scholarly journals Perkawinan Siri Tenaga Kerja Indonesia dan Dampaknya (Studi Kasus di Kabupaten Pamekasan)

2021 ◽  
Vol 3 (2) ◽  
pp. 125-142
Author(s):  
Theadora Rahmawati ◽  
M. Makhrus Fauzi
Keyword(s):  
Civil Rights ◽  
Birth Certificate ◽  
Legal Protection ◽  
Foreign Nationals ◽  
The Impact

Tulisan ini menganalisa dampak perkawinan siri dari segi keadilan terhadap istri dan anak-anak, serta perlindungan hukumnya yang dilakukan oleh TKI Pamekasan, baik dengan sesama Warga Negara Indonesia ataupun dengan Warga Negara Asing. Dampak terhadap anak yaitu terjadinya diskriminasi baik dari lingkungan maupun keluarganya sendiri; anak tidak mendapatkan hak-hak sipilnya (akta lahir); sulit untuk menyatakan pendapatnya; sulit untuk melangsungkan kehidupan serta pendidikannya. (This paper analyzes the impact of unregistered marriages in terms of justice for their wives and children, as well as the legal protection carried out by Pamekasan TKI, both with fellow Indonesian citizens or with foreign nationals. The impact on children is the occurrence of discrimination both from the environment and their own families; the child does not get his civil rights (birth certificate); it is difficult to express his opinion; difficult to carry on life and education.)

The Reproductive State

2018 ◽  
Author(s):  
Anindita Majumdar
Keyword(s):  
Birth Certificate ◽  
Parallel Process ◽  
Reproductive State ◽  
Surrogate Mother ◽  
Foreign Nationals ◽  
Dna Test ◽  
Commercial Surrogacy ◽  
International Laws

The birth of the child in transnational commercial surrogacy leads to a protracted process of staking claim. In this chapter, the focus is especially on the national and international laws that are invoked by foreign parents and foreign consulates to grant citizenship to the newborn. The applications for citizenship from their home countries, and the exit visa from India lead to many processes of bureaucratic verification and authentication of the genetic tie between the child and the intended parent(s) and the surrogate mother. Seeking identity here are both the new parents and the newborn. Through the birth certificate and the DNA test paternity is identified, while a parallel process seeks to ascertain maternity through the surrogate mother—who incidentally has rejected her tie to the newborn as part of the contractual requirements! Through the narratives of three foreign nationals navigating the citizenship process—international laws regarding surrogacy, kinship and citizens are analysed.

scholarly journals Physicians’ decreased tendency to choose palliative care for patients with advanced dementia between 1999 and 2015

2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Saila Haapasalmi ◽  
Reetta P. Piili ◽  
Riina Metsänoja ◽  
Pirkko-Liisa I. Kellokumpu-Lehtinen ◽  
Juho T. Lehto
Keyword(s):  
Decision Making ◽  
Palliative Care ◽  
Legal Protection ◽  
Postal Survey ◽  
Advanced Dementia ◽  
Background Factors ◽  
Physician Decision Making ◽  
Care Approach ◽  
Life Threatening ◽  
The Impact

Abstract Background Physicians’ decision-making for seriously ill patients with advanced dementia is of high importance, especially as the prevalence of dementia is rising rapidly, and includes many challenging ethical, medical and juridical aspects. We assessed the change in this decision-making over 16 years (from 1999 to 2015) and several background factors influencing physicians’ decision. Methods A postal survey including a hypothetical patient-scenario representing a patient with an advanced dementia and a life-threatening gastrointestinal bleeding was sent to 1182 and 1258 Finnish physicians in 1999 and 2015, respectively. The target groups were general practitioners (GPs), surgeons, internists and oncologists. The respondents were asked to choose between several life-prolonging and palliative care approaches. The influence of physicians’ background factors and attitudes on their decision were assessed. Results The response rate was 56%. A palliative care approach was chosen by 57 and 50% of the physicians in 1999 and 2015, respectively (p = 0.01). This change was statistically significant among GPs (50 vs 40%, p = 0.018) and oncologists (77 vs 56%, p = 0.011). GPs chose a palliative care approach less often than other responders in both years (50 vs. 63% in 1999 and 40 vs. 56% in 2015, p < 0.001). In logistic regression analysis, responding in 2015 and being a GP remained explanatory factors for a lower tendency to choose palliative care. The impact of family’s benefit on the decision-making decreased, whereas the influence of the patient’s benefit and ethical values as well as the patient’s or physician’s legal protection increased from 1999 to 2015. Conclusions Physicians chose a palliative care approach for a patient with advanced dementia and life-threatening bleeding less often in 2015 than in 1999. Specialty, attitudes and other background factors influenced significantly physician decision-making. Education on the identification and palliative care of the patients with late-stage dementia are needed to make these decisions more consistent.

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

“The Magna Carta to Liberate Our Cities”

2021 ◽  
Vol 90 (3) ◽  
pp. 377-398
Author(s):  
Casey D. Nichols
Keyword(s):  
Los Angeles ◽  
Civil Rights ◽  
Mexican American ◽  
Chicano Movement ◽  
Government Officials ◽  
Model Cities ◽  
Lyndon Johnson ◽  
Local Residents ◽  
The Impact ◽  
The U.S

Starting in 1964, the U.S. federal government under President Lyndon Johnson passed an ambitious reform program that included social security, urban renewal, anti-poverty initiatives, and civil rights legislation. In cities like Los Angeles, these reforms fueled urban revitalization efforts in communities affected by economic decline. These reforms closed the gap between local residents and government officials in California and even subsequently brought the city’s African American and Mexican American population into greater political proximity. Looking closely at the impact of the Chicano Movement on the Model Cities Program, a federal initiative designed specifically for urban development and renewal, this article brings the role of U.S. government policy in shaping social justice priorities in Los Angeles, and the U.S. Southwest more broadly, into sharper view.

scholarly journals DAMPAK NIKAH SIRI TERHADAP ISTERI DAN ANAK

2009 ◽  
pp. 156
Author(s):  
Farida Prihatini
Keyword(s):  
Legal Protection ◽  
Employment Contracts ◽  
Legal Relationship ◽  
The Impact ◽  
Legal Force

AbstrakThis article gives enlightenment conecerning nikah siri (unregisteredmarriage), in Indonesia. The purpose of this nikah siri is a marriageconducted in accordance with the provisions of religious harmony and fulfillthe requirements of marriage as prospective bridegroom and women,guardians, consent granted, witnesses and consent of both prospective brideand the dowry, but not executed before the Marriage registration office. Sirimarriage is usually performed before the local (moslem) clergy. Nikah sirireasons this done many things, among others, to avoid fornication, stillbound by employment contracts that prohibit she was married to a specifiedperiod or to be polygamous because they do not obtain consent from his wifeor his wives, and can also be due to lack offees to pay marriage registrationfees. This siri marriage because marriage is not done then the recording hasno legal force, because no country legally valid marriage even be consideredthis never happened. The impact of this siri marriage are felt on the wife andchildren. Both the wife and children have no legal relationship with herhusband/father. So the wife does not have rights that should be owned by thewife of a valid marriage. So also with the child, the child status is not lawfulbecause the child is born not from a legitimate marriage, and children havehad only a civil relationship with his mother, as a result he/she can notobtain the rights that they should get if he/she was born of a valid marriageaccording to both valid under islamic and country law. Based on thosereasons the author conclude that siri marriage is very harmful and does notprovide legal protection to the wife and children.

scholarly journals Electronic Clinical Records for Physiotherapists

2006 ◽  
Author(s):  
Christine Barry ◽  
Mark Jones ◽  
Karen Grimmer
Keyword(s):  
Legal Protection ◽  
Data Retrieval ◽  
Electronic Record ◽  
Electronic System ◽  
Electronic Records ◽  
Clinical Report ◽  
Record System ◽  
Clinical Records ◽  
The Impact ◽  
Electronic Record System

Purpose: This pilot study compared traditional (paper-based) and electronic (computerized) clinical physiotherapy records. The content of the records and the software’s user acceptability were considered. Methods: A neuro-musculoskeletal patient scenario involving two encounters (initial and follow-up) was scripted and role-played to each of three experienced physiotherapists (A, B and C). Participants assessed the patient and made traditional clinical records. After basic training in an electronic record system, they repeated the assessments and made electronic records via a laptop computer. Three experienced physiotherapists (A, D and E) each used their usual method to write a clinical report and an electronic record to write a report with the aid of the software’s report tool. The two participants who wrote reports but did not assess the patient (D and E) received a brief software demonstration just prior to writing the electronic record report. The electronic and traditional clinical records and reports were compared regarding their content and completion time. Participants recorded their expectations and experience of learning and using the electronic record system via questionnaires. Results: Participants expressed initial apprehension regarding an unfamiliar documentation system, but generally found the electronic system easy to learn and use. Some would have preferred additional customization options. All traditional records contained pages that lacked patient identification details. The electronic records contained more details related to symptoms, social circumstances and physical examination findings. The participants used more time for assessment and recording the initial examination when using the electronic system. Participants reported easier data retrieval from the computerized records than from the traditional records. Conclusions:The electronic clinical record system may prompt more complete recording and facilitate better patient record identification. These effects have implications for patient care, communication between providers and clinicians’ medico-legal protection. Further research is needed to determine the system’s efficiency and to clarify the impact of other characteristics of electronic record systems for physiotherapists.

scholarly journals Patterson v. McLean: A Confirmation of the New Right at the U.S. Supreme Court

2005 ◽  
Vol 30 (4) ◽  
pp. 987-1009
Author(s):  
George M. Sullivan
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
National Elections ◽  
Presidential Appointments ◽  
The Supreme Court ◽  
The Impact ◽  
The U.S

In two consecutive national elections a conservative, Ronald Reagan, was elected President of the United States. When Justice Lewis Powell announced his retirement during the late months of the Reagan administration, it was apparent that the President's last appointment could shift the ideology of the Court to conservatism for the first time since the presidency of Dwight Eisenhower. President Reagan's prior appointments, Sandra Day O'Connor and Antonin Scalia, had joined William Rehnquist, an appointee of President Nixon and Bryon White, an appointee of President Kennedy to comprise a vociferous minority of four in many instances, especially cases involving civil rights. The unexpected opportunity for the appointment of a conservative jurist caused great anxiety in the media and in the U.S. Senate, the later having confirmation power over presidential appointments to the Supreme Court. This article examines the consequences of the Senate's confirmation of Justice Anthony Kennedy to the Supreme Court. The impact, which was immediate and dramatic, indicates that conservative ideology will predominate on major civil rights issues for the remainder of this century.

scholarly journals Theoretical reflection on the impact of globalization processes on civil rights

2015 ◽  
Vol 16 (SE) ◽  
pp. 309-326
Author(s):  
Ehsan Madmalil ◽  
Fereydoun Akbarzadeh
Keyword(s):  
Political Philosophy ◽  
Civil Rights ◽  
Western Europe ◽  
Modern Human ◽  
Modern Theory ◽  
Political Rights ◽  
Theoretical Terms ◽  
Contemporary World ◽  
The Right ◽  
The Impact

The concept of citizenship is one of the old key concepts in political philosophy that has been reproduced in various forms since the formation of classical political philosophy up to modern times within the theory set forth in this type of theoretical philosophy. So, pre-modern theory, modern theory and postmodern theory can be noted. The concept of citizenship is an idea which governs the right of modern human and was emerged in the Western Europe and is a product of modern politics. Accepting Legal and political rights and duties is raised by citizenship status, its main foundation and the basic idea of the concept. In the contemporary world, citizenship has been interested more than other societies. The question that comes to mind here is that how is the situation of civil rights in the era of theoretical terms in globalization? In response to the question hypothesis is that with globalization, citizenship in its modern form that was enclosed in the geography of the national government has lost its sense and civil rights embodied in the discourses that are outside the reach of state law. This study aimed to investigate the impact of globalization on the civil right and conceptual evolution theoretically, as contemporary theorists have theorized it. Research findings indicate the "global citizenship" as a concept is emerging in the era of globalization as the result of rethinking of citizenship in the modern age. The methodology of study is analysis - descriptive, this means that the concept of civil right is described and then the theoretical changes in the era of globalization will be analyzed.

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