scholarly journals Procedure for the use of physical force, special means and firearms

2021 ◽  
Vol 1 (1) ◽  
pp. 13-22
Author(s):  
Yuriy Paida ◽  
Denys Savchuk
Keyword(s):  
Special Role ◽  
Individual Rights ◽  
Negative Consequences ◽  
Preventive Action ◽  
Physical Force ◽  
Coercive Measures ◽  
Special Means ◽  
Intent To Use ◽  
The Individual ◽  
Administrative Proceedings

The article addresses the issue of guarantees the individual rights and in the scope of coercion. These guarantees should be a reliable protection against possible unlawful actions by officials in the course of coercion and operate in order not create unnecessary obstacles to repid response. As a rule, the guarantee of individual rights take effect either upon application or after its application to the individual. Therefore, it is emphasized that legal means of preventive action play a special role in ensuring the rights of citizens in the process of applying administrative and coercive measures. The types of proceeding classifications concerning the use of coercive measures in the scientific and educational literature are discussed in detail. They are carried out on various grounds, but the most common is the classification depending on the nature of the administrative case, of the traditional separation of nonjurisdictional administrative proceedings and jurisdictional administrative proceedings. Emphasis is placed on the study of their main stages of implementation: deciding or obtaining permission to use coercive measures; warning of intent to use coercion; providing necessary assistance; prompt report on the negative consequences of coercion measures use and the submission of procedural documents on the application of appropriate measures and others. It is noted that any state coercion is a very sharp weapon, because it restricts the freedom of those it is applied to and significantly violates their rights and interests in one way or another. Therefore, it could be applied only there and to the extent that it is really necessary. In order to avoid its misuse, the state strictly regulates the procedure for its application, providing necessary guarantees to those it is applied to.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

scholarly journals Understanding decisions about antibiotic prescribing in ICU: an application of the Necessity Concerns Framework

2021 ◽  
pp. bmjqs-2020-012479
Author(s):  
Alyssa M Pandolfo ◽  
Robert Horne ◽  
Yogini Jani ◽  
Tom W Reader ◽  
Natalie Bidad ◽  
...  
Keyword(s):  
Focus Groups ◽  
Antibiotic Prescribing ◽  
Negative Consequences ◽  
Out Of Hours ◽  
Team Members ◽  
Clinical Vignettes ◽  
Molecular Microbiology ◽  
Semistructured Interviews ◽  
Decision Making Processes ◽  
The Individual

BackgroundAntibiotics are extensively prescribed in intensive care units (ICUs), yet little is known about how antibiotic-related decisions are made in this setting. We explored how beliefs, perceptions and contextual factors influenced ICU clinicians’ antibiotic prescribing.MethodsWe conducted 4 focus groups and 34 semistructured interviews with clinicians involved in antibiotic prescribing in four English ICUs. Focus groups explored factors influencing prescribing, whereas interviews examined decision-making processes using two clinical vignettes. Data were analysed using thematic analysis, applying the Necessity Concerns Framework.ResultsClinicians’ antibiotic decisions were influenced by their judgement of the necessity for prescribing/not prescribing, relative to their concerns about potential adverse consequences. Antibiotic necessity perceptions were strongly influenced by beliefs that antibiotics would protect patients from deterioration and themselves from the ethical and legal consequences of undertreatment. Clinicians also reported concerns about prescribing antibiotics. These generally centred on antimicrobial resistance; however, protecting the individual patient was prioritised over these societal concerns. Few participants identified antibiotic toxicity concerns as a key influencer. Clinical uncertainty often complicated balancing antibiotic necessity against concerns. Decisions to start or continue antibiotics often represented ‘erring on the side of caution’ as a protective response in uncertainty. This approach was reinforced by previous experiences of negative consequences (‘being burnt’) which motivated prescribing ‘just in case’ of an infection. Prescribing decisions were also context-dependent, exemplified by a lower perceived threshold to prescribe antibiotics out-of-hours, input from external team members and local prescribing norms.ConclusionEfforts to improve antibiotic stewardship should consider clinicians’ desire to protect with a prescription. Rapid molecular microbiology, with appropriate communication, may diminish clinicians’ fears of not prescribing or of using narrower-spectrum antibiotics.

Prediction of pre-eclampsia

2021 ◽  
pp. 1753495X2098401
Author(s):  
Konstantinos Giannakou
Keyword(s):  
Early Recognition ◽  
Routine Care ◽  
Current Evidence ◽  
Individual Risk ◽  
Negative Consequences ◽  
Predictive Tool ◽  
Mortality And Morbidity ◽  
Maternal Mortality And Morbidity ◽  
Conducting Research ◽  
The Individual

Pre-eclampsia is a leading cause of neonatal and maternal mortality and morbidity that complicates approximately 2–8% of all pregnancies worldwide. The precise cause of pre-eclampsia is not completely understood, with several environmental, genetic, and maternal factors involved in its pathogenesis and pathophysiology. An accurate predictor of pre-eclampsia will facilitate early recognition, close surveillance according to the individual risk and early intervention, and reduce the negative consequences of the disorder. Current evidence shows that no single test predicts pre-eclampsia with sufficient accuracy to be clinically useful. A combination of markers into multiparametric models may provide a more useful and feasible predictive tool for pre-eclampsia screening in the routine care setting than a test of either component alone. This review presents a summary of the current advances on prediction of pre-eclampsia, highlighting their performance and applicability. Key priorities when conducting research on predicting pre-eclampsia are also analyzed.

Two Models of Pluralism and Tolerance

1992 ◽  
Vol 14 (1) ◽  
Author(s):  
Will Kymlicka
Keyword(s):  
Political Theory ◽  
Recent Work ◽  
John Rawls ◽  
Religious Pluralism ◽  
Religious Diversity ◽  
Individual Autonomy ◽  
Individual Rights ◽  
Group Rights ◽  
The Individual ◽  
Social Pluralism

AbstractIn his most recent work, John Rawls argues that political theory must recognize and accomodate the ‘fact of pluralism’, including the fact of religious diversity. He believes that the liberal commitment to individual rights provides the only feasible model for accomodating religious pluralism. In the paper, I discuss a second form of tolerance, based on group rights rather than individual rights. Drawing on historical examples, I argue that this is is also a feasible model for accomodating religious pluralism. While both models ensure tolerance between groups, only the former tolerates individual dissent within groups. To defend the individual rights model, therefore, liberals must appeal not only to the fact of social pluralism, but also to the value of individual autonomy. This may require abandoning Rawls’s belief that liberalism can and should be defended on purely ‘political’, rather than ‘comprehensive’ grounds.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Is the assessment under Article 8 ECHR for migrants justifiable?

2021 ◽  
pp. 1023263X2110614
Author(s):  
Jennie Edlund ◽  
Václav Stehlík
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Case Law ◽  
European Convention ◽  
Individual Rights ◽  
Foreign Nationals ◽  
European Court ◽  
The Family ◽  
The Individual ◽  
The Way

The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.

Migrating Meanings

2019 ◽  
Author(s):  
James W. Underhill ◽  
Mariarosaria Gianninoto ◽  
Mariarosaria Gianninoto
Keyword(s):  
Mandarin Chinese ◽  
Historical Narratives ◽  
Individual Rights ◽  
Lingua Franca ◽  
Broad View ◽  
European Languages ◽  
The People ◽  
The Future ◽  
The Individual ◽  
Historical Accounts

Exploring the roots of four keywords for our times: Europe, the citizen, the individual, and the people, Mariarosaria Gianninoto’s and James Underhill’s Migrating Meanings (2019) takes a broad view of conceptualization by taking on board various forms of English, (Scottish, American, and English), as well as other European languages (German, French, Spanish & Czech), and incorporating in-depth contemporary and historical accounts of Mandarin Chinese. The corpus-based research leads the authors to conclude that the English keywords are European concepts with roots in French and parallel traditions in German. But what happens to Chinese words when they come into contact with migrating meanings from Europe? How are existing concepts like the people transformed? This book goes beyond the cold analysis of concepts to scrutinize the keywords that move people and get them excited about individual rights and personal destinies. With economic, political and cultural globalisation, our world is inseparable from the fates of other nations and peoples. But how far can we trust English to provide us with a reliable lingua franca to speak about our world? If our keywords reflect our cultures and form parts of specific cultural and historical narratives, they may well trace the paths we take together into the future. This book helps us to understand how other languages are adapting to English words, and how their worldviews resist ‘anglo-concepts’ through their own traditions, stories and worldviews.

scholarly journals Khlaifia and Others v. Italy

2018 ◽  
Vol 112 (2) ◽  
pp. 274-280
Author(s):  
Jill I. Goldenziel
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
Individual Rights ◽  
Detention Centers ◽  
European Court ◽  
Grand Chamber ◽  
The Individual ◽  
The Arab Spring ◽  
Domestic Law

In Khlaifia and Others v. Italy, the Grand Chamber of the European Court of Human Rights (Grand Chamber or Court) released a landmark opinion with broad implications for how states must respect the individual rights of migrants. In the judgment, issued on December 15, 2016, the Court held that Italy's treatment of migrants after the Arab Spring violated the requirement of the European Convention on Human Rights (ECHR) that migrants receive procedural guarantees that enable them to challenge their detention and expulsion. The Court also held that Italy's treatment of migrants in detention centers did not violate the ECHR's prohibition on cruel and inhuman treatment, in part due to the emergency circumstances involved. The Court further held that Italy's return of migrants to Tunisia did not violate the prohibition on collective expulsion in Article 4 of Protocol 4 of the ECHR. Enforcement of the judgment would require many European states to provide a clear basis in domestic law for the detention of migrants and asylum-seekers. Given the global diffusion of state practices involving migrants, and other states’ desires to restrict migration, this case has broad implications for delineating the obligations of states to migrants and the rights of migrants within receiving countries.

scholarly journals A cross-sectional study of the use and effectiveness of the Individual Development Plan among doctoral students

F1000Research ◽  
2018 ◽  
Vol 7 ◽  
pp. 722 ◽  
Author(s):  
Nathan L. Vanderford ◽  
Teresa M. Evans ◽  
L. Todd Weiss ◽  
Lindsay Bira ◽  
Jazmin Beltran-Gastelum
Keyword(s):  
Career Development ◽  
Doctoral Students ◽  
Online Survey ◽  
Career Planning ◽  
Statistical Significance ◽  
Development Plan ◽  
Individual Development ◽  
Negative Consequences ◽  
Cross Sectional ◽  
The Individual

Background: The Individual Development Plan (IDP) was introduced as a tool to aid in career planning for doctoral trainees. Despite the National Institutes of Health and academic institutions creating policies that mandate the use of IDPs, little information exists regarding the use and effectiveness of the career planning tool. Methods: We conducted a multi-institutional, online survey to measure IDP use and effectiveness. The survey was distributed to potential respondents via social media and direct email. IDP survey questions were formatted using a five-point Likert scale (strongly agree, agree, neutral, disagree and strongly disagree). For data analysis purposes, responses were grouped into two categories (agree versus does not agree/disagree). The data were summarized as one-way frequencies and the Pearson chi-square test was used to determine the statistical significance of univariate associations between the survey variables and an outcome measure of the effectiveness of the IDP. Results: Among all respondents, fifty-three percent reported that they are required to complete an IDP while thirty-three percent reported that the tool is helpful to their career development. Further, our data suggests that the IDP is most effective when doctoral students complete the tool with faculty mentors with whom they have a positive relationship. Respondents who are confident about their career plans and who take advantage of career development resources at their institution are also more likely to perceive that the IDP is useful for their career development. Conclusion: Given the nuanced use and effectiveness of the IDP, we call for additional research to characterize the overall use and effectiveness of the IDP and to determine whether there are unintended negative consequences created through the use of the tool. Furthermore, we recommend an enhancement of career development infrastructure that would include mentorship training for faculty in order to provide substantially more career planning support to trainees.

scholarly journals Development of means for experimental identification of navigator attention in ergatic systems of maritime transport

2020 ◽  
Vol 97 (1) ◽  
pp. 58-69
Author(s):  
P.S. Nosov ◽  
◽  
I.V. Palamarchuk ◽  
S.M. Zinchenko ◽  
Ya.A. Nahrybelnyi ◽  
...  
Keyword(s):  
Maritime Transport ◽  
Negative Consequences ◽  
Experimental Identification ◽  
System A ◽  
Geometric Approximation ◽  
Literary Sources ◽  
Special Means ◽  
Software And Hardware ◽  
Port Areas ◽  
Critical Situations

The article discusses the issues of identification of models of analysis of the navigational situation by the navigator during the passage in narrow places and port areas; this is especially relevant in critical situations. As part of the research, an analysis of literary sources was carried out, which made it possible to characterize this direction as actual for the development of special means of an experimental nature. As the main goal, the article presents formal-logical approaches to the development of software and hardware means for determining the areas of attention of the navigator as a subject of an ergatic system. A mechanism was determined for the formation the indexes of the analytical activities of the navigator during assessing the situation, mathematical models, and means for clarifying the position of the navigator on the navigation bridge. A geometric approximation of indexes was proposed, the metric of which can significantly reduce the identification time of critical situations and prevent negative consequences. The carried experiments by using the certified navigation simulator Navi Trainer 5000 confirmed the effectiveness and practical value of the proposed approaches, which will greatly improve the retraining of marine crew.

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