scholarly journals The legal implications of prenatal diagnosis in Malaysia

F1000Research ◽  
2021 ◽  
Vol 10 ◽  
pp. 1103
Author(s):  
Chee Ying Kuek
Keyword(s):  
Prenatal Diagnosis ◽  
Medical Practitioner ◽  
Legal Abortion ◽  
Test Results ◽  
Legal Research ◽  
The Public ◽  
Wrongful Life ◽  
The United Kingdom ◽  
Legal Implications ◽  
Wrongful Birth

Background: Prenatal diagnosis enables detection of any disease or disability of the fetus during the pregnancy of a woman. Parents whose fetus is found to have a serious disorder from antenatal testing may terminate the pregnancy if it is permitted by the law or continue with the pregnancy to term. However, the chance of terminating a pregnancy may be denied if there is prenatal negligence by the medical practitioner in terms of diagnosis or failure to advise on the test results correctly. The purpose of this research is to examine the possible legal implications of prenatal diagnosis in Malaysia. Methods: This study adopts doctrinal legal research in which the researcher examines statutes and decided cases in Malaysia, the United Kingdom (UK) and Singapore relating to abortion, wrongful birth and wrongful life claims, in order to determine the legal implications of prenatal diagnosis in Malaysia. Results: In Malaysia, abortion following a prenatal diagnosis is only legally possible if the statutory criteria in the Penal Code are met. Abortion is illegal if it is not done for therapeutic purposes. A wrongful birth action brought by a woman who claims to be deprived of the opportunity to terminate her pregnancy may be successful in Malaysia, if it can be proven that a legal abortion could have been performed if not because of the prenatal negligence of the medical practitioner. However, a wrongful life action brought in the child’s name for being allowed to be born with a disability may not be viable since the claim could hardly be established and it is against the public policy. Conclusions: Theoretically, it is possible to bring a wrongful birth action resulted from negligence in prenatal diagnosis successfully in Malaysia, but the chance is relatively slim for wrongful life action.

Guidelines for Fixed Wing Air Ambulance Flights

1985 ◽  
Vol 1 (3) ◽  
pp. 294-297
Author(s):  
R.J. Fairhurst ◽  
Captain D. Antrobus
Keyword(s):  
International Travel ◽  
Insurance Companies ◽  
Air Ambulances ◽  
Air Ambulance ◽  
The Public ◽  
The United Kingdom ◽  
Legal Implications ◽  
Medical Transport ◽  
The Uk ◽  
Seriously Ill

The easy availability of small aircraft for charter, has been accompanied by increasing willingness on the part of insurance companies to pay the costs for the use of these air ambulances. Operators of aircraft in the United Kingdom and Europe were becoming increasingly worried about the moral, medical and legal implications of carrying seriously ill or injured passengers. In late 1980 the UK Air Taxi Operators Association (ATOA) began to formulate Guidelines for air ambulance operations, and in 1981 these were incorporated into the studies of the same subject by the International Business Aircraft Association (IBAA), Europe. This paper presents the Guidelines adopted by the ATOA and ratified by IBAA Europe. The Guidelines are designed not to hamper the development of aeormedical rescue, but to bring it within a proper medical aeronautical framework for the safety of the patients, and medical and aircraft crews.During the last 30 years development of the international travel market in Europe has resulted in many patients becoming ill or suffering injuries many miles from their own home. In the past these people would have remained in a local hospital and received treatment by the locally available facilities. There has been a revolution in the technology of medical transport, providing skills and equipment which allows the most seriously injured people to be transported over long distances. The public demand has pressed insurance companies to offer as part of travel packages the possiblity of medical repatriation. The number of new serious medical cases abroad reported to Europ Assistance in London, rose from 736 in 1978 to a projected 3,500 in 1983.

The Risk of Birth Defects: Jacobs v. Theimer and Parents’ Right to Know

1977 ◽  
Vol 2 (2) ◽  
pp. 213-243 ◽  
Author(s):  
Miriam Kass ◽  
Margery W. Shaw
Keyword(s):  
Prenatal Diagnosis ◽  
Birth Defects ◽  
Recent Progress ◽  
Medical Genetics ◽  
Genetic Counselors ◽  
Right To Know ◽  
Wrongful Life ◽  
Wrongful Birth

This Article discusses the Texas Supreme Court's holding in Jacobs v. Theimer that the parents of a defective child had a cause of action for damages against a physician for alleged negligent failure to inform the mother during pregnancy that she had contracted rubella and therefore might have a defective child, thereby causing her to lose the opportunity to have an abortion. The Article raises a number of questions that posi-Jacobs courts probably will confront concerning the duty of physicians and genetic counselors to keep their clients informed; describes some social and medical developments—including recent progress in medical genetics and prenatal diagnosis—which are likely to make Jacobs a significant precedent; evaluates the court's decision to allow a damage suit only for the costs of treating and caring for the child's defects; and briefly addresses the question of whether the Jacobs case comes within the sphere of suits for what has come to be known as “wrongful birth” and “wrongful life.”

scholarly journals Legal Implications of the Norms Conflict in the Governance Regulation of the Water Resources

2020 ◽  
Vol 9 (1) ◽  
pp. 17-23
Author(s):  
Indro Budiono ◽  
Moch. Bakri ◽  
Moh. Fadli ◽  
Imam Koeswahyono
Keyword(s):  
Water Resources ◽  
Public Interest ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Colonial Era ◽  
The Public ◽  
The People ◽  
Legal Implications ◽  
The Republic

AbstractArrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic water resources is in line with the existence of Law No. 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law No. 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic part of this research is using an investigation strategy. The results showed that the article in Law No. 17 of 2019 proves that the production branches that are important for the State that control the public interest can not be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets cannot be used so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

scholarly journals Davies, Chantal, Ferreira, Nuno, Morris, Anne and Morris, Debra (2016) Editorial: The Equality Act 2010: five-years on. International Journal of Discrimination and the Law, Vol 16(2-3), 61-65

2018 ◽  
Author(s):  
Chantal Davies ◽  
Nuno Ferreira ◽  
Anne Morris ◽  
Debra Morris
Keyword(s):  
United Kingdom ◽  
Legal Study ◽  
The Public ◽  
The United Kingdom ◽  
Legal Implications ◽  
Legal Perspective ◽  
The Law ◽  
To Come ◽  
Poster Presentations ◽  
The Impact

‘The Equality Act 2010: five years on’ conference was organized as a collaboration between the Forum for Research into Equality and Diversity (University of Chester) and the School of Law and Social Justice (University of Liverpool). The Equality Act 2010 has arguably been one of the most important and challenging pieces of legislation introduced in the last decade in the United Kingdom. As such, it was felt that the 5-year anniversary of its implementation provided an excellent opportunity to bring together those researching and practising in this area of law. In particular, the conference was intended to provide the opportunity for a review of the implications and impact of the legislation during this period, but also to consider the way in which it can continue to promote equality and protect against discrimination into the 21st century.As organizers, we were keen to focus the themes of the conference around the broad range of socio-legal study taking place across the United Kingdom in relation to the Equality Act 2010. While many conferences have focussed on the implications of the legislation for practitioners and wider exploration of equality across a variety of sectors, it was felt that there were few academic gatherings permitting researchers to explore the impact of the Equality Act from a socio-legal perspective. Contributors were invited to submit papers and poster presentations across a range of themes around the legislation including, but not limited to, the public sector equality duty, intersectionality, positive action, strategic enforcement, hierarchy of protected characteristics, education, etc.The quality and range of papers and posters submitted and presented at the conference exceeded expectations. As had been hoped, the variety of socio-legal study being carried out across the United Kingdom around the Equality Act was exceptional. The conference, therefore, provided the space and opportunity to come together to explore the implications of this work and to build upon existing dialogues and networks in order to provide a better connected and less isolated evidential basis for the future development of the legislation. The collection of articles within this publication is an excellent representation of some of the themes explored at the conference. We are very grateful to the International Journal of Discrimination and the Law for providing the opportunity to expand the dialogue around the socio-legal implications of the Equality Act 2010 beyond the conference via this special edition.

scholarly journals Kedudukan Hukum Deponeering dalam Sistem Peradilan Pidana

2021 ◽  
Vol 2 (1) ◽  
pp. 17-29
Author(s):  
Desi Ratnasari ◽  
Sahuri Lasmadi ◽  
Elly Sudarti
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Implications ◽  
The Law ◽  
The Republic

This article aims to identify and analyze the legal implications and analyze the regulation of public interest as a condition for implementing deponeering by the Attorney General for the sake of the public interest in the perspective of the development of criminal procedural law. This research is a legal research, obtained from statutory studies (statute approach), concept (conceptual approach), cases. The result of this research is that there is discrimination against equality before the law contained in Article 27 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia and can trigger misinterpretation by the Attorney General. Then in its implementation there is no clear regulation regarding the application of the opportunity principle related to the authority of the attorney general in the implementation of case waiver (deponeering) for the public interest in the Criminal Procedure Code.  Abstrak Artikel ini bertujuan untuk mengetahui dan menganalisis implikasi hukum serta menganalisis terhadap regulasi kepentingan umum sebagai syarat pelaksanaan pengesampingan perkara (deponeering) oleh Jaksa Agung demi kepentingan umum dalam prespektif perkembangan hukum acara pidana.  Penelitian ini merupakan penelitian hukum, yang diperoleh dari studi perundang-undangan (statute approach), konsep (conceptual approach), kasus. Hasil dari penelitian ini adalah adanya diskriminatif terhadap equality before the law yang terdapat dalam Pasal 27 Ayat (1) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 dan dapat memicu salah tafsir oleh Jaksa Agung. Lalu di dalam pelaksanaannya belum terdapat regulasi yang jelas mengenai penerapan asas oportunitas yang berhubungan dengan kewenangan jaksa agung dalam pelaksanaan pengesampingan perkara (deponeering) demi kepentingan umum di dalam Kitab Undang-Undang Hukum acara Pidana (KUHAP). 

scholarly journals Preimplantation and prenatal diagnosis, wrongful birth and wrongful life: a global view of bioethical and legal controversies

2017 ◽  
Vol 23 (3) ◽  
pp. 338-357 ◽  
Author(s):  
Paola Frati ◽  
Vittorio Fineschi ◽  
Mariantonia Di Sanzo ◽  
Raffaele La Russa ◽  
Matteo Scopetti ◽  
...  
Keyword(s):  
Prenatal Diagnosis ◽  
Wrongful Life ◽  
Global View ◽  
Wrongful Birth

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Reconstruction of Life Imprisonment in Prison System in Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 499
Author(s):  
Boma Wira Gumilar ◽  
Gunarto Gunarto ◽  
Akhmad Khisni
Keyword(s):  
Justice System ◽  
Criminal Code ◽  
Prison System ◽  
Penal System ◽  
Legal Research ◽  
Life Imprisonment ◽  
The Public ◽  
Prison Life ◽  
The Future ◽  
Research Types

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.

PENGARUH SISTEM INFORMASI AKUNTANSI DAN TEKNOLOGI INFORMASI TERHADAP KINERJA PELAYANAN DI SEKTOR PUBLIK

2011 ◽  
Author(s):  
Hari Wahyudi
Keyword(s):  
Information Systems ◽  
Public Sector ◽  
Service Sector ◽  
Accounting Information ◽  
Service Performance ◽  
Test Reliability ◽  
Test Results ◽  
Performance Information ◽  
Accounting Information Systems ◽  
The Public

This study aimed to investigate the influence of accounting information systems and technology to service performance information on the public sector. Samples in this study were RS. M. Djamil in Padang, PLN, PDAM in Padang and taken at random (purposive sampling). Of the 122 questionnaires had been distributed only 85 questionnaires could be processed. Test Equipment used to test the validity of this study is the test, Test Reliability, Test for multicollinearity, coefficient Determination Test, and the t test, results of this study are: (a) The first hypothesis tests can be concluded that the accounting information systems has significant influence on performance in service sector public. (2) Information technology does not significantly influence the performance of services in the public sector.

Sign in / Sign up

Export Citation Format

Share Document