首页 > 最新文献

Journal of Law and Medicine最新文献

英文 中文
Informed Consent and the Duty to Warn: More than the Mere Provision of Information. 知情同意与警告义务:不仅仅是提供信息。
IF 0.6 Q2 LAW Pub Date : 2024-06-01
Rajesh Gounder

Before providing any form of medical treatment, medical practitioners are generally required to discharge their duty to warn. It is argued in this article that the duty to warn, at least as it relates to frail and elderly patients, requires the principles of shared decision-making to be adopted. Doing so will ensure a comprehensive biopsychosocial understanding of the patient and assist in identifying material risks that may not be readily apparent. Such risks include risks that threaten the patient's values, preferences, treatment aims and long-term outcomes. Once such risks are identified, in discharging the duty to warn, they should be contextualised in a manner that makes clear how that risk will manifest in that particular patient. These risks should then also be synthesised within the context of their other medical issues and longer-term interests. Finally, it is suggested that the traditional consent process may need restructuring.

在提供任何形式的医疗之前,医生一般都必须履行警告义务。本文认为,至少在涉及年老体弱的病人时,警告义务要求采用共同决策的原则。这样做可以确保对患者的生物-心理-社会有一个全面的了解,并有助于识别可能不容易察觉的重大风险。这些风险包括威胁患者价值观、偏好、治疗目标和长期疗效的风险。一旦识别出这些风险,在履行警告义务时,就应将其与具体情况结合起来,明确说明该风险在特定患者身上的表现形式。然后,还应将这些风险与患者的其他医疗问题和长期利益结合起来。最后,建议对传统的同意程序进行调整。
{"title":"Informed Consent and the Duty to Warn: More than the Mere Provision of Information.","authors":"Rajesh Gounder","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Before providing any form of medical treatment, medical practitioners are generally required to discharge their duty to warn. It is argued in this article that the duty to warn, at least as it relates to frail and elderly patients, requires the principles of shared decision-making to be adopted. Doing so will ensure a comprehensive biopsychosocial understanding of the patient and assist in identifying material risks that may not be readily apparent. Such risks include risks that threaten the patient's values, preferences, treatment aims and long-term outcomes. Once such risks are identified, in discharging the duty to warn, they should be contextualised in a manner that makes clear how that risk will manifest in that particular patient. These risks should then also be synthesised within the context of their other medical issues and longer-term interests. Finally, it is suggested that the traditional consent process may need restructuring.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"324-342"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Recent Australian Legislative Developments in the Regulation of Assisted Reproductive Technology. 澳大利亚在辅助生殖技术监管方面的最新立法发展。
IF 0.6 Q2 LAW Pub Date : 2024-06-01
Malcolm Smith

This section considers the recent resurgence of regulatory interest in the field of assisted reproductive technology (ART) practices focusing on the new legislative framework in the Australian Capital Territory (ACT). It provides an overview of the Australian regulatory framework in this field and considers how the new legislation in the ACT sits alongside this framework. A detailed overview of the key provisions of the ACT legislation is provided, before considering whether the legislation goes far enough in addressing some of the more controversial issues in the field of ART.

本节探讨了近期辅助生殖技术(ART)实践领域再度兴起的监管兴趣,重点是澳大利亚首都地区(ACT)的新立法框架。本节概述了澳大利亚在这一领域的监管框架,并探讨了澳大利亚首都直辖区的新立法如何与这一框架并行不悖。报告详细概述了澳大利亚首都直辖区立法的主要条款,然后审议了该立法在解决 ART 领域一些更具争议性的问题方面是否走得足够远。
{"title":"Recent Australian Legislative Developments in the Regulation of Assisted Reproductive Technology.","authors":"Malcolm Smith","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This section considers the recent resurgence of regulatory interest in the field of assisted reproductive technology (ART) practices focusing on the new legislative framework in the Australian Capital Territory (ACT). It provides an overview of the Australian regulatory framework in this field and considers how the new legislation in the ACT sits alongside this framework. A detailed overview of the key provisions of the ACT legislation is provided, before considering whether the legislation goes far enough in addressing some of the more controversial issues in the field of ART.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"244-257"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Safe Access Zone Legislation and Its Compliance with the Human Rights of Anti-Abortion Protesters in Australia. 安全进入区立法及其与澳大利亚反堕胎抗议者人权的一致性。
IF 0.6 Q2 LAW Pub Date : 2024-06-01
Kerstin Braun, Sarah Butcher

Terminating a pregnancy is now lawful in all Australian jurisdictions, although on diverse bases. While abortions have not been subject to the same degree of heated debate in Australia as elsewhere, protests aimed at persuading women not to have a termination of their pregnancy have occurred outside abortion service providers in the past. Over the last decade, this has led to the introduction of laws setting out so-called safe access zones around provider premises. Anti-abortion protests are prohibited within a specific distance from abortion services and infringements attract criminal liability. As safe access zone laws prevent protesters from expressing their views in certain spaces, the question arises as to the laws' compliance with protesters' human rights. This article analyses this by considering the human rights compliance of the Queensland ban in light of Queensland human rights legislation. It concludes that the imposed prohibition of anti-abortion protests near abortion clinics is compatible with human rights.

终止妊娠目前在澳大利亚所有司法管辖区都是合法的,尽管依据各不相同。虽然堕胎在澳大利亚没有像在其他地方那样引起激烈的争论,但过去在堕胎服务机构外也曾发生过旨在劝说妇女不要终止妊娠的抗议活动。在过去的十年中,这促使澳大利亚出台了相关法律,在堕胎服务机构周围设立了所谓的 "安全准入区"。禁止在距离堕胎服务机构一定距离内举行反堕胎抗议活动,违者将承担刑事责任。由于安全准入区法律禁止抗议者在特定空间表达自己的观点,因此出现了这些法律是否符合抗议者人权的问题。本文根据昆士兰州的人权立法,对昆士兰州禁令的人权合规性进行了分析。文章的结论是,禁止在堕胎诊所附近举行反堕胎抗议活动符合人权。
{"title":"Safe Access Zone Legislation and Its Compliance with the Human Rights of Anti-Abortion Protesters in Australia.","authors":"Kerstin Braun, Sarah Butcher","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Terminating a pregnancy is now lawful in all Australian jurisdictions, although on diverse bases. While abortions have not been subject to the same degree of heated debate in Australia as elsewhere, protests aimed at persuading women not to have a termination of their pregnancy have occurred outside abortion service providers in the past. Over the last decade, this has led to the introduction of laws setting out so-called safe access zones around provider premises. Anti-abortion protests are prohibited within a specific distance from abortion services and infringements attract criminal liability. As safe access zone laws prevent protesters from expressing their views in certain spaces, the question arises as to the laws' compliance with protesters' human rights. This article analyses this by considering the human rights compliance of the Queensland ban in light of Queensland human rights legislation. It concludes that the imposed prohibition of anti-abortion protests near abortion clinics is compatible with human rights.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"370-385"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Media, Advertising and Inventing (Anna)rexia. 媒体、广告和发明(安娜)雷夏。
IF 0.6 Q2 LAW Pub Date : 2024-06-01
Rojina Parchizadeh, Marilyn Bromberg

Too many Australians suffer from poor body image and eating disorders. The Israeli, French and Norwegian Governments have created body image legislation to try to address this: it responds to concerns that the countless images of thin women people see can contribute to poor body image. By contrast, Australia does not have a Body Image Law: it has a voluntary code that the advertising industry generally does not follow. This article argues that Australia should enact a Body Image Law that reflects health evidence that body image needs to be improved. The Body Image Law would require disclaimers on images that were not retouched, create a specialised government body to evaluate images and attract civil penalties for breaching it. The authors believe that this is the first Australian article to suggest an Australian Body Image Law of this kind.

有太多的澳大利亚人受到不良身体形象和饮食失调的困扰。以色列、法国和挪威政府制定了身体形象法,试图解决这一问题:这是为了回应人们的担忧,即人们看到的无数瘦弱女性形象可能会导致不良的身体形象。相比之下,澳大利亚却没有制定《身体形象法》:它有一个广告业通常不遵守的自愿守则。本文认为,澳大利亚应该制定一部《身体形象法》,以反映身体形象需要改善的健康证据。身体形象法》将要求在未经修饰的图片上注明免责声明,建立一个专门的政府机构来评估图片,并对违反该法的行为进行民事处罚。作者认为,这是澳大利亚第一篇建议制定此类《澳大利亚身体形象法》的文章。
{"title":"Media, Advertising and Inventing (Anna)rexia.","authors":"Rojina Parchizadeh, Marilyn Bromberg","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Too many Australians suffer from poor body image and eating disorders. The Israeli, French and Norwegian Governments have created body image legislation to try to address this: it responds to concerns that the countless images of thin women people see can contribute to poor body image. By contrast, Australia does not have a Body Image Law: it has a voluntary code that the advertising industry generally does not follow. This article argues that Australia should enact a Body Image Law that reflects health evidence that body image needs to be improved. The Body Image Law would require disclaimers on images that were not retouched, create a specialised government body to evaluate images and attract civil penalties for breaching it. The authors believe that this is the first Australian article to suggest an Australian Body Image Law of this kind.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"403-420"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Challenging Pandemic Law: From Vaccine Mandates to Judicial Review of Vaccine Approvals. 挑战流行病法:从疫苗授权到疫苗批准的司法审查。
IF 0.6 Q2 LAW Pub Date : 2024-06-01
Christopher Rudge

Over recent years, dozens of legal challenges have been instituted in response to government action during the COVID-19 pandemic. While public health orders have been challenged on several grounds, few cases have succeeded. Fewer cases still have called into question decisions made by the Therapeutic Goods Administration (TGA) to approve the COVID-19 vaccines. This section provides a brief update on one recent, partially successful COVID-19 health directions case before examining two applications in the Federal Court of Australia seeking judicial review of the TGA's approval of the COVID-19 vaccines. The section argues that, while both TGA applications were dismissed for lack of standing, they illustrate how and why third parties will ordinarily not be entitled to challenge administrative decisions about therapeutic goods.

近年来,针对 COVID-19 大流行期间的政府行为提出了数十起法律挑战。尽管公共卫生令受到了多种理由的质疑,但成功的案例却寥寥无几。而对治疗用品管理局 (TGA) 批准 COVID-19 疫苗的决定提出质疑的案例则更少。本节简要介绍了最近一起部分胜诉的 COVID-19 健康指导案例的最新情况,然后探讨了澳大利亚联邦法院受理的两起寻求对 TGA 批准 COVID-19 疫苗进行司法审查的申请。本节认为,虽然澳大利亚药品管理局的两份申请都因缺乏诉讼资格而被驳回,但它们说明了第三方通常无权质疑有关治疗产品的行政决定的方式和原因。
{"title":"Challenging Pandemic Law: From Vaccine Mandates to Judicial Review of Vaccine Approvals.","authors":"Christopher Rudge","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Over recent years, dozens of legal challenges have been instituted in response to government action during the COVID-19 pandemic. While public health orders have been challenged on several grounds, few cases have succeeded. Fewer cases still have called into question decisions made by the Therapeutic Goods Administration (TGA) to approve the COVID-19 vaccines. This section provides a brief update on one recent, partially successful COVID-19 health directions case before examining two applications in the Federal Court of Australia seeking judicial review of the TGA's approval of the COVID-19 vaccines. The section argues that, while both TGA applications were dismissed for lack of standing, they illustrate how and why third parties will ordinarily not be entitled to challenge administrative decisions about therapeutic goods.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"225-243"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Virtual Labs and Designer Bugs - Generative AI, Synthetic Biology and National Security. 虚拟实验室与设计者的错误--生成式人工智能、合成生物学与国家安全。
IF 0.6 Q2 LAW Pub Date : 2024-06-01
Brendan Walker-Munro

AI technologies can pose a major national security concern. AI programs could be used to develop chemical and biological agents which circumvent existing protective measures or medical treatments, or to design pathogens with capabilities they do not naturally possess (gain-of-function research). Although Australia has a strong legislative framework relating to research into genetically modified organisms, the framework requires the interaction of more than 10 different government departments, universities and funding agencies. Further, there are few guidelines about the responsible use of AI in biological research where existing laws and policies do not apply to research that is conducted "virtually", even where that research may have national security implications. This article explores these under-scrutinised concepts in Australia's biological security frameworks.

人工智能技术可对国家安全构成重大威胁。人工智能程序可用于开发化学和生物制剂,规避现有的保护措施或医疗手段,或设计出具有非天然能力的病原体(功能增益研究)。虽然澳大利亚在转基因生物研究方面有一个强有力的法律框架,但该框架需要 10 多个不同的政府部门、大学和资助机构进行互动。此外,在现有法律和政策不适用于 "虚拟 "进行的研究(即使该研究可能会对国家安全产生影响)的情况下,几乎没有关于在生物研究中负责任地使用人工智能的指导方针。本文探讨了澳大利亚生物安全框架中这些未得到充分审查的概念。
{"title":"Virtual Labs and Designer Bugs - Generative AI, Synthetic Biology and National Security.","authors":"Brendan Walker-Munro","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>AI technologies can pose a major national security concern. AI programs could be used to develop chemical and biological agents which circumvent existing protective measures or medical treatments, or to design pathogens with capabilities they do not naturally possess (gain-of-function research). Although Australia has a strong legislative framework relating to research into genetically modified organisms, the framework requires the interaction of more than 10 different government departments, universities and funding agencies. Further, there are few guidelines about the responsible use of AI in biological research where existing laws and policies do not apply to research that is conducted \"virtually\", even where that research may have national security implications. This article explores these under-scrutinised concepts in Australia's biological security frameworks.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 2","pages":"353-369"},"PeriodicalIF":0.6,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141499296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sexual Boundary Violations by Doctors - Context, Regulatory Consequences and Preventive Strategies. 医生的性界限侵犯行为--背景、监管后果和预防策略。
Q2 LAW Pub Date : 2024-05-01
Mike O'Connor, Christopher Rudge, Cameron Stewart

While sexual boundary violations by doctors (SBVs) are viewed with utmost seriousness by disciplinary bodies and tribunals, complaints of SBVs in Australia continue to increase. In 2023, the Australian Health Practitioner Regulation Agency (Ahpra) outlined a "blueprint" to protect patients better from sexual misconduct in healthcare: reform being considered in 2024, by Australian health ministers. Few analyses or studies have offered an overview of the prevalence, effects, and causes of SBVs, nor the duties, liabilities, possible disciplinary action against, and potential treatment of, doctors who commit them. This column offers such an overview, and considers, additionally, whether doctors who may have psychiatric disorders associated with their boundary violations would be suitable candidates for treatment. Ultimately, we contend that a purely "responsive" approach is inadequate, and preventive measures such as screening and more effective education should be considered in medical schools as a way of reducing the incidence of SBVs.

虽然医生的性边界侵犯行为(SBVs)受到纪律机构和法庭的高度重视,但澳大利亚的 SBV 投诉仍在不断增加。2023 年,澳大利亚卫生从业者监管局(Ahpra)勾画了一幅 "蓝图",旨在更好地保护患者免受医疗保健领域性行为不端的侵害:澳大利亚卫生部长们正在考虑于 2024 年进行改革。很少有分析或研究对 SBV 的发生率、影响和原因进行概述,也很少有分析或研究对实施 SBV 的医生的职责、责任、可能的纪律处分和可能的待遇进行概述。本专栏对此进行了综述,此外还考虑了与侵犯边界行为相关的精神障碍医生是否适合接受治疗。最后,我们认为纯粹的 "应对 "方法是不够的,医学院校应考虑采取预防措施,如筛查和更有效的教育,以降低 SBV 的发生率。
{"title":"Sexual Boundary Violations by Doctors - Context, Regulatory Consequences and Preventive Strategies.","authors":"Mike O'Connor, Christopher Rudge, Cameron Stewart","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>While sexual boundary violations by doctors (SBVs) are viewed with utmost seriousness by disciplinary bodies and tribunals, complaints of SBVs in Australia continue to increase. In 2023, the Australian Health Practitioner Regulation Agency (Ahpra) outlined a \"blueprint\" to protect patients better from sexual misconduct in healthcare: reform being considered in 2024, by Australian health ministers. Few analyses or studies have offered an overview of the prevalence, effects, and causes of SBVs, nor the duties, liabilities, possible disciplinary action against, and potential treatment of, doctors who commit them. This column offers such an overview, and considers, additionally, whether doctors who may have psychiatric disorders associated with their boundary violations would be suitable candidates for treatment. Ultimately, we contend that a purely \"responsive\" approach is inadequate, and preventive measures such as screening and more effective education should be considered in medical schools as a way of reducing the incidence of SBVs.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 1","pages":"70-87"},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140959812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Clinical Teaching and Consent: An Analysis of New Zealand's Legal Requirements for Obtaining Consent to Clinical Teaching Involving Consumers of Health and Disability Services. 临床教学与同意:分析新西兰对涉及健康和残疾服务消费者的临床教学征得同意的法律要求。
Q2 LAW Pub Date : 2024-05-01
Lydia Wadsworth

Student involvement in patient care without consent has attracted recent attention in New Zealand. New Zealand's Code of Health and Disability Services Consumers' Rights (Code) gives patients the right to give or refuse consent to participate in clinical teaching, but its practical application to clinical teaching, particularly postgraduate, is unclear. This article explores the history and precedent of the Code and ethical considerations, to inform where amendment to the Code is desirable in the interests of clarity, pragmatism, and to reflect better the legislature's intent.

学生在未经同意的情况下参与病人护理的问题最近在新西兰引起了关注。新西兰的《健康与残疾服务消费者权利守则》(《守则》)赋予患者同意或拒绝同意参与临床教学的权利,但其在临床教学中的实际应用,尤其是研究生教学中的应用,尚不明确。本文探讨了《守则》的历史和先例以及伦理方面的考虑因素,以告知在哪些方面需要对《守则》进行修订,从而使其更加清晰、务实,并更好地反映立法机构的意图。
{"title":"Clinical Teaching and Consent: An Analysis of New Zealand's Legal Requirements for Obtaining Consent to Clinical Teaching Involving Consumers of Health and Disability Services.","authors":"Lydia Wadsworth","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Student involvement in patient care without consent has attracted recent attention in New Zealand. New Zealand's Code of Health and Disability Services Consumers' Rights (Code) gives patients the right to give or refuse consent to participate in clinical teaching, but its practical application to clinical teaching, particularly postgraduate, is unclear. This article explores the history and precedent of the Code and ethical considerations, to inform where amendment to the Code is desirable in the interests of clarity, pragmatism, and to reflect better the legislature's intent.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 1","pages":"130-150"},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140959593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
How Does Narcotic Control Impact upon Human Individual Rights: An Islamic and International Human Rights Perspectives. 麻醉品管制如何影响个人人权?伊斯兰和国际人权视角。
Q2 LAW Pub Date : 2024-05-01
Sarah Balto

Illegal trafficking of narcotics and problems associated with illegal substance abuse have attracted great deal of attention over the years. However, there are concerns about how to solve this problem while still respecting individual rights. In general terms, it has been alleged by numerous international observers that in many instances human rights have not been fully respected or observed in the fight against illicit drugs. When it comes to Shari'a law, the fundamental premise is that narcotics abuse and trafficking is clearly in violation of Islamic principles. This article highlights the importance of adopting a human rights-based approach to policies regarding narcotics and discusses the potential conflict and the State's obligation to enforce laws which protect their citizens with individual citizen's rights. It focuses on Islamic laws and takes Saudi Arabia as an example given the fact that the Saudi Arabia bases its constitution on Sharia.

非法贩运麻醉品和与非法药物滥用相关的问题多年来一直备受关注。然而,如何在尊重个人权利的同时解决这一问题却令人担忧。一般来说,许多国际观察家声称,在许多情况下,人权在打击非法毒品的斗争中没有得到充分尊重或遵守。就伊斯兰教法而言,基本前提是滥用和贩运毒品显然违反了伊斯兰原则。本文强调了采用基于人权的方法制定禁毒政策的重要性,并讨论了潜在的冲突以及国家执行保护公民的法律与公民个人权利之间的义务。鉴于沙特阿拉伯的宪法以伊斯兰教法为基础,本文以伊斯兰教法为重点,并以沙特阿拉伯为例。
{"title":"How Does Narcotic Control Impact upon Human Individual Rights: An Islamic and International Human Rights Perspectives.","authors":"Sarah Balto","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Illegal trafficking of narcotics and problems associated with illegal substance abuse have attracted great deal of attention over the years. However, there are concerns about how to solve this problem while still respecting individual rights. In general terms, it has been alleged by numerous international observers that in many instances human rights have not been fully respected or observed in the fight against illicit drugs. When it comes to Shari'a law, the fundamental premise is that narcotics abuse and trafficking is clearly in violation of Islamic principles. This article highlights the importance of adopting a human rights-based approach to policies regarding narcotics and discusses the potential conflict and the State's obligation to enforce laws which protect their citizens with individual citizen's rights. It focuses on Islamic laws and takes Saudi Arabia as an example given the fact that the Saudi Arabia bases its constitution on Sharia.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 1","pages":"201-209"},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140959607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Untested Stem Cell Treatments: An Analysis of Australia's Current Regulatory Regime. 未经测试的干细胞疗法:澳大利亚现行监管制度分析》。
Q2 LAW Pub Date : 2024-05-01
Nicolas Cavasinni, Patrick Foong

Stem cell therapies have emerged as a miracle cure that could treat diseases and conditions. The past decade has seen the rapid growth of private clinics in some nations, including Australia, offering stem cell treatments largely untested and unsupported by clinical trials. These putative treatments have caused adverse events, some of which were serious and even fatal. The unscrupulous businesses exploit vulnerable and desperate patients who falsely believe these unproven therapies are their only salvation to cure different illnesses and conditions. This article emphasises the importance of strict oversight to ensure that only safe stem cell products reach patients, given the largely vulnerable patient base and the magnitude of risks involved. It examines the effectiveness of Australia's regulatory environment governing stem cell therapies to restrict the advertisement of dangerous and unproven stem cell therapies and the enforceability of these measures.

干细胞疗法已成为治疗疾病和病症的神奇疗法。过去十年中,包括澳大利亚在内的一些国家的私人诊所迅速发展,提供的干细胞疗法大多未经测试,也没有临床试验支持。这些所谓的治疗方法造成了不良事件,其中一些严重甚至致命。这些无良企业利用脆弱和绝望的患者,让他们误以为这些未经证实的疗法是治疗各种疾病和病症的唯一救命稻草。这篇文章强调了严格监督的重要性,以确保只有安全的干细胞产品才能到达患者手中,因为患者大多是脆弱的群体,并且涉及巨大的风险。文章探讨了澳大利亚干细胞疗法监管环境在限制危险和未经证实的干细胞疗法广告方面的有效性,以及这些措施的可执行性。
{"title":"Untested Stem Cell Treatments: An Analysis of Australia's Current Regulatory Regime.","authors":"Nicolas Cavasinni, Patrick Foong","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Stem cell therapies have emerged as a miracle cure that could treat diseases and conditions. The past decade has seen the rapid growth of private clinics in some nations, including Australia, offering stem cell treatments largely untested and unsupported by clinical trials. These putative treatments have caused adverse events, some of which were serious and even fatal. The unscrupulous businesses exploit vulnerable and desperate patients who falsely believe these unproven therapies are their only salvation to cure different illnesses and conditions. This article emphasises the importance of strict oversight to ensure that only safe stem cell products reach patients, given the largely vulnerable patient base and the magnitude of risks involved. It examines the effectiveness of Australia's regulatory environment governing stem cell therapies to restrict the advertisement of dangerous and unproven stem cell therapies and the enforceability of these measures.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"31 1","pages":"105-121"},"PeriodicalIF":0.0,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140959816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
Journal of Law and Medicine
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1