurious link to witchcraft that should never have been permitted in the courtroom. It argues that this conviction is unsafe and should be appealed. It further argues that to use protection orders only because a child’s mother had FGM, in the absence of any evidence of risk, is discriminatory and a form of impermissible racial/ethnic profiling. The article concludes that the United Kingdom should stop recording a history of FGM in women seeking healthcare. It calls for the current law against FGM to be reconsidered and replaced with positive measures for countering FGM which have the support and involvement of the community groups to whom they are addressed.

scholarly journals Coronavirus (COVID-19) and Possibilities for Criminal Law Reaction in Europe: A Review

2020 ◽  
Author(s):  
Veljko TURANJANIN ◽  
Darko RADULOVIĆ
Keyword(s):  
Public Health ◽  
European Union ◽  
World Health Organization ◽  
Criminal Law ◽  
The State ◽  
World Health ◽  
Criminal Offence ◽  
Contagious Disease ◽  
The World ◽  
Health Organization

Coronavirus (COVID-19) is the newest dangerous contagious disease in the world, emerged at the end of 2019 and the beginning of 2020. World Health Organization at the daily level publishes numbers of infected patients as well as several dead people around the world and in every region particularly. However, public health and criminal law are inevitably linked. National criminal laws in Europe mainly prescribe criminal offences for transmitting a dangerous contagious disease. Numerous states have closed their borders, quarantining their nationals that entering in the state. Strangers cannot enter in European Union. However, many do not abide by the restrictions, and people who have become ill with coronavirus walking the streets and committing a criminal offence. The authors in the work, in the first place, explain the connection between public health and criminal law and then elaborate criminal jurisdictions in Europe.

Criminal Law and Public Health Practice

2007 ◽  
pp. 136-167 ◽  
Author(s):  
Zita Lazzarini ◽  
Richard A. Goodman ◽  
Kim S. Dammers
Keyword(s):  
Public Health ◽  
Criminal Law ◽  
Public Health Practice ◽  
Health Practice

scholarly journals The Legal Regulation of First Aid to Injured at Work

2016 ◽  
Vol 5 (3) ◽  
pp. 28-33
Author(s):  
Федорец ◽  
Aleksandr Fedorets ◽  
Шведов ◽  
R. Shvedov
Keyword(s):  
Public Health ◽  
Criminal Law ◽  
Working Hours ◽  
Legal Regulation ◽  
First Aid ◽  
Legal Aspects ◽  
Separate Determination ◽  
Labor Protection ◽  
Legal Process ◽  
Labor Legislation

First aid to injure of accidents at work takes the significant place in the system of labor protection as an important element of preserving life and safety of workers who are injured or have experienced a sharp deterioration in health during working hours. Nevertheless, the legal component of first aid has not yet been worked out in detail. As shown in the article, the main problem is that first aid treatment to injure at work is not limited to labor legislation, but is also an important part of the legislation on the protection of public health, criminal law. The article offers a comprehensive, systematic look at the legal aspects of first aid treatment at work with a focus on the need for an explicit separate determination and enforcement of the legal process "empower" and "bind" in organization of the first aid treatment at the employer.

Payment of a Fine by a Person Other than the Defendant—Law and Policy

1974 ◽  
Vol 9 (3) ◽  
pp. 325-345
Author(s):  
Dan Bein
Keyword(s):  
Public Health ◽  
Criminal Law ◽  
National Economy ◽  
Road Traffic ◽  
Penal System ◽  
Short Sentence ◽  
Law And Policy ◽  
Penal Sanction

The main modes of punishment in our penal system are imprisonment, suspended imprisonment and fines, the last being the most frequently used. Fines as a mode of punishment becomes more and more popular the more it is realized that a short sentence of imprisonment often serves no useful purpose and is sometimes even harmful. Furthermore, as criminal law expands into new areas, as a means for the enforcement of administrative regulations, on public health, road traffic, national economy, etc., fines are used more since in many of these cases imprisonment is not regarded as a suitable sanction.Every one of the known aims of the penal sanction (retribution, deterrence, resocialization in their various aspects or, possibly a mere warning can be best achieved when the sentence is inflicted upon the defendant personally. There is no point, for instance, in imprisoning another person in place of the defendant or placing another on probation. In the same way fines too should be paid by the offender and not by anyone else.In practice, the problem of another person taking upon himself the defendant's penalty arises mainly in respect to fines, because it is not likely that one person would be willing to suffer imprisonment on behalf of another and furthermore, the means of identification used by the prison authorities makes this extremely difficult.

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