Human Rights Studies on Fulfillment of Restitution Rights for Children as Victims of Human Trafficking

<em>This paper aims to analyze the fulfillment the restitution rights for the children as victims after the enactment of government regulation Number 43 of 2017 in Medan based on human rights studies. This research is normative legal research with statute approach which is carried out by examining law and regulations related to the legal issue being raised that is regarding the provision of restitution for child victim of human trafficking in Medan and empirical legal research which gaining data by means direct observation in Medan District Court. Based on the studies, it can be related that restitution must be given to the victims of human trafficking because it is a part of fulfillment of human rights to compensate the victim for losses suffered as the result of a crime.</em>

Autonomy and capacity: the ethical and legal considerations

This article discusses the important concept of autonomy and what this means for patients and their families. This concept is the first of the four ethical principles identified by Beauchamp and Childress (2019) and is an important legal issue. First, the ethical position of autonomy will be explored, before moving on to discuss the legal aspects. Next, definitions will be presented, and the relevant and pertinent parts of the Nursing and Midwifery Council (NMC) (2018) code introduced. Finally, closely linked to autonomy is capacity. This link will be discussed, highlighting the processes and considerations that need to be considered if a person’s capacity is reduced.

Some features of spreading ideology of extremism: social aspect

Researched are features spreading of ideology of extremism and its most vulnerable social aspect. In the opinion of the authors, the theme of social spreading of extremism is most significant for modern criminal situation. The social aspect of spreading of extremism is expressed both in external and internal unstable state of the state, absence of a single information space. An analysis of legal sources in the legal issue of extremism makes it possible to conclude that the legislative framework needs to be improved.

Factors that influence clinicians’ decisions to decrease active surveillance monitoring frequency or transition to watchful waiting for localised prostate cancer: a qualitative study

ObjectiveLittle is known about clinicians’ decision-making about decreasing active surveillance (AS) testing/converting patients to watchful waiting (WW), nor are there any guidelines. The objective of this study was to identify factors that clinicians consider when decreasing AS testing/converting to WW for men with prostate cancer.DesignExploratory qualitative study.SettingAll participants practiced in various institutions in the USA.ParticipantsEligible clinicians had to provide clinical care for patients with prostate cancer in the USA and speak English. Clinicians could be either urologists or radiation oncologists. Of the 24 clinicians, 83% were urologists representing 11 states, 92% were men and 62% were white.MethodsThis qualitative study used data from semi-structured interviews. Purposive sampling was used to ensure geographical variation in the USA. Data collection continued until thematic saturation was achieved. Framework analysis guided coding and identification of themes. Two researchers coded all transcripts independently, met to discuss and reached consensus.ResultsInterviews with clinicians demonstrated that testing or monitoring for AS or transitioning to WW is happening in practice, whether intentionally or unintentionally. Decisions to decrease AS were personalised and tailored to patients’ health status. Life expectancy was the dominant factor that influenced decision, but clinicians were generally hesitant to specify an age when they would decrease AS or transition to WW. Fear that poor adherence could lead to missed progression and concerns about the medico-legal issue of not doing enough were cited as barriers to decreasing AS.ConclusionsThese findings suggest that in certain situations, AS frequency is reduced or transitioned to WW, yet decisions appear to be inconsistent and there are no significant barriers. These findings could inform further areas to explore when drafting recommendations that consider patients’ values and preferences when making decisions about decreasing AS/converting to WW.

Weighing the Sources of International Law

There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea (unclos) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction (bbnj) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties.

Digital data: is a new legal regulation needed?

This article analyzes the phenomenon of digital data and its impact on both the daily lives of each individual and businesses. Article discusses the legal issue of data ownership, which is inextricably linked with the emergence of Big data. The EU legal regulation of digital data faces the following shortcomings: i. legal regulation of data does not keep pace with the rapid development of technology and the phenomenon of such large-scale data creation; ii. the current EU data legislation is intended to protect the interests of the data subject or business and not to create a common data regulatory ecosystem. For these reasons, the question of data ownership is raised, which is thought to be able to change the whole legal perception of digital data in the further evolution of the Industrial Revolution.

Development of theoretical and legal approaches to understanding the essence of somatic human rights in the process of biomedical research

It is pointed out that theoretical ideas about the relationship between man and the field of biomedical research inevitably affect the coverage of aspects that are not reduced to the subjects of constitutional and legal regulation. Accordingly, it was methodologically unjustified to limit the idea of realization of somatic rights of citizens only to the analysis of the norms of constitutions. The essence of the implementation of somatic rights of citizens in the process of biomedical research as effective elements in the development of society and in accordance with one category of constitutional law determines the need to review them from the standpoint of ontology, epistemology and axiology of rights. Thus, studies of these complex relationships do not take into account that they determine approaches to their knowledge, explore the order and principles of their implementation and protection, socio-legal "existence", analyze the value of political and legal image. Certainly, in order to create a reliable modern scientific foundation for understanding the essence of somatic human rights in the process of biomedical research, it is advisable to influence historical excursions in the specialty that studies a particular legal issue, constitutional and legal foundations of individual somatic rights, , on the basis of and formulated previously existing and current legislation. This will exclude certain trends in the development of both legal doctrine and rule-making activities, the results of which are a thorough improvement of current legislation of Ukraine, including codified content, solve certain problems while opening ways to solve them in different historical periods to avoid in the future. negative and borrow positive experiences. The authors argue, based on the analysis of theorists of state and rights, constitutionalists, natives who are involved in the study of somatic human rights, religious scholars who can achieve the result that the historiography of somatic human rights in biomedical research in the broad scientific field of knowledge development of constitutional and legal science and its regularities; in the narrow sense, it is a set of works on various problems of the history of modern constitutionalism, human rights, the influence of religion on human rights and the mechanism of their implementation and protection in a certain historical period. At the same time, the aim of the work is to study the constitutional and legal principles and the influence of various factors on the mechanism of realization of somatic rights in the process of biomedical research. The methodological basis of the study was the worldview dialectical, general scientific and specific scientific methods of cognition of the phenomena of state and legal reality. Thus, in particular, formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of somatic human rights among other human and civil rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of biomedical research with human participation were identified. The structural-functional method allowed to clarify the internal structure of the mechanism of constitutional and legal support of somatic rights and freedoms of man and citizen in the process of biomedical research, as well as to determine the functional purpose of each element of this mechanism. The content of legal regulations governing social relations, within which the organization and functioning of the mechanism of protection of somatic human rights in the process of biomedical research, was revealed using a special legal method of cognition. The comparative method made it possible to identify similar features and differences in the constitutional and legal regulation of the mechanism of protection of somatic human rights in the process of conducting biomedical research.

Postclassical Understanding of Causation in Law: Civil and Criminal Liability

Causation is the most difficult legal issue. For every theory of causation, there is a case that breaks it. Meanwhile, doctrinal disputes are aggravated by the increasingly complicated contradictions of judicial practice in civil and criminal cases. Attorneys tend to give the matter of causal link between the behavior of the offender and the resulting consequences to experts, thereby shifting their responsibility for resolving the legal issue (corpus delicti). Researchers still refuse to use the achievements of postclassic philosophy in legal causation. Even modern publications often feature out-of-date examples and arguments that postulate necessity and objectivity of legal causality. The author used the postclassical theory of law to illustrate the structure of the causal relationship for legal responsibility. The present article covers various issues of terminology, discrepancies, causality and guilt, casuistry and its formalities, common sense, etc. Based on the latest domestic and foreign research in civil and criminal law, the key thesis reads as follows: "a causal relationship is a legal construct".

Approach to Management of Wandering in Dementia: Ethical and Legal Issue

Wandering behavior is one of the most important and challenging management aspects in persons with dementia. Wandering behavior in people with dementia (PwD) is associated with an increased risk of falls, injuries, and fractures, as well as going missing or being lost from a facility. This causes increased distress in caregivers at home and in healthcare facilities. The approach to the comprehensive evaluation of the risk assessment, prevention, and treatment needs more strengthening and effective measures as the prevalence of wandering remains high in the community. Both the caregiver and clinicians need a clear understanding and responsibility of ethical and legal issues while managing and restraining the PwD. Ethical and legal issues especially in the light of the new Indian Mental Healthcare Act of 2017, related to confinement by family members in their homes by family caregivers, seclusion, physical or chemical restraints, other pharmacological and behavioral treatment, highlighting their effectiveness as well as adverse consequences are discussed. This article attempts to address an approach in managing wandering behavior in PwD in light of MHCA, 2017