scholarly journals Sexual Abuse vs. Sexual Freedom? A Legal Approach to the Age of Sexual Consent in Adolescents in Spanish-Speaking Countries

2021 ◽  
Vol 18 (19) ◽  
pp. 10460
Author(s):  
Sandra M. Parra-Barrera ◽  
María del Mar Sánchez-Fuentes ◽  
Carlos Fuertes-Iglesias ◽  
Miguel Ángel Boldova
Keyword(s):  
Sexual Abuse ◽  
Public Health Problem ◽  
Legal Aspects ◽  
Sexual Consent ◽  
Romeo And Juliet ◽  
Sexual Freedom ◽  
Consensus Definition ◽  
Prevalence Studies ◽  
Spanish Speaking ◽  
The Difference

Child and adolescent sexual abuse (CSA) is an international public health problem. Despite the importance of CSA, there is no consensus definition, and the lack of consensus is related to difficulties in conducting prevalence studies as well as research in other areas. To establish a consensual definition, legal aspects such as the age of sexual consent and the difference in age or power between victim and aggressor as well as aspects related to sexual freedom and sexual indemnity must be considered. Therefore, the main goal of this research was to analyze the age of sexual consent in the legal systems of Spanish-speaking countries and to examine whether the Romeo and Juliet clause is established. To achieve the proposed aims, we employed the legal interpretation method, and we analyzed the current Criminal Codes of the 21 Spanish-speaking countries. From the results, it is found that the age of sexual consent varies between countries, establishing valid sexual consent between 13 and 18 years. In addition, only six countries have the Romeo and Juliet clause that protects sexual freedom in adolescents. Finally, we discussed the lack of consensus on the age of sexual consent and the limitations presented by the Romeo and Juliet clause.

scholarly journals Sexual Abuse vs Sexual Freedom? A Legal Approach to the Age of Sexual Consent in Adolescents in Spanish-Speaking Countries

2021 ◽  
Author(s):  
Sandra M. Parra-Barrera ◽  
María del Mar Sánchez-Fuentes ◽  
Carlos Fuertes-Iglesias ◽  
Miguel Ángel Boldova
Keyword(s):  
Sexual Abuse ◽  
Public Health Problem ◽  
Legal Aspects ◽  
Sexual Consent ◽  
Romeo And Juliet ◽  
Sexual Freedom ◽  
Consensus Definition ◽  
Prevalence Studies ◽  
Spanish Speaking ◽  
The Difference

Child and adolescent sexual abuse (CSA) is an international public health problem. Despite the importance of the CSA, there is no consensus definition, and the lack of consensus is related to difficulties in conducting prevalence studies, as well as research in other areas. To establish a consensual definition, legal aspects such as the age of sexual consent and the difference in age or power between victim and aggressor, aspects related to sexual freedom and sexual indemnity must be considered. Therefore, the main goal of this research was to analyze the age of sexual consent in the legal systems of Spanish-speaking countries and to examine whether the Romeo and Juliet clause is established. To achieve the proposed aims, we employed the legal interpretation method, and we analyzed the current Criminal Codes of the 21 Spanish-speaking countries. From the results, it is found that the age of sexual consent varies between countries, establishing valid sexual consent between 13 and 18 years. In addition, only six countries have the Romeo and Juliet clause that protects sexual freedom in adolescents. Finally, we discussed the lack of consensus on the age of sexual consent and the limitations presented by the Romeo and Juliet clause.

scholarly journals УГОЛОВНАЯ ОТВЕТСТВЕННОСТЬ ЗА ПРЕСТУПЛЕНИЯ ПРОТИВ ПОЛОВОЙ СВОБОДЫ И ПОЛОВОЙ НЕПРИКОСНОВЕННОСТИ НЕСОВЕРШЕННОЛЕТНИХ В РОССИИ И ЗА РУБЕЖОМ

2019 ◽  
Vol 53 (4) ◽  
pp. 124-135
Author(s):  
Andrey V. Makarov
Keyword(s):  
Sexual Abuse ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Liability ◽  
Difficult Problem ◽  
Sexual Consent ◽  
Sexual Freedom ◽  
Age Of Consent ◽  
Close Relatives ◽  
A Minor

Работа посвящена анализу ряда проблем, связанных с законодательной регламентацией преступлений против половой свободы и половой непри-косновенности в российском и зарубежном уголовном законодательстве. Статья содержит анализ различных подходов к определению объектов сексуальных посягательств на несовершеннолетних, выявляя сущностные черты таких объектов, как половая свобода и половая неприкосновенность. Автор приходит к выводу, что половая свобода несовершеннолетнего, не достигшего возраста согласия на вступление в половую связь, возникает у лица с момента рождения и подлежит уголовно-правовой охране, однако реализовать данное право лицо не может до достижения установленного законом возраста согласия. Автор критически относится к высказанной в специальной литературе позиции относительно утраты лицом половой неприкосновенности при достижении им совершеннолетия или возраста полового согласия, полагая, что половая неприкосновенность представляет собой гарантированный законом запрет вступать в половой контакт с другим лицом при его несогласии на осуществление сексуального контакта или вопреки его воле. Статья содержит комплексный компаративный анализ норм российского и зарубежного законодательства относительно решения наиболее сложной проблемы при конструировании составов преступлений, предусматривающих уголовную ответственность за сексуальные посягательства на несовершеннолетних, – проблемы возрастного рубежа, с которого несовершеннолетний вправе самостоятельно распоряжаться своей половой свободой. Автор делает вывод о том, что размер уголовных санкций, предусмотренных за незаконное половое сношение с несовершеннолетним, в современных уголовно-правовых системах варьируется в чрезвычайно широком диапазоне, что свидетельствует о различной оценке степени общественной опасности данного деяния национальными законодателями. Кроме того, на взгляд автора, российскому законодателю следует учесть зарубежный опыт о введении в уголовный закон такого квалифицирующего признака, как совершение деяний, направленных на половую свободу, близкими родственниками. The work is devoted to the analysis of a number of problems related with legislative regulation of liability for crimes against sexual freedom and sexual immunity in Russian and foreign criminal legislation. The article contains the analysis of different approaches to defining the objects of sexual abuse of minors, revealing the essence of such objects as sexual freedom and sexual immunity. The author concludes that the sexual freedom of a minor who has not reached the age of consent to sexual intercourse arises in a person from birth and is subject to criminal protection, but a person cannot exercise this right until the age of consent established by law has been reached. The author criticizes the position expressed in the special literature regarding the loss of sexual inviolability by a person when he reaches the age of majority or age of sexual consent. The author believes that sexual inviolability is a legally guaranteed prohibition to have sexual intercourse with another person in case of his disagreement with sexual intercourse or against his will. The article contains a comprehensive comparative analysis of the norms of Russian and foreign legislation concerning the solution of the most difficult problem in the construction of the elements of crimes that provide for criminal liability for sexual abuse of minors  the problem of the age limit from which a minor is entitled to exercise his or her sexual freedom independently. The author concludes that the level of criminal sanctions for illegal sexual intercourse with a minor varies enormously in modern criminal law systems, which demonstrates the different assessment of the degree of public danger of this act by national legislators. In addition, in the author's view, the Russian legislator should take into account foreign experience in introducing into the criminal law such a qualifying feature as committing acts aimed at sexual freedom by close relatives.

Elder Sexual Abuse and Sexual Freedom in Faith-based Residential Care Facilities: Ethical Dilemmas, and Institutional Integrity

2021 ◽  
Vol 15 (2) ◽  
pp. 253-273
Author(s):  
Virginia Miller ◽  
Seumas Miller ◽  
Bruce Stevens
Keyword(s):  
Sexual Abuse ◽  
Residential Care ◽  
Aged Care ◽  
Sexual Freedom ◽  
Residential Care Facilities ◽  
Faith Based ◽  
Care Facilities ◽  
Aged Care Facilities ◽  
Marital Sex

Abstract The issues of elder sexual abuse and sexual freedom in residential care facilities are complicated by the existence of many residents with cognitive impairments of a kind that compromise their ability to make decisions based on informed consent. The issues of elder sexual abuse and sexual freedom in faith-based residential care facilities, in particular, are further complicated by restrictive, theologically based, ethical principles pertaining to sexual activity – for instance, prohibitions on extra-marital sex and the use of prostitutes by residents. The tension that arises must necessarily deal with the integrity of faith-based aged-care facilities and current legislation that promotes the rights of age-care residents to sexual freedoms. In the midst of much public concern about the level and quality of institutional age care this particular aspect seldom attracts notice. It nevertheless exposes a quandary to do with how ought public theology and ethics respond.

scholarly journals The efficacy of plant extracts on cecal amebiasis in rats

2015 ◽  
Vol 5 (1) ◽  
Author(s):  
Enerst C. Ohanu ◽  
Paul C. Inyang-Etoh
Keyword(s):  
Body Weight ◽  
Plant Extracts ◽  
Public Health Problem ◽  
Parasite Load ◽  
Negative Control ◽  
Major Public Health Problem ◽  
Cure Rate ◽  
Standard Drug ◽  
The Mean ◽  
The Difference

Amebiasis caused by <em>Entamoeba histolytica</em> is a major public health problem in tropical and subtropical countries. Treatment failure with specific chemotherapy has been reported suggesting the possibility of drug resistance. This study investigated the anti-amoebic effects of four plant extracts on cecal amebiasis in rats. The cecal amebiasis was induced by the injection of 3.0×105 troph/mL of <em>E. histolytica</em> parasite directly into the rat’s caecum. A total of 137 rats were used for these studies; five rats in each group for both positive and negative control, 15 rats in each group to test the four plant extracts and metronidazole. The infected rats were treated for cecal amebiasis using each of the four plant extracts at graded doses of 100 mg/kg, 200 mg/kg and 400 mg/kg and with metronidzole at a dose of 62.5 mg/kg,100 mg/kg and 125 mg/kg for five consecutive days. The efficacy of the four plant extracts were evaluated based on Neal’s, 1951 method. The plant extracts of Garlic, <em>Guava</em>, Pawpaw and Pumpkin at 400 mg/kg and 200 mg/kg body-weight gave a cure rate of 80%, 100%, 60%, 40% and 40%, 80%, 40%, 0%, respectively. The mean parasite count in the cecal contents of the treated rats at a dose 400 mg/kg were 18.5±1.6, 0.0±0.0, 33.3±1.8 and 49.5±4.0, respectively. The difference was statistically significant (P&lt;0.05). This study has revealed that Guava at a high dosing level (400 mg/kg body weight) is as good as the standard drug in reducing the both parasite load (probably with limited side effect).

scholarly journals Comparative Legal Analysis of the Systems of Executive Power in Russia and Japan

2020 ◽  
Vol 15 (9) ◽  
pp. 195-205
Author(s):  
A. A. Vayno
Keyword(s):  
Power Systems ◽  
Legal Aspects ◽  
Executive Power ◽  
Primary Role ◽  
Legal Analysis ◽  
Head Of State ◽  
Significant Difference ◽  
Legal Nature ◽  
Statics And Dynamics ◽  
The Difference

The paper is devoted to the comparative legal aspects of the study of executive power systems in Russia and Japan. These states, despite the significant difference in both the political and legal historical path and modern forms of government and state structure, have a number of common constitutional and legal features. Both countries have chosen a legal strategy aimed at the full-fledged building of a democratic rule of law. Comparison of executive-power systems reveals both serious similarities and significant differences in the statics and dynamics of their daily functioning. If in Russia ministers perform rather an administrative and managerial function and are actually deprived of many of their own political prerogatives, in Japan the top officials of ministries are, as a rule, public politicians. The difference also lies in the procedure for appointing heads of executive departments — in Russia in this process, the primary role is assigned to the personal will of the elected head of state, in Japan — to the collective will of the elite, self-organizing and legitimized through parliamentary elections. At the same time, a number of common features correspond to the governments of these countries, both in terms of their legal nature and in terms of their functions. These circumstances indicate the need to intensify comparative legal research in this direction in order to clarify questions about the further expediency of the mutual reception of norms and institutions related to the corresponding public law orders.

scholarly journals Epidemiology of traumatic injuries to the permanant incisors of 9-12-years-old school children in Damascus, Syria

2001 ◽  
Vol 7 (1-2) ◽  
pp. 291-301
Author(s):  
N. Al Beiruti ◽  
W. Marcenes ◽  
D. Tayfour ◽  
S. Issa
Keyword(s):  
Primary Schools ◽  
Traffic Accidents ◽  
Public Health Problem ◽  
Epidemiological Data ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Public And Private ◽  
Traumatic Injuries ◽  
The Difference ◽  
Dental Injuries

This cross-sectional survey was carried out to assess epidemiological data concerning dental injuries to the permanent incisors of Syrian children. It included 1087 children aged 9 to 12 years, of both sexes, randomly selected from public and private primary schools in Damascus. The response rate was 100%. The prevalence of traumatic injuries to the permanent incisors rose from 5.2% at the age of 9 years to 11.7% at the age of 12 years [P = 0.007]. The difference in prevalence between boys and girls was not statistically significant [P > 0.05]. The majority [59.8%] of children who had experienced injuries to the permanent incisors reported that they were not taken to the dentist for evaluation or treatment of the damage. Among those children who had experienced traumatic injuries to the teeth 93.1% presented with untreated damage. Because some injuries were minor, such as small enamel fractures, the proportion of children who needed treatment was 63.2%. There was a tendency for children with an incisal overjet greater than 5 mm to have experienced dental injuries [P = 0.06]. Children with inadequate lip covcmgc were more likely to have experienced dental injuries than those with adequate lip coverage [P = 0.000]. The most common reported cause of iniuries to the permanent incisors was violence [42.5%], followed by traffic accidents [24.1%] collisions with people or inanimate objects [16.0%] and falls [9.1%]. In conclusion, traumatic dental injury may pose a serious dental public health problem.

SOCIAL WELFARE OF MIGRANT WORKERS IN THE EU: COMPARATIVE MODELS IN THE CONTEXT OF THE LEGAL INTEGRATION SYSTEM OF THE EAEU STATES

2021 ◽  
pp. 115-124
Author(s):  
Dmitry V. Agashev ◽  
◽  
Sergey G. Trifonov ◽  
Kristine V. Trifonova ◽  
◽  
...  
Keyword(s):  
Social Policy ◽  
Social Welfare ◽  
Migrant Workers ◽  
Legal Aspects ◽  
Current State ◽  
The Social ◽  
Security Relations ◽  
Legal Space ◽  
The Difference ◽  
The Eu

The article assesses the EU legal system as a unique institutional unit and highlights its features. It deals with the comparative legal aspects of the regulation of the social welfare of migrant workers in the EU and the EAEU. Attention is paid to the study of legislation on social welfare for migrant workers in the EU, as well as the possibility of realizing the experi-ence accumulated within the EAEU. It is emphasized that the use of comparative models con-cerning the social welfare of migrant workers in the EU and the EAEU can be productive, taking into account the analysis of the state and dynamics of the EU's legal policy in its historical development. The authors have analyzed the historical stages reflecting the difference within the EU approaches to the regulation of social welfare relations for migrant workers. The emphasis is on the role of EU administrative institutions, which provide a balancing approach to the key principles and social policy settings, due to the desire to eliminate distortions and possible conflicts between the norms of states. At the same time, EU members have the competence within the existing common standards of financial security obligations to expand the estab-lished standards and this makes the EU's social policy geographically differentiated. It is noted that the allied states, formed on trade and economic grounds, such as the EU and the EAEU, are characterized by an objective desire for a single legal space, with the uni-fication of approaches on the social welfare of migrant workers throughout the Union. Never-theless, in complex interstate unions, it is impossible to abandon the principle of multi-level regulation of social and security relations, and in this sense, the situation in the EU and the EAEU is quite similar. The current state of EU law in terms of regulating the relations under consideration largely preserves national legal regimes, and each of them, through its special legal means, determines a different amount of social rights of migrant workers. In the context of the EAEU, a similar approach should not be considered productive, since it does not contribute to the goals of this interstate association, defined by Article 4 of the Treaty on its creation. Therefore, within the framework of the EAEU, it is advisable to fix as early as possible the uniform standards in the area of social welfare of migrant workers, estab-lishing a relatively narrow range of powers of the member states of the Union.

Selected legal aspects of sexual abuse prevention

2021 ◽  
Vol 143 (3) ◽  
pp. 219-233
Author(s):  
Katarzyna Badźmirowska-Masłowska ◽  
Jacek Rosa
Keyword(s):  
Sexual Abuse ◽  
Legal Aspects ◽  
Abuse Prevention ◽  
Sexual Abuse Prevention ◽  
Sexual Offences ◽  
Public Authorities ◽  
Legal Perspective ◽  
The Status ◽  
The Subject ◽  
And Control

The article on selected aspects of sexual abuse prevention presents the subject matter from the legal perspective and discusses the issues concerning prevention and control of sexual offences in Poland. The article refers to the status of the child in criminal law and applicable provisions under the Directive 2011/92/EU and the Lanzarote Convention concerning prevention, assistance and support for juveniles. In this context, presented have been the obligations of the state (public authorities), including the police, to prevent this type of crime as well as the diffi culties associated with the implementation of relevant tasks. The conclusions indicate the problems that require practical solutions.

scholarly journals THE FEASIBILITY OF USING COMMUNITY PHARMACISTS TO COUNSEL OLDER ADULTS ON FALL PREVENTION

2019 ◽  
Vol 3 (Supplement_1) ◽  
pp. S291-S291
Author(s):  
Renae L Smith-Ray ◽  
Tanya Singh ◽  
Michael W Suwalski ◽  
Michael Taitel
Keyword(s):  
Older Adults ◽  
Fall Prevention ◽  
Older Patients ◽  
Community Pharmacists ◽  
Public Health Problem ◽  
Prevention Programs ◽  
Local Area ◽  
The Difference ◽  
Additional Support ◽  
Pharmacy Chain

Abstract Despite recognition as a serious public health problem, older adults falls increased 30% between 2007-2016. Numerous evidence-based fall prevention programs exist, but may have inadequate reach. Pharmacists are highly trained and accessible clinicians who have potential to counsel on fall prevention. This study describes the reach of a fall prevention outreach conducted by a large national pharmacy chain in partnership with local area agencies on aging (AAAs). On August 7, 2018, the pharmacy chain held an outreach during which older patients were incentivized to speak with pharmacists about their fall risk and prevention strategies. In Ohio, AAAs provided pharmacists additional support and availability of AAA fall prevention programs. A random sample of pharmacists was sent a follow-up survey to assess the program’s reach, except in Ohio where all pharmacists received the survey. Response rates were 41% (N=111) and 59% (N=160) in Ohio and non-Ohio states, respectively. We estimate that pharmacists discussed fall prevention with an additional 57,642 on 8/7/2018. The difference in older patients counseled on fall prevention on 8/7/2018 vs. a typical day was significantly greater (p=0.03) for Ohio pharmacists (µ=9.28) compared to non-Ohio pharmacists (µ=5.94). The majority of pharmacists in Ohio and non-Ohio states were moderately or extremely confident in their ability to discuss fall prevention with older patients (69.82% vs. 72.72%) and play an important role in fall prevention (59.75% vs. 54.54%). This study demonstrates the feasibility of utilizing community pharmacists, in partnership with AAAs, to reach large numbers of older adults to counsel on fall prevention.

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