Mandatory vaccination: is it ethical?

2021 ◽  
Vol 32 (Sup12) ◽  
pp. S5-S7
Author(s):  
George Winter
Keyword(s):  
Social Care ◽  
The Right ◽  
Mandatory Vaccination ◽  
State Interference

Mandatory – or compulsory – vaccinations are controversial, with some arguing that individuals should have the right to assert their personal decisions without state interference. The recent decision to make COVID-19 vaccination mandatory for frontline NHS workers in England, as well as those working in social care, has thrown the idea into the spotlight.

France’s Macron seeks to relaunch economic reforms

2021 ◽  
Keyword(s):  
Government Spending ◽  
Social Care ◽  
Youth Unemployment ◽  
Economic Reforms ◽  
Fiscal Rules ◽  
Left Wing ◽  
Social Unrest ◽  
Content Type ◽  
The Government ◽  
Mandatory Vaccination

Significance Among those policies are measures targeted at youth unemployment and social care for older people, aimed at attracting left-wing support. Most importantly, Macron has committed to relaunching his controversial pension reforms, which triggered widespread social unrest in late 2019 and early 2020. Impacts Mandatory vaccination could trigger protests and legal action against the government. The centre-right Republicans could take support from Macron if they unite around a strong presidential candidate over the coming months. Macron will likely push for looser EU fiscal rules to facilitate more government spending beyond 2022.

scholarly journals Jurisdiction of Mental Health Tribunals to Provide Positive Remedies: Application, Challenges, and Prospects

2012 ◽  
Vol 57 (2) ◽  
pp. 267-298
Author(s):  
Joaquin Zuckerberg
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Civil Rights ◽  
Mentally Ill ◽  
Policy Makers ◽  
Adequate Care ◽  
Mental Health Legislation ◽  
The Right ◽  
Health Legislation ◽  
State Interference

Modern mental health legislation protects the civil rights of the mentally ill by limiting the scope of permissible state interference with an individual’s autonomy. It also generally sets up mental health tribunals in charge of reviewing compliance with parts of the legislation. However, the legislation does not generally address the right to adequate mental health care. The latter (or its lack thereof) has increasingly become a source of debate among scholars and policy makers. The right to adequate care is increasingly being seen as the sine qua non of the civil rights of the mentally ill. This article explores recent Canadian jurisprudence dealing with the power of administrative tribunals to address constitutional and quasi-constitutional claims, and questions whether such power could give rise to a claim for adequate health care before mental health tribunals. It argues that, subject to some limited circumstances where mental tribunals have been given certain discretion to factor adequate care into their decisions, the recent Canadian jurisprudence does not significantly modify the limited remedies available before mental health tribunals.

The right to healthcare

2020 ◽  
pp. 195-208
Author(s):  
Ann Marie Gray
Keyword(s):  
Human Rights ◽  
Social Care ◽  
Health And Social Care ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
The Impact ◽  
The Relationship

This chapter explores the relationship between human rights and health and social care. It begins by setting out the main international mechanisms, at UN, EU and ECHR levels, and the obligations they place on governments. It then discusses the impact of international and domestic human rights instruments through an examination of developments in social care policy, and with regard to reproductive health care rights in Northern Ireland. It also highlights issues relating to devolution and the implementation of human rights in the UK and in particular the role of the Human Rights Act (1998).

scholarly journals No Further Action: Contextualising Social Care Decisions for Children Victimised in Extra-Familial Settings

Youth Justice ◽  
2019 ◽  
Vol 20 (1-2) ◽  
pp. 79-92 ◽  
Author(s):  
Jenny Lloyd ◽  
Carlene Firmin
Keyword(s):  
At Risk ◽  
Young People ◽  
Child Protection ◽  
Emotional Abuse ◽  
Social Care ◽  
Study Data ◽  
Child Protection Services ◽  
Abuse And Neglect ◽  
Significant Harm ◽  
The Right

England’s child protection system is intended to safeguard young people at risk of significant harm – physical, sexual, emotional abuse and neglect. When young people are physically assaulted, stabbed or groomed into drugs trafficking they experience significant harm. To this extent they are entitled to support from statutory child protection services. Using findings from one component of a mixed method multi-site study, data from referrals and assessments into children’s social care is examined to identify the extent to which the right support and protection is realised. Such analysis indicates that despite being at risk of significant harm, young people abused in community or peer, rather than familial, settings will most likely receive a ‘no further action’ decision from social workers following referrals for support. This article suggests that to a certain extent no further action decisions are aligned to the legal and cultural parameters of social work and child protection practice, thus raising questions about the sufficiency of such for safeguarding young people abused in extra-familial settings.

scholarly journals Health and social care workforce planning and development – an overview

2014 ◽  
Vol 27 (7) ◽  
pp. 562-572 ◽  
Author(s):  
Keith Hurst ◽  
Deirdre Kelley Patterson
Keyword(s):  
Social Care ◽  
Workforce Planning ◽  
Care Staff ◽  
Staff Retention ◽  
Policy And Practice ◽  
Content Type ◽  
The People ◽  
Health And Social Care ◽  
The Right ◽  
Main Barrier

Purpose – The purpose of this paper is to discuss the issues relating to getting the right health and social care staff with the right skills in the right place at the right time and at the right price. Design/methodology/approach – Key points arising from several master-classes with health and social care managers, supported by a literature review, generated remarkable insights into health and social care workforce planning and development (WP&D). Findings – Flawed methods and overwhelming data are major barriers to health and social care WP&D. Inefficient and ineffective WP&D policy and practice, therefore, may lead to inappropriate care teams, which in turn lead to sub-optimal and costly health and social care. Increasing health and social care demand and service re-design, as the population grows and ages, and services move from hospital to community, means that workforce planners face several challenges. Issues that drive and restrain their health and social care WP&D efforts are lucid and compelling, which leave planners in no doubt what is expected if they are to succeed and health and social care is to develop. One main barrier they face is that although WP&D definitions and models in the literature are logical, clear and effective, they are imperfect, so planners do not always have comprehensive tools or data to help them determine the ideal workforce. They face other barriers. First, WP&D can be fragmented and uni-disciplinary when modern health and social care is integrating. Second, recruitment and retention problems can easily stymie planners’ best endeavours because the people that services need (i.e. staff with the right skills), even if they exist, are not evenly distributed throughout the country. Practical implications – This paper underlines triangulated workforce demand and supply methods (described in the paper), which help planners to equalise workloads among disparate groups and isolated practitioners – an important job satisfaction and staff retention issue. Regular and systematic workforce reviews help planners to justify their staffing establishments; it seems vital, therefore, that they have robust methods and supporting data at their fingertips. Originality/value – This paper stock-takes the latest health and social care workforce planning and development issues.

scholarly journals Ensuring a balance of interests in disputes regarding the mandatory vaccination

2021 ◽  
pp. 43-57
Author(s):  
Olena Antoniuk ◽  
Yuliia Pavliuchenko
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Vaccine Safety ◽  
Medical Intervention ◽  
School Education ◽  
Personal Integrity ◽  
Private Interests ◽  
Balance Of Interests ◽  
The Right ◽  
Mandatory Vaccination

The establishment of compulsory preventive vaccinations raises a problem of balance with the right to personal integrity and the need to consent to medical intervention. The severity of this problem is added by the established restrictions on the implementation of individual rights of citizens, for example, the right to preschool and school education. The purpose of this article is to concretize the criteria for assessing the balance of interests in disputes regarding the mandatory vaccination. The study concluded that the provisions of the law on compulsory preventive vaccinations indicate an excess of public interest over private interests of individuals. The analysis of legislative norms on the issuance of a certificate, which is necessary for admission to preschool and school education, is carried out.Based on, conclusions were drawn about its content, the dependence of its issuance on the availability of all mandatory preventive vaccinations, the distribution of duties of a doctor and a healthcare institution lackingall such vaccinations. It is argued that when a court is considering cases, the balance between the private interest of a particular person and the public interest in health protection is assessed through the legality and proportionality of interference with human rights. Based on the analysis of a number of court decisions, it was concluded that the proportionality of the intervention is achieved if the state: a) has given the right to choose a person (including the child's parents) to carry out mandatory preventive vaccinations or not; b) created equal conditions for children to receive, regardless of whether or not they have compulsory vaccination of school education; c) provides guarantees of vaccine safety for mandatory vaccinations. It is substantiated that the balance of interests will also be observed if a person can exercise the right to compensation for harm in court if the preventive vaccination entailed harm to health or was carried out without the consent of the person (legal representative in cases provided for by law), or using a low-quality, inadmissible for use in accordance with the procedure established by law, vaccines. Keywords: medical intervention, the right to personal integrity, compulsory preventive vaccinations, the right to education, proportionality of interference with human rights, balance of interests, criteria for assessing the balance of interests.

scholarly journals The judiciary system and the social care system policy on contractual capacity: Overview of research conducted in the City of Belgrade

2020 ◽  
Vol 59 (88) ◽  
pp. 135-156
Author(s):  
Marta Sjeničić ◽  
Sandra Perić ◽  
Dragana Marčetić
Keyword(s):  
Social Care ◽  
Care Service ◽  
Competent Authority ◽  
Social Model ◽  
Social Care Service ◽  
Starting Point ◽  
The Social ◽  
The Status ◽  
The Right ◽  
The City

Contractual capacity is the starting point for exercising most human rights. It entails the capacity to sign contracts and enter into the legal transactions, and it is a gateway to exercising a range of labour, voting, family, property, succession (etc.) rights envisaged by the law. The full deprivation of contractual capacity leads to the deprivation of most other capacities. Thus, a person is de iure and de facto excluded from societal life. The mechanism for deprivation of contractual capacity exists in both domestic and foreign jurisprudence, as a way of protecting individual rights. The deprivation of contractual capacity in adults is applicable when the competent authority determines one's mental or intellectual impairment. In the past, the prevailing approach to establishing such disability was the medical approach, which is largely the same today, while the social model is seldom applied. The issue of protection of the right to contractual capacity has seldom been comprehensively analyzed, either from the standpoint of social care services or from the standpoint of jurisprudence. Yet, they are both equally relevant in the process of assessing contractual capacity. This paper presents the results of research conducted in social care centers and courts in the territory of the City of Belgrade (Serbia). The research was aimed at establishing whether the status and position of social care service users has improved after introducing the legal mechanism authorizing the courts to assess (within a specific time limit) if there are reasons for continuing the imposed measure of deprivation of contractual capacity, as well as to analyze the major reasons for initiating the legal action for reassessment of contractual capacity.

scholarly journals GOING GENTLY INTO THAT GOOD NIGHT: THE CONSTITUTIONALITY OF CONSENT IN CASES OF EUTHANASIA

Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Samantha Krause
Keyword(s):  
South African ◽  
Personal Autonomy ◽  
Shared Responsibility ◽  
The Right To Privacy ◽  
Mercy Killing ◽  
South African Constitution ◽  
The Right ◽  
Loss Of Dignity ◽  
State Interference ◽  
Right To Dignity

Although consent is a justification ground in South African law, its applicability to cases of euthanasia has been the subject of controversy. It is submitted that relying on the distinction between omission and commission, or causation or intent will not prove useful in justifying mercy killing. In terms of the South African Constitution (and various human rights guaranteed therein), there may be compelling arguments for legalizing euthanasia. For instance, section 10 of the Constitution guarantees the right to dignity. A lack of control over your destiny essentially involves a loss of dignity. Further, the right to dignity and the qualified right to personal autonomy inform section 14: the right to privacy. This right holds that an individual can make certain fundamental private choices without state interference. Surely this would extend to how to end one’s life? This article advocates that a rights-based approach be used to inform the doctrine of consent. This would entail taking the victim’s shared responsibility into account thereby reducing the perpetrator’s fault.

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