scholarly journals 病人自主決定與醫療行善

Author(s):  
Hong CUI

LANGUAGE NOTE | Document text in Chinese; abstract also in English.通過對“喉梗阻”患兒案例的分析和感受,本文試圖分別從醫生、患者和哲學研究者的角度進行較客觀的思考。從醫生的角皮看:“自主決定”和醫療行善存在矛盾,削弱了醫生的“自主”決定,醫生的角色是單純的醫療技術掌握者還是用此技術全心全意為病人服務的行善者?從患者的角度看:患者是否都有“自主決定”的能力?若醫生只是單純的醫療技術的掌握者,與患者無情感的溝通,患者在醫院是否有心理上的安全感?從思考者的角度看:在前面論述的基礎上,提出了“善”是相對的,“自主”是適度的,任何絕對的病人自主和醫生自主都行不通。總之,醫療行善,不能拘泥於某一形式。It is important to respect for patients' rights. The patient should be informed of medical interference and the physician must obtain the patient's consent to perform serious treatment. This is a sense of patients' self-determination in contemporary medical practice. This paper argues that, granted its importance, patients' self-determination should not be given unique emphasis independent of physicians' medical beneficence.The paper considers this issue from both Chinese physicians' and patients' perspectives. First, from the physician's perspective, the role of the physician as a professional ought not to be overlooked. Should the physician play a role no more than that of an ordinary salesman by displaying everything for the customer to choose? Traditionally Chinese medicine has always insisted that the physician should do more than. Having studied both human and technical values, the physician should play an active function to help the patient make the right decision. He should not passively follow whatever the patient chooses on the excuse of respecting for the patient's self-determination.Instead, being physician, he is naturally determined to do medical beneficence toward the patient. Of course, there may be fundamental value conflicts between the patient and the physician. For instance, they may believe in different religions. This difference may sometimes lead the patient to want or refuse something that the physician takes to be against the patient's interest. In such cases the physician and patient may best respect each other's fundamental values. However, most medical cases are unlike this. They don't involve any fundamental value conflict. The physician should do his best to persuade the patient to make the right decision, rather than passively to accept whatever the patients chooses.Moreover, Chinese patients' perspective also supports physicians' beneficence. The patient would say this. Look, the physician has been trained specially in their work. Technically they should know better regarding what the patient should do. Being sick is a weak time in the patient's life. The patient does not want to confront it lonely. On the one hand, the patient wants the family to take care of her and take the burden of making the decision in her best interest. On the other hand, the patient wants the physician to help the family in this difficult process of decision making. It is not appropriate for the physician to play a role of salesman and leaves everything in my hands. This is against the nature of physicians as the beneficent healers.In short, both Chinese physicians' and patients' perspectives support the combination of patients' determination and physicians' beneficence. It is inappropriate simply to stress the importance of patients' rights or self-determination without giving significant weight to the role of medical beneficence that physicians should play in medical practice.DOWNLOAD HISTORY | This article has been downloaded 17 times in Digital Commons before migrating into this platform.

Author(s):  
Irina V. Bogdashina

The article reveals the measures undertaken by the Soviet state during the “thaw” in the fi eld of reproductive behaviour, the protection of motherhood and childhood. Compilations, manuals and magazines intended for women were the most important regulators of behaviour, determining acceptable norms and rules. Materials from sources of personal origin and oral history make it possible to clearly demonstrate the real feelings of women. The study of women’s everyday and daily life in the aspect related to pregnancy planning, bearing and raising children will allow us to compare the real situation and the course of implementation of tasks in the fi eld of maternal and child health. The demographic surge in the conditions of the economy reviving after the war, the lack of preschool institutions, as well as the low material wealth of most families, forced women to adapt to the situation. In the conditions of combining the roles of mother, wife and female worker, women entrusted themselves with almost overwork, which affected the health and well-being of the family. The procedure for legalising abortion gave women not only the right to decide the issue of motherhood themselves, but also made open the already necessary, but harmful to health, habitual way of birth control. Maternal care in diffi cult material and housing conditions became the concern of women and the older generation, who helped young women to combine the role of a working mother, which the country’s leadership confi dently assigned to women.


Author(s):  
Asha Bajpai

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.


Author(s):  
Janne Rothmar Herrmann

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.


2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.


2020 ◽  
Vol 20 (1) ◽  
pp. 57
Author(s):  
Agustin Hanafi ◽  
Mohamad Hedhayatullah Bin Mohamad

Nafkah merupakan salah satu daripada hak isteri yang perlu ditunaikan. Hukum ini telah termaktub di dalam Al-Quran dan sebagaimana yang diketahui oleh semua muslim, salah satu kewajiban seorang suami itu adalah menyediakan nafkah buat isterinya baik dalam  tempoh  perkawinan  maupun  pasca perceraian.  Namun,  mutakhir  ini,  banyak kasus yang melibatkan perilaku suami yang mengabaikan nafkah isteri pasca perceraian. Bahagian Sokongan Keluarga (BSK) merupakan pihak berwenang yang mampu mengatasi dengan sebaik mungkin segala permasalahan berkaitan dengan pemberian nafkah. BSK memberi peluang kepada mantan isteri untuk membuat tuntutan nafkah jika suami gagal atau enggan membayar nafkah sekaligus mengembalikan hak isteri. Pertanyaan yang diajukan dalam permasalahan ini adalah bagaimana peran BSK dalam menjamin terpenuhinya  nafkah isteri pasca perceraian dan bagaimana efektifitasnya (BSK) terhadap masalah penegakan nafkah isteri pasca perceraian. Penelitian ini bertujuan untuk mengetahui tentang peran (BSK) dalam masalah pemenuhan nafkah isteri pasca perceraian. Penelitian dalam skripsi ini adalah yuridis empiris yaitu kajian lapangan (field research) dan yuridis normatif yaitu kajian kepustakaan (library research). Adapun Metode pengumpulan data yang digunakan penulis dalam skripsi ini adalah observasi, wawancara dan telaah dokumentasi. Hasil penelitian yang diperoleh, bahwa peran BSK dalam masalah pemenuhan nafkah isteri pasca perceraian berjalan secara efektif karena BSK memantau dan menangani masalah ketidakpatuhan mantan suami terhadap perintah nafkah Mahkamah Syariah melalui pembentukan Unit Khidmat Nasehat dan Perundangan, Unit Penguatkuasaan dan Pelaksanaan Perintah dan Unit Pengurusan Dana. Keberadaan BSK telah menjadi tempat rujukan dan   memberikan bantuan kepada mantan isteri. Berdasarkan hal tersebut, dapat difahami bahwa pokok permasalahan dalam penyelesaian masalah pengabaian nafkah apabila mantan suami memahami  hal  berkaitan  agama  Islam  serta  mengetahui  hak  dan  tanggung  jawab terhadap isteri pasca perceraian.Kata Kunci: Bahagian Sokongan Keluarga (BSK) dan Nafkah Isteri Pasca Penceraian Living in one of the rights of wives that need to be shown. This law has been contained in the Koran and as it is known by all Muslims, one of the obligations of a husband is to provide a living for his wife both in the period of marriage or post-divorce. However, these cutting-edge, many cases involve the behavior of husbands who neglect the living wives post-divorce. The Family Support Division (BSK) is the authority who can cope with the best possible problems relating to the provision of the living. BSK allows the former wife to make a living claim if the husband fails or refuses to pay the living while returning the right of the wife. The question posed in this issue was the role of BSK in guaranteeing the fulfillment of the postpartum wife and how effectiveness (BSK) has been to the problem of establishing a divorce post. The study aims to find out about the role (BSK) in the issue of fulfilling wives after divorce. The research in this thesis was empirical, i.e. field research and normative juridical (library research) study. The methods of data collection used by the authors in this thesis are observations, interviews and documentation study. The results of the research obtained, that the role of BSK in the problem of fulfillment of wives post-divorce runs effectively because BSK monitors and addresses the problem of non-compliance of ex-husband against the order of Sharia court The establishment of the Advisory and Legal Unit, enforcement Unit and the execution of the Order and fund Management unit. The existence of BSK has been a referral place and provides relief to the former wife. Based on this, it can be understood that the subject matter in solving the issue of living if the former husband understands the matter related to Islam and knows the rights and responsibilities of the post-divorce wife.


Author(s):  
Michael Pakaluk

The reception of Thomistic political and legal philosophy is considered with respect to what is called ‘political liberalism’. The appeal to a hypothetical state of nature should be rejected, as it misconstrues the social nature of human beings. Aquinas’ account of the origin of political society starts from an interpretation of human nature. On this basis one can account for human rights, the importance of the right to religious liberty, the family as the basic cell of society, civil society as including subsidiary authorities, the importance of private property, and the nature and role of freedom. A key question for the continued flourishing of a free society is what practically enables persons to govern for the genuine good of others.


Author(s):  
V. Sheinis

The world order based on Yalta and Potsdam decisions as well as on two nuclear superpowers infighting has filed as a history. What is coming up to take its place? A correlation between power and law in international policy, national sovereignty and supranational institutions, territorial integrity of states and the right of nations to self-determination, bloc infighting atavisms, so called "double standard" and international interventions – these are critical debating points that the author develops his own approach to. The role of the U.S. in world policy, and the foreign policy choice of Russia are also examined.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


2021 ◽  
Vol 597 (2) ◽  
pp. 8-17
Author(s):  
Małgorzata Ciczkowska-Giedziun

The purpose of the article is to describe selected ethical dilemmas in the work of a family assistant, based on the typology of ethical dilemmas of Frederic Reamer. In accordance with the typology adopted in the article, in the area of cooperation with families, ethical dilemmas regarding direct work with families, implementation of social assistance programs and relationship between representatives of the profession arise. The information presented in the text is based on publications, studies and reports on family assistantship. The first group of ethical dilemmas is revealed when constructing supportive and helping relationship between assistants and families. It refers to such areas as: voluntary cooperation, limits of cooperation, the right to self-determination or limits of responsibility. The second group of ethical dilemmas is related to the planning and implementation of various solutions in the field of social policy and also support and assistance programs offered to the family. The last group of ethical dilemmas results from a different understanding of family assistantship in the structures of the social assistance system. They are also revealed in the construction of relationships with social workers. The text also includes solutions how to cope with these dilemmas.


2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.


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