Autonomy and capacity: the ethical and legal considerations

This article discusses the important concept of autonomy and what this means for patients and their families. This concept is the first of the four ethical principles identified by Beauchamp and Childress (2019) and is an important legal issue. First, the ethical position of autonomy will be explored, before moving on to discuss the legal aspects. Next, definitions will be presented, and the relevant and pertinent parts of the Nursing and Midwifery Council (NMC) (2018) code introduced. Finally, closely linked to autonomy is capacity. This link will be discussed, highlighting the processes and considerations that need to be considered if a person’s capacity is reduced.

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Abortion Laws and Regulations in Iran and European Countries During the COVID-19 Pandemic

Journal of Arak University of Medical Sciences ◽

10.32598/jams.23.cov.6394.1 ◽

2020 ◽

Vol 23 (5) ◽

pp. 686-697

Author(s):

Roya Rashidpouraie ◽

◽

Mohammad Nader Sharifi ◽

Mina Rashidpouraei ◽

◽

...

Keyword(s):

Reproductive Health ◽

Legal Aspects ◽

European Countries ◽

Ethical Principles ◽

Participation Of Women ◽

Abortion Laws ◽

Life Threatening ◽

New Guidelines ◽

National Databases ◽

Laws And Regulations

Background and Aim: Abortion has always posed challenges in the areas of ethics, law, religion, philosophy, and reproductive health. Some countries have had different approaches to abortion at different times. Today, abortion is a major challenge in Iran. Social developments and increasing level of health literacy, awareness and participation of women in social and economic fields have led to incompatibility of theoretical and practical aspects in these areas. Women sometimes have abortions without attention to the national law. In Iran, the reasons for legal abortion are the life-threatening conditions of the mother and the fetus. During the Coronavirus Disease 2019 (COVID-19) pandemic, some countries have revised their abortion laws and regulations. In some countries, such as France and Finland, these revisions are permanent; in countries such Portugal and Norway, the changes are temporary; and in other countries such as Germany and Belgium, it is unclear whether the changes are permanent or temporary. In this study, we aim to review the abortion laws and regulations in Europe and Iran. Then, by discussing the new guidelines for the COVID-19 pandemic, we evaluate the effects and consequences of this pandemic on abortion. Methods & Materials: The search was conducted in PubMed/MEDLINE, ScienceDirect, Scopus and Google Scholar as well as national databases such as SID, MagIran, and IranMedex on studies published from 2002 to 2020 using the following keywords:Abortion, illegal abortion, induced abortion, and COVID-19. Due to the onset of SARS-COV1 epidemic in 2002, all articles published between these two outbreaks were searched. Ethical Considerations: All ethical principles were observed in this article. Results: During the COVID-19 pandemic, some European countries revised the abortion laws and regulations, mostly due to realize the reproductive health right. It seems that, this revision has not yet been taken place in Iran. Conclusion: With the emergence of COVID-19, some countries had revised their abortion laws and regulations to reduce unsafe abortions. It seems that during the Covid19 pandemic, due to changes in lifestyle such as social distancing and economic and social lockdowns, it needs to revise medical laws and regulations in health-oriented and time-dependent areas (such as abortion) so that the principles of medical ethics such as beneficence and maleficent, can be applied. Having COVID-19 and consequently abortion during the pandemic is one of the most challenging issues that should be addressed in terms of ethical, jurisprudential and legal aspects. Development of regulations based on ethical principles during the COVID-19 pandemic is necessary to prevent illegal and unsafe abortions.

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TINJAUAN HUKUM MENGENAI PERLINDUNGAN TENAGA KERJA INDONESIA DIHUBUNGKAN DENGAN PRINSIP STANDAR MIMUM INTERNASIONAL DALAM PERSPEKTIF HAK ASASI MANUSIA

Yustitia ◽

10.31943/yustitia.v4i2.47 ◽

2018 ◽

Vol 4 (2) ◽

pp. 188-208

Author(s):

Siti Sumartini

Keyword(s):

Physical Violence ◽

Legal Protection ◽

Secondary Data ◽

Scientific Work ◽

Legal Aspects ◽

Legal Issue ◽

Labor Migrants ◽

Minimum Standards ◽

International Perspectives ◽

Using Data

Problems of Indonesian Workers (TKI) is never complete, this is caused by many factors that lie behind it. Cases of physical violence, unpaid salaries, sexual ravings to the death penalty of defending. can be drawn a legal issue that focuses as follows; What is the Shape of Protection Against TKIs working in other countries in a human rights perspective? and How can the International Minimum Standards Principle be applied as a form of protection to labor migrants?. This research is done by using normative juridical method. This juridical approach is due to this research by analyzing the legal aspects that exist, and is normative since this study focuses more on the analysis of existing legislation and other regulations, both from national and international perspectives, as well as using data secondary data that is scientific references or other scientific writings as a study material that can support the completeness of this scientific work. Legal protection regarding TKI is an absolute must be done by the Indonesian government, given the TKI is a foreign exchange hero for the country.

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Duty to Warn versus Duty to Protect Confidentiality: Ethical and Legal Considerations Relative to Individuals with AIDS/HIV

Journal of Applied Rehabilitation Counseling ◽

10.1891/0047-2220.42.1.43 ◽

2011 ◽

Vol 42 (1) ◽

pp. 43-49 ◽

Cited By ~ 1

Author(s):

Runna Alghazo ◽

Thomas D. Upton ◽

Nicholas Cioe

Keyword(s):

Service Provision ◽

Code Of Ethics ◽

Ethical Dilemmas ◽

Ethical Principles ◽

Rehabilitation Counselors ◽

Rehabilitation Counselor ◽

Duty To Warn ◽

Ethical And Legal Considerations ◽

Duty To Protect

This article explores ethical dilemmas associated with rehabilitation counselor service provision to individuals with AIDS/HIV, emphasizing the conflict between the duty to protect confidentiality and the duty to warn and the ethical and legal considerations pertaining to this conflict. A discussion on the limits of confidentiality, the application of the six ethical principles, the specific guidelines provided in rehabilitation counselors' code of ethics, and the legal actions that address the issue of duty to warn are provided.

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Ethical and Legal Considerations in Problem-Solving Courts

Problem-Solving Courts and the Criminal Justice System ◽

10.1093/med-psych/9780190844820.003.0009 ◽

2019 ◽

pp. 171-199

Author(s):

David DeMatteo ◽

Kirk Heilbrun ◽

Alice Thornewill ◽

Shelby Arnold

Keyword(s):

Problem Solving ◽

Ethical Issues ◽

Legal Aspects ◽

Ethical Challenges ◽

Defense Counsel ◽

Ethical Implications ◽

Problem Solving Courts ◽

Specialty Courts ◽

Ethical And Legal Considerations

This chapter focuses on the legal and ethical considerations that are relevant to problem-solving courts. The chapter begins with a review of the constitutional considerations relevant to problem-solving courts and how they impact pleadings, consent, and competence. Next, this chapter provides an overview of the ethical issues associated with consent and confidentiality in specialty courts. Part of the discussion of legal considerations compares legal aspects of problem-solving courts to legal aspects of standard prosecution. This chapter also covers ethical implications regarding the role of the judge in specialty courts. A key topic in this area is the role of coercion/leverage, both in terms of how offenders are admitted to problem-solving courts and what actions courts take when a client is not compliant. We also examine the important role of defense counsel in problem-solving courts, focusing on how defense counsel can effectively and ethically represent defendants within a problem-solving justice framework. Finally, this chapter discusses clinical implications of the ethical challenges that are most relevant to problem-solving courts.

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Justice: what is it and how can you ensure your patients receive it?

British Journal of Healthcare Assistants ◽

10.12968/bjha.2022.16.1.12 ◽

2022 ◽

Vol 16 (1) ◽

pp. 12-16

Author(s):

Oladayo Bifarin ◽

David Stonehouse

Keyword(s):

Distributive Justice ◽

Rule Of Law ◽

Ethical Principles ◽

Mutual Respect ◽

Individual Liberty ◽

The Rule Of Law ◽

Important Concept

This article discusses the important concept of justice, one of the four ethical principles developed by Beauchamp and Childress (2019) . Gillon (1994) divided justice into three categories: distributive justice, rights-based justice and legal justice. Justice also forms an important part of British values regarding democracy, the rule of law, individual liberty, mutual respect and tolerance of those of different faiths and beliefs. Following an introduction defining what is meant by the term ‘justice’, the relevant parts of the Nursing Midwifery Council code ( NMC, 2018a ) will be identified and presented. There will then follow a discussion on the three categories of justice as laid out by Gillon (1994) and how justice fits in with British values. Finally, this discussion will point towards how justice can be achieved for the patients in your care and the colleagues you work alongside.

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