scholarly journals The Inappropriate or Negligent Medical Treatment in Albanian Criminal Legislation

2015 ◽  
Vol 1 (1) ◽  
pp. 20
Author(s):  
Rovena Kastrati
Keyword(s):  
Medical Treatment ◽  
Medical Staff ◽  
Legal Protection ◽  
Human Beings ◽  
Modern Times ◽  
Medical Neglect ◽  
The Everyday ◽  
Severe Impairment ◽  
The Right ◽  
Criminal Legislation

We are all testimonials for the failure or on-go of the medical treatment and of all the medicine in general, even though we are in a century of considerable scientific evolution. The inevitable involvement of doctors in the everyday life of human beings, leads to the necessity that people must have legal protection from medical offense. The most important right, the right to live, requires that doctors and medical staff have to protect and respect the life of the patients, but the careless treatment and medical neglect in many cases has lead to permanent injuries of human health or lost of life. The cases that have been submitted in the court have been suspended, discontinued or the doctors have been declared innocent, because of impossibility to prove that the pretended medical offense has lead to severe impairment of health or even worse to death. According to this situation hundreds of cases have not been reported, and as a result the repetition of these medical offenses and lack of awareness from the medical staff, regarding their professional liability. Taking into account that the evidence of the Albanian criminal legislation provides de jure protection for its patients, in reality this protection de facto does not operate properly, i have introduced my project which is divided into 3 parts/sections. In the first part I have mentioned the evolution of medical outlook, from the antiquity to modern times, the international devices that protect and guarantee the freedoms and right of the patients and the modifications in the relationships between doctors and patients. Further, in the second part I have been focusing on "negligent medical treatment" in our legislation, and in the experience of some more European countries and more. In the third and last part I have submitted the whole economical, social factors that do affect the actualization of this offense otherwise known as "medical neglect" and the possible preventive provisions of this offense.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

“Thanks, But No Thanks!” Patient Refusal of ED Diagnosis and Treatment

2020 ◽  
pp. 25-32
Author(s):  
Arthur R. Derse
Keyword(s):  
Medical Treatment ◽  
Legal Protection ◽  
Opportunity To Learn ◽  
The United States ◽  
Best Interest ◽  
Health Care Decisions ◽  
Patient Refusal ◽  
Right To Refuse Treatment ◽  
Make Health Care ◽  
The Right

Patient refusal of medical treatment that appears to be in the patient’s best interest is a common challenge for emergency physicians. In the United States, adults have the right to refuse treatment, including life-sustaining medical treatment. The patient must both possess the capacity to make the decision and be offered an opportunity to understand the potential consequences of refusal. The determination of capacity is necessary in deciding when to honor a patient’s refusal. Parents and guardians generally have the right to make health care decisions for their children, but those decisions need to align with the best interests of the child. Documentation of the patient’s refusal of treatment against medical advice may be of some evidentiary value but does not ensure legal protection from liability. Patients who have the capacity to refuse medical treatment should be offered the opportunity to learn and consider the potential consequences before physicians respect their autonomous refusal.

scholarly journals DUKUNGAN PSIKOLOGIS UNTUK PASIEN KANKER ANAK YANG KRITIS

2015 ◽  
Vol 7 (3) ◽  
Author(s):  
Esther Boas
Keyword(s):  
Medical Treatment ◽  
Medical Staff ◽  
Current Problem ◽  
Family Members ◽  
Malignant Diseases ◽  
Lack Of Information ◽  
Long Term Impact ◽  
The Right

Abstract: Regardless of age, malignant diseases and deaths can occur even in children. About 100 of one million children suffering from cancer every year. Indonesian laws do not allow the children to give any decision or refusal about the medical treatment directed to them. Moreover, there are posibilities that they do not get any information from the medical staff. The children know that something wrong is going to happen to them although their parents and doctors tell them nothing. Lack of information make them frightened and anxious. These feelings can give a long term impact if they finally being cured from their diseases. Medical staffs and family members have very important roles in giving the right information to the children concerning the current problem and the worst possibility, and also in giving physicological support.Keywords: dying child, cancer, communicationAbstrak: Kematian tidak memilih usia; anak-anak pun tidak luput dari kanker dan kematian. Sekitar 100 dari 1 juta anak terkena kanker setiap tahunya. Menurut undang-undang yang berlaku di Indonesia, anak-anak tidak diperbolehkan memberikan persetujuan atau penolakan atas tindakan kedokteran yang akan dilakukan padanya. Bahkan, informasi dari petugas kesehatan bisa saja tidak pernah mereka dengar. Anak-anak dapat mengetahui singkatnya harapan hidup mereka meskipun orangtua dan dokter tidak menceritakannya. Kurangnya informasi yang mereka dapatkan bisa menimbulkan rasa takut dan cemas, bahkan bisa berdampak panjang jika ternyata mereka dapat sembuh dari sakitnya. Tenaga medis dan keluarga berperan penting untuk memberikan informasi tentang masalah yang dihadapi, kemungkinan terburuk yang akan mereka hadapi, serta memberikan dukungan secara psikologis.Kata kunci: anak masa kritis, kanker, komunikasi

scholarly journals Privacy as an International Human Right and the Right to Obscurity in Cyberspace

2014 ◽  
Vol 2 (2) ◽  
pp. 33 ◽  
Author(s):  
Alexandra Rengel
Keyword(s):  
New Technologies ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Remote Access ◽  
Political Rights ◽  
Human Beings ◽  
Right To Privacy ◽  
Human Right ◽  
International Convention ◽  
The Right

Fundamental rights are considered to be those which human beings have by the fact of being human and are neither created nor can be abrogated by any government absent extraordinary circumstances. They are fundamental in that the enjoyment of such rights is necessary to live a life with dignity. Fundamental rights are recognized by several international conventions and treaties such as the International Convention on Civil and Political Rights, and the International Convention on Economic and Social Rights and they include cultural, economic, and political rights, such as the right to life, the right to liberty, the right of association, and the right to freedom of religion. Privacy is an essential human need. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Absent extraordinary circumstances the need for humans to have a certain degree of privacy is innate. Perhaps as a result of that intrinsic need, privacy as a concept has been recognized in a social as well as a legal sense in most cultures from time immemorial. Today, the right to privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined. In reviewing the concept of privacy, new technologies often make us wonder what level of protection of our right to privacy is possible in a world where personal information about us can be accessed not by infringing our physical space, but by invisible hands that can access our most private secrets just by pressing a button and looking at a screen. New technologies in the form of the Internet, social networks, remote access to information, etc., make it increasingly more difficult to maintain privacy rights in cyberspace such that online invisibility has become impossible. The quest for invisibility is the idea that individuals should be able to choose to remain invisible online. In order for that scenario to become a reality more emphasis needs to be made on the universal recognition of privacy principles in the context of cyberspace. Additionally, design based privacy solutions must be created to protect individuals’ privacy in cyberspace.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

ACCESS TO EDUCATION WITH ONLINE LEARNING AND OPEN EDUCATIONAL RESOURCES: CAN THEY CLOSE THE GAP?

2008 ◽  
Vol 12 (1) ◽  
Author(s):  
Christine Geith ◽  
Karen Vignare
Keyword(s):  
Online Learning ◽  
Global Education ◽  
Open Educational Resources ◽  
Educational Resources ◽  
Access To Education ◽  
Human Beings ◽  
Right To Education ◽  
Education Gap ◽  
The Right ◽  
Compare And Contrast

One of the key concepts in the right to education is access: access to the means to fully develop as human beings as well as access to the means to gain skills, knowledge and credentials. This is an important perspective through which to examine the solutions to access enabled by Open Educational Resources (OER) and online learning. The authors compare and contrast OER and online learning and their potential for addressing human rights “to” and “in” education. The authors examine OER and online learning growth and financial sustainability and discuss potential scenarios to address the global education gap.

THE INFLUENCE OF TRANSCENDENTAL VALUE AS AN EFFORT OF ONLINE TRANSACTION LEGAL PROTECTION IN THE ERA OF DIGITAL ECONOMY

2019 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
Rizka Rizka
Keyword(s):  
Social Media ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Human Beings ◽  
Business Opportunity ◽  
Online Transactions ◽  
Consumer Rights ◽  
Increasing Demand ◽  
Consumptive Behavior ◽  
Online Shops

The digitalization of the economy sector in the industrial revolution 4.0 needs to be approached with a smart attitude so as to not bring loss to both the consumers and the business holders, by transforming the instrument of consumer rights in an updated and a better way. The development of technology has spoiled human beings in all aspects, including in muamalah. like transaction. The society’s rapid consumptive behavior becomes a business opportunity for the investors to invest their capital in the field of trade, which is also rapidly developing. The increasing demand of consumptive products pushes the popularity of online transaction. There exist hundreds of online shops, either official shops or those undergoing transaction through social media. Anyone can be owners of online shops, and the consumers can be adults, teenagers, and even children. This condition causes some problems, such as the misuse of online transaction for deception, offering products which are not the same as the real items, or worse, not sending the products after the consumer has transferred the money. The results show that in online transactions, there are many dishonest sellers who legalize all methods to practice deception, so there needs to be a connection between online transaction and religion with the hope to minimize the chance of harm for both the consumers and the sellers.

Chimeras In Time-Honored Societies

Think India ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 463-466
Author(s):  
TUMMALA. SAI MAMATA
Keyword(s):  
Major Elements ◽  
The Sun ◽  
Human Beings ◽  
Life Changes ◽  
Inner Self ◽  
The World ◽  
Nature And Nurture ◽  
The Individual ◽  
The Right ◽  
Superstitious Beliefs

A river flows serenely accepting all the miseries and happiness that it comes across its journey. A tree releases oxygen for human beings despite its inner plights. The sun is never tired of its duty and gives sunlight without any interruption. Why are all these elements of nature so tuned to? Education is knowledge. Knowledge comes from learning. Learning happens through experience. Familiarity is the master of life that shapes the individual. Every individual learns from nature. Nature teaches how to sustain, withdraw and advocate the prevailing situations. Some dwell into the deep realities of nature and nurture as ideal human beings. Life is a puzzle. How to solve it is a million dollar question that can never be answered so easily. The perception of life changes from individual to individual making them either physically powerful or feeble. Society is not made of only individuals. Along with individuals it has nature, emotions, spiritual powers and superstitious beliefs which bind them. Among them the most crucial and alarming is the emotions which are interrelated to others. Alone the emotional intelligence is going to guide the life of an individual. For everyone there is an inner self which makes them conscious of their deeds. The guiding force should always force the individual to choose the right path.  Writers are the powerful people who have rightly guided the society through their ingenious pen outs.  The present article is going to focus on how the major elements bound together are dominating the individual’s self through Rabindranath Tagore’s Home and the World (1916)

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