Нарушение принципа интереса ребенка, рожденного с применением суррогатного материнства// Academy Journal No.10(12), 2018. pp. 28-34

2018 ◽  
Author(s):  
Анастасия Сергеевна Шабанова
Keyword(s):  
Legal Protection ◽  
Best Interest ◽  
New Methods ◽  
Before And After ◽  
Special Protection

Дети являются наименее защищенной категорией населения, поэтому государства стремятся обеспечить соблюдение прав детей. Ребенок нуждается в специальной охране и заботе, включая надлежащую правовую защиту до и после рождения. Применение новых методов репродукции влечет массу моральных, этических, психологических и правовых проблем. В статье рассматриваются проблемы, приобретающие особую значимость: соотношение принципа наилучшего интереса ребенка с использованием метода суррогатного материнства, а также соотношение норм международного и национального права в данной области отношений. Children are the least protected category of the population, and States therefore seek to ensure respect for the rights of children. The child needs special protection and care, including adequate legal protection, both before and after birth. The use of new methods of reproduction entails a lot of problems both before and after birth. The article deals with the problems of particular importance, as the principle of the best interest of children using the method of surrogacy, as well as the ratio of international and national law in this area of relations.

scholarly journals Fetus Trafficking in Viet Nam – The New Criminal Method of Human Trafficking

2021 ◽  
Vol 10 ◽  
pp. 1594-1603
Author(s):  
Ha Le Thuy ◽  
Hoang Thi Hai Yen ◽  
Nguyen Quang Bao
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Early Stage ◽  
Legal Protection ◽  
Viet Nam ◽  
New Methods ◽  
Before And After ◽  
The Right ◽  
Legal Mechanism ◽  
Fetal Stage

When it comes to basic rights of the fetus, including the right to life, theoretical studies around the world on human rights of the fetus still have not reached an agreement on approaches and explanation. Criminal law at the international and national levels still leaves the possibility of protecting the unborn child. Viet Nam’s criminal law is no exception to this trend. In addition, Viet Nam is currently facing human trafficking with new methods and tricks. Children are bought and paid for while still in the womb, then born abroad and given to traffickers. Children are only protected by criminal law for human trafficking if they are born, alive, and detected by the authorities. While the act of trafficking in fetuses is often easily detected by the authorities right from the stage of purchasing and paying, it is not feasible to prosecute this act for human trafficking under the criminal law of Viet Nam. This reduces the criminal law’s ability to suppress crime, at the same time, leaves many fetuses unprotected. Should criminal law be left outside the legal mechanism to protect children while in the fetal stage? This article suggests considering fetus trafficking as a form of human trafficking and to criminalize fetus trafficking. Criminal law should recognize fetus trafficking as a sign of crime or an early stage in the criminal process of human trafficking, because children need special care and protection, including appropriate legal protection before and after birth, due to their physical and mental immaturity.

The Protection of Women in International Humanitarian Law

1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill
Keyword(s):  
World War I ◽  
Geneva Convention ◽  
Legal Protection ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
The Hague ◽  
Special Protection

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.

Platelet-rich plasma another add-on treatment getting out of hand? How can clinicians preserve the best interest of their patients?

2019 ◽  
Author(s):  
Bulent Urman ◽  
Aysen Boza ◽  
Basak Balaban
Keyword(s):  
Clinical Trial ◽  
Ovarian Reserve ◽  
Platelet Rich Plasma ◽  
Sufficient Evidence ◽  
Small Scale ◽  
Biological Plausibility ◽  
Best Interest ◽  
Thin Endometrium ◽  
Before And After ◽  
Recent Addition

Abstract Add-on treatments in IVF are utilized to a great extent but without sufficient evidence showing their effectiveness. Since the offered treatments are usually costly and may be associated with yet unknown risks, this practice is not in the best interest of couples that may go to great lengths to conceive and have an offspring carrying their own genetic make-up. A recent addition to this armamentarium is the administration of platelet-rich plasma (PRP) in women with diminished ovarian reserve, implantation failures, and a thin endometrium. The only evidence for PRP comes from small scale and mostly before and after studies with clinically irrelevant end points. PRP has not been subjected to a rigorous clinical trial. It is a typical example of an add-on gaining widespread popularity based on biological plausibility and mind-bending theoretical presumptions. We should be extremely cautious prior to implementing PRP on a widescale and await the results of well-designed studies.

The Protection of Mothers in British and German Constitutional Law: A Comparative Analysis and a Contribution to the Implementation of the European Convention on Human Rights in the Domestic Legal Area

2008 ◽  
Vol 9 (1) ◽  
pp. 27-57
Author(s):  
Diana Zacharias
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Regional Systems ◽  
Before And After ◽  
Social Security Benefits ◽  
German Constitutional Law ◽  
Special Protection

The universal and regional systems of human rights protection recognize that mothers find themselves in situations which require special protection. For instance, Article 10 para. 2 of the International Covenant on Economic, Social and Cultural Rights stipulates that special protection should be accorded to mothers during a reasonable period before and after childbirth and that during such period working mothers should be accorded paid leave or leave with adequate social security benefits.

scholarly journals Self-monitoring of blood glucose as a basis for diabetes management

2013 ◽  
Vol 4 (1) ◽  
pp. 47-54
Author(s):  
A. Yu Mayorov ◽  
O. G Melnikova ◽  
Yu. I Filippov
Keyword(s):  
Blood Glucose ◽  
Diabetes Management ◽  
Glucose Monitoring ◽  
International Organization ◽  
Diabetes Treatment ◽  
Self Monitoring ◽  
Antidiabetic Therapy ◽  
New Methods ◽  
Before And After ◽  
External Conditions

The article represents the review of issues of self-monitoring of blood glucose (SMBG) in diabetes treatment. The therapeutic purposes are considered when carrying out SMBG before and after the meals, accepted in Russia, providing an individualization depending on age, existence of severe complications and the risk of hypoglycemia. SMBG frequency is presented at various options of the antidiabetic therapy. The value of carrying out SMBG for the patient and the doctor is discussed. The principles of the work photometric and electrochemical glucometers are given. Issues of accuracy of blood glucose measuring accepted by the International organization for standardization for the systems of SMBG are presented. The reasons of errors to the system evaluation of blood glucose are connected with incorrect hand washing, improper coding of test strips, external conditions (altitude, temperature, humidity), hematocrit, acidosis, hyperlipidemia, concentration of oxygen in blood, exogenous interfering substances (some medicines). The structure and rules of maintaining the diary as the main way of the storage of results of SMBG are presented. Data of the international and Russian studies on an assessment of efficiency of SMBG are shown. The SMBG new methods are discussed in the section on continuous glucose monitoring.

scholarly journals Perbandingan Pengaturan Perlindungan Saksi Tindak Pidana Pencucian Uang

2021 ◽  
Vol 2 (1) ◽  
pp. 1-16
Author(s):  
Ahmad Dahlan ◽  
Usman Usman ◽  
Herry Liyus
Keyword(s):  
Data Collection ◽  
Money Laundering ◽  
Legal Protection ◽  
Secondary Data ◽  
Analysis Techniques ◽  
Library Research ◽  
The Family ◽  
National Police ◽  
Made In ◽  
Special Protection

This article aims to find out and analyze the similarities and differences in the protection of witnesses to the crime of money laundering in law of Indonesia and Malaysia. The research method used is normative juridicial. The data collection techniques used are secondary data collection that carried out by library research to collect and compile data related to the problem under study, by taking an inventory and studying laws and regulations, books , writings and documents related to the issues that the author examined. The data analysis techniques with content analysis. The results obtained from this study are that the arrangements for witness protection in the Money Laundering Law in Indonesia and Malaysia are different. protected subjects (namely: witness, the reporter, the family of the witness/reporter) as well as the broader arrangements in Indonesia as well as in its implementation special protection arrangements have been made in the PP and Decree of the Chief of the Indonesian National Police. Protection provided at all stages of case examination, in the form of special and legal protections. Whereas in Malaysia, the implementation only refers to the provisions of witness protection. Protection only takes the form of legal protection provided to reporting witnesses only, so that during the trial process , a witness has no protection. Abstrak Artikel ini bertujuan untuk mengetahui dan menganalisis persamaan dan perbedaan perlindungan saksi tindak pidana pencucian uang di Indonesia dan Malaysia. Jenis penelitian yuridis  normatif. Teknik pengumpulan data yang digunakan yaitu melalui pengumpulan data-data sekunder. Teknik pengumpulan data dilakukan dengan studi kepustakaan untuk mengumpulkan dan menyusun data yang berhubungan dengan masalah yang diteliti, dengan cara menginventarisasi dan mempelajari peraturan perundang- undangan, buku-buku, tulisan-tulisan dan dokumen yang berhubungan dengan masalah yang penulis teliti. Teknik analisis data dengan analisis isi (content). Hasil yang diperoleh dari penelitian ini yaitu bahwa pengaturan perlindungan saksi di Indonesia dan Malaysia adalah berbeda. Dalam hal subjek yang dilindungi (yaitu: saksi, pelapor, keluarga saksi/pelapor). Perlindungan yang diberikan pada semua tahap pemeriksaan perkara, dalam bentuk perlindungan khusus dan hukum. Sedangkan di Malaysia, pelaksanaanya hanya merujuk pada ketentuan perlindungan saksi. Perlindungan hanya berupa perlindungan hukum yang diberikan kepada saksi pelapor saja, sehingga dalam selama proses persidangan, seorang saksi tidak mendapat perlindungan.

scholarly journals Damage Detection in Structures – Examples

2019 ◽  
Author(s):  
Ivan Duvnjak ◽  
Domagoj Damjanović ◽  
Natalia Sabourova ◽  
Niklas Grip ◽  
Ulf Ohlsson ◽  
...  
Keyword(s):  
Damage Detection ◽  
Damage Assessment ◽  
Model Updating ◽  
Dynamic Properties ◽  
Element Model ◽  
Mode Shapes ◽  
Modal Shape ◽  
New Methods ◽  
Before And After ◽  
Pros And Cons

<p>Damage assessment of structures includes estimation of location and severity of damage. Quite often it is done by using changes of dynamic properties, such as natural frequencies, mode shapes and damping ratios, determined on undamaged and damaged structures. The basic principle is to use dynamic properties of a structure as indicators of any change of its stiffness and/or mass. In this paper, two new methods for damage detection are presented and compared. The first method is based on comparison of normalised modal shape vectors determined before and after damage. The second method uses so-called &#119897;l-norm regularized finite element model updating. Some important properties of these methods are demonstrated using simulations on a Kirchhoff plate. The pros and cons of the two methods are discussed. Unique aspects of the methods are highlighted.</p>

scholarly journals OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH

2019 ◽  
Vol 27 (2) ◽  
pp. 242
Author(s):  
Cekli S Pratiwi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Constitutional Rights ◽  
Legal Counsel ◽  
Best Interest ◽  
Justice Program ◽  
The Right ◽  
Special Protection

This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS  and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem  without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.

scholarly journals Safe in the Hands of the Interpreter? A Qualitative Study Investigating the Legal Protection of Deaf People Facing the Criminal Justice System in Norway

2011 ◽  
Vol 31 (4) ◽  
Author(s):  
Patrick Kermit ◽  
Odd Morten Mjøen ◽  
Terje Olsen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Sign Language ◽  
Justice System ◽  
Methodological Approach ◽  
Legal Protection ◽  
Deaf People ◽  
Best Interest ◽  
System A ◽  
Sign Language Interpreting

<p>Keywords</p><p>Criminal justice, Deaf, Sign Language, Interpreting, Profession</p><p>Abstract</p><p>Over the last thirty years Deaf people in Norway have obtained extensive rights to sign language interpreting. During this period, a public national interpreting service has been established to cope with the growing demands for interpreters. However, little is known about how this development has influenced interpreting in different contexts. This paper addresses questions concerning the legal protection of deaf people facing the criminal justice system. A central issue of concern is what kind of communicative barriers Deaf people encounter. An empirical study is presented where sixteen strategically recruited informants participated: nine sign language interpreters and seven representatives from the Norwegian criminal justice system. The methodological approach was qualitative, open-ended interviews. The results indicate that Deaf people benefit from the professionalization of the interpreters in many ways. At the same time, as a profession, interpreters have a responsibility for defining their role. It is questionable whether or not interpreters always make professional decisions in deaf people&rsquo;s best interest.</p>

scholarly journals Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu

2021 ◽  
Vol 2 (3) ◽  
pp. 525-530
Author(s):  
Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Credit Card ◽  
Legal Protection ◽  
Legal Interpretation ◽  
Electronic Contracts ◽  
Deductive Logic ◽  
Electronic Transactions ◽  
Electronic Contract ◽  
Legal Arguments ◽  
Legal Consequences ◽  
Special Protection

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.

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