scholarly journals Did the Individual Consent to the Risk of Harm? A Comparative Jurisdictional Analysis of Consent in Cases of Sexual Transmission/Exposure to HIV

2018 ◽  
Vol 82 (1) ◽  
pp. 76-105
Author(s):  
David Hughes
Keyword(s):  
Informed Consent ◽  
High Risk ◽  
Sexual Intercourse ◽  
Sexual Transmission ◽  
Unprotected Sexual Intercourse ◽  
Hiv Virus ◽  
The Usa ◽  
Legislative Framework ◽  
Consent Requirement ◽  
The Individual

This article considers the necessary ingredients for an individual to consent to running the risk of the HIV virus being transmitted through high-risk unprotected sexual intercourse. In order to achieve this aim, an assessment of what should equate to a fully informed consent is evaluated. The article will provide a comparative jurisdictional analysis of the consent requirement in three particularised jurisdictions: England, Canada and the USA. A comparison of relational judicial precepts will follow the discussion of extant law in each country. It will be established that few jurisdictions fully consider the requirements of a fully informed consent. The final part of the article will suggest a bespoke new legislative framework that will account for the circumstances that are necessary for an individual to provide a fully informed consent to the risk of acquiring the virus.

Informed consent and compulsory medical device registries: ethics and opportunities

2021 ◽  
pp. medethics-2020-107031
Author(s):  
Daniel B. Kramer ◽  
Efthimios Parasidis
Keyword(s):  
Informed Consent ◽  
High Risk ◽  
Medical Device ◽  
Clinical Evaluation ◽  
Medical Devices ◽  
Marketing Approval ◽  
Legal Requirements ◽  
Ethical Obligation ◽  
Cardiovascular Devices ◽  
The Usa

Many high-risk medical devices earn US marketing approval based on limited premarket clinical evaluation that leaves important questions unanswered. Rigorous postmarket surveillance includes registries that actively collect and maintain information defined by individual patient exposures to particular devices. Several prominent registries for cardiovascular devices require enrolment as a condition of reimbursement for the implant procedure, without informed consent. In this article, we focus on whether these registries, separate from their legal requirements, have an ethical obligation to obtain informed consent from enrolees, what is lost in not doing so, and the ways in which seeking and obtaining consent might strengthen postmarket surveillance in the USA.

scholarly journals Being Informed: The Complexities of Knowledge, Deception and Consent When Transmitting HIV

2010 ◽  
Vol 74 (3) ◽  
pp. 242-258 ◽  
Author(s):  
Lisa Cherkassky
Keyword(s):  
Informed Consent ◽  
Sexual Intercourse ◽  
Hiv Transmission ◽  
Hiv Status ◽  
Bodily Harm ◽  
Fine Line ◽  
Reasonable Belief ◽  
Hiv Virus ◽  
Grievous Bodily Harm ◽  
A Charge

The offence of inflicting grievous bodily harm under s. 20 of the Offences Against the Person Act 1861 has been confirmed as the most appropriate ground for convicting a reckless transmission of the HIV virus through sexual intercourse.1 An informed consent from the victim, along with a reasonable belief in that consent from the defendant, will now suffice as a defence to such a charge.2 However, it remains unclear how and when the victim must be informed of the relevant circumstances in order to provide consent to infected intercourse, and it is also undecided whether the defendant himself must divulge his HIV status in order to claim an honest belief in the victim's consent.3 Additionally, the fine line of consensual activity drawn in R v Brown4 appears to have been eroded by recent HIV transmission cases.5 This article outlines the development in relation to s. 20 to include HIV offences; it aims to untangle the recent authorities on knowledge, deception and consent in relation to both victims and perpetrators in reckless HIV transmission cases and suggests a way forward for the law in the shape of a new offence.

In Shortly about HIV and AIDS

2020 ◽  
Vol 2020 ◽  
Author(s):  
Sinisa Franjic
Keyword(s):  
Opportunistic Infections ◽  
Hiv And Aids ◽  
The Body ◽  
Hiv Disease ◽  
Infected Person ◽  
Defense System ◽  
Infected Mother ◽  
Unprotected Sexual Intercourse ◽  
Hiv Virus ◽  
Immunodeficiency Virus

HIV is a human immunodeficiency virus, a retrovirus that causes AIDS in the event of untreated infection. The virus causes the weakness and inability of the organism's defense system. HIV disease is a chronic progressive process that begins with the onset of HIV virus into the body, and over time (in adults over 10 years), a gradual destruction of the immune system occurs. The host during the infection becomes vulnerable and is suffering from complications of opportunistic infections and malignancies. A person infected with HIV feels good until developing AIDS, does not notice any changes in health, and has no specific external signs of infection. The only way to detect infection at this stage is HIV testing. HIV is transmitted: unprotected sexual intercourse with the infected person, exchange of needles, syringes or accessories with infected persons when taking drugs, with infected mother on her baby before, during or after delivery (breastfeeding).

Knowledge and Use of Emergency Contraceptive Pills among Bachelor's Level Female Students of Kathmandu Valley

2020 ◽  
Vol 8 ◽  
pp. 109-118
Author(s):  
Bhu Dev Jha
Keyword(s):  
Sexual Intercourse ◽  
Unwanted Pregnancy ◽  
Sampling Technique ◽  
Female Students ◽  
Kathmandu Valley ◽  
Sources Of Information ◽  
Cross Sectional ◽  
Unprotected Sexual Intercourse ◽  
Emergency Contraceptive ◽  
Emergency Contraceptives

 Emergency Contraceptive Pill (ECP) is used for preventing pregnancy after having unprotected sexual intercourse, contraceptive failure or forced sex. The use of ECP within 120 hours of sexual intercourse could prevent unwanted pregnancy and its adverse effects particularly unintended childbirth and unsafe abortion. The study, therefore, aimed to assess knowledge and use of emergency contraceptives among Bachelors level female students from Kathmandu Valley. A descriptive cross-sectional study was undertaken from August to November 2017 among 347 female students who were studying at the Bachelors's level. A random sampling technique was used to select study participants and a structured self-administered questionnaire was used to assess the knowledge and use of ECP after securing informed consent. Epi data and SPSS version 22 were used for data processing and analysis. The mean age of the female students was 21.5 years. Overall, 91.4% of the respondents had ever heard about emergency contraceptives. The main sources of information were radio or television, the internet and newspapers. About 4.6% of the undergraduate female students used ECP. Age, marital status, use of contraceptives and knowledge of ECP used within 72 hours were significantly associated with use of ECP. Although the findings of this study showed a high prevalence of knowledge among respondents, the improvement of female students’ knowledge on specific details of ECP and its advantages/disadvantages and timely utilization needs to be considered for any future awareness programmes.  

Differentiation of endemic areas by incidence rates of tick-borne infectious diseases as the basis for choosing prevention strategy and tactics

2019 ◽  
pp. 56-61
Author(s):  
N.V. Rudakov ◽  
N.A. Penyevskaya ◽  
D.A. Saveliev ◽  
S.A. Rudakova ◽  
C.V. Shtrek ◽  
...  
Keyword(s):  
High Risk ◽  
Infectious Diseases ◽  
Population Based ◽  
Preventive Therapy ◽  
Incidence Rates ◽  
Prevention Strategy ◽  
Individual Risk ◽  
The Individual ◽  
Integral Assessment ◽  
Very High

Research objective. Differentiation of natural focal areas of Western Siberia by integral incidence rates of tick-borne infectious diseases for determination of the strategy and tactics of their comprehensive prevention. Materials and methods. A retrospective analysis of official statistics for the period 2002-2018 for eight sub-federal units in the context of administrative territories was carried out. The criteria of differentiation were determined by means of three evaluation scales, including long-term mean rates of tick-borne encephalitis, tick-borne borreliosis, and Siberian tick-borne typhus. As a scale gradation tool, we used the number of sample elements between the confidence boundaries of the median. The integral assessment was carried out by the sum of points corresponding to the incidence rates for each of the analyzed infections. Results. The areas of low, medium, above average, high and very high risk of tick-borne infectious diseases were determined. Recommendations on the choice of prevention strategy and tactics were given. In areas of very high and high incidence rates, a combination of population-based and individual prevention strategies is preferable while in other areas a combination of high-risk and individual strategies is recommended. Discussion. Epidemiologic zoning should be the basis of a risk-based approach to determining optimal volumes and directions of preventive measures against natural focal infections. It is necessary to improve the means and methods of determining the individual risk of getting infected and developing tick-borne infectious diseases in case of bites, in view of mixed infection of vectors, as well as methods of post-exposure disease prevention (preventive therapy).

Directive Guidance as a Cultural Practice for Learning by Chinese-Heritage Babies

2021 ◽  
pp. 1-18
Author(s):  
Yu Zhang ◽  
Su-hua Wang ◽  
Shinchieh Duh
Keyword(s):  
Empirical Study ◽  
Early Development ◽  
Filial Piety ◽  
Theoretical Framework ◽  
Cultural Practice ◽  
European American ◽  
Individual Level ◽  
Children’S Learning ◽  
The Usa ◽  
The Individual

We provide a framework of analysis for Chinese ways of learning that extends beyond the individual level. The theoretical framework focuses on Confucian principles of <i>xiào</i> (孝, filial piety), <i>guăn</i> (管, to govern), and <i>dào dé guān</i> (道德觀, virtues), which leads us to argue that directive guidance as a cultural practice nourishes Chinese-heritage children’s learning as early as in infancy. To illustrate how directive guidance occurs in action for infants, we present an empirical study that examined the interaction of mother-infant dyads in Taipei, Taiwan, when they played with a challenging toy. The dyads co-enacted directive guidance more frequently than their European-American counterparts in the USA – through hand holding, intervening, and collaboration – while infants actively participate in the practice. We discuss the early development of strengths for learning that is fostered through culturally meaningful practices recurrent in parent-infant interaction.

Do information technology (IT) capabilities affect hotel competitiveness?

2020 ◽  
Vol 11 (3) ◽  
pp. 447-460
Author(s):  
Nan Hua
Keyword(s):  
Design Methodology ◽  
Financial Data ◽  
Content Type ◽  
It Systems ◽  
Study Results ◽  
It Capabilities ◽  
The Usa ◽  
Lagged Effects ◽  
The Individual ◽  
Direct Measures

Purpose This paper aims to examine the impacts of IT capabilities on hotel competitiveness. Design/methodology/approach This study adapts and extends Hua et al. (2015) and O’Neill et al. (2008) by incorporating the specific measures of IT expenditures as proxies for the relevant IT capabilities to explore the impacts of IT capabilities on hotel competitiveness. Findings This study finds that expenditures on IT Labor, IT Systems and IT Websites exert different impacts on hotel competitiveness. In addition, IT capabilities exert both contemporary and lagged effects on hotel competitiveness. Originality/value This study is the first that uses financial data to capture direct measures of individual IT capabilities and tests the individual impacts of IT capabilities on hotel competitiveness from both contemporaneous and lagged perspectives. It uses a large same store sample of hotels in the USA from 2011 to 2017; as a result, the study results can be reasonably representative of the hotel population in the USA.

scholarly journals A Cognitive Analysis of College Students’ Explanations for Engaging in Unprotected Sexual Intercourse

2009 ◽  
Vol 39 (5) ◽  
pp. 1121-1131 ◽  
Author(s):  
Lucia F. O’Sullivan ◽  
Wadiya Udell ◽  
Vernique A. Montrose ◽  
Patricia Antoniello ◽  
Susie Hoffman
Keyword(s):  
College Students ◽  
Sexual Intercourse ◽  
Cognitive Analysis ◽  
Unprotected Sexual Intercourse

Canada’s changing innovation landscape

2021 ◽  
Author(s):  
Md. Razib Alam ◽  
Bonwoo Koo ◽  
Brian Paul Cozzarin
Keyword(s):  
The United States ◽  
Destination Country ◽  
Firm Level ◽  
Individual Level ◽  
Patent Classification ◽  
The Usa ◽  
The Government ◽  
The Individual ◽  
The University ◽  
Over Time

Abstract Our objective is to study Canada’s patenting activity over time in aggregate terms by destination country, by assignee and destination country, and by diversification by country of destination. We collect bibliographic patent data from the Canadian Intellectual Property Office and the United States Patent and Trademark Office. We identify 19,957 matched Canada–US patents, 34,032 Canada-only patents, and 43,656 US-only patents from 1980 to 2014. Telecommunications dominates in terms of International Patent Classification technologies for US-only and Canada–US patents. At the firm level, the greatest number of matched Canada–US patents were granted in the field of telecommunications, at the university level in pharmaceuticals, at the government level in control and instrumentation technology, and at the individual level in civil engineering. We use entropy to quantify technological diversification and find that diversification indices decline over time for Canada and the USA; however, all US indices decline at a faster rate.

Sexual and Reproductive Health in China

2021 ◽  
Author(s):  
Qianling Zhou ◽  
Chu-Yao Jin ◽  
Hai-Jun Wang
Keyword(s):  
Reproductive Health ◽  
Sexual Intercourse ◽  
Sexual And Reproductive Health ◽  
Sexual Transmission ◽  
Induced Abortion ◽  
Gender Based Violence ◽  
The Disabled ◽  
Gender Based ◽  
Contraceptive Practice ◽  
Hiv Aids

Databases of PubMed, Scopus, and China National Knowledge Infrastructure (CNKI) were used to search relevant articles on sexual and reproductive health (SRH) in China published from 2005 to the present (2021), based on the World Health Organization’s (WHO) Operational Framework on Sexual Health and Its Linkages to Reproductive Health. The following results were found. (a) SRH education and information among the Chinese were insufficient, in particular regarding contraception, pregnancy, and sexually transmitted diseases (STDs). Adolescents, migrants, and the rural population had insufficient knowledge of SRH. (b) Fertility care services were mainly available in large cities, in urban areas, and for married couples. Services targeted for rural-to-urban migrants, rural residents, and the disabled and elderly are needed. (c) A total of 22.4% of youths aged 15–24 had premarital sexual intercourse, and the age of first sexual intercourse was decreasing. Risky sexual behaviors included multiple partners, casual and commercial sex, and having sex after drinking alcohol. (d) The contraceptive practice rate of women aged 15–49 in China was higher than the world’s corresponding figure. However, contraceptive use among young people was low (only 32.3% among unmarried women). (e) Unmarried pregnancy induced by low contraceptive practice is a critical issue in China. (f) Induced abortion was the major consequence of unmarried pregnancy. The rate of induced abortion among the general population in 2016 was 28.13‰, and the rate among unmarried women was increasing annually. (g) There were 958,000 HIV-infected cases in China as of October 2019. Sexual transmission was the major transmission route of HIV-AIDS. More men than women were infected. Men having sex with men comprised the high-risk group of sexual transmission of HIV-AIDS. (h) Gender-based violence including intimate partner violence (IPV), sexual violence, sexual coercion, and child sexual abuse (CSA) might be underreported in China, since many victims were afraid to seek help as well as due to limited services. Legal and regulatory measures should therefore be taken to prevent and reduce gender-based violence. For future perspectives of SRH in China, it is important to pay attention to SRH education and services. An up-to-date national survey on SRH is needed to reflect the current situation and to capture changes over the past decade. Most of the current research has been conducted among adolescents, and more studies are needed among other groups, such as the disabled, the elderly, and homosexual populations.

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