scholarly journals Comparative and Critical Analysis of Key Eligibility Criteria for Voluntary Assisted Dying under Five Legal Frameworks

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Ben P White ◽  
Eliana Close ◽  
Lindy Willmott ◽  
Katrine Del Villar ◽  
Jocelyn Downie ◽  
...  

Eligibility criteria determine a crucial question for all voluntary assisted dying frameworks: who can access assistance to die? This article undertakes a critical and comparative analysis of these criteria across five legal frameworks: existing laws in Victoria, Western Australia, Oregon and Canada, along with a model Bill for reform. Key aspects of these criteria analysed are capacity requirements; the nature of the medical condition that will qualify; and any required suffering. There are many similarities between the five models but there are also important differences which can have a significant impact on who can access voluntary assisted dying and when. Further, seemingly straightforward criteria can become complex in practice. The article concludes with the implications of this analysis for designing voluntary assisted dying regulation. Those implications include challenges of designing certain yet fair legislation and the need to evaluate voluntary assisted dying frameworks holistically to properly understand their operation.

2017 ◽  
Vol 25 (3) ◽  
pp. 230-259 ◽  
Author(s):  
Johannes Keiler

This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.


2008 ◽  
pp. 147-176
Author(s):  
Dariusz Libionka

This article is an attempt at a critical analysis of the history of the Jewish Fighting Union (JFU) and a presentation of their authors based on documents kept in the archives of the Institute of National Remembrance in Warsaw. The author believes that an uncritical approach and such a treatment of these materials, which were generated under the communist regime and used for political purposes resulted in a perverted and lasting picture of the history of this fighting organisation of Zionists-revisionists both in Poland and Israel. The author has focused on a deconsturction of the most important and best known “testimonies regarding the Warsaw Ghetto Uprising”, the development and JFU participation in this struggle, given by Henryk Iwaƒski, WΠadysΠaw Zajdler, Tadeusz Bednarczyk and Janusz Ketling–Szemley.A comparative analysis of these materials, supplemented by important details of their war-time and postwar biographies, leaves no doubt as to the fact that they should not be analysed in terms of their historical credibility and leads one to conclude that a profound revision of research approach to JFU history is necessary.


2021 ◽  
Vol 39 (39) ◽  
pp. 54-69
Author(s):  
Vanya Banabakova

Logistics continuously expands its application areas. In modern conditions, there is a need to apply logistics in areas not related to its traditional applications such as military and business spheres, resulting in the identification of a third area with the name social logistics. Social logistics aims to introduce a social (human) factor into the systems and to apply logistic principles and methods in solving the problems of society. Social logistics can be defined as a set of actions that ensure the effective functioning of social systems (such as a set of social phenomena, processes and subjects), applying the principles of logistics. For the purposes of this paper, a number of scientific approaches and methods have been applied, such as system approach, comparative analysis, critical analysis, synthesis and others. Social logistics plays an important role in national security, including economic and social security. The purpose of this paper is to explore the role of social logistics in enhancing national security, including economic and social security.


Author(s):  
Tommaso Natoli

Abstract Neighbouring States form regional institutions for purposes that they cannot meet singularly, as in case of exceptional events that overwhelm national capacities. Comparing regional organizations endowed with specific Disaster Management (dm) functions provides a suitable analytical lens of this phenomenon, being a means for exploring how fundamental principles like sovereignty or solidarity are differently combined within their legal frameworks. Building on a comparative analysis of two regional models (eu and asean-aha), the article suggests that the positioning of regional organizations on the sovereignty-solidarity axis is facilitated by an adapted use of the well-known Latin maxim ‘unus pro omnibus, omnes pro uno’. This indicates both dynamics in which the organization is endowed with autonomous capacities of acting in support of members stricken by a catastrophic event, and those regional mechanisms whose functioning depends on the case-by-case involvement of their membership. As will be maintained, whereas these interrelated dynamics coexist in the two organizations analysed, they are differently modelled according to the respective regulatory settings. Yet, common trends in the development of respective institutional functioning can be detected.


2015 ◽  
Vol 23 (3) ◽  
pp. 560-567 ◽  
Author(s):  
Maira Deguer Misko ◽  
Maiara Rodrigues dos Santos ◽  
Carolliny Rossi de Faria Ichikawa ◽  
Regina Aparecida Garcia de Lima ◽  
Regina Szylit Bousso

OBJECTIVES: to understand the family's experience of the child and/or teenager in palliative care and building a representative theoretical model of the process experienced by the family.METHODOLOGY: for this purpose the Symbolic Interactionism and the Theory Based on Data were used. Fifteen families with kids and/or teenagers in palliative care were interviewed, and data were collected through semi-structured interviews.RESULTS: after the comparative analysis of the data, a substantive theory was formed "fluctuating between hope and hopelessness in a world changed by losses", composed by: "having a life shattered ", "managing the new condition", "recognizing the palliative care" and "relearning how to live". Hope, perseverance and spiritual beliefs are determining factors for the family to continue fighting for the life of their child in a context of uncertainty, anguish and suffering, due to the medical condition of the child. Along the way, the family redefines values and integrates palliative care in their lives.CONCLUSION: staying with the child at home is what was set and kept hope of dreaming about the recovery and support of the child's life, but above all, what takes it away even though temporarily is the possibility of their child's death when staying within the context of the family.


Author(s):  
M. Pulcrano ◽  
S. Scandurra ◽  
E. Fragalà ◽  
D. Palomba ◽  
A. di Luggo

Abstract. The paper presents the results of a research carried out on the Church of Santa Maria degli Angeli in Pizzofalcone in Naples, in which multi-sensor surveys have been performed in order to assess the architectonical, geometrical and colorimetric characteristics of the majestic basilica. The use of integrated technologies made it possible to realize 3D digital models that allowed the complete representation of the building, integrating data and filling the gaps of the different previous surveys. The performances of the various reality-based technologies employed have been subjected to critical analysis in order to maximize their potential, optimize survey and data elaboration phases, and obtain the expected results. These latter have been defined through the derived digital re-elaborations and representations. Hence, the objective of the research is to carry out a comparative analysis on the 3D models generated through the different active and passive sensors employed in order to proceed with their integration and achieve an accurate, original and updated methodology of building survey.


2021 ◽  
Vol 23 (4) ◽  
pp. 305-320
Author(s):  
Edward O. Okumagba

The loss of an estimated $4.5 billion in 2020 by Nigeria to petroleum pipeline vandalism and crude oil theft has necessitated a critical assessment of the legal frameworks for the prevention of petroleum pipeline vandalism in Nigeria. This paper utilizes source materials relating to the title by examining the impacts of existing legal frameworks for the prevention of petroleum pipeline vandalization in Nigeria. It x-rays amongst others the provisions of sections 2 and 7 of the Petroleum Production and Distribution (Anti-Sabotage) Act and Miscellaneous Offences Act which imposes the death penalty and life imprisonment with the aim of deterring offenders without creating a court to try offenders. It reveals that in the face of such stringent sanctions, the activities of petroleum pipeline vandalism have continued unabated albeit a thriving business that is likely to arm the Nigerian economy in COVID-19 pandemic era. In addition, with an already perceived “compromised” criminal justice system, the paper concludes by advocating for change in policy strategy that will include the creation of a special court by amending existing legal frameworks to try offenders of the activities of petroleum pipeline vandalization.


Author(s):  
Antonis Anastasopoulos ◽  
Christos Kyriakopoulos

Summary In Crete, as in the rest of the Ottoman Empire, patients who suffered from hernias and other diseases that required surgery made statements to the court of law that absolved the surgeons of liability in case of death as a result of the operation. These statements also included information about the medical condition concerned, the surgeon, the medical procedure and the fee to be paid. In this article, we discuss such statements of the period 1670–1760 from the town of Kandiye (mod. Heraklion). On one hand, we demonstrate that a critical analysis of the statements reveals a dynamic society, which actively overcomes its ideology of submission to God and religious prejudices when it comes to dealing with health issues. On the other hand, we argue that, as the statements were made before the official court of law, they constitute a facet of the Ottomanisation of Cretan society and its practices.


2017 ◽  
Vol 7 (2) ◽  
pp. 263-287 ◽  
Author(s):  
Alexandra E. Rosso ◽  
Dirk Huyer ◽  
Alfredo Walker

On June 17, 2016, the Canadian government legalized medical assistance in dying (MAID) across the country by giving Royal Assent to Bill C-14. This Act made amendments to the Criminal Code and other Acts relating to MAID, allowing physicians and nurse practitioners to offer clinician-administered and self-administered MAID in conjunction with pharmacists being able to dispense the necessary medications. The eligibility criteria for MAID indicates that the individual 1) must be a recipient of publicly funded health services in Canada, 2) be at least 18 years of age, 3) be capable of health-related decision-making, and 4) has a grievous and irremediable medical condition. Because this is a new practice in Canadian health care, there are no published Canadian statistics on MAID cases to date, and this paper constitutes the first analysis of MAID cases in both the province of Ontario and Canada. Internationally, there are only a few jurisdictions with similar legislation already in place (US, the Netherlands, Belgium, Luxembourg, Switzerland, Columbia, Japan, and the United Kingdom). The published statistics on MAID cases from these jurisdictions were reviewed and used to establish the current global practices and demographics of MAID and will provide useful comparisons for Canada. This analysis will 1) outline the Canadian legislative approach to MAID, 2) provide an understanding of which patient populations in Ontario are using MAID and under what circumstances, and 3) determine if patterns exist between the internationally published MAID patient demographics and the Canadian MAID data. Selected patient demographics of the first 100 MAID cases in Ontario were reviewed and analyzed using anonymized data obtained from the Office of the Chief Coroner for Ontario so that an insight into the provision of MAID in Ontario could be obtained. Demographic factors such as age, sex, the primary medical diagnosis that prompted the request for MAID, the patient rationale for making a MAID request, the place where MAID was administered, the nature of MAID drug regimen used, and the status/specialty of medical personnel who administered the MAID drug regimen were analyzed. The analysis revealed that the majority of the first 100 MAID recipients were older adults (only 5.2% of patients were aged 35-54 years, with no younger adults between ages 18-34 years) who were afflicted with cancer (64%) and had opted for clinician-administered MAID (99%) that had been delivered in either a hospital (38.8%) or private residence (44.9%). Although the cohort was small, these Ontario MAID demographics reflect similar observations as those published internationally, but further analysis of both larger and annual case uptake in both Ontario and Canada will be conducted as the number of cases increases.


Drones ◽  
2019 ◽  
Vol 3 (4) ◽  
pp. 75 ◽  
Author(s):  
Nikolaos Tsiamis ◽  
Loukia Efthymiou ◽  
Konstantinos P. Tsagarakis

Drones have been employed for multiple uses, such as for military, surveillance, recreational, scientific, and research purposes. Their presence inside civil areas has necessitated the need to regulate their use. Towards this direction, many countries worldwide have issued national legislations, which vary on vehicle categorization according to the size, weight, flight altitude, purpose of use, and restrictions. In this study, we pursued the first comparative analysis of the Organization for Economic Co-operation and Development (OECD) countries’ national legislations, in order to explore the similarities and differences in drone use and recommend improvements and homogenization. Some of the examined countries issued legislation during recent years of drone application, while others amended their existing legislative framework in order to catch up with drone technology evolution. Although from the 35 OECD countries 22 belong to the European Union, we observed much diversity among national legal frameworks. The intensive use of drones has led to severe ethical dilemmas that policy makers will need to address in the near future. We conclude with a proposal regarding the basic legislation for different uses according to the criteria that have been developed so far, followed by limitations and restrictions.


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