scholarly journals Neonatal Circumcision: Public Health Necessity or Ethical Dilemma? – Systematic Review

2021 ◽  
Author(s):  
Brian J. Morris ◽  
Beth Rivin ◽  
John N. Krieger
Keyword(s):  
Public Health ◽  
Systematic Review ◽  
Health Benefits ◽  
Developed Countries ◽  
Legal Aspects ◽  
Best Interests ◽  
Health And Human Rights ◽  
Rights Of The Child ◽  
Legal Arguments ◽  
The Right

Abstract Male circumcision (MC) is common in many countries. Despite clear health benefits, ethical arguments have been invoked opposing MC, especially when performed neonatally (NMC). NMC is when most MCs are performed in developed countries. Here we provide the first PRISMA-compliant systematic review of the disparate evidence of ethical and legal arguments concerning NMC and MC of older boys. Searches were performed of PubMed, Embase and Scopus for publications relevant to ethical and legal aspects of MC in developed Anglophone and European countries. This led to retrieval of 48 articles meeting the inclusion criteria. A further 18 articles and 16 Internet publications were identified from searches of bibliographies of articles retrieved. Two more were supplied by a legal academic colleague. In total 84 publications were reviewed. The literature revealed arguments by some that parent-approved MC of a nonconsenting child is unethical. But parental consent also applies to vaccination and all other medical therapies in children. Strong data support a conclusion that: (1) NMC is low risk, (2) NMC provides immediate and lifetime medical and health benefits, and (3) NMC has no adverse effect on sexual function and pleasure. The United Nations Convention on the Rights of the Child articulates the right to health and focuses on the best interests of the child as its guiding principle. Discouraging or denying MC to neonates is arguably unethical, given the overwhelming health benefits. Legal scholars regard case-law as supporting the legality of NMC. Ethical and legal arguments support the rights of males of all ages to lifetime protection against infection and diseases caused by lack of MC. Arguments opposing NMC generally involve distortion of the medical evidence, poorly designed studies and opinions. Opposition to NMC goes against the principles of evidence-based medicine used in reviews conducted to develop pediatric policies in support of optimum public health, sexual health, mental health, and human rights.

scholarly journals Access and the non-custodial parent in the Republic of Ireland

2020 ◽  
Vol 62 (2) ◽  
pp. 199-215
Author(s):  
Anne Egan
Keyword(s):  
Best Interests ◽  
Family Court ◽  
Rights Of The Child ◽  
Parents And Children ◽  
Custodial Parent ◽  
Bona Fide ◽  
United Nations Convention ◽  
The Republic ◽  
Custodial Parents ◽  
The Right

Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

Art.7 Children with Disabilities

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Children With Disabilities ◽  
Best Interests ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
General Welfare ◽  
Survival And Development ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.

scholarly journals Exercise time cues (zeitgebers) for human circadian systems can foster health and improve performance: a systematic review

2018 ◽  
Vol 4 (1) ◽  
pp. e000443 ◽  
Author(s):  
Philip Lewis ◽  
Horst W Korf ◽  
Liz Kuffer ◽  
J Valérie Groß ◽  
Thomas C Erren
Keyword(s):  
Public Health ◽  
Systematic Review ◽  
Circadian System ◽  
Eligibility Criteria ◽  
Pubmed Database ◽  
Preventative Strategy ◽  
Effects On Children ◽  
And Performance ◽  
The Individual ◽  
The Right

BackgroundCircadian system time cues (zeitgebers) acting synergistically at the right times can foster chronobiological homeostasis and ultimately health. Modern 24/7 societies are challenging chronobiological homeostasis and public health. Exercise has been discussed as a potential zeitgeber for the human circadian system. Thus, if timed correctly, exercise may help in maintenance of chronobiological homeostasis and foster public health amidst increasingly challenging 24/7 lifestyles.ObjectiveTo test, using a systematic review of the literature, the following hypothesis: exercise is a zeitgeber for the human circadian system.Data sourcesThe PubMed database was systematically searched on 19 October 2017 for relevant scientific studies and reports concerning chronobiology and exercise. Eligibility criteria were defined to include articles considering exercise as a potential zeitgeber for human circadian rhythmicity or chronobiological effects of exercise on health and/or physical performance. Cognitive effects and effects on children were excluded from the synthesis.ResultsOur systematic literature search and synthesis is compatible with the validity of the hypothesis. We report that potential exercise-zeitgeber properties may be used to improve health and performance.ConclusionsInformed timing of exercise, specific to the circadian rhythm phase and zeitgeber exposure of the individual, must be advocated in performance and disease contexts as an adjunct therapeutic or preventative strategy and physical enhancer.

scholarly journals Mothers and others: Transgender birth, birth registration and the rights of the child, with a focus on the United Kingdom and South Africa

2020 ◽  
Vol 20 (4) ◽  
pp. 203-223
Author(s):  
Julia SlothNielsen ◽  
Rachel SlothNielsen
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Gender Identity ◽  
Birth Certificate ◽  
Best Interests ◽  
Birth Registration ◽  
The United Kingdom ◽  
Rights Of The Child ◽  
Legal Situation ◽  
The Right

The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom is compared, and particular focus is placed on the meaning of ‘mother’. A second issue for discussion relates to the right of the child born to a trans person to birth registration, notably, what the child’s interests are in relation to his or her parent’s identification details on his or her birth certificate. We conclude that the gender identity of the trans parent must be the primary factor determining his or her registration as a parent on the birth certificate, and that this solution also better serves the child’s best interests.

scholarly journals Engaging with the water sector for public health benefits: waterborne pathogens and diseases in developed countries

2010 ◽  
Vol 88 (11) ◽  
pp. 873-875 ◽  
Author(s):  
Jonathan W Bridge ◽  
David M Oliver ◽  
David Chadwick ◽  
H Charles J Godfray ◽  
A Louise Heathwaite ◽  
...  
Keyword(s):  
Public Health ◽  
Health Benefits ◽  
Developed Countries ◽  
Waterborne Pathogens ◽  
Water Sector

scholarly journals The best interests of the child in international law: conceptual framework

Legal Ukraine ◽  
2020 ◽  
pp. 14-23
Author(s):  
Vasyl Datsenko
Keyword(s):  
International Law ◽  
Fundamental Principle ◽  
Best Interests ◽  
Systematic Analysis ◽  
Rights Of The Child ◽  
Legal Principle ◽  
International Legal Order ◽  
The Law ◽  
The Individual ◽  
The Right

On today’s international law, there is a broad consensus on the idea of ​​those who want to talk about all the children and the importance of guilty mother’s interests. Buti and the court at the right are guilty of the arrest of nikrashchikh іnterestіv ditini. Vrakhovuchi is the issue of clear legislative regulation of the law and practice of legal practice of securing terminology of the interest of children, the author has analyzed the law of international law. At the statutory international legal order, there is a need for ECHRL, in some ways there is a lack of food for the protection of interested children in case of a viable dispute about it. Analyzed the keys to the position of the court regarding disputes regarding the child’s privacy Order No. 14 (2013) of the United Nations Committee on the Rights of the Child «On the right of a child to receive respect for the rest of the world». Вased on a systematic analysis of the provisions of General Comment No. 14, the author identified two blocks of key positions that the court must adhere to when resolving a child dispute to ensure its best interests: 1) basic positions; 2) the procedure for assessing and determining the best interests of the child. The Committee underlines that the child’s best interests is a threefold concept: a substantive right; A fundamental, interpretative legal principle; A rule of procedure. Another main point is the idea of how to apply it to each child individually. One more fundamental principle of the application of the Convention is that the State has no discretion to determine whether to prioritize the best interests of the child and give them due weight in any action. When assessing and determining the best interests of the child in order to make a decision on a specific measure, the following steps should be followed: (a) First, within the specific factual context of the case, find out what are the relevant elements in a best-interests assessment, give them concrete content, and assign a weight to each in relation to one another; (b) Secondly, to do so, follow a procedure that ensures legal guarantees and proper application of the right. As a result of this scientific research, the author has come to the conclusion that providing the best interests of the child are not universal. It must be obtained by the court as a result of identifying and assessing the individual needs of the child, taking into account the specifics of the subject matter of the case being considered by the court. If the court correctly identified and assessed such needs, followed certain legal guarantees, then the decision taken as a result of the case should be considered to be made in the best interests of the child. Key words: concept of the best interests of the child, family law relations, evaluation and determination of the best interests of the child, legal guarantees.

scholarly journals THE RIGHT EDUCATION IN THE BEST INTERESTS OF THE CHILD

2022 ◽  
pp. 114-117
Author(s):  
V. Dorina
Keyword(s):  
Social Status ◽  
Gender Inequality ◽  
Ethnic Origin ◽  
Best Interests ◽  
Educational Services ◽  
Best Interest ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Right

The article is devoted to ensuring the best interest of the child and his right to education. Attention is paid to the problems associated with the implementation of this right by various groups of children, depending on their social status and ethnic origin. The author draws attention to the implementation of the law under study in the context of the COVID-19 pandemic, which has exacerbated the problems of gender inequality, the quality of educational services, as well as access to them. The need for certain actions on the part of the state is indicated, in particular, making changes to the curricula to bring them in line with the recommendations of the UN Committee on the Rights of the Child in order to realize the right to education of the child from the standpoint of ensuring the best interest.

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