scholarly journals Prawo pacjenta małoletniego do informacji medycznej

2017 ◽  
Vol 109 ◽  
pp. 215-224
Author(s):  
Jolanta Pacian
Keyword(s):  
Medical Treatment ◽  
Medical Information ◽  
Constitutional Rights ◽  
Legal Regulations ◽  
Results Of Treatment ◽  
Patient’S Rights ◽  
The Right ◽  
To Receive ◽  
Juvenile Patient ◽  
Health Diagnosis

THE RIGHT OF A JUVENILE PATIENT TO MEDICAL INFORMATIONFirst of all, the right of a juvenile patient to medical information belongs to constitutional rights because it is derived from Article 30 of the Polish Constitution which refers to the inherent and inalienable dignity of a person and a citizen. Pursuant to Article 9 of the Act of 06.11.2008 on Patient’s Rights and the Ombudsman for Patient’s Rights, a patient is entitled to information about his or her health. Furthermore, a patient, including a juvenile one who is at least 16 years old, or his/her statutory representative have a right to receive from a doctor comprehensible information about the patient’s health, diagnosis, suggested and possible diagnostic and treatment methods, predictable consequences of their use or abandonment, results of treatment and prognosis. The binding legal regulations are aimed at ensuring proper communication between a doctor and a patient, which is obviously indispensable for correct progress of medical treatment.

Health Care System Structure in the State of Israel

2019 ◽  
Vol 88 (1) ◽  
pp. 39-46
Author(s):  
Mohammad Yasser Sabbah
Keyword(s):  
Health Care ◽  
Medical Treatment ◽  
Health System ◽  
Health Care System ◽  
The State ◽  
The Public ◽  
The Right ◽  
To Receive ◽  
State Of Israel ◽  
Care System

The health care system in the State of Israel consists of two sectors - the public sector, which includes government-owned hospitals and medical institutes. The public health sector includes the community health system, health funds, family medicine, the general care system and the mental health care system. The second sector is the private sector, which includes private hospitals and medical institutes. Both sectors are supervised by the Israeli Ministry of Health, which is the supreme governmental authority through which it implements its policy in the entire health system in Israel. The law provides and guarantees medical insurance for every resident of Israel, the right to receive medical treatment, the prohibition of discrimination, informed consent to medical treatment, the right to receive an additional medical opinion, the dignity and privacy of the patient and the right to attend. Health funds in Israel were established before the State of Israel was established. The ideological concept of the health funds was based on the principle of equality and mutual assistance.

scholarly journals ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION

Medicne pravo ◽  
2021 ◽  
pp. 57-70
Author(s):  
G. A. Myronova
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Medical Intervention ◽  
Legal Nature ◽  
Civil Remedies ◽  
Additional Protection ◽  
The Status ◽  
Human Autonomy ◽  
The Right ◽  
To Receive

The article examines the legal nature of human rights in the field of health care. It has been substantiated that certain personal inalienable rights of an adult able-bodied patient are derived from the constitutional absolute human rights. These include the right to consent to medical intervention, the right to refuse medical intervention and the right to receive medical information about oneself. The status of law as an absolute constitutional presupposes certain objective differences in the exercise of this right by a person and in the mechanism of intervention of the state and other participants in relations in its exercise. Therefore, the enshrinement of constitutional human rights in special legislation should pursue the goal of providing additional protection of these rights and additional mechanisms for their implementation. In particular, the inclusion of constitutional human rights in civil law should provide additional legal safeguards for respect for the dignity and inviolability of the person in civil relations and additional civil remedies for the exercise of human autonomy in the field of medicine. The author proposes some civil remedies for the patient to exercise their absolute rights.

scholarly journals Comparative study of crimes of deliberate non-payment of wages in the Criminal Codes of China and Russia

2021 ◽  
pp. 159-162
Author(s):  
Kai Xu
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
People's Republic Of China ◽  
Employment Contract ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
To Receive

The phenomenon of malicious non-payment of wages is widespread in all countries of the world, maybe it is especially serious in China, it has attracted a lot of attention from the Party (CPC) and the Chinese government. Under conditions when the solution of this issue through civil and administrative methods is not very effective, the Chinese legislative bodies, under the leadership of offi cials, fi nally decided to use the intimidating power of criminal punishment to solve this problem, which has tormented the government for many years.Article 41 “Amendments to the Criminal Code (8) of the People’s Republic of China” states: After article 276 of the Criminal Law, an article is added as one of the articles 276: Evasion of payment of wages to workers by transferring property, escape, etc. Or those who are able to pay, but do not pay wages to employees in the case when the amount is relatively large, and the relevant government departments order the payment of wages, but still cannot pay, are punished with imprisonment for up to 3 years or arrest, and additionally or as an independent punishment — a fi ne; Persons who have committed the same violations that have entailed serious consequences are punished with imprisonment for a term of 3 to 7 years and additionally with a fi ne. If the crime mentioned in the fi rst part of this article was committed by an organization, a fi ne is applied to the organization, and the directly responsible heads of the organization and other directly responsible persons are punished in accordance with the fi rst part of this article. The acts provided for in the fi rst and second parts of this article, which did not entail serious consequences, in which the employee’s salary for work is paid before the charge is brought and appropriate compensation is accepted in accordance with the law, then the punishment may be commuted or released. Article 276 of the Criminal Code provides for the crime of causing harm to production and economy, which belongs to this chapter crime against property (Chapter 5 of the special part of the Criminal Code). Therefore, the crime of malicious non-payment of wages is a crime against the property of citizens (employees).Due to the fact that the Chinese Constitution does not provide that citizens have the right to receive remuneration, only the Labor Legislation states: that Workers have the right to equal employment and choice of profession, the right to receive wages for work ... In view of this, that from the point of view of legal relations, based on both the Labor Law and the Law on the Employment Contract, the effect of non-payment of wages only occurred between the employee and the employer. According to the employment contract, disputes arising when, after the employee has fulfi lled the contract, but the employer does not pay him wages in accordance with the contract.The Criminal Code of the Russian Federation provides for crimes of non-payment of wages, pensions, scholarships, allowances and other necessary payments in chapter 19 “crimes against the constitutional rights and freedoms of man and citizen” of section VII “Crimes against the person”. Bringing together the above, the rights to pay for work, receive state pensions and social benefi ts, etc., protected by the Criminal Code of the Russian Federation, are constitutional rights. And also, they are specifi ed in Article 2 of the Constitution of the Russian Federation a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state, specifi ed in the Criminal Code of the Russian Federation.In China, when criminalizing the action of non-payment of wages, the most fundamental issue that needs to be resolved is to have a basis of justice, that is, to introduce "income from labor" into the Constitution of the People’s Republic of China, which provides for the basic rights of a citizen. At the same time, it is necessary to amend the chapter related to “crimes against the rights of the individual and the democratic rights of citizens in the Criminal Code,” and to amend the “crime against constitutional rights,” as well as the chapter includes “crimes of non-payment of wages, scholarships, pensions and benefi ts”, but should not be included in chapter 5 “crime against property”.As a result, a comparison of the criminal code between the two countries China and Russia on the crime of malicious non-payment of wages shows that there are contradictions and problems in Chinese legislation, and the political signifi cance of the legislation far exceeds the legal signifi cance, which will directly affect its application in judicial practice.

scholarly journals Конституционные Права Работников На Правовую Защиту И Определенность (Constitutional Rights of Workers in Obtaining Protection and Legal Certainty)

2020 ◽  
Vol 7 (9) ◽  
pp. 843-854
Author(s):  
Nur Rohim Yunus ◽  
Annissa Rezki ◽  
RR Dewi Anggraeni
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Legal Protection ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Legal Foundation ◽  
Qualitative Research Methodology ◽  
The Republic ◽  
The Right ◽  
To Receive

Abstract:There are so many conflicts between companies and workers, and these conflicts often end up in court. At certain moments workers are declared winners and the company is obliged to pay the right to obligations as a provider of labor. Workers hope to receive all rights and be protected by law which can overshadow and protect the existence of workers, both individually and as a group. This research uses descriptive qualitative research methodology and refers to the 1945 Constitution of the Republic of Indonesia as the main legal foundation and other laws and regulations.Keywords: Legal Protection, Constitutional Rights, Workers' Rights Аннотация:Существует много конфликтов между компаниями и работниками, и эти конфликты часто заканчиваются в суде. Бывают случаи, когда работники объявляются победителями, и компания обязана оплачивать права по обязательствам как работодатель. Рабочие надеются получить все свои права и быть защищены законом как индивидуально, так и в составе группы. В этом исследовании используется описательно-качественная методология исследования и упоминается Конституция Индонезии 1945 года в качестве основного правового закона и другие законодательные акты, представленные ниже.Ключевые слова: Правовая защита, Конституционные права, Права работников

DMSA-scintigraphy in paediatrics: Is the evaluation of the geometric mean necessary for the calculation of the differential renal function?

2001 ◽  
Vol 40 (04) ◽  
pp. 107-110 ◽  
Author(s):  
B. Roßmüller ◽  
S. Alalp ◽  
S. Fischer ◽  
S. Dresel ◽  
K. Hahn ◽  
...  
Keyword(s):  
Renal Function ◽  
Geometric Mean ◽  
Region Of Interest ◽  
Posterior View ◽  
Renal Abnormality ◽  
Anterior View ◽  
Differential Renal Function ◽  
The Mean ◽  
The Right ◽  
To Receive

SummaryFor assessment of differential renal function (PF) by means of static renal scintigraphy with Tc-99m-dimer-captosuccinic acid (DMSA) the calculation of the geometric mean of counts from the anterior and posterior view is recommended. Aim of this retrospective study was to find out, if the anterior view is necessary to receive an accurate differential renal function by calculating the geometric mean compared to calculating PF using the counts of the posterior view only. Methods: 164 DMSA-scans of 151 children (86 f, 65 m) aged 16 d to 16 a (4.7 ± 3.9 a) were reviewed. The scans were performed using a dual head gamma camera (Picker Prism 2000 XP, low energy ultra high resolution collimator, matrix 256 x 256,300 kcts/view, Zoom: 1.6-2.0). Background corrected values from both kidneys anterior and posterior were obtained. Using region of interest technique PF was calculated using the counts of the dorsal view and compared with the calculated geometric mean [SQR(Ctsdors x Ctsventr]. Results: The differential function of the right kidney was significantly less when compared to the calculation of the geometric mean (p<0.01). The mean difference between the PFgeom and the PFdors was 1.5 ± 1.4%. A difference > 5% (5.0-9.5%) was obtained in only 6/164 scans (3.7%). Three of 6 patients presented with an underestimated PFdors due to dystopic kidneys on the left side in 2 patients and on the right side in one patient. The other 3 patients with a difference >5% did not show any renal abnormality. Conclusion: The calculation of the PF from the posterior view only will give an underestimated value of the right kidney compared to the calculation of the geometric mean. This effect is not relevant for the calculation of the differntial renal function in orthotopic kidneys, so that in these cases the anterior view is not necesssary. However, geometric mean calculation to obtain reliable values for differential renal function should be applied in cases with an obvious anatomical abnormality.

The Role of Nurses in the Implementation of Patient Safety and Protection of Patient Rights at the Rahayu Yakkum Purwodadi Hospital

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto
Keyword(s):  
Health Care ◽  
Patient Safety ◽  
Codes Of Conduct ◽  
Rights Protection ◽  
Patient’S Rights ◽  
Nurses Role ◽  
The Republic ◽  
The Right ◽  
Service Standards

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.

The Case for Muslim Constitutional Interpretive Activity

1990 ◽  
Vol 7 (1) ◽  
pp. 69-75
Author(s):  
Kathleen Moore
Keyword(s):  
African American ◽  
Substantial Contribution ◽  
Constitutional Rights ◽  
Religious Groups ◽  
Racial Hatred ◽  
Special Diet ◽  
Court Record ◽  
Religious Associations ◽  
Islamic Faith ◽  
The Right

Muslim Involvement: The Court Record 1.Prisoners' RightsCan we rely upon the courts to protect Islam and Muslims from discriminatory treatment? Have the courts considered Islam to be a 'religion' worthy of constitutional protection? The issue of First Amendment protection of Muslim beliefs and practices has arisen most often in cases brought by African-American Muslims who are incarcerated. In fact, the area of law to which Muslims have made their most substantial contribution to date is the area of prisoners' rights litigation. African-American Muslim inmates have been responsible for establishing prisoners' constitutional rights to worship. Cases brought by Muslims have established that prisoners have the right to assemble for religious services; to consult a cleric of their faith; to possess religious publications and to subscribe to religious literature; to wear unobstrusive religious symbols such as medallions; to have prepared a special diet required by their religion; and to correspond with their spiritual leaders. The court record demonstrates that Muslim inmates' religious liberty claims, challenging prison regulations that impinge on the free exercise of the Islamic faith, have been accepted only under certain circumstances. In brief, the responsiveness of the courts to Muslim inmates' claims has turned on a number of factors including: (1) the issue of equality of treatment of all religious groups in prison; (2) the courts' reticence to reverse the decisions of prison officials; (3) the degree to which the inmates' challenges would undermine the fundamental interests of the state (e.g. in prison security and administrative efficiency); and (4) the showing that Islam is parallel in significant ways to the conventional Protestant, Catholic, and Jewish faiths.Constitutional protection of Islamic practices in prison and elsewhere, however, has not been automatic. Many Muslim organizations, the Nation of Islam in particular, have been treated as cults, or suspect and dangerous groups, due in part to the perception that Muslims teach racial hatred, and have not been regarded in the same respect as 'mainline' religious groups. It has been argued before the courts that Muslim doctrine contains political aspirations and economic goals as well as racial prejudice and should be suppressed in the interest of society. The gist of this argument is that certain Muslim groups are primarily political and not religious associations and thus ...

PROBLEM ASPECTS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL NORMS OF PROTECTION OF THE VICTIMS FROM CRIME

2020 ◽  
pp. 72-76
Author(s):  
Яна Валерьевна Самиулина
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
To Receive ◽  
Selection Of

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».

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