WorldWideScience

Sample records for legal workers suggesting

  1. 75 FR 49528 - Thomson Reuters Legal, Legal Editorial Operations Cleveland Office Including Workers Whose...

    Science.gov (United States)

    2010-08-13

    ... Philippines and India. The amended notice applicable to TA-W-73,370 is hereby issued as follows: ``All workers..., Legal Editorial Operations Cleveland Office Including Workers Whose Unemployment Insurance (UI) Wages... Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of...

  2. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Science.gov (United States)

    2010-08-06

    ... Philippines and India. The amended notice applicable to TA-W-73,370 is hereby issued as follows: All workers..., Legal Editorial Operations, Cleveland Office, Including Workers Whose Unemployment Insurance (UI) Wages... To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as...

  3. Legal aspects related to workers and ionizing radiation

    International Nuclear Information System (INIS)

    Faria, N.M. de; Fischer, D.

    1985-01-01

    The legal aspects related to protection of the worker during its activity and in case of accident which involves dead or invalidity or occupation disease are presented. The aspects concerning to employment relation for workers in nuclear installations, and the professional liability for workers who handle ionizing radiation are discussed. (M.C.K.) [pt

  4. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  5. The Legal System and Alzheimer's Disease: Social Workers and Lawyers' Perceptions and Experiences.

    Science.gov (United States)

    Werner, Perla; Doron, Israel Issi

    2016-01-01

    The expected increase in the number of people living with Alzheimer's disease (AD) worldwide will be accompanied by an increase in the number of cases involving persons with AD brought up to the courts. This study examined the perceptions and experiences of social workers and lawyers regarding these cases. Three focus groups including social workers and lawyers (n = 26) were conducted. Two main themes were raised by the participants: (a) the role of social workers and lawyers in court cases regarding AD, and (b) the need for improving legal encounters involving persons with AD. Similarities and differences were found in both professionals' interpretations of these shared themes. Results of this study emphasize the need for increasing the knowledge and interprofessional training provided to social workers and lawyers involved in legal cases dealing with issues involving persons with Alzheimer's disease.

  6. Criminalization, legalization or decriminalization of sex work: what female sex workers say in San Francisco, USA.

    Science.gov (United States)

    Lutnick, Alexandra; Cohan, Deborah

    2009-11-01

    Sex work is a criminal offence in San Francisco, USA, and sex work advocates have so far unsuccessfully campaigned for decriminalizing it. Some groups argue that the decriminalization movement does not represent the voices of marginalized sex workers. Using qualitative and quantitative data from the Sex Worker Environmental Assessment Team Study, we investigated the perspectives and experiences of a range of female sex workers regarding the legal status of sex work and the impact of criminal law on their work experiences. Forty women were enrolled in the qualitative phase in 2004 and 247 women in the quantitative phase in 2006-07. Overall, the women in this study seemed to prefer a hybrid of legalization and decriminalization. The majority voiced a preference for removing statutes that criminalize sex work in order to facilitate a social and political environment where they had legal rights and could seek help when they were victims of violence. Advocacy groups need to explore the compromises sex workers are willing to make to ensure safe working conditions and the same legal protections afforded to other workers, and with those who are most marginalized to better understand their immediate needs and how these can be met through decriminalization.

  7. Radiation exposure and the woman worker: biological and legal parameters

    International Nuclear Information System (INIS)

    Carver, J.S.

    1976-01-01

    The interpretation of federal and state legislation and regulations concerning the radiation protection of women in the workplace has not been a clear and straightforward procedure. On one hand, the safety of all workers, independent of sex, imposes a specific directive for the enforcement of working standards in general. On the other hand, must allowance be made in setting radiation standards for the particular biological characteristics of workers, some of whom are women. Title VII of the Civil Rights Act provides equal employment opportunity for women and is now being enforced. All legal questions aside, men and women are decidedly different in one aspect; only women can conceive and carry a fetus and studies have shown that, in humans, the most radiosensitive stage of the fetus is during the first trimester of pregnancy. Possible legal and socio-economic aspects of questions posed by the employment of women by the nuclear industry are considered

  8. The migration response to the Legal Arizona Workers Act

    Science.gov (United States)

    Ellis, Mark; Wright, Richard; Townley, Matthew; Copeland, Kristy

    2014-01-01

    The 2008 Legal Arizona Workers Act (LAWA) requires all public and private employers to authenticate the legal status of their workers using the federal employment verification system known as E-Verify. With LAWA, Arizona became the first state to have a universal mandate for employment verification. While LAWA targets unauthorized workers, most of whom are Latino immigrants, other groups could experience LAWA’s effects, such as those who share households with undocumented workers. In addition, employers may seek to minimize their risk of LAWA penalties by not hiring those who appear to them as more likely to be unauthorized, such as naturalized Latino immigrants and US-born Latinos. Existing research has found a reduction in foreign-born Latino employment and population in response to LAWA. This paper asks a different question: have groups that are most likely to be affected by the law migrated to other states? We find a significant and sustained increase in the internal outmigration rate from Arizona of foreign-born, noncitizen Latinos - the group most likely to include the unauthorized - after the passage of LAWA. There was no significant LAWA internal migration response by foreign-born Latino citizens. US-born Latinos showed some signs of a LAWA-induced internal migration response after the law went into effect, but it is not sustained. The results indicate that local and state immigration policy can alter the settlement geography of the foreign born. This leads us to speculate about how immigrant settlement may adjust in the coming years to the intersecting geographies of post-recession economic opportunity and tiered immigration policies. PMID:25018590

  9. The Organizational-Legal Peculiarities of Application of the Remote Labor Mode and Flexible Working Hours of Scientific Workers at Higher Education Institution

    Directory of Open Access Journals (Sweden)

    Lytovchenko Iryna V.

    2018-01-01

    Full Text Available The article is aimed at defining the main organizational-legal peculiarities of application of the remote labor mode, establishing and accounting the flexible working hours of scientific workers at higher educational institutions and scientific institutes. In the course of research the organizational-legal peculiarities of application of the remote labor mode and flexible working hours of the scientific workers at higher education institutions were analyzed. The article suggests their integration into the activities of higher education institution with the purpose of efficient distribution of their working time, provided that the tasks set are fully executed in a timely manner. As the basic means of control of measurement of results of scientific activity it is suggested to use acts of executed works and other absolute indicators (quantity of the processed scientific sources, quantity of the written pages of scientific papers etc.. The prospective direction of further research is development of practical recommendations on the use of special reports and indicators with an assessment of their impact on the results of activities of scientific workers at higher education institutions.

  10. REALIZING LEGAL PROTECTION FOR OUTSOURCING WORKERS THROUGH EMPLOYMENT SETTING SYNCHRONIZATION

    Directory of Open Access Journals (Sweden)

    Khairani

    2015-10-01

    Full Text Available Debating on the outsourcing existence in Law No.13 of 2003 regarding to Labor, is still continuing even though there has been a decision of Indonesia Constitutional Court (MK who stated the rules that the content of Article 65 paragraph (7 and Article 66 paragraph (2 has been outlawed. The problems of this research are: How is the outsourcing concept of regulating in the labor law and the regulation of the labor minister No. 19 of 2012; and What effort to keep the outsourcing arrangement can provide legal protection for workers? This research use juridical normative method. The research finds that some of the concept is in contradiction with the 1945 constitution and another Law which is related to the protection of labor, and even with the other articles that exists in the Labor Law itself so thats the norm contains contradictio adconceptio. Therefore, the system of outsourcing that will be regulated should consider the principles of goof outsourcing governance. They are: legal protection, non-discrimination, worker as the subject not as an object, benefit and welfare, sustainable working relation, and the shifting of protection to the labor.

  11. Notes on the legal status of non-EU foreign workers in Spain.

    OpenAIRE

    Margarita Tarabini-Castellani Aznar

    2016-01-01

    The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

  12. 76 FR 45879 - West, a Thomson Reuters Business, Thomson Reuters Legal, Including On-Site Leased Workers From...

    Science.gov (United States)

    2011-08-01

    ... DEPARTMENT OF LABOR Employment and Training Administration [TA-W-73,198] West, a Thomson Reuters Business, Thomson Reuters Legal, Including On-Site Leased Workers From Adecco, Including a Teleworker...-W-73,198 is hereby issued as follows: All workers of West, A Thomson Reuters Business, Thomson...

  13. Notes on the legal status of non-EU foreign workers in Spain.

    Directory of Open Access Journals (Sweden)

    Margarita Tarabini-Castellani Aznar

    2016-10-01

    Full Text Available The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

  14. Legal instruments for controlling exposure of workers to ionizing radiations in mining and its associated industries

    International Nuclear Information System (INIS)

    Yusoff Ismail

    1994-01-01

    Briefly, the existing legal instruments for protection of workers in mining and its associated activities are given. Further, major provisions of the laws relevant to the protection of workers against ionizing radiations in mining and its associated activities are detailed. Finally, practical framework developed by the Atomic Energy Licensing Board, for implementation and enforcement is described

  15. Legal Design of Domestic Workers Protection Based on Gorontalo Community Local Culture

    Science.gov (United States)

    Cherawaty Thalib, Mutia

    2018-05-01

    This study was conducted with an empirical juridical approach. The juridical approach was done by identifying community norms and legal policy related to the domestic workers existence, while the empirical approach was done by observing social phenomenon of housemaid and local culture that underlies the working relationship between employer and domestic workers (housemaid). In-depth interviews and group discussions were done to obtain the data. The result shows that the domestic workers existence in Gorontalo cannot be relied upon the domestic service market because it is increasingly eroded by socio-cultural changes that evolve in the rapid rise society awareness of human rights and technological development. Huyula’s culture values, timoa, ambu, bilohe, and tolianga remain as survival strategies for some domestic workers who last longer with their work. For new domestic workers, the bargaining position is increasingly high with the poor quality of work. Some of the rural workers who still hold the principle of “dila biasa” (uncustomary principle), moomu (unwilling), moolito / moqolito (shame), affect their resilience in working as domestic workers. On the other hand, domestic work relations as a social institution is not supported by strong instruments like the government. Consequently, it needs an integrated thinking and step by step designing of the form of protection for domestic workers based on the local culture values of Gorontalo people.

  16. Control of telematic and informatics workers' activities: some legal-computing considerations

    Directory of Open Access Journals (Sweden)

    Giovanni Ziccardi

    2016-02-01

    Full Text Available The evolution of the technological control of the workers is closely related to the improvement of technological tools. From an unsophisticated control mode, targeting the environment and operated through videocameras, the actual framework consists in embedded control tools strictly related to the technologies that are given to the workers for their daily activity.Thanks to software installed on network servers, mobile phones, tablets and computers, it is possibile now to operate a full control activity which do not distinguish, in most cases, between control over the data related to the employment contract and control over the personal data of the subject and over his private life. This article will address, from a legal informatics point of view, the most common tools to operate such controls.

  17. [Judicial and medical/legal aspects of the responsibility of workers appointed to carry out first aid].

    Science.gov (United States)

    Caprioli, L C; Ciavarella, M; Sacco, A

    2005-01-01

    One of the innovations introduced by law 626/94 [the Italian law on occupational health and safety of workers] is the obligation of the employer to designate workers responsible for first aid. To identify and discuss the duties, the role and the medical and legal responsibility of workers appointed to carry out first aid measures. Analysis of legislation and current practice concerning medical and legal responsibility in first aid procedures. The worker appointed to carry out first aid measures is, by virtue of his appointment, obliged to take action. Therefore, he could commit an illegitimate act both by "acting" and by "omitting" to carry out a duty that is his responsibility. In the first case the worker could be accused of committing an unpremeditated criminal offence when his actions involve negligence, imprudence, inexperience or violation of regulations concerning his duties. A "serious criminal offence" is committed when the most elementary rules of diligence, prudence and skill are violated; the offence is "slight" when negligence, imprudence or inexperience are involved in particularly complex situations. The reference parameter for inexperience is not a first aid volunteer, nor a member of the public, but a worker designated to carry out first aid possessing "average" attitudes, training and ability. Briefly, a guilty error by the appointed worker consists of the following: i) the professional conduct of the operator was clearly wrong, serious and unjustifiable; ii) the operator clearly omitted doing his/her duty; iii) the consequence of the error is physical personal damage. The observations made clearly illustrate the delicacy of the tasks of the worker appointed to carry out first aid measures. Essential elements for minimizing wrong and/or negligent conduct are appropriate choice of the designated workers and their adequate training.

  18. Vaccinating health care workers against influenza: the ethical and legal rationale for a mandate.

    Science.gov (United States)

    Ottenberg, Abigale L; Wu, Joel T; Poland, Gregory A; Jacobson, Robert M; Koenig, Barbara A; Tilburt, Jon C

    2011-02-01

    Despite improvements in clinician education, symptom awareness, and respiratory precautions, influenza vaccination rates for health care workers have remained unacceptably low for more than three decades, adversely affecting patient safety. When public health is jeopardized, and a safe, low-cost, and effective method to achieve patient safety exists, health care organizations and public health authorities have a responsibility to take action and change the status quo. Mandatory influenza vaccination for health care workers is supported not only by scientific data but also by ethical principles and legal precedent. The recent influenza pandemic provides an opportunity for policymakers to reconsider the benefits of mandating influenza vaccination for health care workers, including building public trust, enhancing patient safety, and strengthening the health care workforce.

  19. Conundrums in the legal protection of migrant workers' health rights and relative resolutions: implications from the case of Tseng Hei-tao.

    Science.gov (United States)

    Liu, Kai

    2013-08-01

    The deteriorating situation of migrant workers' health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums--the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum--are barriers to migrant workers' right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers' health rights protection.

  20. PROPOSING AN INTEGRATIVE-PROGRESSIVE MODEL IN HANDLING TROUBLED INDONESIAN OVERSEAS WORKERS IN THE TRANSIT AREA (A SOCIO-LEGAL RESEARCH IN TANJUNG PINANG CITY, KEPULAUAN RIAU PROVINCE

    Directory of Open Access Journals (Sweden)

    Rina Shahriyani Shahrullah

    2015-12-01

    Full Text Available Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City.  Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local government has to provide shelters and funds prior to returning them to their home towns. The treatments for the deported workers in the transit area have also raised pros and cons among the stakeholders who are in charge of handling the deported workers. This circumstance may not occur if a special regional regulation of the Riau Islands Province has been issued to govern the troubled Indonesian overseas workers in the transit area.  Due to this vacuum of law, this research aims to establish a mechanism in handling the deported workers in the transit area by designing an integrative-progressive model which can be adopted by the stakeholders. The model is to link the legal and non- legal issues and as well as to provide the collaborative mechanisms for the stakeholders based on the approaches of the integrative and progressive legal theory.

  1. Senegal: where "card-carrying" sex workers are legal.

    Science.gov (United States)

    1995-06-01

    An estimated 1.5% of Senegal's 5 million adult population is HIV-seropositive, with 3000 people having already died of AIDS-related illnesses. Although 75% of those with AIDS are men, women comprise the majority of people infected with HIV. This latter phenomenon is most likely the result of men having become infected before women because of the former's greater degree of travel relative to women. Infection with HIV-2 accounts for 70% of those with HIV, but for only 30% of AIDS cases. HIV-1 is, however, becoming a growing problem since it seems to be transmitted more easily and develop into AIDS more quickly. 15% of prostitutes in Senegal are HIV-seropositive compared to more than 50% of comparable subgroups in most African countries. Experts cannot say for sure why Senegal has a comparatively low rate of HIV, but several factors have been posited as explanations. The comparatively low rate of infection could be related to the long distance between Senegal and the HIV-1 epicenters of east and central Africa, the ability of HIV-2 infection to help the body fight off HIV-1, the strong Islamic influence which has made male circumcision universal thus reducing the risk of contracting HIV, the provision of AIDS awareness and prevention early in the epidemic, and the government's permissive approach to commercial sex. This latter factor is probably the most important related to the current status of HIV/AIDS in Senegal. It has been legal since 1966 to sell sex as long as the sex worker is registered, over 21 years old, has a regular medical check-up, and can present an up-to-date medical report card to the police upon request. This approach was established by then-president Senghor to reduce the incidence and prevalence of sexually transmitted diseases (STD). Registered sex workers since 1986 have been tested for HIV, advised on how to avoid infection, and given free condoms. In anonymous questionnaires, 70-75% of all Dakar's official sex workers reported always using

  2. The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards, and Compensating Differentials.

    Science.gov (United States)

    Hall, Matthew; Greenman, Emily

    2015-01-01

    Considerable research and pervasive cultural narratives suggest that undocumented immigrant workers are concentrated in the most dangerous, hazardous, and otherwise unappealing jobs in U.S. labor markets. Yet, owing largely to data limitations, little empirical work has addressed this topic. Using data from the 2004 and 2008 panels of the Survey of Income and Program Participation, we impute legal status for Mexican and Central American immigrants and link their occupations to BLS data on occupational fatalities and occupational hazard data from the Department of Labor to explore racial and legal status differentials on several specific measures of occupational risk. Results indicate that undocumented workers face heightened exposure to numerous dimensions of occupational hazard - including higher levels of physical strain, exposure to heights, and repetitive motions - but are less exposed than native workers to some of the potentially most dangerous environments. We also show that undocumented workers are rewarded less for employment in hazardous settings, receiving low or no compensating differential for working in jobs with high fatality, toxic materials, or exposure to heights. Overall, this study suggests that legal status plays an important role in determining exposure to job hazard and in structuring the wage returns to risky work.

  3. "Sometimes they used to whisper in our ears": health care workers' perceptions of the effects of abortion legalization in Nepal.

    Science.gov (United States)

    Puri, Mahesh; Lamichhane, Prabhat; Harken, Tabetha; Blum, Maya; Harper, Cynthia C; Darney, Philip D; Henderson, Jillian T

    2012-04-20

    Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Little is known about health care workers' views on abortion legalization, such as their perceptions of women seeking abortion and the implications of legalization for abortion-related health care. To complement a quantitative study of the health effects of abortion legalization in Nepal, we conducted 35 in-depth interviews with physicians, nurses, counsellors and hospital administrators involved in abortion care and post-abortion complication treatment services at four major government hospitals. Thematic analysis techniques were used to analyze the data. Overall, participants had positive views of abortion legalization - many believed the severity of abortion complications had declined, contributing to lower maternal mortality and morbidity in the country. A number of participants indicated that the proportion of women obtaining abortion services from approved health facilities was increasing; however, others noted an increase in the number of women using unregulated medicines for abortion, contributing to rising complications. Some providers held negative judgments about abortion patients, including their reasons for abortion. Unmarried women were subject to especially strong negative perceptions. A few of the health workers felt that the law change was encouraging unmarried sexual activity and carelessness around pregnancy prevention and abortion, and that repeat abortion was becoming a problem. Many providers believed that although patients were less fearful than before legalization, they remained hesitant to disclose a history of induced abortion for fear of judgment or mistreatment. Providers were generally positive about the implications of abortion legalization for the country and for women. A focus on family planning

  4. [Practical experiences in legal counseling of foreign workers].

    Science.gov (United States)

    Pestalozzi-Seger, G

    1992-09-01

    When foreign workers ask for legal advice, very often their questions concern primarily insurance rights for disability. Most uncertainties exist about specific clauses in the legislation on disability insurance and about the measurings of disability. Primarily, discussions arise from controversy about claims made to the state disability insurance. The legislation on disability insurance establishes strict requirements for foreigners asking for insurance rights for disability. However, the Agreement on Social Security signed worldwide by over 20 nations being more tolerant in terms of disability insurance, Swiss legislation can be applied only to a minority of foreigners. That is why the system of legislation has become so complex. There are two major points that are rigidly to be observed: On one hand, the process of reintegration measures can start only if the prescribed minimum duration of contributions is guaranteed. On the other, proceedings for disability pensions can be initiated only after the currently valid waiting period. In both cases, it is considerably important that the patient has a domicile in Switzerland or a valid residence permit. Numerous disagreements can possibly result during the evaluation of the degree of disability, as certain factors-such as language problems, lack of education or the labour market situation-, which are not directly linked to the disability, are not taken into consideration.

  5. The differing perspectives of workers and occupational medicine physicians on the ethical, legal and social issues of genetic testing in the workplace.

    Science.gov (United States)

    Brandt-Rauf, Sherry I; Brandt-Rauf, Elka; Gershon, Robyn; Brandt-Rauf, Paul W

    2011-01-01

    Genetic testing in the workplace holds the promise of improving worker health but also raises ethical, legal, and social issues. In considering such testing, it is critical to understand the perspectives of workers, who are most directly affected by it, and occupational health professionals, who are often directly involved in its implementation. Therefore, a series of focus groups of unionized workers (n=25) and occupational medicine physicians (n=23) was conducted. The results demonstrated strikingly different perspectives of workers and physicians in several key areas, including the goals and appropriateness of genetic testing, and methods to minimize its risks. In general, workers were guided by a profound mistrust of the employer, physician, and government, while physicians were guided primarily by scientific and medical concerns, and, in many cases, by the business concerns distrusted by the workers.

  6. Migrant Workers, Legal Tactics, and Fragile Family Formation in Hong Kong

    Directory of Open Access Journals (Sweden)

    Nicole Constable

    2013-12-01

    Full Text Available Immigration and labor laws and policies, including employment contracts for temporary workers, are largely intended to protect the rights and privileges of citizens and to limit those of migrant workers. In Hong Kong, “foreign domestic helpers” are prohibited from bringing family members with them and despite legal maternity protections they face many deterrents to being or becoming pregnant. Yet some migrant women nonetheless become mothers in Hong Kong, and learn from friends, partners, nongovernmental organizations and human rights lawyers, to utilize laws and policies – such as the UN Convention Against Torture, labor law and family law – as tactics to establish and maintain a “family” of sorts in the region, at least temporarily. This essay presents ethnographic examples of the tactical use of law by migrant mothers in their efforts to remain in Hong Kong with their children, despite hegemonic pressures against doing so. Las leyes y políticas laborales y de inmigración, incluyendo los contratos de trabajo de los trabajadores temporales, están destinadas principalmente a proteger los derechos y privilegios de los ciudadanos y limitar los de los trabajadores emigrantes. En Hong Kong, "las trabajadoras domésticas extranjeras" tienen prohibido traer miembros de la familia con ellos, y a pesar de las protecciones legales de maternidad se enfrentan a muchos impedimentos si están o se quedan embarazadas. Sin embargo, algunas mujeres emigrantes se convierten en madres en Hong Kong, y aprenden de los amigos, socios, organizaciones no gubernamentales y abogados de derechos humanos a utilizar las leyes y políticas - como la Convención de la ONU contra la Tortura, el derecho laboral y el derecho de familia - como tácticas para establecer y mantener una "familia" tipo en la región, al menos temporalmente. Este ensayo presenta ejemplos etnográficos de la utilización táctica de la ley por las madres emigrantes en sus esfuerzos por

  7. The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards, and Compensating Differentials1

    Science.gov (United States)

    Hall, Matthew; Greenman, Emily

    2014-01-01

    Considerable research and pervasive cultural narratives suggest that undocumented immigrant workers are concentrated in the most dangerous, hazardous, and otherwise unappealing jobs in U.S. labor markets. Yet, owing largely to data limitations, little empirical work has addressed this topic. Using data from the 2004 and 2008 panels of the Survey of Income and Program Participation, we impute legal status for Mexican and Central American immigrants and link their occupations to BLS data on occupational fatalities and occupational hazard data from the Department of Labor to explore racial and legal status differentials on several specific measures of occupational risk. Results indicate that undocumented workers face heightened exposure to numerous dimensions of occupational hazard – including higher levels of physical strain, exposure to heights, and repetitive motions – but are less exposed than native workers to some of the potentially most dangerous environments. We also show that undocumented workers are rewarded less for employment in hazardous settings, receiving low or no compensating differential for working in jobs with high fatality, toxic materials, or exposure to heights. Overall, this study suggests that legal status plays an important role in determining exposure to job hazard and in structuring the wage returns to risky work. PMID:26190867

  8. Supporting the legal Practitioner LKBS or the Web?

    NARCIS (Netherlands)

    Leenes, R.E.; Svensson, Jorgen S.

    1997-01-01

    The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.

  9. Delivering social work services in collaboration with the legal representation for individual clients: An effective, ethical and economical approach to supporting families in child abuse and neglect legal proceedings.

    Science.gov (United States)

    Pott, Robbin

    2017-11-01

    This article discusses the need to improve the quality of helping relationships between families and social workers in the child protection system and the growing body of evidence that teams of social workers and lawyers are effective at improving outcomes in child protection legal proceedings. The author presents an alternative structure of delivering social work services within the child protection systems once a court gets involved with a family, proposing that social workers should focus on individual clients in collaboration with their legal representation, rather than the traditional model of a governmental agency social worker serving the family as a unit as it also determines placement of the children. Pairing the social worker to an individual client in tandem with their legal representative would help resolve the widely observed relationship problems between service users and governmental agency social workers that include the power imbalance created by the agency's authority to determine placement of children, the conflicts of interest that agency workers face when required to manage differing family members' needs, and the lack of protection of the due process right of confidentiality for parties involved in legal proceedings. This alternative structure also impacts the need to use resources more efficiently and has been demonstrated to result in substantial returns on investment. This article concludes that when a family becomes involved in child abuse and neglect legal proceedings, the child welfare agency should shift the delivery of social work services to the individual parties, away from the governmental agency and in conjunction with their legal representation. Copyright © 2017 Elsevier Ltd. All rights reserved.

  10. Hemmed In: Legal Mobilization in in the Los Angeles Anti-Sweatshop Movement

    OpenAIRE

    Cummings, Scott L

    2009-01-01

    The field of labor organizing -- once a site of progressive disenchantment with law -- has now become a crucial locus of law's resurgence. There is mounting evidence that legal innovation is contributing to a new dynamism within the labor movement as immigrant worker centers, community-labor coalitions, and other grassroots alliances creatively use law to mobilize low-wage workers. These efforts suggest that a reorientation is under way within the labor movement, with activists adopting a leg...

  11. Legal Network report calls for decriminalization of prostitution in Canada.

    Science.gov (United States)

    Betteridge, Glenn

    2005-12-01

    In December 2005 the Canadian HIV/AIDS Legal Network released Sex, work, rights: reforming Canadian criminal laws on prostitution. The report examines the ways in which the prostitution-related provisions of the Criminal Code, and their enforcement, have criminalized many aspects of sex workers' lives and have promoted their social marginalization. Evidence indicates that the criminal law has contributed to health and safety risks, including the risk of HIV infection, faced by sex workers. The Legal Network calls for the decriminalization of prostitution in Canada, and for other legal and policy reforms that respect the human rights and promote the health of sex workers. Despite the report's Canadian focus, its human rights analysis is relevant to the situation of sex workers in other countries where prostitution is illegal and sex workers face rights abuses. In this article, Glenn Betteridge, the principal author of the report, briefly sets out the case for law reform.

  12. Reproduction, women, and the workplace: legal issues.

    Science.gov (United States)

    Bertin, J E

    1986-01-01

    Legal conflict has marked the effort to protect workers against reproductive injury, and legal activity in the management of occupational risks reflects a much broader range of important social issues, such as sexual discrimination in the workplace. This article describes the evolving law related to reproductive hazards that concern men, women and children.

  13. Sex workers, unite! (Litigating for sex workers' freedom of association in Russia).

    Science.gov (United States)

    Arps, F S E Freddie; Golichenko, Mikhail

    2014-12-11

    The existing legal framework in Russia makes sex work and related activities punishable offenses, leaving sex workers stigmatized, vulnerable to violence, and disproportionally affected by HIV and other sexually transmitted infections. In 2013, the Ministry of Justice, supported by the courts, refused registration and official recognition to the first all-Russia association of sex workers, referring to the fact that sex work is under administrative and criminal punitive bans and therefore the right of association for sex workers is unjustified. In light of international human rights standards, in particular the jurisprudence of the European Court of Human Rights, we examine in this paper whether the overall punitive legal ban on sex work in Russia is discriminatory. The government's positive obligations concerning discrimination against sex workers whose activities are consensual and between adults, and whose working conditions leave them among society's most vulnerable, should outweigh their punitive laws and policies around sex work. The scope of legal criminalization is narrow: it should apply only in exceptional cases where it is clearly justified. Copyright © 2014 Arps and Golichenko. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  14. 7 CFR Appendix H to Subpart E of... - Suggested Format for the Opinion of the Lender's Legal Counsel

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 14 2010-01-01 2009-01-01 true Suggested Format for the Opinion of the Lender's Legal Counsel H Appendix H to Subpart E of Part 1980 Agriculture Regulations of the Department of Agriculture... Industrial Loan Program Pt. 1980, Subpt. E, App. H Appendix H to Subpart E of Part 1980—Suggested Format for...

  15. Estimation of hand index for male industrial workers of Haryana State

    African Journals Online (AJOL)

    Hand index derived from measured hand dimensions can be used to estimate differences related to sex, age and race in forensic and legal sciences. It has been calculated as percentage of hand breadth over the hand length; which suggests that the male industrial workers population of state belong to mesocheir group of ...

  16. 76 FR 50272 - West, A Thomson Reuters Business, Thomson Reuters Legal Division, Including On-Site Leased...

    Science.gov (United States)

    2011-08-12

    ... DEPARTMENT OF LABOR Employment and Training Administration [TA-W-75,099] West, A Thomson Reuters Business, Thomson Reuters Legal Division, Including On-Site Leased Workers From Adecco, Albuquerque, New... former workers of West, A Thomson Reuters Business, Thomson Reuters Legal Division, including On-Site...

  17. Sexual Harassment: Legal Protection Againts Workers in Malaysia

    OpenAIRE

    Arief, H. Hanafi

    2017-01-01

    Sexual harassment is a criminality that the government of Malaysia should give protection to the victims. Malaysia Criminal Act, Employment Act 1955, and Industrial Relations Act 1967 and Regulation or Act 117 were enforced to do. The protection includes any victim living in Malaysia without discrimination citizens or non-citizens, including labour migrants whether documented or undocumented. Sometimes employer violated their worker's rights because he believes that workers tend not to reveal...

  18. The Training Requirements for the Workers a Legal Instrument to Ensure the Safety Use of the Ionizing Radiation Sources

    International Nuclear Information System (INIS)

    Rosca, G.; Coroianu, A.; Stanescu, G.

    2009-01-01

    Recognizing the need for a graded and commensurate with the practice associated risk approach, the Romanian Regulatory Authority developed the legal framework for defining the roles, duties and responsibilities for the radiation workers (RWs) and the radiological safety officer (RPO). The licensee is responsible to provide for the RWs basic knowledge and understanding of radiation proprieties, good knowledge of the local rules and the operational radiation protection methods and the safety features of the devices, on the job training under the supervision of a RPO or a qualified expert (RPE). Every 5 years the participation to a refresher course is required

  19. 45 CFR 1626.11 - H-2 agricultural workers.

    Science.gov (United States)

    2010-10-01

    ...) Other employment rights as provided in the worker's specific contract under which the nonimmigrant... 45 Public Welfare 4 2010-10-01 2010-10-01 false H-2 agricultural workers. 1626.11 Section 1626.11... ON LEGAL ASSISTANCE TO ALIENS § 1626.11 H-2 agricultural workers. (a) Nonimmigrant agricultural...

  20. Commercial sexual practices before and after legalization in Australia.

    Science.gov (United States)

    Seib, Charrlotte; Dunne, Michael P; Fischer, Jane; Najman, Jackob M

    2010-08-01

    The nature of sex work changes over time for many reasons. In recent decades around the world, there has been movement toward legalization and control of sex economies. Studies of the possible impact of legalization mainly have focused on sexually transmitted infections and violence, with little attention to change in the diversity of sexual services provided. This study examined the practices of sex workers before and after legalization of prostitution. Cross-sectional surveys of comparable samples of female sex workers were conducted in 1991 (N = 200, aged 16-46 years) and 2003 (N = 247, aged 18-57 years) in Queensland, Australia, spanning a period of major change in regulation of the local industry. In 2003, male clients at brothels and private sole operators (N = 161; aged 19-72 years) were also interviewed. Over time, there was a clear increase in the provision of "exotic" sexual services, including bondage and discipline, submission, fantasy, use of sex toys, golden showers, fisting, and lesbian double acts, while "traditional" services mostly remained at similar levels (with substantial decrease in oral sex without a condom). Based on comparisons of self-reports of clients and workers, the demand for anal intercourse, anal play, and urination during sex apparently exceeded supply, especially in licensed brothels. Within this population, legalization of sex work coincided with a substantial increase in diversity of services, but it appears that in the regulated working environments, clients who prefer high risk practices might not dictate what is available to them.

  1. Sex workers talk about sex work: six contradictory characteristics of legalised sex work in Melbourne, Australia.

    Science.gov (United States)

    Begum, Sufia; Hocking, Jane S; Groves, Jan; Fairley, Christopher K; Keogh, Louise A

    2013-01-01

    Despite research suggesting that legal sex work is safe and that emotional risks and social stigma are of greater concern than health risks, much research on sex work has focused on health risks. Given the legalisation of sex work in Victoria, Australia, it is timely to look beyond health. Three focus groups were conducted with a total of 14 female sex workers on their experience of legal sex work, both positive and negative, and the social acceptability of their profession. Thematic analysis was used to identify the key ways that sex workers described sex work. Women saw legal sex work as safer than illegal sex work, but still not socially acceptable. However, they also described six contradictory elements of sex work, which was seen as: financially rewarding and entrapping; empowering and demeaning; increasing some opportunities while reducing others; flexible and demanding; offering both intimacy and competition; and leading to a 'double life'. While legalisation has improved the safety of sex work, stigma and discrimination persist.

  2. 76 FR 61740 - Geneon Entertainment (USA) Including On-Site Leased Workers From Interplace, Inc., Apple One and...

    Science.gov (United States)

    2011-10-05

    ...) Including On-Site Leased Workers From Interplace, Inc., Apple One and Robert Half Legal Santa Monica, CA...-site leased workers from Interplace, Inc., and Apple One, Santa Monica, California. The workers are... from Interplace, Inc., Apple One and Robert Half Legal, Santa Monica, California, who became totally or...

  3. Requiring influenza vaccination for health care workers: seven truths we must accept.

    Science.gov (United States)

    Poland, Gregory A; Tosh, Pritish; Jacobson, Robert M

    2005-03-18

    In this paper we outline the seven primary truths supporting the call for requiring influenza immunization of all health care workers. We view this as a serious patient safety issue, given the clear and compelling data regarding the frequency and severity of influenza infection. In addition, clear-cut safety, efficacy, economic, legal, and ethical platforms support the use of influenza vaccine. Unfortunately health care workers have demonstrated, over almost 25 years that they are unwilling to comply with voluntary influenza immunization programs utilizing a variety of education and incentive programs, at rates sufficient to protect the patients in their care. We suggest that an annual influenza immunization should be required for every health care worker with direct patient contact, unless a medical contraindication or religious objection exists, or an informed declination is signed by the health care worker. High rates of health care worker immunization will benefit patients, health care workers, their families and employers, and the communities within which they work and live.

  4. Occupational health and safety among commercial sex workers.

    Science.gov (United States)

    Ross, Michael W; Crisp, Beth R; Månsson, Sven-Axel; Hawkes, Sarah

    2012-03-01

    The concept of occupational health and safety (OHS) for commercial sex workers has rarely been investigated, perhaps because of the often informal nature of the workplace, the associated stigma, and the frequently illegal nature of the activity. We reviewed the literature on health, occupational risks, and safety among commercial sex workers. Cultural and local variations and commonalities were identified. Dimensions of OHS that emerged included legal and policing risks, risks associated with particular business settings such as streets and brothels, violence from clients, mental health risks and protective factors, alcohol and drug use, repetitive strain injuries, sexually transmissible infections, risks associated with particular classes of clients, issues associated with male and transgender commercial sex workers, and issues of risk reduction that in many cases are associated with lack of agency or control, stigma, and legal barriers. We further discuss the impact and potential of OHS interventions for commercial sex workers. The OHS of commercial sex workers covers a range of domains, some potentially modifiable by OHS programs and workplace safety interventions targeted at this population. We argue that commercial sex work should be considered as an occupation overdue for interventions to reduce workplace risks and enhance worker safety.

  5. An analysis of the legal protection of pregnancy and maternity at the workplace in Malaysia

    OpenAIRE

    Bhatt, Jashpal Kaur

    2017-01-01

    This thesis examines the scope of the legal protection of pregnancy and maternity with respect to private sector workers in Peninsular or West Malaysia. The analysis focuses on how effectively the law deals with the adverse or unfavourable treatment of women workers in respect of pregnancy and maternity. The feminized workplace in Malaysia is assessed to determine the manner in which women’s ‘double burden’ in productive and reproductive labour results in the various legal issues fac...

  6. Self-Employed Foreign Workers In Spain

    Directory of Open Access Journals (Sweden)

    María Trinidad Luisa García

    2014-11-01

    Full Text Available This is a full study of the legal system applicable to selfemployed foreigners wishing to carry out an economic activity in Spain. The focus varies according to the country of origin of the individual, whether it lies within the European Economic Community, whether it is a country with which the European Union has co-operation and association agreements or finally, whether it is under the general regime. The utilitarian perspective which considers immigration as necessary manual labour has justified more efficient legal mechanisms to facilitate the employment of immigrant manual workers. These mechanisms do not apply to self-employed workers. The lack of interest of legislators in this type of worker is highlighted by the suppression of motivation and refusal of the mandatory visa. The detailed analysis of the anticipated administrative requirements emphasises that within the labour legislation for immigrants there is a marked difference between those who work for an employer and those who are self-employed and there is no correspondence or comparison with the more far reaching policies of the labour doctrine with regard to the rights and guarantees of both categories of workers.

  7. Abused and Alone: Legal Redress for Migrant Domestic Workers in Malaysia

    Directory of Open Access Journals (Sweden)

    Jennifer Whelan

    2016-04-01

    Full Text Available Since independence, Malaysia’s rapid economic development has relied on Malaysian workers moving from rural-to-rural and rural-to-urban areas as well as on migrant workers, especially from ASEAN countries such as Indonesia, the Philippines, and Thailand and also from South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW receiving country specifically in relation to the barriers to MDW bringing claims where their rights have been breached. This article has identifies the relevant policy, legislative and support mechanism (NGO and government landscape in Malaysia regarding the realisation of the rights of migrant domestic workers in Malaysia to bring claims where their rights have been breached (particularly the differences between Malaysia’s treatment of domestic workers as compared to other migrant workers; best practice examples of the relevant policy, legislative and support mechanism (NGO and government landscapes in at least 2 ‘best practice’ MDW receiving countries regarding the realisation of the rights of MDW to bring claims where their rights have been breached; and potential opportunities for policy, legislative and support mechanism reform in Malaysia to further enhance the realisation of the rights of MDW in Malaysia specifically in relation to redress mechanisms for breaches of the rights of MDW.

  8. Abused and Alone: Legal Redress for Migrant Domestic Workers in Malaysia

    OpenAIRE

    Whelan, Jennifer; Nordin, Rohaida; Ishak, Ma Khaltum; Matwi, Nursyuhada; Zahari, Siti Nurimani; Mekler, Nicole; Thiyagarajan, Amritha

    2016-01-01

    Since independence, Malaysia’s rapid economic development has relied on Malaysian workers moving from rural-to-rural and rural-to-urban areas as well as on migrant workers, especially from ASEAN countries such as Indonesia, the Philippines, and Thailand and also from South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The o...

  9. 76 FR 27365 - West, A Thomson Reuters Business, Thomson Reuters Legal Division, Including On-Site Leased...

    Science.gov (United States)

    2011-05-11

    ... DEPARTMENT OF LABOR Employment and Training Administration [TA-W-75,099] West, A Thomson Reuters Business, Thomson Reuters Legal Division, Including On-Site Leased Workers From ADECCO, Albuquerque, NM... Adjustment Assistance (TAA) applicable to workers and former workers of West, A Thomson Reuters Business...

  10. Cross-species correlation between queen mating numbers and worker ovary sizes suggests kin conflict may influence ovary size evolution in honeybees

    Science.gov (United States)

    Rueppell, Olav; Phaincharoen, Mananya; Kuster, Ryan; Tingek, Salim

    2011-09-01

    During social evolution, the ovary size of reproductively specialized honey bee queens has dramatically increased while their workers have evolved much smaller ovaries. However, worker division of labor and reproductive competition under queenless conditions are influenced by worker ovary size. Little comparative information on ovary size exists in the different honey bee species. Here, we report ovariole numbers of freshly dissected workers from six Apis species from two locations in Southeast Asia. The average number of worker ovarioles differs significantly among species. It is strongly correlated with the average mating number of queens, irrespective of body size. Apis dorsata, in particular, is characterized by numerous matings and very large worker ovaries. The relation between queen mating number and ovary size across the six species suggests that individual selection via reproductive competition plays a role in worker ovary size evolution. This indicates that genetic diversity, generated by multiple mating, may bear a fitness cost at the colony level.

  11. Alzheimer's disease and the law: positive and negative consequences of structural stigma and labeling in the legal system.

    Science.gov (United States)

    Werner, Perla; Doron, Israel Issi

    2017-11-01

    To explore the meaning and consequences of labeling on structural stigma in the context of Alzheimer's disease (AD) in the legal system. This qualitative study was made up of three focus groups including social workers and lawyers (n = 26). Participants were asked to report their experience in circumstances in which persons with AD and their family members engage with the legal system. Thematic analysis using the constant comparative method was used. The discussions in the focus groups raised two overall themes. (1) The significance of the medical diagnostic labeling of AD in the legal system and (2) the consequences of labeling of AD within the legal system. This last theme included four sub-themes: (a) negative consequences of labeling; (b) reasons associated with negative consequences of labeling; (c) positive consequences of labeling; and (d) reasons associated with positive consequences of labeling. Findings of the study provide a first foundation for future research on the meaning and consequences of labeling in legal cases involving persons with AD. They suggest that increasing judges' knowledge about AD and reforming the existing 'status-based' legal capacity legislation might benefit by limiting the legal weight given today to the medical diagnosis.

  12. Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

    Science.gov (United States)

    Otgaar, Henry; Sauerland, Melanie; Petrila, John P

    2013-01-01

    The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

  13. Suggested Methods for Assessment of Accidental External Exposure and Internal Contamination of Workers and their Medical Management

    International Nuclear Information System (INIS)

    Mahmoud, K.A.; Morsy, Samira M.; Hanna, I.R.A.; Hafez, M.B.; Mohamed, H.O.; Jahns, E.; Saied, F.I.A.

    1969-01-01

    Certain assumptions are given for the amount of fission products released from a research reactor after the occurrence of an accident. The size and location of radioactive cloud are assumed, and the corresponding external and internal exposures of workers are computed. A method is suggested for assessment of accidental external radiation dose based on experimental studies performed on the changes of quenching effect of plasma or sera as a.result of whole- body gamma-radiation ranging from 25-200 rems. For assessment of accidentally internally incorporated gamma emitters we suggest the standard chair whole-body counter technique which was found to detect reliably 1/100 of the maximum permissible body burden within eight minutes. It was also suggested that a separation method based on the use of absorption phenomena observed for Sephadex (gel resin) can be applied for quick determination of gross alpha activity in urine. For management of accidentally exposed workers to radiation doses of a lethal or sublethal nature, bone-marrow transplantation therapy and blood component therapy in sterile rooms is discussed in the light of experience gained from treatment of leukaemia with intensive chemotherapy. (author)

  14. [Temporary disability and its legal implications].

    Science.gov (United States)

    Martin-Fumadó, Carles; Martí Amengual, Gabriel; Puig Bausili, Lluïsa; Arimany-Manso, Josep

    2014-03-01

    Temporary disability is the condition that workers face when, as the result of illness (common or professional) or accident (work-related or not), they are temporarily prevented from performing their work and require health care. The management of temporary disability is a medical act that involves (in addition to a complex clinical assessment) obvious social, occupational and financial connotations and requires continuing medical follow-up from doctors, as well as responses to medical-legal conflicts. The regulatory framework on the subject is extensive in the Spanish setting and highly diverse in the European setting. Beyond the regulatory framework, the repercussions of temporary disability are self-evident at all levels. Although determining temporary disability is a common medical act for practicing physicians, it is not exempt from risks or difficulties arising from the assessment itself and the characteristics of practicing medical care. Established medical-legal conflicts include the processing of health data and the requirements for transferring information related to workers' temporary disability to their company's medical services. The interest and usefulness demonstrated by the data obtained from forensic medicine for public health require the incorporation of these data into general healthcare information, as it could be essential to the surveillance of worker health. The recommendations established by medical societies, as good practice guidelines, are especially useful in this type of conflict. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  15. Trappings of technology: casting palliative care nursing as legal relations.

    Science.gov (United States)

    Larsen, Ann-Claire

    2012-12-01

    Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.

  16. Ground-breaking research into Ghanaian sex-workers suggests high awareness. Country surveys.

    Science.gov (United States)

    1996-02-01

    The first nationwide research into prostitution in Ghana has been completed by Dr. Matilida Pappoe. She has found that there has been exponential growth in prostitution over the past three years in the country. While 10 years ago, people would not openly talk about prostitution, now that people's friends are increasingly entering the trade, people freely discuss prostitution. The research indicates that this growth is linked to the negative effects of macroeconomic policies aimed at economic growth, such as structural adjustment. For example, 39 of 121 sex workers studied claimed to have begun working as a prostitute after their trading businesses collapsed. Study findings suggest a high level of AIDS awareness among Ghanaian prostitutes. Prostitutes in Ghana are considered to be either seaters or roamers. Seaters are a loosely organized group of women who tend to work from a common compound, attracting customers by sitting in the doorway of their rooms. They typically report to an older retired sex worker who settles disputes and raises credit if one of the women must pay a police fine. Seaters are largely 30-45 years old and work in industrial centers. Roamers, however, tend to be 20-30 years old, work in coastal towns, and are usually better educated. They move from place to place and are probably at lower risk of contracting HIV due to the higher rates they charge and the correspondingly lower number of clients they entertain. Roamers seem to have higher rates of condom use and clients who are aware of the dangers. Roamers, too, are not organized as a group and may even often be highly competitive. Their work in the isolation of hotels makes them particularly vulnerable. Economic necessity has therefore increasingly drawn Ghanaian women into the sex trade, while Ghanaian men who typically support two or three women in exchange for sex, but can no longer do so due to current economic conditions, turn to occasional sex with prostitutes. This paper notes that

  17. The Protection Right to Mental Health of the Worker in Face of the Work Organizations Contemporary: Analysis of the Legal Effectiveness of the Fundamental Right about the Omission Regulatory

    Directory of Open Access Journals (Sweden)

    Leandro Cioffi

    2015-12-01

    Full Text Available Study on the theme of the protection right to mental health of the worker, with category of bibliographic research, with the objective of verifying the possible effectiveness of this right in the environments and contemporary work organizations, from the understanding of the modes of production and forms of execution of work, psychosocial risks and some consequential occupational diseases, the identification of outdating of the protection right to mental health of the workers that imply losses in the effective protection of mental health of such persons, and understanding of this right in the perspective of the fundamental rights and hermeneutical issues involved for their achievement, having the dialectic as method of approach, putting in conflict the concrete element seated in structuring the environment and working organization and its detrimental consequences to mental health worker, with the abstract element seated in the current norms of protection to mental health of the worker, related fundamental rights and involved hermeneutical questions, as a technical procedure, the bibliographic study of books, articles published in journals, handbooks, adding the use of legal documents.

  18. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  19. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  20. Health protection of radiation workers

    International Nuclear Information System (INIS)

    Norwood, W.D.

    1975-01-01

    This textbook is addressed to all those concerned with the protection of radiation workers. It provides full coverage of the implications of radiation in exposed workers, and, after a chapter outlining, in simple terms, the basic facts about radiation, deals with measurement of ionising radiation; radiation dosimetry; effectiveness of absorbed dose; general biological effects of ionising radiation; somatic effects of radiation; the acute radiation syndrome; other somatic effects; hereditary effects; radiation protection standards and regulations; radiation protection; medical supervision of radiation workers; general methods of diagnosis and treatment; metabolism and health problems of some radioisotopes; plutonium and other transuranium elements; radiation accidents; emergency plans and medical care; atomic power plants; medico-legal problems

  1. Migrant workers and labor market segmentation in Japan.

    Science.gov (United States)

    Mori, H

    1994-01-01

    The amended Immigration Control Act of 1990 focused on 1) redefinition of the resident status of foreign nationals, 2) clarification of immigration regulations, and 3) countermeasures to cope with the problem of illegal migrant workers. Tough penalties were introduced for illegal employment. The reform paved the way for third generation Nikkei (foreigners of Japanese ancestry) and also opened the door to non-Nikkei married to second generation Nikkei to reside in the country. The migration of Nikkei workers to Japan dates back to the beginning of the 1980s. The Technical Intern Training Program introduced in 1993 also opened a legal channel for the employment of unskilled or semi-skilled foreigners. The categories of foreign workers were heavily concentrated in the automobile and electric appliances industries, mostly as assembly line workers. Foreign students and clandestine workers had a wider dispersion in the labor force than the Nikkei. Students often find work in the urban service sector while attending school. Clandestine male workers predominate in the construction industry as unskilled workers. According to the size of firms, small firms had had the most acute labor shortages in the past 15 years prior to 1994, especially in the late 1980s. The Immigration Law of 1990 brought major changes in the hiring practices of large firms that began hiring legal workers such as the Nikkei, while small firms continued hiring clandestine workers from Asian countries. Foreign workers also earned almost as much as native part-time workers and sometimes even outstripped native seasonal workers. In terms of wages, Nikkei South Americans were on the top followed by Pakistanis, Bangladeshis, Sri Lankans, Nepalese, Ghanians, and Iranians on the bottom. Unskilled foreign workers generally had a high turnover rate with the Nikkei showing the lowest rate. Only 7% of the Nikkei changed jobs more than four times vs. 16-17% of foreign students and 21% of clandestine workers.

  2. Women's Experience in the Workers' Compensation System.

    Science.gov (United States)

    Guthrie, Robert; Jansz, Janis

    2006-09-01

    Gender differences is a question of major importance within workers' compensation given the increased role of women in the workforce over the past several decades. This article reviews literature relating to women's experiences following work injury. An Australian study is used as background to exploring the broad issue of the question of gender equity in workers' compensation. In doing so it takes account of historical, legal and medical issues. Women's experience in the workers' compensation system is different to that of men due to a range of factors. It is heavily influenced by the industrial environment in which they work. Women are paid less than men in many instances and work in gender-segregated circumstances, which often reduces their industrial bargaining power. Women also suffer different forms of injury and disease to men because of the different nature of their work. The Australian experience suggests that as a consequence of the combination of lesser industrial bargaining power, lower wages and differing forms of injury and disease women often receive less than men in compensation payments, struggle to obtain equity in the dispute resolution process and experience greater difficulties in returning to work following injury or disease.

  3. POSTED WORKERS IN THE TRANSNATIONAL PROVISION OF SERVICES – TREATMENT AND OBLIGATIONS OF EMPLOYERS

    Directory of Open Access Journals (Sweden)

    Mihaela Catană

    2013-11-01

    Full Text Available This study aims to clarify some issues concerning the rules applicable to posted workers within the framework of the transnational provision of services and obligations incumbent upon employers, both of those the post and the provision of services to beneficiaries , issues raises a number of practical problems with regard to the distinction in regulating the notion of posting, relative to the internal regulation of the Labour Code (Act 53/2003 - republished on the one hand and the European legislation by the other hand. Thus, the contractual relationships between the employer post their workers to perform work for the benefit of its contractual partner, must be very defined very clearly the relationships between employees and employer posted in Romania and that to which they are posted abroad and the obligations each of them. In preparing this paper were used qualitative and quantitative research methods specific depth research of legal sciences, the sociological method, deductive method on regulations, concepts and theories, comparative method. Expected results of the study consist of a summary of the main regulations, solutions and doctrinal views on the development of an suggestions of law, clarification of the regulations with significance implications for business, citizens in their capacity as workers and also for legal practitioners.

  4. Structure and agency: reflections from an exploratory study of Vancouver indoor sex workers.

    Science.gov (United States)

    Bungay, Vicky; Halpin, Michael; Atchison, Chris; Johnston, Caitlin

    2011-01-01

    Sex work research continues to be characterised by debates around decriminalization. Central to these debates are claims about the agency of those involved in the sex trade. Some researchers argue that individuals involved in the sex trade are victims of structural and interpersonal constraint, whilst others depict them as workers exercising choice. Drawing on structure-agency theory, a review of legal and media accounts of the sex trade and qualitative interviews with 21 indoor sex workers in Vancouver, Canada, we argue that both of these perspectives are insufficient. Rather than reducing the sex trade to part of a binary, we suggest that it is necessary to analyse sex work through the complex interplay of both structure and agency. Specifically, structural analyses undercover the numerous ways that sex workers are controlled, observed and influenced whilst agency perspectives elicit the means that sex workers continue to exercise control in spite of disadvantage. While we do not finalise decriminalisation debates, we do critique current Canadian laws for the lack of responsiveness to the lives of sex workers and their exploitative and contradictory stance on sex work.

  5. "Contract to Volunteer": South African Community Health Worker Mobilization for Better Labor Protection.

    Science.gov (United States)

    Trafford, Zara; Swartz, Alison; Colvin, Christopher J

    2018-02-01

    In this paper, we explore the increasing activity around labor rights for South African community health workers (CHWs). Contextualizing this activity within broader policy and legal developments, we track the emergence of sporadic mobilizations for decent work (supported by local health activist organizations) and subsequently, the formation of a CHW union. The National Union of Care Workers of South Africa (NUCWOSA) was inaugurated in 2016, hoping to secure formal and secure employment through government and the consequent labor and occupational health protections. Various tensions were observed during fieldwork in the run up to NUCWOSA's formation and raise important questions about representation, legitimacy, and hierarchies of power. We close by offering suggestions for future research in this developing space.

  6. Legal briefing: conscience clauses and conscientious refusal.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States. Healthcare providers' own moral beliefs have been obstructing and are expected to increasingly obstruct patients' access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs. There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing - on ethical, moral, or religious grounds healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse 2. Abortion: duty to provide 3. Contraception: right to refuse 4. Contraception: duty to provide 5. Sterilization: right to refuse 6. Fertility, HIV, vaccines

  7. Legal Approaches to Combating the Exploitation of Third-Country National Seasonal Workers

    NARCIS (Netherlands)

    Rijken, Conny

    2015-01-01

    The Directive on Seasonal workers is aimed at combating exploitative practices vis-a-vis seasonal workers from outside the EU. After a thorough analysis of the conditions under which practices can be qualified as exploitative, this article assesses the extent to which the directive is equipped to

  8. Medico Legal Autopsies In Aba, Nigeria | Offiah | Abia State ...

    African Journals Online (AJOL)

    To determine the pattern of medico legal autopsies performed between January 2001 to December 2005 so as to highlight any differences or similarities to the observation of workers in other parts of the country and/or world. A hospital based retrospective analysis of coroner's autopsies in Abia State University Teaching ...

  9. Children's Memory for Their Mother's Murder: Accuracy, Suggestibility, and Resistance to Suggestion.

    Science.gov (United States)

    McWilliams, Kelly; Narr, Rachel; Goodman, Gail S; Ruiz, Sandra; Mendoza, Macaria

    2013-01-31

    From its inception, child eyewitness memory research has been guided by dramatic legal cases that turn on the testimony of children. Decades of scientific research reveal that, under many conditions, children can provide veracious accounts of traumatic experiences. Scientific studies also document factors that lead children to make false statements. In this paper we describe a legal case in which children testified about their mother's murder. We discuss factors that may have influenced the accuracy of the children's eyewitness memory. Children's suggestibility and resistance to suggestion are illustrated. Expert testimony, based on scientific research, can aid the trier of fact when children provide crucial evidence in criminal investigations and courtroom trials about tragic events.

  10. The doctor in claims for work injuries and ill health--legal pitfalls.

    Science.gov (United States)

    Lee, See-Muah; Sng, Judy; Koh, David

    2009-08-01

    Occupational health work is currently undertaken by the specialist and the non-specialist physician alike. The work scope can vary from medical assessments of individual workers to health risk assessment at the workplace. The scope of the latter will include evaluation of exposures, hazards, risks and its management to control these risks. Much of the case law governing legal disputes over industrial safety and health have involved the employers. Over the years, the actions brought forth by workers have resulted in a formidable volume of case law based on statutes and on the common law of negligence in tort. Disputes over the assessment of workers' health or workplace health risks to the extent that it is a failure to discharge a reasonable standard of care, may result in the doctor being a defendant. Measures to prevent these legal pitfalls include communication with employers about the causative link of the illness suffered to workplace factors and the clarity of contractual obligations undertaken with regard to workplace health risk assessment.

  11. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  12. The Dark Side of Workers' Compensation: Burdens and Benefits in Occupational Disease Coverage.

    Science.gov (United States)

    Robblee, Richard

    1978-01-01

    The imposition of legal proof requirements to detect occupational disease and the burden that this places on compensation claimants and the medical profession are examined, along with various court decisions, present legislation, and revision proposals to improve disease diagnosis and the legal treatment of occupationally disabled workers. (MF)

  13. [The 20th century legal framework regarding risk at work and occupational health in Colombia].

    Science.gov (United States)

    Arango-Soler, Juan M; Luna-García, Jairo E; Correa-Moreno, Yerson A; Campos, Adriana C

    2013-01-01

    Analyzing the 20th century Colombian legal framework from the point of view of labor law, social security and public health for identifying concepts regarding occupational health and professional risk and trying to establish convergence and differences between such foci and whether they fulfilled a complementary view. This work involved documentary research by means of thematic categorical analysis of the laws and statutes promulgated in 20th century Colombia, considering the main element or entity which should have regulated that related to professional risk or occupational health. The development of the 20th century Colombian legal framework regarding health at work was periodized, revealing the predominance of a view of social law focused on protecting dependent workers' work-related risks, as part of a tendency extending to the Colombian Sistema General de Riesgos Laborales. The proposed stages used for organizing the legal framework concerning social security regarding professional risk and occupational health facilitated some important elements being recognized concerning the social, legal and institutional context from which workers' health laws emerged. Tension was noted concerning statutes orientated towards redress and compensation regarding accidents at work and legislation emphasizing prevention.

  14. Cannabis, pesticides and conflicting laws: the dilemma for legalized States and implications for public health.

    Science.gov (United States)

    Stone, Dave

    2014-08-01

    State laws on the legalization of medical and recreational cannabis are rapidly evolving. Similar to other crops, cannabis is susceptible to multiple pests during cultivation. Growers have an economic incentive to produce large yields and high quality plants, and may resort to pesticides to achieve these outcomes. Currently, there are no pesticides registered for cannabis in the United States, given its illegal status by the federal government. This discrepancy creates a regulatory vacuum and dilemma for States with legal medical and recreational cannabis that seek to balance lawful compliance with pesticides and worker or public health. Pesticide use presents occupational safety issues that can be mitigated through established worker protection measures. The absence of approved products for cannabis may result in consumer exposures to otherwise more hazardous pesticides or higher residue levels. While many legal and scientific hurdles exist to register conventional pesticides for use on cannabis, legalized States have explored other opportunities to leverage the present regulatory infrastructure. Stakeholder engagement and outreach to the cannabis industry from credible sources could mitigate pesticide misuse and harm. Copyright © 2014 Elsevier Inc. All rights reserved.

  15. Standardization and workers' protection legislation

    International Nuclear Information System (INIS)

    Kliesch, G.

    1979-01-01

    There are distinct laws guaranteeing the protection of workers in the social and medical field, but the protection of workers in the technical field is based on a simple, general clause relating to technical standards, i.e. to a confusing variety of regulations. The author therefore asks for DIN standards to be set up in order to achieve a consistent and uniform set of rules and regulations. He furthermore points out that it is up to the government to initiate appropriate procedures within the framework of constitutional law towards solving the essential problem, namely that of directly incorporating technical expert knowledge in legal provisions. (HSCH) [de

  16. Legal content of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the united nations general assembly by resolution 45/158 of 18 December 1990.

    Directory of Open Access Journals (Sweden)

    Aurelia Álvarez Rodríguez

    2016-10-01

    Full Text Available The author makes a detailed analysis of the legal contents of the International Convention on the Protection of the Rights of all Migrant workers and their Families, adopted by the General Assembly of the United Nations in the Resolution 45/158 of December 1990. The objectives of the Convention, the personal spehere of application, the Human Rights of all migrant workers and their families wether they be regular of iregular are presented throughout the article. Finally, the practical effectiveness of the Convention is analyzed concluding with the importance of its ratification by the largest number of States possible.

  17. Informal Workers in Thailand: Occupational Health and Social Security Disparities.

    Science.gov (United States)

    Kongtip, Pornpimol; Nankongnab, Noppanun; Chaikittiporn, Chalermchai; Laohaudomchok, Wisanti; Woskie, Susan; Slatin, Craig

    2015-08-01

    Informal workers in Thailand lack employee status as defined under the Labor Protection Act (LPA). Typically, they do not work at an employer's premise; they work at home and may be self-employed or temporary workers. They account for 62.6 percent of the Thai workforce and have a workplace accident rate ten times higher than formal workers. Most Thai Labor laws apply only to formal workers, but some protect informal workers in the domestic, home work, and agricultural sectors. Laws that protect informal workers lack practical enforcement mechanisms and are generally ineffective because informal workers lack employment contracts and awareness of their legal rights. Thai social security laws fail to provide informal workers with treatment of work-related accidents, diseases, and injuries; unemployment and retirement insurance; and workers' compensation. The article summarizes the differences in protections available for formal and informal sector workers and measures needed to decrease these disparities in coverage. © The Author(s) 2015.

  18. Condom use among female commercial sex workers in Nevada's legal brothels.

    Science.gov (United States)

    Albert, A E; Warner, D L; Hatcher, R A; Trussell, J; Bennett, C

    1995-01-01

    OBJECTIVES. The purpose of this study was to evaluate condom use and the incidence of breakage and slippage during vaginal intercourse among female prostitutes in legal Nevada brothels, where use of condoms is required by law. METHODS. Forty-one licensed prostitutes in three brothels were enrolled in a prospective trial in August 1993. Used condoms were collected to verify reported breaks visually. Retrospective breakage and slippage rates were obtained in a standardized interview. RESULTS. Condoms were used for every act of vaginal intercourse with a brothel client during the study period, as well as in the previous year. In the prospective study phase, condoms were used in 353 acts of vaginal intercourse with clients. No condoms broke, and none fell off the penis during intercourse. Only twice (0.6%) did condoms completely fall off during withdrawal. Twelve times (3.4%) during intercourse and 15 times (4.3%) during withdrawal, condoms slipped down the penis but did not fall off. CONCLUSIONS. These findings, among the lowest breakage and slippage rates published, suggest that regular condom use may lead to condom mastery and the development of techniques to reduce the likelihood of breakage and slippage. PMID:7485663

  19. Use of attorneys and appeal filing in the Washington State workers' compensation program: does patient satisfaction matter?

    Science.gov (United States)

    Wickizer, Thomas M; Franklin, Gary; Turner, Judith; Fulton-Kehoe, Deborah; Mootz, Robert; Smith-Weller, Terri

    2004-04-01

    Specify the frequency with which injured workers in Washington State's compensation system retained an attorney or filed an appeal, and the personal and job-related correlates of these actions. Analyze the relationship between workers' legal actions and their satisfaction in two domains: how well the claim was managed administratively, and how well the worker and claim manager communicated with one another. Characterize the relationship between retaining an attorney and long-term disability. Little is known about how often injured workers retain attorneys or file appeals in the workers' compensation system. We conducted a population-based study to examine the frequency of attorney retention and appeal filing in the Washington State workers' compensation program and the factors related to this event. Data for the study were provided by a survey conducted on 804 injured workers who were interviewed an average of 159 days after claim receipt. Attorney retention and appeal filing were examined up to 28 months later. Seven percent of the workers either retained an attorney or filed an appeal. Workers who were less satisfied with claims administration procedures were more likely to retain an attorney or file an appeal (Pclaim receipt to attorney retention (368 days) suggests that retaining an attorney is a correlate rather than a predictor of long-term disability.

  20. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

    The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed

  1. [Hygiene and legal aspects of occupational exposure assessment to cytostatics].

    Science.gov (United States)

    Kupczewska-Dobecka, Małgorzata; Pałaszewska-Tkacz, Anna; Czerczak, Sławomir; Konieczko, Katarzyna

    2018-01-01

    The employers responsibilities for the assessment of occupational exposure to cytostatics in the workplace were analyzed in the light of existing legal regulations. Cytostatics may pose a threat to health and life of workers taking care of patients treated oncologically, i.e., pharmacists, physicians, nurses and other personnel. The significant scale of occupational exposure to cytostatics in Poland is confirmed by the data collected in the Central Register of Data on Exposure to Carcinogenic or Mutagenic Substances, Mixtures, Agents or Technological Processes, maintained by the Nofer Institute of Occupational Medicine, Łódź, Poland. The issue of occupational risk assessment of exposure to cytostatics gives raise to numerous concerns. Polish regulations concerning health protection of employees occupationally exposed to cytostatics are not unequivocal, as they are derived from different areas of the law, especially those applying to hazard classification, labeling and preparation of safety data sheets for cytostatics. There are neither binding occupational exposure limits legally set for active compounds of antineoplastic drugs nor methods for monitoring of these substances concentrations in a worker's breathing zone and biological material. This prevents the employer to carry out the correct assessment of occupational exposure, the results of which are the basis for preparing the proper preventive strategy. In this article the consequences of amendments to the European chemical legislation for employers responsible for adequate protection of health and life of employees exposed to cytostatics, were discussed, as well as some legal changes aimed at a better health and life protection of workers exposed to cytostatics in a workplace were proposed. Med Pr 2018;69(1):77-92. This work is available in Open Access model and licensed under a CC BY-NC 3.0 PL license.

  2. Informal Workers in Thailand: Occupational Health and Social Security Disparities

    Science.gov (United States)

    Kongtip, Pornpimol; Nankongnab, Noppanun; Chaikittiporn, Chalermchai; Laohaudomchok, Wisanti; Woskie, Susan; Slatin, Craig

    2018-01-01

    Informal workers in Thailand lack employee status as defined under the Labor Protection Act (LPA). Typically, they do not work at an employer’s premise; they work at home and may be self-employed or temporary workers. They account for 62.6 percent of the Thai workforce and have a workplace accident rate ten times higher than formal workers. Most Thai Labor laws apply only to formal workers, but some protect informal workers in the domestic, home work, and agricultural sectors. Laws that protect informal workers lack practical enforcement mechanisms and are generally ineffective because informal workers lack employment contracts and awareness of their legal rights. Thai social security laws fail to provide informal workers with treatment of work-related accidents, diseases, and injuries; unemployment and retirement insurance; and workers’ compensation. The article summarizes the differences in protections available for formal and informal sector workers and measures needed to decrease these disparities in coverage. PMID:25995374

  3. ABC of women workers' rights and gender equality

    CERN Document Server

    2007-01-01

    This second-editioned publication presents important information relevant to women workers in entries on sexual harassment, women in development, the glass ceiling and many more. With an easy-to-follow, this book provides an essential tool raising awareness and legal literacy on gender equality issues.

  4. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  5. Evaluation of legal aspects of activities involving radiations: proposal for a new legislation

    International Nuclear Information System (INIS)

    Borges, Jose C.

    1997-01-01

    The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs

  6. Protecting posterity: the occupational physician's ethical and legal obligations to pregnant workers.

    Science.gov (United States)

    Feitshans, Ilise L

    2002-01-01

    This article describes Federal and international codes and laws that relate to protection from reproductive hazards in the workplace. Occupational health practitioners are advised to shift their approach from managing the technical aspects needed to protect individual workers to the more global approach of effecting policy and supporting enforcement in the realm of reproductive health. This broader view will not only better protect women and children but will better serve the interest of society in replacing all existing workers and perpetuating civilization for posterity.

  7. THE INACCESSIBILITY OF JUSTICE FOR MIGRANT WORKERS: A CAPABILITIES-BASED PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Bethany Hastie

    2018-02-01

    Full Text Available This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations.   Cet article porte sur les obstacles auxquels se heurtent les travailleurs migrants lorsqu’ils tentent d’avoir accès à la justice, notamment en ce qui concerne les moyens d’exercer des recours en justice ou d’obtenir réparation, ainsi que sur l’écart manifeste entre les signalements de cas d’exploitation de travailleurs migrants et la jurisprudence connexe actuelle. En se fondant sur des recherches empiriques et en utilisant comme cadre conceptuel l’approche axée sur les capacités, l’auteure de cet article montre que la structure de réglementation du Programme des travailleurs étrangers temporaires restreint sensiblement la capacité des travailleurs migrants de faire valoir leurs droits au travail et d’exercer des recours juridiques efficaces lorsque leurs droits sont bafoués.

  8. Constitutional limits on the exercise of power by management using CIT and other means for surveillance and private security under the Spanish legal system

    Directory of Open Access Journals (Sweden)

    María del Carmen López Aniorte

    2014-11-01

    Full Text Available This paper provides analysis from a legal perspective on the conflict between fundamental right of to privacy of workers, and the exercise of power by management using means to capture image or sound, the control of the tools of information technology, and engaging detectives – professionals who currently possess innovative devices that enhance the efficacy of their investigation, but raise questions regarding their constitutionality. The Constitutional Tribunal admits that these means for monitoring are legal, as long as the measures taken are justified, appropriate, necessary and balanced. Furthermore, the casuistic nature of this law allows for the adoption of contradictory legal solutions in analogous or identical cases, generating a situation of legal insecurity, affecting the workers, the business owners, and the detectives they engage, when there is no clear delimitation for the legal context of their actions. DOI: http://dx.doi.org/10.5377/rpsp.v4i1.1554

  9. Experiences and opinions of health-care professionals regarding legal abortion in Mexico City: a qualitative study.

    Science.gov (United States)

    Contreras, Xipatl; van Dijk, Marieke G; Sanchez, Tahilin; Smith, Patricio Sanhueza

    2011-09-01

    This study examines the experiences and opinions of health-care professionals after the legalization of abortion in Mexico City in 2007. Sixty-four semistructured interviews were conducted between 1 December 2007 and 16 July 2008 with staff affiliated with abortion programs in 12 hospitals and 1 health center, including obstetricians/gynecologists, nurses, social workers, key decisionmakers at the Ministry of Health, and others. Findings suggest that program implementation was difficult because of the lack of personnel, space, and resources; a great number of conscientious objectors; and the enormous influx of women seeking services, which resulted in a work overload for participating professionals. The professionals interviewed indicate that the program improved significantly over time. They generally agree that legal abortion should be offered, despite serious concerns about repeat abortions. They recommend improving family planning campaigns and post-procedure contraceptive use, and they encourage the opening of primary health-care facilities dedicated to providing abortion services.

  10. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  11. Reflecting on the politics of federal worker health and safety protections, 1962-2012: an interview with Donald Elisburg.

    Science.gov (United States)

    Weinstock, Deborah

    2013-01-01

    Donald Elisburg has spent his career advocating on behalf of workers. Trained as a labor lawyer, Mr. Elisburg has legal, legislative, policy development, and executive management experience in the fields of labor standards, workers' compensation, environmental and occupational safety and health, wages and hours, and employment and training. In the interview, Elisburg shares his insights on how to move a bureaucracy to advance worker health and safety and workers' rights.

  12. The Court of Justice of the European Union and Fixed-term Workers

    DEFF Research Database (Denmark)

    de la Porte, Caroline; Emmenegger, Patrick

    Fixed-term work benefits employers and increases the prospects of employability of various categories of workers, but it is inherently precarious with regard to dismissal protection and the risk of recurrent fixed-term contracts. Furthermore, workers on this type of contract are vulnerable also...... that the fixedterm work directive is used as an entry point to address the equal treatment of workers, and that it is the principle of anti-discrimination that provides the legal basis for judgements. Equal treatment is affirmed, in the cases analysed, in relation to different provisions of labour contracts...

  13. Legal gaps relating to labour safety and health in the maritime transport sector in Spain.

    Science.gov (United States)

    Rodríguez, Julio Louro; Portela, Rosa Mary de la Campa; Carrera, Paula Vazquez

    2011-01-01

    Nowadays the labour sector is experiencing an important increase in the application of risk prevention policies. Although these policies are very significant due to their repercussions in the health of workers, we noticed important legal gaps in maritime sector regulations. Frequently sea workers are legally abandoned, by exclusion or omission, at the moment of claiming for the improvement of their working environment and the reduction of the negative consequences derived from this negligence over their safety and health. In the present paper we try to shed some light on this topic by analysing and examining minutely the Spanish applicable risk prevention legislation for this sector. Moreover, the recommendations of the International Maritime Organization are compared with the current application of the law. At the same time, we present some possible solutions to such problems from an objective point of view.

  14. Procrastination in Recognizing the Rights of Domestic Workers in ...

    African Journals Online (AJOL)

    But there is procrastination in the enactment of the regulation. This article examines the legal gaps in regulating domestic workers, its gender effects and the tenability of the reasons behind the procrastination. To this end, the article examines various sources, including laws, interviews, reports, ILO conventions, and ...

  15. THE LEGAL ASPECTS OF THE MOBBING IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhosev

    2014-07-01

    Full Text Available Workplace mobbing as a form of psychological terrorism in the Republic of Macedonia is relatively new phenomenon which in the last decade is causing huge attention in the legal theory and practice. The problem with mobbing has also become an object of interest of the Macedonian’s trade union since they have seen the danger which this unwanted phenomenon causes in the work environment. That is why the trade union, especially the most numerous and the most representative ones in this country, the Federation of trade unions in Macedonia, has taken initiative to introduce a legislative to protect the workers from harassment in the work place in order to prevent psychological terrorism of the employees, as well as protect the workers from this negative phenomenon. This initiative resulted with the adoption of a special law on 29.05.2013. In this paper we are going to try to analyze the legal framework of the protection from psychological harassment in the work place (mobbing in the Republic of Macedonia, in terms of the rights, obligations and responsibilities of the employers and employees regarding the prevention of psychological harassment in the work place, as well as measures and procedures for the protection from psychological harassment in the work place of the employer and the proceedings. While analyzing the legal aspects of the psychological harassment we are going to stay focused in the Labor law and Law on Protection from Harassment in the Workplace.

  16. Work injuries among migrant workers in Denmark

    DEFF Research Database (Denmark)

    Biering, Karin; Lander, Flemming; Rasmussen, Kurt

    2017-01-01

    to methodological difficulties and cultural disparities. We set out to meet these challenges using population-based work injury registers, targeting a specific and representative region in Denmark. METHODS: This population-based study used data on work injuries from an emergency department (ED) and reported....... Workers who had migrated recently were at even higher risk. CONCLUSIONS: We found increased risk of work injuries among migrant workers. Studying migrants in registers is a methodological challenge as some migrants are not registered, for legal or illegal reasons; thus, only a selected group is studied......OBJECTIVES: Work migration into Denmark has increased during the recent decades, especially after the enlargement of the European Union (EU) in 2004. Whether or not migrant workers experience more work injuries than the native workforce has been debated and results are conflicting, most likely due...

  17. Legal Consciousness and Responses to Sexual Harassment*

    Science.gov (United States)

    Blackstone, Amy; Uggen, Christopher; McLaughlin, Heather

    2009-01-01

    Studies of legal mobilization often focus on people who have perceived some wrong, but rarely consider the process that selects them into the pool of potential “mobilizers.” Similarly, studies of victimization or targeting rarely go on to consider what people do about the wrong, or why some targets come forward and others remain silent. We here integrate sociolegal, feminist, and criminological theories in a conceptual model that treats experiencing sexual harassment and mobilizing in response to it as interrelated processes. We then link these two processes by modeling them as jointly determined outcomes and examine their connections using interviews with a subset of our survey respondents. Our results suggest that targets of harassment are selected, in part, because they are least likely to tell others about the experience. Strategies that workers employ to cope with and confront harassment are also discussed. We find that traditional formal/informal dichotomies of mobilization responses may not fully account for the range of ways individuals respond to harassment, and we propose a preliminary typology of responses. PMID:20300446

  18. Exploring the potential for joint training between legal professionals in the criminal justice system and health and social care professionals in the mental-health services.

    Science.gov (United States)

    Hean, Sarah; Heaslip, Vanessa; Warr, Jerry; Staddon, Sue

    2011-05-01

    Effective screening of mentally-ill defendants in the criminal court system requires cooperation between legal professionals in the criminal justice system (CJS), and health and social care workers in the mental-health service (MHS). This interagency working, though, can be problematic, as recognized in the Bradley inquiry that recommended joint training for MHS and CJS professionals. The aim of this study was to examine the experiences and attitudes of workers in the CJS and MHS to inform the development of relevant training. The method was a survey of mental-health workers and legal professionals in the court. The results showed that both agencies were uncertain of their ability to work with the other and there is little training that supports them in this. Both recognized the importance of mentally-ill defendants being dealt with appropriately in court proceedings but acknowledged this is not achieved. There is a shared willingness to sympathize with defendants and a common lack of willingness to give a definite, unqualified response on the relationship between culpability, mental-illness and punishment. Views differ around defendants' threat to security.Findings suggest there is scope to develop interprofessional training programs between the CJS and MHS to improve interagency working and eventually impact on the quality of defendants' lives. Recommendations are made on the type of joint training that could be provided.

  19. Discrimination in Legal Practice: An Examination of Policies Impacting on Educational Opportunities for Women

    Science.gov (United States)

    Cavanagh, Jillian; Fisher, Ron

    2008-01-01

    Purpose: This research aims to extend the traditional cultural divide between male and female lawyers by examining contradictory workplace policies that discriminate against the work and education of female auxiliary workers within general legal practice in Australia. Design/methodology/approach: The study uses membership categorisation devices,…

  20. Future needs in radiation protection training for NPP workers of Slovenia

    International Nuclear Information System (INIS)

    Kozelj, M.; Bogovic, T.

    1999-01-01

    Short review of history of radiation protection training for NPP workers in Slovenia and legal requirements regarding this field are presented. Courses developed in co-operation between Milan Copic Nuclear Training Centre and Krsko Nuclear Power Plant are briefly described and their implementation presented. Using available data we have predicted probable number of courses and participants in forthcoming years. Some results from inquiry on courses for regularly exposed workers are presented, enabling us to modify courses according to participants' needs.(author)

  1. Workplace violence: a study of Turkish workers.

    Science.gov (United States)

    Aytac, Serpil; Bozkurt, Veysel; Bayram, Nuran; Yildiz, Selver; Aytac, Mustafa; Akinci, Fusun Sokullu; Bilgel, Nazan

    2011-01-01

    This research was conducted to address the experience of workplace violence of Turkish workers from different sectors and to investigate the impact of the exposed violence on their psychological well-being. Data were collected anonymously with printed questionnaires from the volunteer participants and depended on self-reporting. The response rate was 79.0% (1708/2161). The prevalence of workplace violence was found to be 44.8%. The most common type was verbal violence together with mobbing (bullying). Victims of physical violence were mostly males, whereas females were found to be victims of verbal, psychological and sexual violence. Most cases did not result in legal action and the victims remained silent. Psychological well-being of exposed workers in terms of depression, anxiety and stress seemed to deteriorate. Workplace violence remains a silent epidemic in Turkey. Preventive measures against workplace violence and social support for violated workers do not exist.

  2. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  3. Analysis of dose record and epidemiology for radiation workers in Korea

    International Nuclear Information System (INIS)

    Choi, S.Y.; Kim, T.H.

    2003-01-01

    This study presents data on the externally received doses and preliminary results of epidemiological survey for radiation workers. The statistical analysis was carried out in order to understand better the occupational radiation doses in Korea. Records containing dose information from 1984 to 1999 for 64,518 persons were extracted from the National Dose Registry of Korea (Korea Radioisotope Association's personal dose record). The total number of workers registered from 1984 to 1999 was 64,518. The number of workers steadily increased and the accumulated dose somewhat increased. The proportion of radiation workers by occupation was 38.4% for nuclear power plant, 20.3% for industrial organization and 12.4% for non-destructive industry, respectively. The collective annual dose of radiation workers was 31.72 man Sv in 1999. The mean annual dose by sex was 1.49 mSv for male and 0.56 mSv for female. The mean annual dose for workers was 1.41 mSv with the highest mean dose being received by non-destructive industry (3.53 mSv). Very few workers(0.8%) received more than 20 mSv and only one more than 50 mSv, the legal limit for an annual dose. There has been a steady decline in the mean dose since 1984, showing a significant decrease in dose with time. The data showed that radiation protection in Korea was improving, though annual doses were still higher than other countries. Nevertheless, this finding brings to light the necessity of the workers to pay more careful attention to radiation protection procedures and practices, and suggest the need for continuous effort to implement procedures. We are carrying out epidemiological survey in order to evaluate radiation effects on Korean workers based on radiation dose data from the year of 2000. Follow-up is carrying out in order to detect and measure directly the risks of cancer using the Korean Mortality Data, Cancer Registry and individual investigation

  4. Legal preparedness: care of the critically ill and injured during pandemics and disasters: CHEST consensus statement.

    Science.gov (United States)

    Courtney, Brooke; Hodge, James G; Toner, Eric S; Roxland, Beth E; Penn, Matthew S; Devereaux, Asha V; Dichter, Jeffrey R; Kissoon, Niranjan; Christian, Michael D; Powell, Tia

    2014-10-01

    Significant legal challenges arise when health-care resources become scarce and population-based approaches to care are implemented during severe disasters and pandemics. Recent emergencies highlight the serious legal, economic, and health impacts that can be associated with responding in austere conditions and the critical importance of comprehensive, collaborative health response system planning. This article discusses legal suggestions developed by the American College of Chest Physicians (CHEST) Task Force for Mass Critical Care to support planning and response efforts for mass casualty incidents involving critically ill or injured patients. The suggestions in this chapter are important for all of those involved in a pandemic or disaster with multiple critically ill or injured patients, including front-line clinicians, hospital administrators, and public health or government officials. Following the CHEST Guidelines Oversight Committee's methodology, the Legal Panel developed 35 key questions for which specific literature searches were then conducted. The literature in this field is not suitable to provide support for evidence-based recommendations. Therefore, the panel developed expert opinion-based suggestions using a modified Delphi process resulting in seven final suggestions. Acceptance is widespread for the health-care community's duty to appropriately plan for and respond to severe disasters and pandemics. Hospitals, public health entities, and clinicians have an obligation to develop comprehensive, vetted plans for mass casualty incidents involving critically ill or injured patients. Such plans should address processes for evacuation and limited appeals and reviews of care decisions. To legitimize responses, deter independent actions, and trigger liability protections, mass critical care (MCC) plans should be formally activated when facilities and practitioners shift to providing MCC. Adherence to official MCC plans should contribute to protecting

  5. Mandatory influenza immunization for health care workers--an ethical discussion.

    Science.gov (United States)

    Steckel, Cynthia M

    2007-01-01

    Influenza is a serious vaccine-preventable disease affecting 20% of the U.S. population each year. Vaccination of high-risk groups has been called the single most important influenza control measure by the Centers for Disease Control and Prevention. Studies show that vaccination can lead to decreases in flu-related illness and absenteeism among health care workers, as well as fewer acute care outbreaks and reduced patient mortality in long-term care settings. However, to date, voluntary programs have achieved only a 40% vaccination rate among health care workers, causing concern among government and infectious disease organizations. This article addresses the ethical justification for mandating influenza vaccination for health care workers. Health care workers' attitudes toward vaccination are presented, as well as historical and legal perspectives on compulsory measures. The ethical principles of effectiveness, beneficence, necessity, autonomy, justice, and transparency are discussed.

  6. Unrestrained outsourcing in Brazil: more precarization and health risks for workers.

    Science.gov (United States)

    Druck, Graça

    2016-06-20

    This article discusses the current status of outsourcing in Brazil, with new regulation underway featuring a bill of law under review by the National Congress, aimed at allowing outsourcing for all activities. The authors argue that outsourcing and precarization of work are inseparable phenomena, based on the results of 20 years of research in Brazil that reveals the more precarious working conditions of outsourced workers in different occupational categories. They focus particularly on workers' health: outsourcing of risks has led to more fatal work accidents, invariably at higher rates in outsourced workers. Finally, the article contends that to remove restraints on outsourcing in Brazil amounts to legalizing and legitimizing predatory workforce exploitation, disregarding workers' physical limits, exposing them to risk of fatal accidents, and reverting to forms of work that violate the human condition.

  7. Risk practices for HIV infection and other STDs amongst female prostitutes working in legalized brothels.

    Science.gov (United States)

    Pyett, P M; Haste, B R; Snow, J

    1996-02-01

    Most research investigating risk practices for HIV infection and other STDs amongst sex workers has focused on street prostitutes to the exclusion of those prostitutes who work in different sections of the industry. This is largely a consequence of methodological difficulties in accessing prostitutes other than those who work on the streets. HIV prevention research and interventions must address the fact that risk practices may vary according to the type of prostitution engaged in. This paper reports on risk practices for HIV infection and other STDs amongst prostitutes working in legalized brothels in Victoria, Australia. A self-administered questionnaire was distributed by representatives of a sex worker organization whose collaboration was an important factor in obtaining a large sample of prostitutes. The study found low levels of risk practices for prostitutes working in legal brothels in Victoria. The major risk practices indentified were injecting drug use and condom non-use with non-paying partners.

  8. Mortality among retired fur workers. Dyers, dressers (tanners) and service workers

    Energy Technology Data Exchange (ETDEWEB)

    Sweeney, M.H.; Walrath, J.; Waxweiler, R.J.

    1985-08-01

    A retrospective cohort mortality study was conducted on 807 fur dyers, fur dressers (tanners), and fur service workers who were pensioned between 1952 and 1977 by the Fur, Leather and Machine Workers Union of New York City. Workplace exposures of fur workers varied with job category. Dyers were exposed to oxidative dyes used in commercial hair dyes; dressers and service workers were exposed to tanning chemicals. In a comparison with the New York City population, no significant increases in mortality were observed among the fur dyers. Among fur dressers, mortality from all malignant neoplasms and lung cancer was significantly elevated, as was mortality from cardiovascular disease among fur service workers. When examined by ethnic origin, the elevated SMR values and directly age-adjusted rate ratios suggested that foreign-born fur dressers and eastern European-born fur workers experienced the highest risks for lung and colorectal cancers, respectively. These data support previous findings of increased mortality from colorectal cancer in the foreign-born population of the United States and suggest a possible occupational etiology for the observed lung cancer excess.

  9. National sex work policy and HIV prevalence among sex workers: an ecological regression analysis of 27 European countries.

    Science.gov (United States)

    Reeves, Aaron; Steele, Sarah; Stuckler, David; McKee, Martin; Amato-Gauci, Andrew; Semenza, Jan C

    2017-03-01

    Sex workers are disproportionately affected by HIV compared with the general population. Most studies of HIV risk among sex workers have focused on individual-level risk factors, with few studies assessing potential structural determinants of HIV risk. In this Article, we examine whether criminal laws around sex work are associated with HIV prevalence among female sex workers. We estimate cross-sectional, ecological regression models with data from 27 European countries on HIV prevalence among sex workers from the European Centre for Disease Control; sex-work legislation from the US State Department's Country Reports on Human Rights Practices and country-specific legal documents; the rule of law and gross-domestic product per capita, adjusted for purchasing power, from the World Bank; and the prevalence of injecting drug use among sex workers. Although data from two countries include male sex workers, the numbers are so small that the findings here essentially pertain to prevalence in female sex workers. Countries that have legalised some aspects of sex work (n=17) have significantly lower HIV prevalence among sex workers than countries that criminalise all aspects of sex work (n=10; β=-2·09, 95% CI -0·80 to -3·37; p=0·003), even after controlling for the level of economic development (β=-1·86; p=0·038) and the proportion of sex workers who are injecting drug users (-1·93; p=0·026). We found that the relation between sex work policy and HIV among sex workers might be partly moderated by the effectiveness and fairness of enforcement, suggesting legalisation of some aspects of sex work could reduce HIV among sex workers to the greatest extent in countries where enforcement is fair and effective. Our findings suggest that the legalisation of some aspects of sex work might help reduce HIV prevalence in this high-risk group, particularly in countries where the judiciary is effective and fair. European Centre for Disease Prevention and Control. Copyright

  10. An action agenda for HIV and sex workers.

    Science.gov (United States)

    Beyrer, Chris; Crago, Anna-Louise; Bekker, Linda-Gail; Butler, Jenny; Shannon, Kate; Kerrigan, Deanna; Decker, Michele R; Baral, Stefan D; Poteat, Tonia; Wirtz, Andrea L; Weir, Brian W; Barré-Sinoussi, Françoise; Kazatchkine, Michel; Sidibé, Michel; Dehne, Karl-Lorenz; Boily, Marie-Claude; Strathdee, Steffanie A

    2015-01-17

    The women, men, and transgender people who sell sex globally have disproportionate risks and burdens of HIV in countries of low, middle, and high income, and in concentrated and generalised epidemic contexts. The greatest HIV burdens continue to be in African female sex workers. Worldwide, sex workers still face reduced access to needed HIV prevention, treatment, and care services. Legal environments, policies, police practices, absence of funding for research and HIV programmes, human rights violations, and stigma and discrimination continue to challenge sex workers' abilities to protect themselves, their families, and their sexual partners from HIV. These realities must change to realise the benefits of advances in HIV prevention and treatment and to achieve global control of the HIV pandemic. Effective combination prevention and treatment approaches are feasible, can be tailored for cultural competence, can be cost-saving, and can help to address the unmet needs of sex workers and their communities in ways that uphold their human rights. To address HIV in sex workers will need sustained community engagement and empowerment, continued research, political will, structural and policy reform, and innovative programmes. But such actions can and must be achieved for sex worker communities everywhere. Copyright © 2015 Elsevier Ltd. All rights reserved.

  11. [Evaluation of residual osteomuscular function using computerised movement analysis for building sector workers: specificity and technical problem].

    Science.gov (United States)

    D'Orso, M I; Centemeri, R; Latocca, R; Riva, M; Cesana, G

    2012-01-01

    Occupational Health Doctors active in building sector firms frequently have to evaluate residual workers' osteomuscular function in patients coming back to work after an accident happened during work time or free time. Definition of their specific individual work suitability is usually carried out utilizing semeiotic tests in which subjective evaluation of every single Medical Doctor is real important in definition of final results and this fact can cause legal controversies. In our research we describe the application of computerised movement analysis on 10 workers of building sector. In every patient examined this technical method has been able to study objectively the tridimensional ranges of motion of most important osteomuscular districts. The possibility to have an objective evaluation of residual osteomuscular function has a relevant importance both in definition of workers' work suitability at the moment in which they start again their activities and in possible future legal conflicts.

  12. Workers and the ICRP recommendations

    International Nuclear Information System (INIS)

    Zerbib, J.C.

    1979-01-01

    In both the preparation and the application of the recommendations presented by the ICRP one important voice has been absent: that of the workers in the nuclear industry. A large number of specialists are studying their situation from all points of view, in their different capacities as workers, consumers and male or female members of the public, but this extensive study is being done without consulting them, without their opinion even being asked for. The paper discusses such deficiencies, in particular all those aspects which distinguish these recommendations from a legal text. The lack of conciseness in the definition of the limit which the average annual dose to a large group of workers must not exceed (500 mrad) is considered. The possibility of a large number of workers being exposed for a long period is not acceptable if the decision is left to the manager of a nuclear facility alone. Cost-benefit analysis, as it is described in the ICRP text, cannot be considered to provide credible protection from the point of view of workers. Moreover, the various ICRP recommendations fail to mention such important matters as allowance for low-dose effects, disparities in the social security coverage offered to various categories of workers in the event of occupational illness, and the increasing use of migrant workers for difficult decontamination and maitenance tasks. At a time when it is thought that nuclear technology can be standardized, the French Democratic Labour Confederation (CFDT) expresses its fears concerning the practical application of the ICRP recommendations; for example, the text of ICRP Publication 26 has not yet been translated into French, but Euratom has already proposed directives for its application in Member States

  13. Problems of legal regulation of credit organizations employees' work and the ways for their solution

    Directory of Open Access Journals (Sweden)

    Vereshak S.B.

    2016-09-01

    Full Text Available legal and organizational aspects of regulation of work of employees (serving banks and other credit organizations are considered. Specifics of activity of banks and other credit organizations attract need of improvement of the legislation governing the labor relations in this sphere for the purpose of reduction in compliance of established practices and standard legal support. Problems of absence of unity of terminology in the legal acts which are the cornerstone of regulation of work of employees of banks come to light; features of work of bank workers that doesn't allow to provide full protection of their labor law aren't defined; the set of shortcomings of system of compensation in the bank sphere takes place. Conclusions about need of improvement of the existing labor and banking legislation, and also local legal acts of banks for the sphere of the organization of work and its payment are drawn. Elimination of the revealed shortcomings, according to authors, will allow to strengthen legal guarantees of work of employees of banks.

  14. Legalized abortion: a public health success story.

    Science.gov (United States)

    Kelly, M

    1999-06-01

    60% of more than 2000 women surveyed by the Picker Institute who underwent induced abortion procedures rated the quality of their care as excellent. Another third reported their care as being either very good or good. The survey also found that the quality of abortion care is comparable to other outpatient surgery. However, the high quality of care women receive from abortion providers is lost in the hostile anti-abortion climate created by threatening protesters outside of clinics and the murder of 7 clinic workers and physicians who performed abortions. Abortion opponents fail to acknowledge that legal abortion is a medical procedure which protects women's health and saves their lives. Before abortion was legalized in the US, countless women were either rendered unable to reproduce or died from abortion-related complications. Efforts to outlaw abortion persist despite it being widely recognized by medical experts as one of the most safe medical procedures currently performed in the US. When state legislatures target abortion providers with unduly strict regulations, abortion becomes prohibitively expensive and difficult to obtain.

  15. Ethics and the compensation of immigrant workers for work-related injuries and illnesses.

    Science.gov (United States)

    Gravel, Sylvie; Vissandjée, Bilkis; Lippel, Katherine; Brodeur, Jean-Marc; Patry, Louis; Champagne, François

    2010-10-01

    This paper examines the compensation process for work-related injuries and illnesses by assessing the trajectories of a sample of immigrant and non-immigrant workers (n = 104) in Montreal. Workers were interviewed to analyze the complexity associated with the compensation process. Experts specialized in compensation issues assessed the difficulty of the interviewees' compensation process. Immigrant workers faced greater difficulties with medical, legal, and administrative issues than non-immigrants did. While immigrant workers' claim forms tended to be written more often by employers or friends (58% vs. 8%), the claims were still more often contested by employers (64% vs. 24%). Immigrant workers were less likely to obtain a precise diagnosis (64% vs. 42%) and upon returning to work were more likely to face sub-optimal conditions. Such results throw into relief issues of ethics and equity in host societies that are building their economy with migrant workers.

  16. The Danish law on the posting of workers

    DEFF Research Database (Denmark)

    Lind, Martin Gräs

    2010-01-01

    This article reviews the background to the Law on the posting of workers and its development in the 10 years it has been in force. The interaction with EU law and the consequences of the Laval decision are also described. Finally there is a focus on selected problems that have been identified as ...... as theoretical and practical problem areas for the rules on the posting of workers. The question of the general right of trade unions to monitor compliance with collective bargains has not previously been dealt with more systematically in the Danish legal literature......This article reviews the background to the Law on the posting of workers and its development in the 10 years it has been in force. The interaction with EU law and the consequences of the Laval decision are also described. Finally there is a focus on selected problems that have been identified...

  17. Can occupational exposure be optimized for medical workers?

    International Nuclear Information System (INIS)

    Aubert, B.; Lefaure, C.

    1998-01-01

    Implementation of the principle of optimization (ALARA), an essential radiation protection regulations, remains very limited in the medical field, even though 80 % of workers whose exposure exceeds 50 mSv are to be found in this domain. The doses measured by legal dosimetry sometimes underestimate the real exposure of workers. It is therefore necessary to optimize the protection of occupational exposure in the medical field. This paper reviews the steps of the optimization procedure with emphasis on specificity of its application in this domain. Operating dosimetry as well as information on the residual risk due to low exposures and a better estimation of the risk/benefit factor for the patient are needed for satisfactory implementation. (author)

  18. [Rotator cuff diseases in occupational medicine between occupational diseases and accidents: medical-legal considerations].

    Science.gov (United States)

    Spigno, F; Galli, R; Casali, C; Lagattolla, N; De Lucchi, M

    2010-01-01

    The authors have gone through the complaints concerning all the cases of shoulder accidents at work filed by the Genoa office of the Italian Workers' National compensation Agency (INAIL) during the two years' period 2006-2007, reviewing in particular those somehow affecting rotator components. The aim of this paper is to assess the real role played by the occupational trauma in the rotator cuff tear. The data gathered so far have shown, on the one hand, a high prevalence of pre-existing inflammatory and degenerative diseases and, on the other, a rather modest influence of the trauma which, for this reason, has usually borne, as an immediate medico-legal consequence, the rejection of a cause-effect relationship between the accident and the rotator cuff lesion, without taking into any account whether the worker was likely to be affected by an occupational disease (ex table Ministerial Decree n. 81 April 9th 2008- item 78). In such cases a systematic and in-depth investigation of the occupational case history is suggested, in order to highlight the possible pre-existence of a former biomechanical overload of the upper limbs, so as to allow the physician to detect a pathology often misdiagnosed.

  19. The legal and ethical aspects of the right to health of migrants in Switzerland.

    Science.gov (United States)

    Marks-Sultan, Géraldine; Kurt, Stefanie; Leyvraz, Didier; Sprumont, Dominique

    The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.

  20. Mortality among retired fur workers. Dyers, dressers (tanners) and service workers.

    Science.gov (United States)

    Sweeney, M H; Walrath, J; Waxweiler, R J

    1985-08-01

    A retrospective cohort mortality study was conducted on 807 fur dyers, fur dressers (tanners), and fur service workers who were pensioned between 1952 and 1977 by the Fur, Leather and Machine Workers Union of New York City. Workplace exposures of fur workers varied with job category. Dyers were exposed to oxidative dyes used in commercial hair dyes; dressers and service workers were exposed to tanning chemicals. In a comparison with the New York City population, no significant increases in mortality were observed among the fur dyers. Among fur dressers, mortality from all malignant neoplasms [standardized mortality ratio (SMR) 151] and lung cancer (SMR 232) was significantly elevated, as was mortality from cardiovascular disease (SMR 126) among fur service workers. When examined by ethnic origin, the elevated SMR values and directly age-adjusted rate ratios suggested that foreign-born fur dressers and eastern European-born fur workers experienced the highest risks for lung and colorectal cancers, respectively. These data support previous findings of increased mortality from colorectal cancer in the foreign-born population of the United States and suggest a possible occupational etiology for the observed lung cancer excess.

  1. Sex-selective abortion in Nepal: a qualitative study of health workers' perspectives.

    Science.gov (United States)

    Lamichhane, Prabhat; Harken, Tabetha; Puri, Mahesh; Darney, Philip D; Blum, Maya; Harper, Cynthia C; Henderson, Jillian T

    2011-01-01

    Sex-selective abortion is expressly prohibited in Nepal, but limited evidence suggests that it occurs nevertheless. Providers' perspectives on sex-selective abortion were examined as part of a larger study on legal abortion in the public sector in Nepal. In-depth interviews were conducted with health care providers and administrators providing abortion services at four major hospitals (n = 35), two in the Kathmandu Valley and two in outlying rural areas. A grounded theory approach was used to code interview transcripts and to identify themes in the data. Most providers were aware of the ban on sex-selective abortion and, despite overall positive views of abortion legalization, saw sex selection as an increasing problem. Greater availability of abortion and ultrasonography, along with the high value placed on sons, were seen as contributing factors. Providers wanted to perform abortions for legal indications, but described challenges identifying sex-selection cases. Providers also believed that illegal sex-selective procedures contribute to serious abortion complications. Sex-selective abortion complicates the provision of legal abortion services. In addition to the difficulty of determining which patients are seeking abortion for sex selection, health workers are aware of the pressures women face to bear sons and know they may seek unsafe services elsewhere when unable to obtain abortions in public hospitals. Legislative, advocacy, and social efforts aimed at promoting gender equality and women's human rights are needed to reduce the cultural and economic pressures for sex-selective abortion, because providers alone cannot prevent the practice. Copyright © 2011 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

  2. Human trafficking and legalized prostitution in the Netherlands

    Directory of Open Access Journals (Sweden)

    Siegel Dina

    2009-01-01

    Full Text Available On 1 October 2000, the Netherlands became the first European country to legalize prostitution as a profession, with its rights and duties. On the other hand, this new Dutch law excluded those sex workers, who come from outside the EU. The majority of women working in the sex industry, who are considered illegal migrants in the Netherlands, had two choices: either leaving the country or disappearing into the illegal criminal circuit. For law enforcement and assistant services, it became extremely difficult to control the sector. In this paper, the consequences of the 'Brothel Law' are presented. What happens with illegal non-European sex workers in the Netherlands, how the problem of human trafficking is constructed in Dutch media and combated in the country, what could be learned from the 'Dutch case'? The paper aims to answer these questions and contribute to the general study on human trafficking and voluntary prostitution in Europe.

  3. Noise-induced hearing loss - An examination of the methods of assessment in a cross-sectional study of 87 industrial workers.

    Science.gov (United States)

    Das, S; Mulheran, M; Brewster, M; Banerjee, A R

    2018-04-01

    The surveillance of noise-induced hearing loss (NIHL) according to the Health and Safety Executive (HSE) differs from the medico-legal criteria used to assess NIHL. Our study compares the two systems and proposes a novel method of simplifying the medico-legal criteria and applying it to ascertain noise-induced hearing loss. The anonymised audiograms of a group of 87 industrial workers from a single site were analysed with both methods. The comparison showed approximately one-third of the workers assessed in this study had their noise-induced hearing loss underestimated by the HSE criteria. The majority of these individuals were over 40 years of age. The HSE criteria for noise-induced hearing loss need review and re-alignment with the medico-legal criteria to address the discrepancy between the two systems. © 2017 John Wiley & Sons Ltd.

  4. Legal and Regulatory Barriers to Reverse Innovation.

    Science.gov (United States)

    Rowthorn, Virginia; Plum, Alexander J; Zervos, John

    Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers. The objective of this paper is to understand and elucidate the legal barriers faced by innovators bringing health interventions to the United States. Semistructured qualitative interviews were conducted with 9 key informants who have directly participated in the introduction of global health care approaches to the United States health system. A purposive sampling scheme was employed to identify participants. Phone interviews were conducted over one week in July 2016 with each participant and lasted an average of 35 minutes each. Purely legal barriers included questions surrounding tort liability, standard of care, and concerns around patient-administered self-care. Regulatory burdens included issues of international medical licensure, reimbursement, and task shifting and scope of work challenges among nonprofessionals (e.g. community health workers). Finally, perceived (i.e. not realized or experienced) legal and regulatory barriers to innovative modalities served as disincentives to bringing products or services developed outside of the United States to the United States market. Conflicting interests within the health care system, safety concerns, and little value placed on low-cost interventions inhibit innovation. Legal and regulatory barriers rank among, and contribute to, an anti-innovation atmosphere in healthcare for domestic and reverse innovators alike. Reverse innovation should be fostered through the thoughtful development of

  5. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  6. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  7. Realigning government action with public health evidence: the legal and policy environment affecting sex work and HIV in Asia.

    Science.gov (United States)

    Gruskin, Sofia; Pierce, Gretchen Williams; Ferguson, Laura

    2014-01-01

    The HIV epidemic has shed light on how government regulation of sex work directly affects the health and well-being of sex workers, their families and communities. A review of the public health evidence highlights the need for supportive legal and policy environments, yet criminalisation of sex work remains standard around the world. Emerging evidence, coupled with evolving political ideologies, is increasingly shaping legal environments that promote the rights and health of sex workers but even as new legislation is created, contradictions often exist with standing problematic legislation. As a region, Asia provides a compelling example in that progressive HIV policies often sit side by side with laws that criminalise sex work. Data from the 21 Asian countries reporting under the UN General Assembly Special Session on HIV in 2010 were analysed to provide evidence of how countries' approach to sex-work regulation might affect HIV-related outcomes. Attention to the links between law and HIV-related outcomes can aid governments to meet their international obligations and ensure appropriate legal environments that cultivate the safe and healthy development and expression of sexuality, ensure access to HIV and other related services and promote and protect human rights.

  8. Medical Students’ Knowledge and Attitudes Toward Female Sex Workers and Their Occupational Risk Factors

    Directory of Open Access Journals (Sweden)

    Jenna T. Nakagawa

    2014-10-01

    Full Text Available Background: The tendency for female sex workers to seek health care is highly influenced by physician attitudes and behavior. By identifying medical students' attitudes toward female sex workers and assessing their knowledge of barriers to seeking care, we can focus medical training and advocacy efforts to increase access to care and improve public health outcomes. Methods: In this cross-sectional study, medical students from various countries were invited to participate in an online survey with close-ended questions and Likert scale statements. Responses were quantified and knowledge and attitude scores were assigned based on knowledge of barriers to seeking care and agreement with positive and negative attitude statements. Results: A total of 292 medical students from 56 countries completed the survey, of whom 98.3% agreed that it will be their job to provide treatment to patients regardless of occupation. Self-identified religious students conveyed more negative attitudes toward female sex workers compared to those who did not identify themselves as religious (p<0.001. Students intending to practice in countries where prostitution is legal conveyed more positive attitudes compared to those intending to practice in countries where prostitution is illegal (p<0.001. Conclusion: Medical students largely agreed on the importance of providing care to female sex workers as a vulnerable group. In addition to addressing knowledge gaps in medical education, more localized studies are needed to understand the religious and legal influences on attitudes toward female sex workers. Such information can help focus the efforts in both medical education and communication training to achieve the desired behavioral impacts, reconciling the future generations of health care providers with the needs of female sex workers.

  9. "Sometimes they used to whisper in our ears": health care workers' perceptions of the effects of abortion legalization in Nepal

    OpenAIRE

    Puri, Mahesh; Lamichhane, Prabhat; Harken, Tabetha; Blum, Maya; Harper, Cynthia C; Darney, Philip D; Henderson, Jillian T

    2012-01-01

    Abstract Background Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Little is known about health care workers’ views on abortion legalization, such as their perceptions of women seeking abortion and the implications of legalization for abortion-related health care. Methods To complement a quantitative ...

  10. Migrant women domestic workers in Hong Kong, Singapore and Taiwan: a comparative analysis.

    Science.gov (United States)

    Cheng, S J

    1996-01-01

    This article discusses the legal systems in Hong Kong, Singapore, and Taiwan and the protection of migrant domestic workers who are vulnerable to domestic violence and abuse. Migration in the last 10 years in Asia has increasingly included female migrants who are usually employed in domestic services, the entertainment industry, and health care services. This work places women migrants in a vulnerable position in the isolation of households, away from public oversight. Labor laws are not applied to domestic workers, who are considered of low societal value. In Hong Kong, domestic work is covered under the labor laws, but the societal perception is that housework is not really work. Employer-employee relationships are more clear cut in institutional settings. Most domestic workers live with their employers. They are outsiders to families and must maintain professional relationships within an intimate environment. The isolation within a household discourages development of support systems and contacts with women doing similar work. There is a power struggle between women of unequal stature concerning the operation of the household and the interrelationships with family members. The power dynamic, the nature of the family structure, and culture are all interrelated. The first year's income covers the cost of securing foreign employment, and workers are vulnerable in this first year due to their debts. Employers protect their investment by working them to capacity or using fear and physical confinement to secure obedience. Workers are humiliated and immobilized. The comparison between the three countries illustrates the potential for protecting migrant domestic workers. Singapore and Taiwan lack sufficient legal and social support for migrant women, and Hong Kong must use a more comprehensive approach for integrating power dynamics, employment, work regulations, and labor status.

  11. Industrial screening programs for workers

    International Nuclear Information System (INIS)

    Lavine, M.P.

    1982-01-01

    Industrial screening efforts to identify classes of workers who are more susceptible to workplace hazards, by virtue of their fertility, genetic, or lifestyle characteristics, represent a relatively new approach to reducing workplace risks. Screening has already raised some important economic, legal, social, medical, and moral questions. Employers, employees, administrative agencies, and the courts are offering different, often conflicting answers. Ultimately the acceptability of various screening schemes rests upon judgments about how a society justifies the distribution of risk. The questions that industrial screening programs raise are only partially answered by empirical evidence; the rest is a matter of values

  12. Effects of stereotypes and suggestion on memory.

    Science.gov (United States)

    Shechory, Mally; Nachson, Israel; Glicksohn, Joseph

    2010-02-01

    In this study, the interactive effect of stereotype and suggestion on accuracy of memory was examined by presenting 645 participants (native Israelis and immigrants from the former Soviet Union and Ethiopia) with three versions of a story about a worker who is waiting in a manager's office for a meeting. All versions were identical except for the worker's name, which implied a Russian or an Ethiopian immigrant or a person of no ethnic origin. Each participant was presented with one version of the story. After an hour delay, the participants' memories were tested via two questionnaires that differed in terms of level of suggestion. Data analyses show that (a) when a suggestion matched the participant's stereotypical perception, the suggestion was incorporated into memory but (b) when the suggestion contradicted the stereotype, it did not influence memory. The conclusion was that recall is influenced by stereotypes but can be enhanced by compatible suggestions.

  13. The modern Chinese family in light of economic and legal history.

    Science.gov (United States)

    Huang, Philip C C

    2011-01-01

    Most social science theory and the currently powerful Chinese ideology of modernizationism assume that, with modern development, family-based peasant farm production will disappear, to be replaced by individuated industrial workers and the three-generation family by the nuclear family. The actual record of China’s economic history, however, shows the powerful persistence of the small family farm, as well as of the three-generation family down to this day, even as China’s GDP becomes the second largest in the world. China’s legal system, similarly, encompasses a vast informal sphere, in which familial principles operate more than individualist ones. And, in between the informal-familial and the formal-individualist, there is an enormous intermediate sphere in which the two tendencies are engaged in a continual tug of war. The economic behavior of the Chinese family unit reveals great contrasts with what is assumed by conventional economics. It has a different attitude toward labor from that of both the individual worker and the capitalist firm. It also has a different structural composition, and a different attitude toward investment, children’s education, and marriage. Proper attention to how Chinese modernity differs socially, economically, and legally from the modern West points to the need for a different kind of social science; it also lends social–economic substance to claims for a modern Chinese culture different from the modern West’s.

  14. Cable Television Report and Suggested Ordinance.

    Science.gov (United States)

    League of California Cities, Sacramento.

    Guidelines and suggested ordinances for cable television regulation by local governments are comprehensively discussed in this report. The emphasis is placed on franchising the cable operator. Seventeen legal aspects of franchising are reviewed, and an exemplary ordinance is presented. In addition, current statistics about cable franchising in…

  15. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  16. Enhancing the Ethical Conduct of HIV Research with Migrant Sex Workers: Human Rights, Policy, and Social Contextual Influences.

    Science.gov (United States)

    Goldenberg, Shira M; Brouwer, Kimberly C; Jimenez, Teresita Rocha; Miranda, Sonia Morales; Mindt, Monica Rivera

    2016-01-01

    Migrant sex workers are often highly marginalized and disproportionately experience health and social inequities, including high prevalence of HIV, sexually transmitted infections, and human rights violations. In recent years, research involving migrant sex workers has increased, yet many knowledge gaps remain regarding how best to protect research participant rights and welfare. Our objective was to identify key challenges and opportunities related to the responsible conduct of HIV research with migrant sex workers. Focus groups and interviews conducted with 33 female sex workers ≥18 years old at the Guatemala-Mexico border from June 2013-February 2014 were analyzed. Participants were recruited through community outreach by a local HIV prevention organization to sex work establishments such as bars, hotels, street corners, and truck stops. Key themes influencing research engagement for migrant sex workers included researcher mistrust and fear related to research participation, rooted in the social isolation frequently faced by recent migrants; intersecting concerns related to immigration status, fear of criminalization, and compliance with sex work regulations; and perceived benefits and risks of HIV/STI testing for migrants (e.g., immigration implications, stigma) represent potential barriers and opportunities for the responsible conduct of research involving migrant sex workers. Results highlight the intersection between the human rights vulnerabilities of migrant sex workers and barriers to research participation, including social isolation of migrants and policy/legal barriers related to immigration and sex work. Findings illustrate the need for researchers to develop population-tailored procedures to address fears related to immigration and criminalization, and to reinforce positive and non-stigmatizing relationships with migrant sex workers. Community-led efforts to reduce stigma and foster community organization and supports for migrant sex workers are

  17. Enhancing the Ethical Conduct of HIV Research with Migrant Sex Workers: Human Rights, Policy, and Social Contextual Influences.

    Directory of Open Access Journals (Sweden)

    Shira M Goldenberg

    Full Text Available Migrant sex workers are often highly marginalized and disproportionately experience health and social inequities, including high prevalence of HIV, sexually transmitted infections, and human rights violations. In recent years, research involving migrant sex workers has increased, yet many knowledge gaps remain regarding how best to protect research participant rights and welfare. Our objective was to identify key challenges and opportunities related to the responsible conduct of HIV research with migrant sex workers.Focus groups and interviews conducted with 33 female sex workers ≥18 years old at the Guatemala-Mexico border from June 2013-February 2014 were analyzed. Participants were recruited through community outreach by a local HIV prevention organization to sex work establishments such as bars, hotels, street corners, and truck stops.Key themes influencing research engagement for migrant sex workers included researcher mistrust and fear related to research participation, rooted in the social isolation frequently faced by recent migrants; intersecting concerns related to immigration status, fear of criminalization, and compliance with sex work regulations; and perceived benefits and risks of HIV/STI testing for migrants (e.g., immigration implications, stigma represent potential barriers and opportunities for the responsible conduct of research involving migrant sex workers.Results highlight the intersection between the human rights vulnerabilities of migrant sex workers and barriers to research participation, including social isolation of migrants and policy/legal barriers related to immigration and sex work. Findings illustrate the need for researchers to develop population-tailored procedures to address fears related to immigration and criminalization, and to reinforce positive and non-stigmatizing relationships with migrant sex workers. Community-led efforts to reduce stigma and foster community organization and supports for migrant

  18. Labour law and communitarian legal standards

    Directory of Open Access Journals (Sweden)

    Jašarević Senad

    2014-01-01

    Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.

  19. Toward a legal framework that promotes and protects sex workers' health and human rights.

    Science.gov (United States)

    Overs, Cheryl; Loff, Bebe

    2013-06-14

    Complex combinations of law, policy, and enforcement practices determine sex workers vulnerability to HIV and rights abuses. We identify "lack of recognition as a person before the law" as an important but undocumented barrier to accessing services and conclude that multi-faceted, setting-specific reform is needed-rather than a singular focus on decriminalization-if the health and human rights of sex workers are to be realized. Copyright © 2013 Overs and Loff. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  20. The motivational safety helmet : Redesign suggestions improving the intrinsic motivation of construction site workers

    NARCIS (Netherlands)

    Beldman, T. (Teunis); Boer, de J. (Johannes); Lemmens, P. (Pim); Stilma, M. (Margot)

    2014-01-01

    In reaction to the lack of intrinsic motivation of construction site workers, to wear their safety helmets at all times, a series of research projects studied causes and possible solutions. Goal is to gain an inspirational discussion to get the design onto the next level. This paper describes a

  1. The Social Situation of Immigrant Farm Workers : A Comparative Study between Spain and the U.S.

    OpenAIRE

    Izcara Palacios, Simón Pedro; Yamamoto, Yasutaka; Sawauchi, Daisuke; Sajiki, Takahiro; Demura, Katsuhiko

    2009-01-01

    In Spain and in the United States domestic farm laborers are not available in sufficient numbers during peak harvest seasons. Therefore, intensive farm production has a dependence on immigrant workers, mainly laborers who lack proper documentation to legally reside or work. Moreover increases in the labor supply, prompted by continued unauthorized entries and employment has adversely affected the wages and working conditions in the farming sector, speeding the exit of local workers from agric...

  2. The demographic argument in Soviet debates over the legalization of abortion in the 1920s.

    Science.gov (United States)

    Solomon, S G

    1993-01-01

    Russia legalized abortion in 1920. State policy was pronatalist. Regional abortion commissions were established in order to monitor costs and maintain records. The physicians before the legal change were mainly against legalization. In 1923 the abortion rate was 2.91 abortions per live birth. A 1923 study by M. Karlin, M.D., found among 1362 women that the health risk to women of zero parity with an induced abortion was higher than giving birth. Public discussion of abortion was limited between 1921 and 1924. Russian physicians between 1925 and 1927 both publicly and privately discussed the problems; greater attention to demographic concerns occurred during the 1930s. The connection between abortion and the declining birth rate was established in a limited way in a May 1927 obstetricians' society meeting in Kiev, Ukraine. The albeit unreliable statistics appeared to confirm the decline in the birth rate due to increased numbers of abortions. The literature in the 1920s was devoted to the well-being of women as workers; abortion policy favored the interests of working women and was set up for prevention of unsafe illegal abortions. Russian demographers were more concerned with population movements. Surveys found that the profiled abortion client was indeed not destitute, but better off and married. Roesle, a German demographer, considered legal abortion beneficial in reducing maternal mortality, but he was criticized for obscuring abortions' impact on the birth rate. The debate in Russia was tangled in ideology. A comparison of abortion rates in Vienna and Moscow by a Viennese demographer Peller found similar rates regardless of legality. Peller further suggested that contraception had more to do with birth rates. Even though rural populations were hard hit by famine in 1931 and forced collectivization in 1929, increased rural abortions were blamed for the declining rural birth rates. The demographic argument against abortion became prominent again in 1931/32 after

  3. The attempt to legalize the church administration of the Leningrad’s diocese in 1926 as the prehistory of the “josephite-alexis” division

    Directory of Open Access Journals (Sweden)

    Mazyrin Aleksandr, priest

    2013-04-01

    Full Text Available The article deals with the failed attempt to organize and legalize the Leningrad’s diocesan administration of the Russian Orthodox Church in 1926. At the suggestion of OGPU the group of Leningrad’s clergy has propounded legalization. Bishop Alexius (Simanskiy became the leader of the group in the summer of 1926. The initiative group’s activity aroused suspicion of the part of the Leningrad clergy assuring a top church management to transfer bishop Alexey to another diocese and to appoint Joseph (Petrovyh to be a Leningrad metropolitan. The conflict situation was complicated by the provocative politics of a state authority. It prevented metropolitan Joseph from carrying out his duties of ruling archbishop and, on the contrary, permitted the initiative group to hold a meeting led by bishop (archbishop Alexius. All attempts of church workers to find the unconflicted way out were unsuccessful. The author analyses arguments of supporters and opponents of the diocesan legalization, estimates the correlation between personal and based on principles motives. He investigates the position of church authority represented by metropolitan Sergey (Stragorodskiy. The author considers either side was not unjust one in the Leningrad church collision in 1926. Only the politics of the soviet power that used legalization as the demoralization’s instrument of the Church was defi nitely malicious.

  4. Immigration, work and health in Spain: the influence of legal status and employment contract on reported health indicators.

    Science.gov (United States)

    Sousa, Emily; Agudelo-Suárez, Andrés; Benavides, Fernando G; Schenker, Marc; García, Ana M; Benach, Joan; Delclos, Carlos; López-Jacob, María José; Ruiz-Frutos, Carlos; Ronda-Pérez, Elena; Porthé, Victoria

    2010-10-01

    To analyze the relationship of legal status and employment conditions with health indicators in foreign-born and Spanish-born workers in Spain. Cross-sectional study of 1,849 foreign-born and 509 Spanish-born workers (2008-2009, ITSAL Project). Considered employment conditions: permanent, temporary and no contract (foreign-born and Spanish-born); considered legal statuses: documented and undocumented (foreign-born). Joint relationships with self-rated health (SRH) and mental health (MH) were analyzed via logistical regression. When compared with male permanently contracted Spanish-born workers, worse health is seen in undocumented foreign-born, time in Spain ≤3 years (SRH aOR 2.68, 95% CI 1.09-6.56; MH aOR 2.26, 95% CI 1.15-4.42); in Spanish-born, temporary contracts (SRH aOR 2.40, 95% CI 1.04-5.53); and in foreign-born, temporary contracts, time in Spain >3 years (MH: aOR 1.96, 95% CI 1.13-3.38). In females, highest self-rated health risks are in foreign-born, temporary contracts (aOR 2.36, 95% CI 1.13-4.91) and without contracts, time in Spain >3 years (aOR 4.63, 95% CI 1.95-10.97). Contract type is a health determinant in both foreign-born and Spanish-born workers. This study offers an uncommon exploration of undocumented migration and raises methodological issues to consider in future research.

  5. What is legal medicine--are legal and forensic medicine the same?

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  6. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  7. Exploring UK medical and social work students' legal literacy: comparisons, contrasts and implications.

    Science.gov (United States)

    Preston-Shoot, Michael; McKimm, Judy

    2013-05-01

    To ensure acceptable practice standards both doctors and social workers should draw on relevant legal rules when reaching professional judgements concerning, for instance, children requiring protection, people with severe mental distress and adults at risk, information sharing, consent to intervention and service user involvement in their care and treatment. Many practitioners use the law to maintain high standards of professionalism. However, research has uncovered limited awareness of legal rules and poor standards of health and social care. Academic benchmarks and practice requirements for health and social care professions centrally position legal knowledge for secure decision-making. Model curricula exist. However, the outcomes of the taught curriculum on students' confidence in their legal knowledge and skills have been relatively overlooked. This article introduces the concept of legal literacy, a distillation of knowledge, understanding, skills and values that enables practitioners to connect relevant legal rules with their professional practice, to appreciate the roles and duties of other practitioners and to communicate effectively across organisational boundaries. It presents the outcomes for a 2006-2009 study of 1154 UK medical and 638 social work students of their law learning for practice, response rates of 46% and 68%. Significant differences were found between medical and social work students' attitudes towards the law, and in their self-ratings of legal knowledge and skills. Confidence levels were low and anxiety high, especially among medical students, although law teaching had some positive outcomes on knowledge and skill development. Social work and medical students associated different themes with the law, the latter especially foregrounding ethics, negligence and liability, which could affect inter-professional working. Students are not fully prepared for legally literate practice, with a consequent need to review the time allocated for, and

  8. REGIONAL GOVERNMENT'S RESPONSIBILITY TO THE PROTECTION OF INDONESIAN WORKER EMPLOYED (TKIs ABROAD (Review of Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Asri Lasatu

    2017-06-01

    Full Text Available The purpose of the establishment of the Republic of Indonesia is to protect and realize the welfare of citizens. Therefore, the main responsibility of the government is to provide protection and guarantee to every citizen to get a job and a decent living for humanity. Limitations of domestic employment, as well as the public's desire to work overseas, should be responded positively by the government, by formulating regulations both at the central and regional levels. This study will examine the roles and responsibilities of local governments as an effort the law protection against Indonesian Migrant Worker working abroad.This research is a normative legal research with approach of legislation and concept approach and analyzed qualitatively to give perspective on legal issue to the object of this research study. The results show that the responsibility of local government, especially in the pre-placement, post-placement, and empowerment phase of placement of migrant workers, while the placement of migrant workers is the responsibility of the central government. Implementation of local government responsibilities should be supported by regulations established by local governments.

  9. ABC of women workers' rights and gender equality

    CERN Document Server

    International Labour Office. Geneva

    2000-01-01

    This concise and easy to read guidebook assists the layperson in understanding the legal frameworks and socio-economic developments surrounding gender equality in the world of work. Completely updated and revised, this guide incorporates important information relevant to women workers such as women in development, gender mainstreaming, the glass ceiling and much more. Each entry in the guide provides a clear, succinct definition and directs the reader to relevant laws, ILO conventions, and other topics for further research.

  10. The Latest in Vaccine Policies: Selected Issues in School Vaccinations, Healthcare Worker Vaccinations, and Pharmacist Vaccination Authority Laws.

    Science.gov (United States)

    Barraza, Leila; Schmit, Cason; Hoss, Aila

    2017-03-01

    This paper discusses recent changes to state legal frameworks for mandatory vaccination in the context of school and healthcare worker vaccination. It then discusses state laws that allow pharmacists the authority to vaccinate.

  11. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

  12. THE RIGHT TO FORM AND TO JOIN TRADE UNIONS AS DEFINED IN INTERNATIONAL LEGAL INSTRUMENTS

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2017-07-01

    Full Text Available The right of workers to form and to join trade unions is one of the most important international labour standards. This means that employees, no matter where they are employed (public or private sector, have the right to form their own organizations (unions. Apart from the employees, employers also have the right to form and join in employers’ associations. The right of employees and employers to organize is based on the following principles: voluntariness, autonomy and democracy. The general objective of the formation of unions and employers’ associations is to protect the rights and interests of members of the union and the employers’ association, as well as their promotion in an organized manner. The provision and guarantee of union and workers' rights are guaranteed by a number of international and regional legal instruments (conventions, recommendations, regulations, such as ILO, UN, Council of Europe and the European Union, which will be analysed further in this paper. The main objective arising from these documents is to improve the position of workers and their protection. Within the paper, we will also analyse the most important legal acts of the Republic of Macedonia concerning the right to join unions. By analysing the content of the national labour legislation, we will determine the extent to which the international labour law is being implemented. Moreover, the paper will analyse the basic principles underlying union organization and association.

  13. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  14. Cannabis use and support for cannabis legalization

    OpenAIRE

    Palali, A. (Ali); Ours, Jan

    2016-01-01

    textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...

  15. The clinical management of diabetic foot in the elderly and medico-legal implications.

    Science.gov (United States)

    Terranova, Claudio; Bruttocao, Andrea

    2013-10-01

    Diabetic foot is a complex and challenging pathological state, characterized by high complexity of management, morbidity and mortality. The elderly present peculiar problems which interfere on one hand with the patient's compliance and on the other with their diagnostic-therapeutic management. Difficult clinical management may result in medico-legal problems, with criminal and civil consequences. In this context, the authors present a review of the literature, analysing aspects concerning the diagnosis and treatment of diabetic foot in the elderly which may turn out to be a source of professional responsibility. Analysis of these aspects provides an opportunity to discuss elements important not only for clinicians and medical workers but also experts (judges, lawyers, medico-legal experts) who must evaluate hypotheses of professional responsibility concerning diabetic foot in the elderly.

  16. Dealing with the Margins of Law: Adult Sex Workers' Resistance in Everyday Life

    Directory of Open Access Journals (Sweden)

    Marisa Natalia Fassi

    2011-01-01

    Full Text Available This article looks at the way sex workers in Córdoba, Argentina, have dealt with legal marginalization, focusing on their understandings and associated practices of resistance. Sex workers position in law shows the group is on the margins of law, which means that their activity is not considered to be legal but is not illegal either. Since 2000 a group of sex workers started to organize to stop the constant detentions and humiliations by police officers. The organization called AMMAR (Asociación de Mujeres Meretrices Argentinas implied a major shift from an oppression of consciousness to a consciousness of oppression, modifying in this process the terms of their resistance from mere tactics of survival to a struggle for redefinition of their position in law and society. This article firstly explores the idea of margins of law, consciousness, power and resistance, and also describes the regulation of sex work in the city of Córdoba; secondly, it refers to sex workers experiences, perceptions and practices of resistance before the organization in relation to the police, the Judiciary, as well as with other institutions, and relates this experiences with their practices of resistance in that period; thirdly, it explains the process of organization and the way it has influenced their reflective awareness and practices of resistance, it describes as well the heterogeneity of understandings regarding law. Lastly, the Conclusion revisits the outcomes and literature to propose final reflections about dealing with the margins of law in everyday life.

  17. Strategies and Challenges in Preventing Violence Against Canadian Indoor Sex Workers

    Science.gov (United States)

    Guta, Adrian

    2018-01-01

    Objectives. To examine indoor sex workers’ strategies in preventing workplace violence and influential socio-structural conditions. Methods. Data included qualitative interviews with 85 sex workers in British Columbia, Canada, from 2014 through 2016. For analyses, we used interpretive thematic techniques informed by World Health Organization position statements on violence. Results. Robbery, nonpayment, financial exploitation, and privacy violations were frequent types of violence perpetrated by clients, landlords, and neighbors. We identified 2 themes that depicted how sex workers prevented violence and mitigated its effects: (1) navigating physical spaces and (2) navigating client relationships. Conclusions. Sex workers’ diverse strategies to prevent violence and mitigate its effects are creative and effective in many circumstances. These are limited, however, by the absence of legal and public health regulations governing occupational health and safety and stigma associated with sex work. Public Health Implications. Occupational health and safety regulatory policies that set conditions for clients’ substance and condom use within commercial sex transactions are required. Revisions to the current legal regulations governing prostitution are critical to support optimal work environments that reduce the likelihood of violence. These revisions must recognize sex work as a form of labor versus victimization. PMID:29346001

  18. Physician-Assisted Suicide and Midwest Social Workers: Where Do They Stand?

    Science.gov (United States)

    Gaston, N Rose; Randall, Jill M; Kiesel, Lisa R

    2018-01-01

    Physician-assisted suicide (PAS) is explicitly legal in five states and by court decision in one. Legislative bills have been introduced in other states including Minnesota, Iowa, and Wisconsin. This quantitative study was designed to understand Midwest, hospice and palliative care at end-of-life social workers' attitudes toward PAS, preferred terminology, perception of preparedness for the implementation, and awareness of PAS legislation in their state. Sixty-two social workers from Minnesota, Iowa, and Wisconsin completed an anonymous online survey. The results indicated that over one-half of the participants supported PAS legislation and is consistent with previous research on social workers across the country. While there was a range of perceived preparedness for implementation, a majority felt moderately to very prepared. Professional and personal values as well as professional experience influenced their perceived preparedness. Few social workers had accurate awareness of PAS legislation in their state or had attended workshops/events for further education or as a policy advocate. To practice competently and advocate at all levels of practice, hospice and palliative care at end-of-life social workers' need to understand their own attitudes and values toward PAS and pursue additional education around this ethical issue.

  19. Building a human rights framework for workers' compensation in the United States: opening the debate on first principles.

    Science.gov (United States)

    Hilgert, Jeffrey A

    2012-06-01

    This article introduces the idea of human rights to the topic of workers' compensation in the United States. It discusses what constitutes a human rights approach and explains how this approach conflicts with those policy ideas that have provided the foundation historically for workers' compensation in the United States. Using legal and historical research, key international labor and human rights standards on employment injury benefits and influential writings in the development of the U.S. workers' compensation system are cited. Workers' injury and illness compensation in the United States does not conform to basic international human rights norms. A comprehensive review of the U.S. workers' compensation system under international human rights standards is needed. Examples of policy changes are highlighted that would begin the process of moving workers' compensation into conformity with human rights standards. Copyright © 2012 Wiley Periodicals, Inc.

  20. [Critical aspects of the management of "hazardous" health care workers. Consensus document].

    Science.gov (United States)

    Magnavita, N; Cicerone, Marina; Cirese, Vania; De Lorenzo, G; Di Giannantonios, M; Fileni, A; Goggiamani, Angela; Magnavita, Giulia; Marchi, Edda; Mazzullo, D; Monami, F; Monami, S; Puro, V; Ranalletta, Dalila; Ricciardi, G; Sacco, A; Spagnolo, A; Spagnolo, A G; Squarcione, S; Zavota, Giovanna

    2006-01-01

    A worker is considered to be hazardous to others when, in the course of performing a specific work task, his/her health problems (e.g., substance dependence, emotional disorders, physical disability, transmissible diseases) pose a risk for other workers' or the public's health and safety, or begins to interfere with ability to function in profession life. The presence of certain illnesses or the fact that a health care worker is impaired because of them do not necessarily imply that he, or she, is hazardous for others. Working in health care increases the probability that an impaired worker being hazardous for others. Management of hazardous workers requires new techniques and procedures, and specific policies. An interdisciplinary group of experts from medical, bioethical, legal and administrative disciplines, together with trade union and employers' representatives, is currently attempting to define a way to put prevention measures into practice in accordance with state laws and individual rights. A consensus document is presented, covering critical aspects such as: social responsibility of the employer, risk management, informed consent, non compliance, confidentiality, responsibility of workers, disclosure of risk to patients, non-discrimination, counselling and recovery of impaired workers, effectiveness of international guidelines. Occupational health professionals are obliged to adhere to ethical principles in the management of "hazardous" workers; the assessment of ethical costs and benefits for the stakeholders is the basis for appropriate decisions.

  1. Technological Agency in the Co-Constitution of Legal Expertise and the US Drone Program

    DEFF Research Database (Denmark)

    Leander, Anna

    2013-01-01

    over the legal status of the US drone program. Target killing suggests that the drone program may be legally regulated. Extrajudicial execution suggests that it falls outside the realm of legality. This article does not seek to settle which terminology is the most appropriate. Instead it analyses...... the legal expertise struggling to do so and its implications. More specifically, it focuses on the processes through which drones constitute the legal expertise that constitutes the drone program as one of targeted killings and of extrajudicial executions; that is, on a process of co-constitution. Drawing...... theoretical inspiration from and combining new materialist approaches (especially as articulated by Bruno Latour) with the sociological approach of Pierre Bourdieu, the article shows that drones have ‘agency’ in the ‘field’ of legal expertise pertaining to the drone program. Drones are redrawing...

  2. Towards a Legal Recommender System

    NARCIS (Netherlands)

    Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.

    2014-01-01

    In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,

  3. Vulnerability on the streets: female sex workers and HIV risk.

    Science.gov (United States)

    Pyett, P M; Warr, D J

    1997-10-01

    In-depth interviews were conducted with 24 purposively selected female sex workers who were perceived to be vulnerable to risks associated with their lifestyle and occupation. Brothel workers were found to be considerably less exposed to risk than the women working on the streets. Client resistance was the major obstacle to women maintaining safe sex practices. Physical threats and coercion from clients, the absence of legal protection for street workers, the workers' extreme social isolation and lack of community support added to the difficulties experienced by women in their attempts to insist on condoms for all sex services. Youth, homelessness and heavy drug use had contributed to women being at times even more vulnerable because they had less capacity to manage situations of potential violence or STD risk. Whether through sex work or in their private relationships, HIV remains a risk for some of these women. This study highlights the dangers associated with illegal sex work. While decriminalization of prostitution would reduce some of the dangers to which women were exposed and increase women's capacity to insist on safe sex practices, it is also important for community education programmes to address men's failure to accept responsibility for condom use when seeking the services of sex workers.

  4. Book Scarcity, Law Libraries and the Legal Profession in Nigeria.

    Science.gov (United States)

    Jegede, Oluremi

    1992-01-01

    Discussion of the effect of book scarcity on law libraries and the legal profession in Nigeria addresses the country's law library collections, reasons for book scarcity, local publication of legal literature, reasons why Nigerians publish abroad, and measures already taken and suggested measures to combat book scarcity. (14 references) (MES)

  5. How reliable are forensic evaluations of legal sanity?

    Science.gov (United States)

    Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T

    2013-04-01

    When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.

  6. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  7. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  8. Changing gender roles and health impacts among female workers in export-processing industries in Sri Lanka.

    Science.gov (United States)

    Attanapola, Chamila T

    2004-06-01

    Since the economic liberalization in 1977, a large number of Sri Lankan women have entered the labour market and engaged in income-generating activities. Some women choose to travel abroad as domestic workers, while others choose to work in export-processing industries. This process has a profound impact on gender and gender roles in Sri Lanka. Young rural women have changed their traditional women's roles to become independent daughters, efficient factory workers and partially modernized women. Even though changing gender roles are identified as a positive impact of industrial work, the new social, cultural, and legal environments of industrial work have negative impacts on these women's lives. This paper explores health impacts of changing gender roles and practices of young rural women, focusing on the experiences of female workers in export-processing industries. Further, it contributes to the literature on gender and health, and on qualitative approaches within health geographic studies. A model is formulated to suggest a conceptual framework for studying women's health. The model describes the determinant factors of individual health status based on the question of who (personal attributes) does what (type of work) where (place), when and how (behaviours). These are also determinant factors of gender and gender roles of a society. The three types of health problems (reproductive, productive and mental health) of a woman, in this case a female industrial worker, are determined by her gender roles and practices associated with these roles.

  9. Accounting software cost management on health and safety, legal framework and areas of improvement

    Directory of Open Access Journals (Sweden)

    K.I. Samchuk

    2017-03-01

    Full Text Available Awareness of human life and health as the highest value is a sign of a civilized society. The economic activity of enterprises accompanied the influence of dangerous and harmful factors. An urgent need for society development and European integration is to create an effective mechanism by which the whole complex will be implemented measures to create conditions that meet the health care workers. The article highlighted media mouthpieces and performers interests of occupational safety, responsibilities entities regarding safety, the place and importance of your support in the management of safety measures, the necessity and directions of its improvement. Improving your security management costs of safety measures based on the determination of the legal framework, which aims to provide legal protection for employees, agencies and organizations, entities in the relationship work.

  10. How to Teach Legal Concerns in a Basic Business Communication Class.

    Science.gov (United States)

    Golen, Steven; And Others

    1986-01-01

    Provides a basic overview of legal concerns that affect communications in the business environment, including agency, defamation, credit and collection, information and privacy, employment, and copyright. Furnishes a teaching plan that suggests various classroom activities to help develop students' awareness of these legal concerns. Recommends…

  11. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

  12. Violent deaths of media workers associated with conflict in Iraq, 2003–2012

    Directory of Open Access Journals (Sweden)

    Lucie Collinson

    2014-05-01

    Full Text Available Background. The violent deaths of media workers is a critical issue worldwide, especially in areas of political and social instability. Such deaths can be a particular concern as they may undermine the development and functioning of an open and democratic society.Method. Data on the violent deaths of media workers in Iraq for ten years (2003–2012 were systematically collated from five international databases. Analyses included time trends, weapons involved, nationality of the deceased, outcome for perpetrators and location of death.Results. During this ten-year period, there were 199 violent deaths of media workers in Iraq. The annual number increased substantially after the invasion in 2003 (peaking at n = 47 in 2007 and then declined (n = 5 in 2012. The peak years (2006–2007 for these deaths matched the peak years for estimated violent deaths among civilians. Most of the media worker deaths (85% were Iraqi nationals. Some were killed whilst on assignment in the field (39% and 28% involved a preceding threat. Common perpetrators of the violence were: political groups (45%, and coalition forces (9%, but the source of the violence was often unknown (29%. None of the perpetrators have subsequently been prosecuted (as of April 2014. For each violent death of a media worker, an average of 3.1 other people were also killed in the same attack (range 0–100 other deaths.Discussion. This analysis highlights the high number of homicides of media workers in Iraq in this conflict period, in addition to the apparently total level of impunity. One of the potential solutions may be establishing a functioning legal system that apprehends offenders and puts them on trial. The relatively high quality of data on violent deaths in this occupational group, suggests that it could act as one sentinel population within a broader surveillance system of societal violence in conflict zones.

  13. Risks for radiation workers

    International Nuclear Information System (INIS)

    Rotblat, J.

    1978-01-01

    The following topics are discussed: recommendations of the International Commission on Radiological Protection; methods for determining dose limits to workers; use of data from survivors of Hiroshima and Nagasaki for estimating risk factors; use of data from survivors of nuclear explosions in Marshall Islands, uranium miners, and patients exposed to diagnostic and therapeutic radiation; risk factors for radioinduced malignancies; evidence that risk factors for persons exposed to partial-body radiation and Japanese survivors are too low; greater resistance of A-bomb survivors to radiation; and radiation doses received by U.K. medical workers and by U.K. fuel reprocessing workers. It is suggested that the dose limit for radiation workers should be reduced by a factor of 5

  14. White paper on radiological monitoring of workers exposures

    International Nuclear Information System (INIS)

    Shettle, Jennifer

    2016-01-01

    This article comments the content of a white paper which aimed at proposing new regulatory bases to update the French Code of Labour and other legal texts related to the radiation protection of workers. The author briefly comments the objectives of this white paper (to put the initial regulatory basis into question again), briefly describes the adopted approach, the new definition of risk related to ionizing radiations within the frame of a global approach to the prevention of occupational risks. She notices and comments the removal of a reference to an exposure limit for the public as input criterion in the system of radiological monitoring of workers exposures. She also comments the introduction of some concepts: the concept of a worker submitted to a risk related to ionizing radiation, and the concept of exposure value entailing a strengthened preventive action. She indicates the different modalities adopted for exposure monitoring (radiological monitoring and dose follow-up), addresses the issue of communication of dosimetry data and the access to all dosimetry information for the person in charge of radiation protection, and finally briefly evokes the idea of publishing guides for each specific sectors

  15. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  16. The health care system for female workers and its current status in Japan.

    Science.gov (United States)

    Nohara, M; Kagawa, J

    2000-11-01

    In this paper we describe female workers' health care, the women's and maternal protection system within the Japanese legal system, the current status of female workers in Japan, and problems regarding methods of advancing health care and the women's or maternal protection system. Motherhood is respected in the workplace in Japan, and in order to provide an environment in which women can work and still bear and rear children with a sense of security, laws concerning maternal protection of female workers, and revisions in terms of the system have been made, and a new system has been in effect since the fiscal year of 1998. Nevertheless, gender discrimination against women and the disparagement of women, rooted in gender role stereotypes concerning the division of labor, remain firmly planted in the social environment and in long-established custom.

  17. [Health surveillance of workers with prior exposure to asbestos. Application in the metallurgy/metal mechanical field].

    Science.gov (United States)

    Rivolta, G; Della Foglia, M; Donelli, S; Riboldi, L

    2006-01-01

    To improve the health surveillance program for workers with a known previous exposure to asbestos in a big metallurgic-mechanical industry from Lombardy, the sources of risk and the different exposure levels hare been reconstructed based on specific jobs. The eligibility criteria and a specific work program including information and organization supports hare been established by a work group composed by health physicians, workers and industrial hygienists. The major goals of the program were: to listen and support each worker who perceives worries about his health status; to prevent, if possible, diseases, especially cancer, resulting from exposure; to document the existing injuries for legal compensation. The resulting actions consist of counselling; indication to follow an adequate life and work style; indication, based on specific request of worker, of sanitary checks of first or eventually second level.

  18. Policing practices as a structural determinant for HIV among sex workers: a systematic review of empirical findings.

    Science.gov (United States)

    Footer, Katherine Ha; Silberzahn, Bradley E; Tormohlen, Kayla N; Sherman, Susan G

    2016-01-01

    Sex workers are disproportionately infected with HIV worldwide. Significant focus has been placed on understanding the structural determinants of HIV and designing related interventions. Although there is growing international evidence that policing is an important structural HIV determinant among sex workers, the evidence has not been systematically reviewed. We conducted a systematic review of quantitative studies to examine the effects of policing on HIV and STI infection and HIV-related outcomes (condom use; syringe use; number of clients; HIV/STI testing and access) among cis and trans women sex workers. Databases included PubMed, Embase, Scopus, Sociological Abstracts, Popline, Global Health (OVID), Web of Science, IBSS, IndMed and WHOLIS. We searched for studies that included police practices as an exposure for HIV or STI infection or HIV-related outcomes. Of the 137 peer-reviewed articles identified for full text review, 14 were included, representing sex workers' experiences with police across five settings. Arrest was the most commonly explored measure with between 6 and 45% of sex workers reporting having ever been arrested. Sexual coercion was observed between 3 and 37% of the time and police extortion between 12 and 28% across studies. Half the studies used a single measure to capture police behaviours. Studies predominantly focused on "extra-legal policing practices," with insufficient attention to the role of "legal enforcement activities". All studies found an association between police behaviours and HIV or STI infection, or a related risk behaviour. The review points to a small body of evidence that confirms policing practices as an important structural HIV determinant for sex workers, but studies lack generalizability with respect to identifying those police behaviours most relevant to women's HIV risk environment.

  19. Legal argumentation and judicial decision making: Empirical evidence from Ecuador

    Directory of Open Access Journals (Sweden)

    José Luis Castro-Montero

    2018-05-01

    Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

  20. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  1. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  2. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

    Full Text Available This paper is concerned with the evolutionary process of the global governance of labour migration, which has led to the progressive privatisation and commodification of international labour mobility. The focus is on the effects of such change on working conditions for migrants. In particular, the analysis is concerned with legal conceptualisations of labour mobility and their repercussions on the normative process of migration governance. For people on the move, the journey almost always entails sacrifices and uncertainty. The possible costs range from the emotional cost of separation from families and friends to high monetary fees. The stakes can include the physical dangers of working in dangerous occupations, or even a risk of death, such as in the case of illegal border crossings. Nevertheless, millions of people are still attempting movement, facing these costs or risks, in order to improve their living standards and those of their families. The implications for international human rights law are striking. Thus, attention is drawn to the human rights of all migrant workers, and more specifically to the protection and development of basic labour rights in the framework of international organisations. Ultimately, the main point of this study is to evaluate to what extent the freedom to choose where to work and to do so in decent conditions is a current legal reality at both the national and international levels.

  3. Interrelation of the concepts «legal influence» and «administrative-legal influence»

    OpenAIRE

    Голуб, Віктор Олександрович

    2014-01-01

    The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

  4. "One country, two systems": Sociopolitical implications for female migrant sex workers in Hong Kong

    Directory of Open Access Journals (Sweden)

    Griffiths Sian

    2008-12-01

    Full Text Available Abstract Background Under the "two countries, one system" policy implemented by China to manage the return of Hong Kong's sovereignty, Hong Kong has maintained a comparatively prosperous economy within the Asian region. This has resulted in an environment which fosters migration from the mainland to Hong Kong, due largely to proximity, higher earning potential, common language, and a relaxing of border control measures. However not all mainland China citizens are equally able to access these new migration schemes and indeed a number of women such as sex workers are either migrating and/or working illegally and without occupational, legal and health protection within Hong Kong. Discussion Female migrant sex workers are exposed to a number of significant threats to their health, however their illegal status contributes to even greater vulnerability. The prevailing discourses which view these women as either "trafficked women" or as "illegal immigrants" do not adequately account for the complex situations which result in such women's employment in Hong Kong's sex industry. Rather, their position can best be understood within the broader frameworks provided by migration literature and the concept of "structural violence". This allows for a greater understanding of the socio-political issues which are systematically denying migrant sex workers adequate access to health care and other opportunities for social advancement. When these issues are taken into account, it becomes clear that the current relevant legislation regarding both immigration and sex work is perpetuating the marginalised and vulnerable status of migrant sex workers. Unless changes are made, structural barriers will remain in place which impede the ability of migrant sex workers to manage their own health needs and status. Conclusion Female migrant sex workers in Hong Kong are extremely vulnerable to a number of occupational health and safety hazards which have significantly

  5. Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

    Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

  6. A sense of self-suspicion: global legal pluralism and the claim to legal authority

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

    Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

  7. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  8. The Axiom between Work Requirement Excessive Versus the Right to Recreation Worker : Analysis under the Employer Accountability of Optics

    Directory of Open Access Journals (Sweden)

    Regina Célia Pezzuto Rufino

    2016-06-01

    Full Text Available Labor relations focused throughout history, legal worker material rights in exchange of services. However, gradually, there was the need for worker appreciation of his human essence, going to glimpse the importance of respecting the intrinsic goods, especially fundamental rights. This study, prepared by the deductive method with doctrinal and jurisprudential basis, justified by observing the gulf between the legal dictates and empirical experience of workers at full exercise of leisure, primarily dealing with the evolution of the recognition of the fundamental rights of workers, passing to the theme of excessive working hours to increase the employer’s profit and subsequently address the responsibility of the latter, when exacerbated working hours subtracts the leisure time of workers. The democratic state imposes the full exercise of citizenship through freedom of every individual’s rights, above all, the social and the right to leisure has become a well constitutionally guaranteed. However, capitalist competition entails the unbridled pursuit of material goods arising from high productivity coming from overwork, which not only harms the health and worker’s life, deprived of living with loved ones, their integration into society and the full exercise of leisure, with autonomy to choose how to enjoy their free time in a dignified manner without the worry or the imposition of produce for their livelihood. Thus, the journey of excessive work affront the fundamental right to pleasure, leaving no room for the realization of the same in violation of the exercise of the worker’s citizenship, and entailing the responsibility of the employer regarding the illicit violates a right of fundamental importance of workers.

  9. Value Preferences of Social Workers.

    Science.gov (United States)

    Tartakovsky, Eugene; Walsh, Sophie D

    2018-04-01

    The current study examines value preferences of social workers in Israel. Using a theoretical framework of person-environment fit paradigm and theory of values, the study compared social workers (N = 641, mean age = 37.7 years, 91 percent female) with a representative sample of Israeli Jews (N = 1,600, mean age = 44.2, 52 percent female). Questionnaires included personal value preferences and sociodemographic variables (gender, age, education, religiosity, and immigrant status). Multivariate analysis of covariance showed that value preferences of social workers differed significantly from those of the general population. Analyses of covariance showed that social workers reported a higher preference for self-transcendence and a lower preference for conservation and self-enhancement values. Results have significance for the selection, training, and supervision of social workers. They suggest that it is important to assess to what extent selection processes for social workers are primarily recruiting social workers with shared values, thus creating an overly homogenous population of social workers. An understanding of personal value motivations can help social workers in their own process of self-development and growth, and to understand how the profession can fulfill their basic motivations.

  10. PERLINDUNGAN HUKUM BAGI IRREGULAR MIGRANT WORKERS INDONESIA DI KAWASAN ASIA TENGGARA (DALAM PERSPEKTIF HUKUM HAM INTERNASIONAL

    Directory of Open Access Journals (Sweden)

    Riri Anggriani

    2017-05-01

    Full Text Available The development of globalization that occurred has considerable impact for human life and for countries in Southeast Asia. One is the movement of people from one country to another, especially concerning the problem of economic migrants seeking employment or working in a country where they work especially irregular migrant workers. These irregular migrants are vulnerable to violations of their human rights. The issue is how the protection of the law is provided by the country of origin through Indonesian national law in countries that are the destination of Indonesian migrant workers in the Southeast Asian Region through the perspective of international human rights law. This research is legal research. The results of this study indicate that Indonesian migrant workers with the status of irregular migrant workers are workers who also have the same rights as other migrant workers or other citizens so that countries (especially countries in Southeast Asia have an obligation to acknowledge and Protect them wherever they may be or under any circumstances they experience as contained in the provisions of international human rights law, especially in the Convention on the Protection of the Rights of All Migrant Workers and their Families (CMW, 1990.

  11. Legal recourse for damages suffered from low-level radiation exposure

    International Nuclear Information System (INIS)

    Pesto-Edwards, M.M.

    1984-01-01

    In the past few years several events involving toxic substances have received widespread coverage by the media, thereby altering an already aware population to the hazards of exposure to toxic agents. Incidents such as Three Mile Islane, Love Canal, and Hemlock, Michigan, the exposure plight of veterans to radiation at the Nevada Test Site and to Agent Orange in Vietnam, and to the exposure of factory workers to asbestos, have been highly publicized. In part because of this publicity, the emphasis of the 1970's on controlling water and air pollution has been shifting slowly during the 1980s to the of control of hazardous waste pollution. Despite this shifting emphasis, legislative and judicial systems have been slow to respond. Few remedies are available to real and imagined victims of toxic substances. From a legal point of view, there is little difference between exposure to low levels of radiation and low levels of toxic chemicals. Both instances fall under the broader domain of environmental law. Depending on the circumstances, one instance might provide legal precedent for the other. This chapter presents examples drawn from both areas in order to illustrate current issues. The discussion is divided into four parts: (1) the common law tort theories that may be asserted when a plaintiff has suffered injury resulting from exposure to low-level radiation or other toxic substances; (2) the difficulties posed by the relief mechanisms rooted in traditional common law; (3) current federal legislation, along with its merits and shortcomings; and (4) solutions to the obstacles now faced by plaintiffs in attempting to recover their damages. Also discussed are suggested judicial and legislative solutions designed to remedy the damages caused to persons exposed to toxic wastes

  12. Legal accountability for public school discipline: fact or fiction?

    Directory of Open Access Journals (Sweden)

    Elda de Waal

    2011-01-01

    Full Text Available Educators, learners and parents/caregivers should be held accountable for instilling learner discipline through clear guidelines and limitations to achieve security at public schools. Two previously identified education challenges are sustaining well-disciplined education systems and ensuring that educators are attentive to legal parameters in making decisions and dealing with discipline. This article adds a third challenge: convincing educators, learners and parents/caregivers of their accountability concerning creating/maintaining safe learning environments. Five subordinate legislation documents relevant to legal accountability are scrutinized, as well as relevant case law. The article follows a documentary comparative perspective using a secondary analysis method: appraising legal guidelines and asking questions to draw conclusions and make pragmatic action-oriented suggestions.

  13. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  14. Advanced radiographic practice - the legal aspects

    International Nuclear Information System (INIS)

    Alderson, C.J.; Hogg, P.

    2003-01-01

    Allied health and nursing professionals are continuing to expand their responsibilities into clinical areas outside their traditional spheres of interest; typically, many of these new responsibilities are found within the medical (doctor) domain. Such responsibilities are often at an advanced clinical level and consequently higher demands are placed upon the professionals, not least in terms of clinical updating, competence to practice and also legal liability. This article explores the legal implications of practising at an advanced clinical level with particular reference to legal claims. The first part of the article commences with an outline of pertinent law in England and Wales. The latter part of the article explores actual cases from which allied health professionals (eg radiographers) can gain valuable information. Throughout the article suggestions for good practice are indicated. Examples of good practice include: the need to base your practice on evidence and peer practice; the need to keep detailed records (protocols) of such practice; the need to know when you are at the limit of your ability; and as such when to ask for advice from a medical practitioner/radiologist

  15. The social worker in family courts. Employability in Mazatlan, Sinaloa, México

    Directory of Open Access Journals (Sweden)

    Dra. María Esperanza Benítez-Cortés

    2015-10-01

    Full Text Available This article  deals with the analysis of the role that a social worker has in intervening in family courts. It investigates the effects of structural and functional aspects that have influenced the institutional and organizational scheme of the departments of social work and the value of the professionals who work at them. At the same time it attempts to demonstrate the importance of this intervention for the families who for various reasons may have conflicts. It argues that intervention should be taken upon with the theoretical and methodological support of the social worker with a command of legal concepts and practices related to the family’s problems and issues in family courts. The research reflection that is born from this critical analysis-  We reflect that the profession tries to propose a better integration of the social worker in the management and care of various conflicts affecting domestic life.Keywords:  social work, family courts, family,  conflict,  crisis, mediation, social assessment.

  16. Exceptions to the Principle of Free Movement of Workers in the European Community: the Case of Persons Infected with HIV/AIDS

    Directory of Open Access Journals (Sweden)

    Zemri Elezi

    2012-05-01

    Full Text Available The movement of workers in the years after the foundation of the European Community (EC wasas a result of the labor market needs, essentially in most developed countries in which there was a lack ofspecific profiles of occupation and skilled workers. Due to the fact that, every member state of ECdiscretionary regulates the issues relating to free movement of workers, working conditions and organizationof working hours, it was inalienable the harmonization of rules at the EC level. Even today there are a largenumber of legal measures regarding the harmonization of legislation on free movement in the EC memberstates; however, they are sometimes interpreted differently by its member states, particularly those related tomovement restrictions. Specifically, in the framework of realization of the right to free movement will alsoanalyze the rules that exclude this right and states conduct against persons who violate the rules on freemovement. As states, under the protection of public health of their citizens, they have the right to restrict thefree movement of workers coming from other states, in this context this paper will analyze the behavior ofstates towards persons infected with the virus HIV. This paper will analyze the right to free circulation ofworkers in the EC, and the limitations that exist in several member states, whereas suggests eliminating theobstacles which are not based on the positive acts of the EC.

  17. Legal, Social, Ethical, and Medical Perspectives on the Care of the Statutory Rape Adolescent in the Emergency Department.

    Science.gov (United States)

    Tsai, Shiu-Lin; Acosta, Elvira; Cardenas, Toni; Sigall, Jeremy K; Van Geem, Kevin

    2017-07-01

    Rapes involving adolescents who present to the emergency department (ED) are fraught with ethical and legal complexities and are often emotionally turbulent for patients, their families, and medical providers. Management requires a thoughtful approach from multiple standpoints, including legal, psychosocial, ethical, and medical ones. However, there is no standardized sexual assault education for emergency medicine residents, and management practices vary widely. 1,2 We present a hypothetical statutory rape case based on real cases that occurred in New York City and bring together the perspectives of an attorney on the legal parameters, two social workers on the psychosocial issues, an ethicist on the moral considerations, and a pediatric emergency physician-who is also a sexual assault forensic examiner-on the medical treatments. We aim to provide a framework for physicians to navigate issues of patient-physician privilege involving minors, privacy rules, and mandatory reporting laws. Copyright © 2016 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

  18. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  19. Psychiatric legal investigation for sickness benefits due to disability at the Brazilian Federal Social Security Special Court in Florianópolis, capital city of the State of Santa Catarina, southern Brazil.

    Science.gov (United States)

    Figueredo, Roberto; Damas, Fernando Balvedi

    2015-01-01

    To describe the profile of insured individuals that filed claims for sickness benefits and compare the results of the administrative and legal investigations. This case series included 114 insured persons that filed lawsuits against the Brazilian National Institute of Social Security (Instituto Nacional de Seguridade Social, INSS). They underwent psychiatric examinations required by the Brazilian Federal Social Security Special Court in Florianópolis from August to December 2010. Mean age was 47 years, and participant age ranged from 24 to 64 years. Most insured individuals were women (79%), and most were employed (67.5%) and self-employed (26.5%) workers. Mean contribution time was 99.9 months, ranging from 8 to 352 months. Mean benefit duration was 20.4 months, ranging from 2 to 97 months. The most prevalent category of workers was service workers, store and supermarket salespeople (54.4%), followed by administrative workers (19.3%). Only 17 participants were found to be unable to work after benefit cessation, a 14.9% mismatch between administrative and legal investigations. The most frequent diagnoses were mood disorders (59.6%) and anxiety disorders (17.5%).

  20. Psychiatric legal investigation for sickness benefits due to disability at the Brazilian Federal Social Security Special Court in Florianópolis, capital city of the State of Santa Catarina, southern Brazil

    Directory of Open Access Journals (Sweden)

    Roberto Figueredo

    2015-06-01

    Full Text Available Objective: To describe the profile of insured individuals that filed claims for sickness benefits and compare the results of the administrative and legal investigations.Method: This case series included 114 insured persons that filed lawsuits against the Brazilian National Institute of Social Security (Instituto Nacional de Seguridade Social, INSS. They underwent psychiatric examinations required by the Brazilian Federal Social Security Special Court in Florianópolis from August to December 2010.Results: Mean age was 47 years, and participant age ranged from 24 to 64 years. Most insured individuals were women (79%, and most were employed (67.5% and self-employed (26.5% workers. Mean contribution time was 99.9 months, ranging from 8 to 352 months. Mean benefit duration was 20.4 months, ranging from 2 to 97 months. The most prevalent category of workers was service workers, store and supermarket salespeople (54.4%, followed by administrative workers (19.3%.Conclusions: Only 17 participants were found to be unable to work after benefit cessation, a 14.9% mismatch between administrative and legal investigations. The most frequent diagnoses were mood disorders (59.6% and anxiety disorders (17.5%.

  1. Workers' Self-management, Recovered Companies and the Sociology of Work.

    Science.gov (United States)

    Ozarow, Daniel; Croucher, Richard

    2014-10-01

    We analyse how far Argentina's worker-recovered companies (WRCs) have sustained themselves and their principles of equity and workers' self-management since becoming widespread following the country's 2001-2 economic crisis. Specialist Spanish-language sources, survey data and documents are analysed through four key sociological themes. We find that the number of WRCs has increased in Argentina, and that they represent a viable production model. Further, they have generally maintained their central principles and even flourished. This occurred despite the global economic crisis, legal and financial pressures to adopt capitalist practices and management structures, the risk of market absorption and state attempts to coopt, demobilise and depoliticise the movement. We argue that today they function as a much-needed international beacon of an alternative vision for labour and that integration of their experience has potential to revitalise the field.

  2. Bedford v. Canada: a paradigmatic case toward ensuring the human and health rights of sex workers.

    Science.gov (United States)

    Galldin, Karin; Robertson, Leslie; Wiseman, Charlene

    2011-10-01

    The Criminal Code of Canada prohibits certain aspects of sex work: the keeping of a common bawdy-house, living off the avails of prostitution and communicating for the purposes of prostitution in a public place. These legal constraints impede sex workers' ability to practise their profession safely and without risk to their bodily integrity; they also impair their personal autonomy and can lead to their stigmatization. Bedford v. Canada is a groundbreaking case, since the applicants and intervening organizations seek to overturn aspects of Canadian law that specifically put the health and human rights of sex workers at risk.

  3. Patterns of abuse amongst Sri Lankan women returning home after working as domestic maids in the Middle East: An exploratory study of medico-legal referrals.

    Science.gov (United States)

    Wickramage, Kolitha; De Silva, Malintha; Peiris, Sharika

    2017-01-01

    Migrant worker abuse is well recognised, but poorly characterised within the scientific literature. This study aimed to explore patterns of abuse amongst Sri Lankan women returning home after working as domestic maids. Sri Lanka has over 2 million of its citizens employed overseas as international labor migrants. A cross-sectional study was conducted on Sri Lankan female domestic maids returning from the Middle East region who were referred for medico-legal opinion. A total of 20 women were included in the study. Average length of their employment overseas was 14 months. Complaints of physical violence directed mainly through their employers were made by 60% of women. Upon physical examination, two-thirds had evidence of injuries, with a third being subjected to repetitive/systematic violence. Eighty percent suffered some form of psychological trauma. Personal identity papers and travel documents had been confiscated by the employer in 85% of cases, with two thirds indicating they were prevented and/or restricted from leaving their place of work/residence. Our study demonstrates that female domestic maid abuse manifests through multiple pathways. Violence against such workers span the full spectrum of physical, financial, verbal, emotional abuse and neglect, as defined by the World Health Organization. Findings from this exploratory study cannot be generalized to the large volume of migrant worker outflows. Further research is needed to determine incidence and define patterns in other migrant worker categories such as low-skilled male workers. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  4. Asthma among mink workers

    DEFF Research Database (Denmark)

    Grøntved, Berit; Carstensen, Ole; Petersen, Rolf

    2014-01-01

    We report two cases of asthma among mink workers. The first case is about a mink farmer who had asthma that was difficult to treat. In the medical history there was no clear relation to work, and no conclusive work relation with peak flow monitoring. He had a positive histamine release test to mink...... urine. The second case is about a mink farm worker, who had an asthma attack when handling mink furs. Peak flow monitoring showed a clear relation to this work, but there were no signs of allergy. We conclude that these two cases suggest an increased risk of asthma among mink workers....

  5. Legal Considerations for Health Care Practitioners After Superstorm Sandy.

    Science.gov (United States)

    Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

    2016-06-01

    During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524).

  6. Awareness of legal and social issues related to reproductive health among adolescent girls in rural Varanasi.

    Science.gov (United States)

    Kansal, Sangeeta; Singh, Sweta; Kumar, Alok

    2017-01-01

    Data on awareness of adolescent's on the legal and social issues/acts related to reproductive health, especially in rural areas, are scarce. The aim of the present cross-sectional study is to assess the awareness level of legal and social issues related to reproductive health and its association with the various individual and family/household level characteristics. 650 adolescent girls in the age group of 15-19 years were interviewed with the help of pretested and semistructured questionnaire and focus group discussions were also conducted for qualitative findings in Chiraigaon block of district Varanasi. It was observed that 42.9% of the respondents were aware of legal age of marriage, 14.9% knew about the right age of childbearing. Dowry prohibition act and domestic violence act were known to 46% and 27% respondents, respectively, and only 2.6% were aware of medical termination of pregnancy act. Logistic regression analysis shows the significant effect of education on awareness of legal age of marriage, right age of childbearing, domestic violence, and dowry prohibition acts, which is also supported by qualitative findings. All the important legal issues/acts should be included in high school curriculum and female teachers should be involved in training program for adolescents. Role of mass media in creating awareness about these issues in their routine programs should be ascertained. Accredited Social Health Activist and Anganwadi workers should be aware of and include these issues/acts in adolescent meetings.

  7. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  8. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  9. Social workers as "experts" in the family court system: is evidence-based practice a missing link or host-created knowledge?

    Science.gov (United States)

    Prescott, Dana E

    2013-10-01

    The graduate school curriculum for social workers requires that students learn to critically distinguish between opinion-based knowledge and evidence-based practices, or empirically-supported interventions. Once graduated, licensed social workers are often called upon to offer diagnostic and predictive opinions as experts in a variety of macro-environments. When the family courts are that "host" environment, social workers proffer expert opinions that may categorize and label parents or children for purposes of a judge's allocation of physical or legal custody. In this article, it is suggested that the social work profession, within all three domains of education, practice, and research, should more precisely link the design and fidelity of an evidence-based practice (EBP) with its potential misapplication or warping when proffered as science in "host" environments like family courts. As Foucault and other scholars warn, the failure to verify that an intervention is applied correctly may actually enhance the risk of social injustice by interpreting and translating EBP knowledge in the non-empirical form of authority-by-license. This article, therefore, proposes that the social work profession, from the classroom to the field, has an obligation to thoroughly understand and engage interdisciplinary practices that assure respect for the strengths and limits of social work knowledge.

  10. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  11. Identifying structural barriers to an effective HIV response: using the National Composite Policy Index data to evaluate the human rights, legal and policy environment

    Science.gov (United States)

    Gruskin, Sofia; Ferguson, Laura; Alfven, Tobias; Rugg, Deborah; Peersman, Greet

    2013-01-01

    Introduction Attention to the negative effects of structural barriers on HIV efforts is increasing. Reviewing national legal and policy environments with attention to the international human rights commitments of states is a means of assessing and providing focus for addressing these barriers to effective HIV responses. Methods Law and policy data from the 171 countries reporting under the Declaration of Commitment from the 2001 United Nations General Assembly Special Session on HIV/AIDS were analyzed to assess attention to human rights in national legal and policy environments as relevant to the health and rights of key populations such as people who inject drugs, men who have sex with men and sex workers. Results Seventy-eight governments and civil society in 106 countries report the existence of laws and policies which present obstacles to accessing HIV services for key populations. Laws and policies which positively affect access to HIV-related services, in and of themselves constituting structural interventions, were also reported. The dissonance between laws and how this impacts the availability and use of HIV-related services deserve greater attention. Conclusions Recognition of the harms inherent in laws that constitute structural barriers to effective HIV responses and the potential positive role that a supportive legal environment can play suggests the need for legal reform to ensure an enabling regulatory framework within which HIV services can be effectively delivered and used by the populations who need them. Moving beyond laws and policies, further efforts are required to determine how to capture information on the range of structural barriers. Teasing apart the impact of different barriers, as well as the structural interventions put in place to address them, remains complicated. Capturing the impact of policy and legal interventions can ultimately support governments and civil society to ensure the human rights of key populations are protected in

  12. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

  13. How Does Legalization of Physician-Assisted Suicide Affect Rates of Suicide?

    Science.gov (United States)

    Jones, David Albert; Paton, David

    2015-10-01

    Several US states have legalized or decriminalized physician-assisted suicide (PAS) while others are considering permitting PAS. Although it has been suggested that legalization could lead to a reduction in total suicides and to a delay in those suicides that do occur, to date no research has tested whether these effects can be identified in practice. The aim of this study was to fill this gap by examining the association between the legalization of PAS and state-level suicide rates in the United States between 1990 and 2013. We used regression analysis to test the change in rates of nonassisted suicides and total suicides (including assisted suicides) before and after the legalization of PAS. Controlling for various socioeconomic factors, unobservable state and year effects, and state-specific linear trends, we found that legalizing PAS was associated with a 6.3% (95% confidence interval 2.70%-9.9%) increase in total suicides (including assisted suicides). This effect was larger in the individuals older than 65 years (14.5%, CI 6.4%-22.7%). Introduction of PAS was neither associated with a reduction in nonassisted suicide rates nor with an increase in the mean age of nonassisted suicide. Legalizing PAS has been associated with an increased rate of total suicides relative to other states and no decrease in nonassisted suicides. This suggests either that PAS does not inhibit (nor acts as an alternative to) nonassisted suicide, or that it acts in this way in some individuals but is associated with an increased inclination to suicide in other individuals.

  14. LEGAL AID IN INDIA: RETUNING PHILOSOPHICAL CHORDS

    Directory of Open Access Journals (Sweden)

    S. Chandra

    2015-01-01

    Full Text Available Legal aid in India has evolved over the last few decades since 42nd Amendment to the Indian Constitution. This paper attempts to provide philosophical underpinnings suggesting how legal aid model has evolved over the years and excogitate a newer trajectory for its future evolution. It delves into weighing Kant’s imperfect duty justifying a charity based regime and marks a transition to utilitarian model suggesting requirement of institutional need to address issues of basic liberty of ‘access to justice.’ It also spells out Rawls’ principles of justice and attempts to explore their applicability in the Indian context, to chart out a road map for future. While contrasting different models on legal aids, it makes a finding that, India doesn’t accord priority to liberty of access to justice. The Indian Supreme Court has emerged as a bastion of liberty but the finer details of the enactment has been messed up by the Indian lawmakers. The lower compensation to lawyers and lack of alternative incentives in attracting established litigators, testifies this. There is a convergence in Kantian duty of benevolence and Rawls’ liberty principle but in the world of moral relativism, a fair compensation must precede before imposing any obligation on lawyers to take up pro bono matters, as doing so, is likely to compromise their ‘true needs.’

  15. On the obstacles and solutions in the application of Chinese criminal legal aid system

    Directory of Open Access Journals (Sweden)

    Wang Sh.

    2016-06-01

    Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

  16. Shared Electronic Health Record Systems: Key Legal and Security Challenges.

    Science.gov (United States)

    Christiansen, Ellen K; Skipenes, Eva; Hausken, Marie F; Skeie, Svein; Østbye, Truls; Iversen, Marjolein M

    2017-11-01

    Use of shared electronic health records opens a whole range of new possibilities for flexible and fruitful cooperation among health personnel in different health institutions, to the benefit of the patients. There are, however, unsolved legal and security challenges. The overall aim of this article is to highlight legal and security challenges that should be considered before using shared electronic cooperation platforms and health record systems to avoid legal and security "surprises" subsequent to the implementation. Practical lessons learned from the use of a web-based ulcer record system involving patients, community nurses, GPs, and hospital nurses and doctors in specialist health care are used to illustrate challenges we faced. Discussion of possible legal and security challenges is critical for successful implementation of shared electronic collaboration systems. Key challenges include (1) allocation of responsibility, (2) documentation routines, (3) and integrated or federated access control. We discuss and suggest how challenges of legal and security aspects can be handled. This discussion may be useful for both current and future users, as well as policy makers.

  17. On Plagiarism and Power Relations in Legal Academia and Legal Education

    Directory of Open Access Journals (Sweden)

    Tilen Štajnpihler

    2017-12-01

    Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

  18. Worker policing in the German wasp Vespula germanica

    OpenAIRE

    Wim Bonckaert; Kristel Vuerinckx; Johan Billen; Rob L. Hammond; Laurent Keller; Tom Wenseleers

    2008-01-01

    In some ants, bees, and wasps, workers kill or "police" male eggs laid by other workers in order to maintain the reproductive primacy of the queen. Kin selection theory predicts that multiple mating by the queen is one factor that can selectively favor worker policing. This is because when the queen is mated to multiple males, workers are more closely related to the queen's sons than to the sons of other workers. Earlier work has suggested that reproductive patterns in the German wasp Vespula...

  19. Female street sex workers in Hong Kong: moving beyond sexual health.

    Science.gov (United States)

    Wong, William C W; Holroyd, Eleanor A; Gray, Ann; Ling, Davina C

    2006-05-01

    For many years, the sex industry in Hong Kong has appeared to be an integral and ever-expanding component of the city's sociocultural and economic structure. Accordingly, the physical and psychological health of sex workers is becoming an increasing concern for the workers themselves, the public, and government policy. A cross-sectional survey on the quality of life (World Health Organization Quality of Life [WHOQOL]) of female sex workers (FSWs) in Hong Kong was used to investigate the physical and psychological well-being of street FSWs, and the results were compared with those of non-sex-working Hong Kong women after adjusting for age, educational level, marital status, and health status. The 89 FSWs surveyed scored significantly lower on QOL--WHOQOL-BREF (HK)--measures compared with the non-sex-working women. One common aspect among these sex workers was their negative view of themselves and of life. Many sex workers were at risk of being abused while at work, and many women worked without legal protection. Most of the women surveyed engaged in sex work to support their families. Because their income was often insufficient, some of their needs, especially those concerning health, were often neglected. The low WHOQOL-BREF (HK) scores in FSWs indicate feelings of helplessness and entrapment, which may well result in detrimental effects on sex workers' health, self-esteem, and confidence when asserting their basic rights, such as access to healthcare and safety. The conclusion highlights the vulnerability of this population to apparent weaknesses in Hong Kong's current healthcare system.

  20. THE READINESS OF FOREIGN WORKERS REGULATIONS IN THE ENGINEERING AND MEDICAL PRACTITIONERS SECTOR ENTERING THE ASEAN ECONOMIC COMMUNITY

    Directory of Open Access Journals (Sweden)

    Agusmidah

    2016-01-01

    Full Text Available Protection of the domestic labor market and prevention of skilled foreign workers entry through negative list are not in accordance with free market principle of the ASEAN Economic Community (AEC to be implemented in ASEAN countries such as Indonesia in the second half of 2015. However, restrictions are still practiced by some Indonesian government institutions, such as Ministry of Health for doctors, dentists, and nurses, the Ministry of Public Works for surveyors, and the Ministry of Tourism for tourism profesionals. Through literature study and legal analysis, it was found that foreign workers restriction by professional associations according to certain competency standards aims to prevent domestic work from being monopolized by skilled foreign workers in the AEC 2015 era.

  1. Chest X ray examination of workers exposed to pneumoconiosis risk

    International Nuclear Information System (INIS)

    Indovina, P.L.; Reggiani, A.; Calicchia, A.; Nicolosi, A.

    1986-01-01

    Chest X-ray examination of workers exposed to pneumoconiosis risk: critical analysis of legal and radiation protection aspects. Chest X-ray examination is one of the most common radiological examinations practised in Italy. According to Presidential Decree 1124/65, workers exposed to risk of asbestosis and silicosis must undergo a chest radiography once a year, on occasion of the periodic medical examination. Basic requirements aimed at the radiation protection of the patient must therefore be complied with, and optimization of the chest radiography execution procedures is required. This paper illustrates the results obtained with the implementation of the NEXT programme in Italy for this kind of X-ray examination. The main objective of the NEXT programme is the optimization of radiological techniques. On the basis of the most recent publications in the field of radiation protection, a critical analysis is made of the laws in force in Italy

  2. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  3. Study on workloads of human care worker with the introduction of IT system - the characteristics of work loads by observational research and the suggestions for KAIZEN.

    Science.gov (United States)

    Mizuno, Yuki; Yoshikawa, Toru; Matsuda, Fumiko; Takeuchi, Yuriko; Motegi, Nobuyuki; Ikegami, Thor; Sakai, Kazuhiro

    2012-01-01

    The purpose of this study was to clarify the characteristic of workloads on human care worker with the introduction of IT system, and suggested the support measures for KAIZEN in Japan. The investigation method is workflow line and hearing with a focus on work observation. The objects were 8 human care workers of the acute hospital that introduced an electronic system. By the introduction of the electronic chart, the nurse station sojourn time decreased, sickroom sojourn time increased, and time about direct nursing care to a patient increased. In addition, access to patient information became easy, and the offer of the health care service based on correct information came to be possible in real time. By The point of workflow line, it was effect that moving lengths decreased in order to install the electronic chart in patients' rooms. Though, it was a problem that it hasn't formed where to place the instruments such as sphygmomanometer, clinical thermometer and others.

  4. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  5. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

  6. [Psychotropic medication use by French active self-employed workers].

    Science.gov (United States)

    Ha-Vinh, Philippe; Régnard, Pierre; Sauze, Laurent

    2011-04-01

    INTERESTS OF THE STUDY: In the self-employed workers population (shop keepers, craft men, industrialists and liberal professions), psychotropic medications use and discrepancies between occupational situations have never been evaluated before. It is nevertheless a prerequisite in preventive actions against addictions, stress and injuries caused by disorders of attentiveness at work. The French Self Employed Workers Health Care Insurance Fund affiliate members data base was analysed for active workers from 18 to 60 years of age living in the Provence Alpes Côte d'Azur Region. From this population the cases were defined as having refunded ambulatory prescription of behind the counter psychotropic treatment during the year 2009 (anxiolytic, antidepressant, hypnotic, neuroleptic, lithium, alcoholic or opioid dependance therapy) and the randomised control sample was constituted by drawing the key of the social security number. A case-control multivariate logistic regression adjusted for gender, age and place of abode was used for searching discrepancy between occupational situations. Anxiolytic, antidepressant or hypnotic consumers are the most numerous (906; 557 and 446 consumers per 10 000 persons-year respectively). Antidepressant, neuroleptic and opioid dependance therapy are the three main posts of expense for the health insurance (584 505; 169 947 and 151 201 € per year respectively). When compared to workers of the construction sector, workers of retail trade of clothes had an Odd Ratio of 2,04 [95%CI 1,46-2,85] for anxiolytics consumption and 2,29 [95%CI 1,67-3,14] for antidepressants consumption, workers in the sector of the hotel and catering had an Odd Ratio of 1,62 [95%CI 1,19-2,22] for alcoholic dependance therapy medicines consumption, workers in the accountant, legal and financial sector had an Odd Ratio of 0,05 [95%CI 0,01-0,32] for opioid dependence therapy medicines consumption. Occupations associated with increased psychotropic medicines

  7. A Goddess for semiotics of law and legal discourse

    Directory of Open Access Journals (Sweden)

    Jan M. Broekman

    2011-12-01

    Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on

  8. Are workers of Atta leafcutter ants capable of reproduction?

    DEFF Research Database (Denmark)

    Dijkstra, Michiel Bendert; Boomsma, Jacobus Jan

    2006-01-01

    ovaries. Workers of Atta leafcutter ants only lay trophic eggs in queenright colonies. Although Atta colonies are commonly kept at universities, museums, and zoos, no reports of worker sons in orphaned colonies exist, suggesting that Atta workers are infertile. To explicitly test this, we created eleven...

  9. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  10. Accidents at work in the health care - legal aspects in Poland.

    Science.gov (United States)

    Szereda, Kamil; Szymańska, Jolanta

    2016-01-01

    An accident at work is a sudden event caused by external circumstances that occurred in relation to work. Referring to the current legislation, the Supreme Court judgments and the opinions contained in publications, the authors discuss the legal aspects of selected accidents: needle stick injuries, cuts with other sharp tools, heart attacks and strokes among health professionals and social workers in Poland. It has been stressed that defining rigid criteria that allow for stating unequivocal work - accidents relationships would be difficult or even impossible. Especially in the case of medical personnel the long-term and negative impact of stress on health is significant, and thus the occurrence of work accidents - heart attack or stroke. © 2016 MEDPRESS.

  11. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

  12. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

  13. Physicians' attitudes toward the legalization of marijuana use.

    Science.gov (United States)

    Linn, L S; Yager, J; Leake, B

    1989-06-01

    We asked 303 practicing physicians in general internal medicine, family medicine, gastroenterology, or psychiatry to indicate whether possessing or using marijuana should be considered a felony, a misdemeanor, warrant the issuance of a citation, or be legalized. The position physicians advocated was unrelated to their specialty, experience diagnosing or treating substance abuse problems, their attitudes toward the efficacy of the treatment of drug abuse, or any other work role or habit we measured. Legalization or citation as compared with harsher penalties, however, was more likely favored by physicians who were younger, less religious, politically more liberal, and those less likely to perceive a serious drug problem in society. Legalization was also more likely favored by physicians who themselves had used marijuana, cocaine, and amphetamines but was unrelated to the use of alcohol, cigarettes, or tranquilizers. Although physician opinion should be sought as society deals with the drug problem, this study suggests how physicians' characteristics may influence the opinions that are rendered.

  14. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  15. Industrial radiography in the State of Bahia, Brazil: The health protection of workers

    International Nuclear Information System (INIS)

    Andrade, Ana Emilia Oliveira de

    1997-01-01

    This study aimed to identify the Regulatory and Inspection Authority for actions developed by industrial radiography enterprises in the State of Bahia, Brazil, concerning health protection of workers exposed to ionizing radiation in industry. Institutions which legislate about this matter at international, national and State level were identified. These legislations were analysed according to recommendations by the Basic Safety Standards from the Atomic Energy International Agency. Medical Supervision is proposed as a factor to warrant protection to worker's health. This is a service evaluation study, encompassing results, processes and structural components. Emphasis is given to the process component which investigated the adequacy of which is performed by employees and workers. Five enterprises which provide industrial radiography services in the State of Bahia were identified, employing forty workers on a temporary basis. This study also observed: intense workforce, a complete process of contracting out in the sector; inadequate conditions of work organization (long work journey, night work, lack of days-off schedule); inefficiency of medical services responsible by worker's protection concerning radiation specific risks as well as other occupational risks, unrelated to main activity. There is a legal basis for Authorities actions, although it has not been completely implemented. These findings embased the elaboration of a proposal of a Surveillance Program for the Worker Exposed to Industrial Radiation, which includes the setting of safety standards and monitoring of workers exposed to ionization radiation in the occupational environment, accident prevention in this activity and the specialized health care to those affected by radio accidents. (author)

  16. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  17. Measuring the way forward in Haiti: grounding disaster relief in the legal framework of human rights.

    Science.gov (United States)

    Klasing, Amanda M; Moses, P Scott; Satterthwaite, Margaret L

    2011-07-14

    This article provides results from an online survey of humanitarian workers and volunteers that was conducted in May and June 2010. The purpose of the survey was to understand how the humanitarian aid system adopts or incorporates human rights into its post-natural disaster work and metrics. Data collected from Haiti suggest that humanitarians have embraced a rights-based approach but that they do not agree about how this is defined or about what standards and indicators can be considered rights-based. This disagreement may reveal that humanitarians are aware of a mismatch between the rights-based approach to post-disaster humanitarian work and the legal framework of human rights. Using participation and accountability as examples, this article identifies and examines this mismatch and suggests that the humanitarian aid system should more fully embrace engagement with the human rights framework. To do so, the article concludes, humanitarian actors and the human rights community should have an open dialogue about the development of metrics that accurately reflect and monitor adherence to the legal framework of human rights. This would allow the humanitarian aid system to ensure its interventions enhance the capacity of the disaster-affected state to fulfill its human rights obligations, and would allow humanitarian and human rights actors alike to measure the impact of such interventions on the realization of human rights in post-natural disaster settings. Copyright © 2011 Klasing, Moses, and Satterthwaite. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  18. Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

    Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

  19. [Consent and confidentiality in occupational health practice: balance between legal requirements and ethical values].

    Science.gov (United States)

    Mora, Erika; Franco, G

    2010-01-01

    The recently introduced Italian law on the protection of workers' health states that the occupational health physician (competent physician) is required to act according to the Code of Ethics of the International Commission on Occupational Health (ICOH). This paper aims at examining the articles of legislative decree 81/2008 dealing with informed consent and confidentiality compared with the corresponding points of the ICOH Ethics Code. Analysis of the relationship between articles 25 and 39 (informed consent) and 18, 20 and 39 (confidentiality) of the decree shows that there are some points of disagreement between the legal requirements and the Code of Ethics, in particular concerning prescribed health surveillance, consent based on appropriate information (points 8, 10 and 12 of the Code) and some aspects of confidentiality (points 10, 20, 21, 22 and 23 of the Code). Although the competent physician is required to act according to the law, the decisional process could lead to a violation of workers' autonomy.

  20. Workplace managers' view of the role of co-workers in return-to-work.

    Science.gov (United States)

    Dunstan, Debra A; MacEachen, Ellen

    2016-11-01

    Theoretical and empirical research findings attest to the workplace being a social environment in which co-workers have a critical influence on the employment outcomes and return-to-work (RTW) success of other employees. However, co-workers do not have a formal role in RTW planning. The aim of this study was to explore how managers responsible for developing and implementing RTW procedures view the role of co-workers in this process. An exploratory qualitative pilot study was conducted in Canada. Participants (1 male; 13 females; mean experience in RTW = 11.8 years) were workplace (n=8) or RTW managers (n=6) with direct oversight of RTW plans. The participants were recruited via invitation from a research institute and were drawn from three different provinces. Data were gathered via open-ended questions and were coded and subject to thematic analysis. Three key themes were identified: (1) Managers view RTW as having little relevance to co-workers but expect them to cooperate with the arrangements; (2) Formal procedures are inadequate when psychosocial barriers to work resumption are present, so managers use informal strategies to engage co-workers' emotional and social support; and (3) Managers have difficulty integrating RTW procedures with other legal obligations, such as privacy and confidentiality requirements. Existing arrangements for the development and implementation of RTW are sufficient most of the time, but may be inadequate when an injured worker presents with psychosocial barriers to work resumption. Implications for Rehabilitation Standard RTW arrangements can be inadequate when a RTW plan requires active co-worker support. Privacy and confidentiality provisions can result in managers using informal procedures for information exchange and to engage co-workers. The use of risk management strategies - assessment, consultation and communication - could be used to include co-workers when workplace issues threaten the success of a RTW plan.

  1. VIOLENCE AGAINST HEALTH CARE WORKERS: A RETROSPECTIVE STUDY

    Directory of Open Access Journals (Sweden)

    Hacer ATAMAN

    2016-01-01

    Full Text Available As violence in society is increasing in recent years it is an important problem in health institutions as well. Changes in health systems, rising socio-economic levels of people, and changes in expectations for health services led to violence in health sector. This study was conducted for the purpose of examining work place violence against health care workers. This retrospective-descriptive study covers a period from December 2011 to April 2015. 136 notifications about work place violence reported by health workers to quality management unit of a hospital were taken into account. Research findings show that 43,4% of the victims of violence was physicians, 37,5% was nurses and health officers and 19,1% were from other professions. 63,2% of the health workers were women, 36,8% were male. Additionally health workers were exposed to violence by 47.3% of the patients and 52.7% by their relatives. 69.7% of the people applied violence were male and 30.3% were female. 63,2% of the health workers exposed to violence were women, 36,8% were male. According to our results male physicians were exposed to workplace violence more than other workers and this was significant ( χ 2=31,634, p<0,01. When place of violence occurred was investigated it was seen that while most of physicians were exposed to violence in polyclinics, nurses were exposed to violence in inpatient services (χ2=18,231, p<0,01. Male physicians were exposed to verbal violence most. On the other hand nurses experienced both verbal and physical violence (χ2=34,639,p<0.01. Patient relatives applied verbal violence and the others applied physical violence (χ2=22,073, p<0,01. As a result, in order to reduce / prevent violence in work place , it is considered necessary to increase consciousness of patients and their relatives, to increase security measures in health institutions, to provide health workers to report work place violence to management , to improve physical working conditions and

  2. The battle over workers' compensation.

    Science.gov (United States)

    Ellenberger, J N

    2000-01-01

    Faced with lower profits and rapidly increasing premium costs in the 1980s, insurers and employer organizations cleverly parlayed the public perception of worker fraud and abuse in the workers' compensation system (that they helped to create) into massive legislative changes. Over the last decade, state legislators and governors, Republican and Democrat alike, have jumped on this bandwagon, one that workers and their allies have dubbed the workers' compensation "deform" movement. Alleging a "game plan" and a calculated campaign on the part of insurers and employers, the author looks at the major components of changes that were made, examines the elements of workers' compensation over which employers and insurers have gained control, and discusses Newt Gingrich's efforts to capitalize on employer and insurer fervor over the system. This campaign whistled through the country until it goaded the labor movement, injured workers, the trial bar, and others in Ohio in 1997 to organize themselves to stand up to employers by defeating the deform law through a ballot initiative. The article details that battle and suggests that similar voices can be achieved through a return to grassroots organizing and mobilization.

  3. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  4. Evaluating the working conditions and exposure to abuse of Filipino home care workers in Israel: characteristics and clinical correlates.

    Science.gov (United States)

    Ayalon, Liat

    2009-02-01

    Filipino home care workers provide the majority of around-the-clock personal care to frail individuals in Israel. To date, the working conditions as well as exposure to work-related abuse of Filipino home care workers in Israel have not been evaluated. A survey of 245 Filipino home care workers was conducted to evaluate their working conditions and exposure to abuse as well as their clinical correlates (e.g. burnout as measures by the Maslach Burnout Inventory). This was integrated with findings from interviews with Filipino home care workers, social workers, and family members of care recipients cared by Filipino home care workers. A majority of the workers (88%) reported paying large amounts of money in order to work in the country. Overall, 43% reported being asked to do more than was specified in their job description, 41% reported being verbally abused, and 40% reported not receiving adequate food. Almost half reported work-related injuries. The most consistent predictor of burnout (as measured by the Emotional Exhaustion and Depersonalization scales) was exposure to work-related abuse. Interview data identified system and societal barriers that prevent workers from using the legal system for their protection. The present study calls for further supervision of this caregiving arrangement. Psychoeducational programs directed towards all stakeholders (e.g. social workers, home care workers, care recipients, and family members of care recipients) are needed.

  5. What Do Transgender Women’s Experiences Tell Us about Law? Towards an Understanding of Law as Legal Complex

    Directory of Open Access Journals (Sweden)

    Esen Ezgi Tascioglu

    2011-01-01

    Full Text Available Based on ethnographic study conducted in Istanbul, this thesis investigates the effects of law and legal operations on transgender women’s sex work and daily lives, and seeks to disentangle the multidimensional ways through which they and their conduct are governmentalized by law in Turkey. The first part of the thesis discusses the legal dynamics surrounding transgender sex work and delineates how transgender women are expulsed from regulated sex work by the interaction of the socially produced desire around their bodies and law. Led to work outside the regulated sex trade, transgender women navigate spaces which are regulated in an ambivalent manner yet which have the net effect of drawing transgender women into street sex work. The second part shows that these legal practices on sex work do not apply to all sex workers but to nearly all transgender women, depriving them from their most basic rights. Overall my analysis demonstrates that transgender women find themselves in a multitude of legal and institutional practices that are borne out of the interaction of their social contexts, their bodily performances and legal texts and their application, and that this is done through various regulatory agents. I argue that such an examination demonstrates law’s multiplicity and heterogeneity against the unitary and sovereigntist understandings of law which prevail in popular discourse as well as scholarly and activist thinking in Turkey and abroad. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1730260

  6. Opinions of legal professionals: Comparing child and adult witnesses' memory report capabilities

    Directory of Open Access Journals (Sweden)

    Jens Knutsson

    2014-07-01

    Full Text Available The opinions of legal professionals about child and adult witnesses might influence the likelihood that a case is allowed to proceed through the different stages of the legal process. With the aim of knowing the opinions of legal practitioners about child and adult witnesses, 84 legal professionals (Swedish police, prosecutors, and attorneys were surveyed about their beliefs about child and adult eyewitness memory (and metamemory abilities. The respondents answered 27 questions relating to nine forensically relevant belief areas in which they compared the memory ability of children (ages 7 to 11 years and adults. The results showed no differences in assessment among members of different professions and a general trend suggesting that, across the professions, children were believed to be poorer witnesses than adults regarding their memory abilities. Moreover, the professionals' within-group consensus was very low. These results are discussed in the context of eyewitness research findings and with respect to the implications for both legal and research practice.

  7. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  8. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  9. How occupational health is assessed in mine workers in Murmansk Oblast

    Science.gov (United States)

    Skandfer, Morten; Siurin, Sergei; Talykova, Ljudmila; Øvrum, Arild; Brenn, Tormod; Vaktskjold, Arild

    2012-01-01

    Objectives We aimed to describe how work exposure and occupational health is assessed for mine workers in Murmansk Oblast, Russia. Study design A descriptive study based on current practice, laws and available literature. Methods The information and data were obtained from scientific publications, reports, regional and federal statistics, legal documents, through personal visits and onsite inspections. Results Several institutions are involved in these assessments, but all mine workers have been examined by specialists at one institution, which helps to ensure that the work is of stable quality and adds reliability value to the numbers. Workplace risks are assigned hazard grades, which influence the frequency of periodic medical examinations and salary levels. The examinations are aimed to diagnose latent or manifest occupational disease. This may lead to relocation to a workplace with lower exposure levels, free medical treatment, compensation and a lower pension age. Conclusions Regulations and systems to protect the health of mine workers have more emphasis on control and repair than on prevention. Since relocation can lower the salary, some workers may under-report medical problems. To what degree this happens is unknown. The mining enterprises pay the medical service provider for periodic medical examinations, which could potentially weaken their independent role. This framework is important to understand when studying and assessing the health of working populations in the circumpolar region. PMID:22584515

  10. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries.

    Science.gov (United States)

    Mann, Heather; Garcia-Rada, Ximena; Hornuf, Lars; Tafurt, Juan

    2016-01-01

    The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e., dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family) and internal sanctions (feelings of guilt). Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  11. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries

    Directory of Open Access Journals (Sweden)

    Heather eMann

    2016-02-01

    Full Text Available The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e. dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family and internal sanctions (feelings of guilt. Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  12. Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

    This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

  13. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  14. Chromosome breakage in peripheral lymphocytes of thorium workers

    International Nuclear Information System (INIS)

    Hoegerman, S.F.; Cummins, H.T.

    1979-01-01

    Cytogenic analysis of 21 thorium workers and 3 controls has not shown a significant elevation in the level of chromosome breakage in the workers' peripheral lymphocytes. The observation of a single dicentric chromosome in 100-cell samples from each of two workers with relatively long periods of occupational exposure and relatively high body burdens suggests, however, that such exposure might result in increases in chromosome aberration frequency

  15. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  16. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

    Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

  17. [Selective internationalization: foreign workers and Japanese society].

    Science.gov (United States)

    Ito, R

    1990-01-01

    Japan's December 1989 revision of the law on immigration and recognition of refugees was intended to provide greater felxibility for employment of foreigners with specialized skills or professional qualifications while excluding migrant workers. This policy, referred to as selective internationalization by the author, represents an effort by the government to early 1980s and to changes in the Japanese economy which after decades of rapid growth is entering a new phase of diversification. The ideal of national homogeneity has prevented formulation of any coherent policy of integrating Japan's foreign born population, mostly descendents of laborers from Japan's former colonies. In 1988, Japan's 677,000 Korean residents constituted 72% of the foreign population registered in Japan. As of 1988, some 40,000 foreigners were registered as residents and permitted to work in any of several well-defined areas. The number, while small, is growing. Illegal migrants are defined essentially as foreigners exercising economic activities not authorized by their visas. The number of such workers is notoriously difficult to estimate, but the number of expulsions for labor violations increased by 4700 in 1989 to 22,600, suggesting that the problem is growing. The Ministry of Justice estimated the number of foreigners in irregular situations at 70,000 in 1988, and it has probably reached 120,000 at present. The number of foreign workers, authorized or not, is estimated at 150-160,000 or .3% of the active population. The 1989 revision of the immigration law does not constitute a foreign labor policy, but it does clearly signal the end of complete protectionism vis a vis the labor market which characterized Japan's period of rapid growth. Internationalization of the labor market reflects 2 concerns, provision of highly qualified employees to enable large enterprises to adapt more readily to changing international conditions, and continued control over the foreign labor supply of small

  18. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  19. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

    Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

  20. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    OpenAIRE

    Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

    2017-01-01

    The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

  1. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

    Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

  2. Globalization and workers' health.

    Science.gov (United States)

    Kawachi, Ichiro

    2008-10-01

    The global integration of economies worldwide has led to increased pressure for "labor flexibility". A notable aspect of this trend has been the rise in non-standard work arrangements, which include part-time work, temporary agency-based work, fixed-term contingent work, and independent contracting. Although non-standard work arrangements are convenient for employers, they are often associated with poor pay, absence of pension and health benefits, as well as lack of protection from unions and labor laws. Studies have begun to address the question of whether these "precarious" jobs pose a health hazard for workers. The challenge for causal inference is that precarious workers are likely to differ from non-precarious workers in a variety of characteristics that also influence health outcomes, i.e. there is confounding and selection bias. However, even after taking account of these biases--through propensity score-matched analysis--there is evidence to suggest that non-standard work may be damaging to workers' health. Policies modeled after the European Union's Directive on Part-Time Work may help to mitigate some of the health hazards associated with precarious work.

  3. medico-legal an overview of some of the key legal developments in ...

    African Journals Online (AJOL)

    Enrique

    equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

  4. The privatization of electricity distribution in Turkey: A legal and economic analysis

    International Nuclear Information System (INIS)

    Ulusoy, Ali; Oguz, Fuat

    2007-01-01

    This paper analyzes the recent regulatory reform in the Turkish Electricity Distribution Market from a legal and economic perspective. We highlight tensions between the judiciary, politicians and bureaucracy and discuss their economic consequences. The paper engages in a discussion of economic consequences of legal procedures. We stress interactions between legal decisions and economic institutions. The historical positions of the Constitutional Court and Danistay (Council of State), on privatizations have been ambivalent and it is hard to qualify them as an incentive for privatization and reform, despite some recent liberal decisions. We address reasons behind their decisions and offer some suggestions toward improving the privatization process

  5. The adaptive significance of inquiline parasite workers

    DEFF Research Database (Denmark)

    Sumner, Seirian; Nash, David R; Boomsma, Jacobus J

    2003-01-01

    Social parasites exploit the socially managed resources of their host's society. Inquiline social parasites are dependent on their host throughout their life cycle, and so many of the traits inherited from their free-living ancestor are removed by natural selection. One trait that is commonly lost...... is the worker caste, the functions of which are adequately fulfilled by host workers. The few inquiline parasites that have retained a worker caste are thought to be at a transitional stage in the evolution of social parasitism, and their worker castes are considered vestigial and non-adaptive. However...... a vital role in ensuring the parasite's fitness. We show that the presence of these parasite workers has a positive effect on the production of parasite sexuals and a negative effect on the production of host sexuals. This suggests that inquiline workers play a vital role in suppressing host queen...

  6. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

    At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

  7. Socially Constructed Hierarchies of Impairments: The Case of Australian and Irish Workers' Access to Compensation for Injuries.

    Science.gov (United States)

    Harpur, Paul; Connolly, Ursula; Blanck, Peter

    2017-12-01

    Socially constructed hierarchies of impairment complicate the general disadvantage experienced by workers with disabilities. Workers with a range of abilities categorized as a "disability" are likely to experience less favourable treatment at work and have their rights to work discounted by laws and institutions, as compared to workers without disabilities. Value judgments in workplace culture and local law mean that the extent of disadvantage experienced by workers with disabilities additionally will depend upon the type of impairment they have. Rather than focusing upon the extent and severity of the impairment and how society turns an impairment into a recognized disability, this article aims to critically analyse the social hierarchy of physical versus mental impairment. Using legal doctrinal research methods, this paper analysis how Australian and Irish workers' compensation and negligence laws regard workers with mental injuries and impairments as less deserving of compensation and protection than like workers who have physical and sensory injuries or impairments. This research finds that workers who acquire and manifest mental injuries and impairments at work are less able to obtain compensation and protection than workers who have developed physical and sensory injuries of equal or lesser severity. Organizational cultures and governmental laws and policies that treat workers less favourably because they have mental injuries and impairments perpetuates unfair and artificial hierarchies of disability attributes. We conclude that these "sanist" attitudes undermine equal access to compensation for workplace injury as prohibited by the United Nations Convention on the Rights of Persons with Disabilities.

  8. The "toxic dose" of system problems: why some injured workers don't return to work as expected.

    Science.gov (United States)

    MacEachen, Ellen; Kosny, Agnieszka; Ferrier, Sue; Chambers, Lori

    2010-09-01

    Introduction Most workers who incur an injury on the job follow a relatively straightforward path through a workers' compensation claim, recovery and return to work. However, a minority of compensation claims is prolonged and can be disproportionately costly. We conducted this qualitative study in order to gain an understanding of systemic, process-related problems affecting injured workers who had failed to return to work as expected. Method A total of 69 in-depth interviews were conducted with injured workers with complex and extended workers' compensation claims and with return-to-work (RTW) providers such as health care providers, insurers, legal advisors, and workplaces. The study was based in Ontario, Canada. A modified grounded theory analysis led to the identification of common mechanisms in RTW problems. Results We identify problems with return to work and extended workers' compensation claims in dysfunctions in organizational dynamics across RTW systems including the workplace, healthcare, vocational rehabilitation and workers' compensation. These system problems are difficult to identify because they appear as relatively mundane and bureaucratic. These appeared to have damaging effects on workers in the form of a 'toxic dose' affecting the worker beyond the initial injury. Conclusions Worker's problems with extended claims were linked to RTW policies that did not easily accommodate conflict or power imbalances among RTW parties and by social relations and processes that impeded communication about RTW situations and problems. Avenues for intervention are located in a shift to a critical lens to RTW process that addresses differences of knowledge, resources, and interests among different parties.

  9. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  10. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  11. HIV behavioural risks and the role of work environment among Chinese male sex workers in Hong Kong.

    Science.gov (United States)

    Wong, William C W; Leung, Phil W S; Li, C W

    2012-01-01

    Male sex workers are a highly marginalised group in Hong Kong and it is increasingly so with an influx of them travelling from mainland China to work as "freelance" sex workers. This study aimed to measure important work environment variables that might affect the likelihood of condom use among male sex workers working in Hong Kong. A cross-sectional survey of 161 participants recruited by snowball and convenience sampling methods through outreach workers of a local non-governmental organization was conducted in 2007-2008. Only 27.4%, 54.7% and 42.6% reported consistent condom use when engaging in oral, anal and vaginal sex, respectively. Logistic regression shows unsafe sex was nearly four times (OR=3.41; 95%CI 1.51-7.69) as common in institutionalised male sex workers as among their independent counterparts. Lack of condoms provided at workplaces was a major barrier in this socio-legal context and was strongly associated with condom non-use amongst institutionalised sex workers (OR= 10.86; 95%CI 2.94-40.17). The present study finds that when compared with independent Male sex workers (MSWs), institutionalised MSWs were older, less educated, earned a higher income but more likely to engage in unsafe sex with their clients and their partners. Public health physicians must work with law-enforcing authorities to provide clear guidelines to remove these HIV prevention barriers.

  12. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

  13. Companies Can Apologize: Corporate Apologies and Legal Liability.

    Science.gov (United States)

    Patel, Ameeta; Reinsch, Lamar

    2003-01-01

    Indicates that apologies generally do not constitute evidence of guilt and that, in fact, they sometimes have positive consequences for the apologist. Suggests that persons who practice (or teach) crisis communication should avoid the mistake of relying on an over-simplified and inaccurate understanding of the legal issues surrounding corporate…

  14. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

    Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

  15. The changing purpose of mental health law: From medicalism to legalism to new legalism.

    Science.gov (United States)

    Brown, Jennifer

    2016-01-01

    The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

  16. Belief and legal philosophy: a conceptual framework for Christian scholarship in undergraduate legal education

    Directory of Open Access Journals (Sweden)

    S. de Freitas

    2009-07-01

    Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.

  17. You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions.

    Science.gov (United States)

    Miller, Laurence

    2009-01-01

    Rightly or wrongly, law enforcement, public safety, medical, mental health, legal, and emergency services professionals may have to face internal investigation, disciplinary measures, license suspension, criminal prosecution, civil lawsuits, and/or personal life disruption related to actions taken in the course of their work. This article describes the main categories of misconduct--or simply mistakes--that can cause different types of professionals to be investigated, charged, prosecuted, and/or sued. It next discusses the kinds of psychological reactions commonly seen in workers who face these kinds of proceedings. Finally, the article offers a set of practical psychological coping strategies and procedural recommendations for dealing with the stresses of an investigation, administrative action, or litigation, and for mitigating their effects on one's life and career.

  18. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

    For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

  19. Legal Professionals' Knowledge of Eyewitness Testimony in China: A Cross-Sectional Survey.

    Directory of Open Access Journals (Sweden)

    Lina Jiang

    Full Text Available To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China.A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience.Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time among prosecutors.The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.

  20. Legal Implications of Nuclear Propulsion for Space Objects

    Science.gov (United States)

    Pop, V.

    2002-01-01

    This paper is intended to examine nuclear propulsion concepts such as "Project Orion", "Project Daedalus", NERVA, VASIMIR, from the legal point of view. The UN Principles Relevant to the Use of Nuclear Power Sources in Outer Space apply to nuclear power sources in outer space devoted to the generation of electric power on board space objects for non-propulsive purposes, and do not regulate the use of nuclear energy as a means of propulsion. However, nuclear propulsion by means of detonating atomic bombs (ORION) is, in principle, banned under the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water. The legality of use of nuclear propulsion will be analysed from different approaches - historical (i.e. the lawfulness of these projects at the time of their proposal, at the present time, and in the future - in the light of the mutability and evolution of international law), spatial (i.e. the legal regime governing peaceful nuclear explosions in different spatial zones - Earth atmosphere, Earth orbit, Solar System, and interstellar space), and technical (i.e, the legal regime applicable to different nuclear propulsion techniques, and to the various negative effects - e.g. damage to other space systems as an effect of the electromagnetic pulse, etc). The paper will analyse the positive law, and will also come with suggestions "de lege ferenda".

  1. Safeguarding patient privacy in electronic healthcare in the USA: the legal view.

    Science.gov (United States)

    Walsh, Diana; Passerini, Katia; Varshney, Upkar; Fjermestad, Jerry

    2008-01-01

    The conflict between the sweeping power of technology to access and assemble personal information and the ongoing concern about our privacy and security is ever increasing. While we gradually need higher electronic access to medical information, issues relating to patient privacy and reducing vulnerability to security breaches surmount. In this paper, we take a legal perspective and examine the existing patchwork of laws and obligations governing health information in the USA. The study finds that as Electronic Medical Records (EMRs) increase in scope and dissemination, privacy protections gradually decrease due to the shortcomings in the legal system. The contributions of this paper are (1) an overview of the legal EMR issues in the USA, and (2) the identification of the unresolved legal issues and how these will escalate when health information is transmitted over wireless networks. More specifically, the paper discusses federal and state government regulations such as the Electronic Communications Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA) and judicial intervention. Based on the legal overview, the unresolved challenges are identified and suggestions for future research are included.

  2. Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions.

    Science.gov (United States)

    Dahlin, Moa Kindström; Leviner, Pernilla; Kaldal, Anna; Gumpert, Clara Hellner

    2010-01-01

    This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. Copyright © 2010 Elsevier Ltd. All rights reserved.

  3. Deconstruction and Reconstruction of Legal Education in China: Legitimacy and Diffusion of an Academic Discipline from 1949 to 2012

    Science.gov (United States)

    Liu, Zixi; Ting, Kwok-Fai

    2017-01-01

    Using documentary data, we investigate the evolution of legal education in China from 1949 to 2012. During this period, legal education evolved from an illegitimate practice to a legitimate practice over three distinct periods of nullification, reconstruction, and rationalization. Textual data suggest that the legitimization of legal education has…

  4. Abortion Legalization and Childbearing in Mexico.

    Science.gov (United States)

    Gutiérrez Vázquez, Edith Y; Parrado, Emilio A

    2016-06-01

    In 2007 abortion was legalized in the Federal District of Mexico, making it the largest jurisdiction in Latin America, outside of Cuba, to allow women to have abortions on request during the first trimester of pregnancy. While the implications of the law for women's health and maternal mortality have been investigated, its potential association with fertility behavior has yet to be assessed. We examine metropolitan-area differences in overall and parity-specific childbearing, as well as the age pattern of childbearing between 2000 and 2010 to identify the contribution of abortion legalization to fertility in Mexico. Our statistical specification applies difference-in-difference regression methods that control for concomitant changes in other socioeconomic predictors of fertility to assess the differential influence of the law across age groups. In addition, we account for prior fertility levels and change to better separate the effect of the law from preceding trends. Overall, the evidence suggests a systematic association between abortion legalization and fertility. The law appears to have contributed to lower fertility in Mexico City compared to other metropolitan areas and prior trends. The influence is mostly visible among women aged 20-34 in connection with the transition to first and second child, with limited impact on teenage fertility. There is some evidence that its effect might be diffusing to the Greater Mexico City Metropolitan area. © 2016 The Population Council, Inc.

  5. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  6. Constitutionalism, pluralism and the role of human rights in shaping the relations between legal orders

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    .” Hence, for instance, the Court of Justice of the EU has taken an active role in ensuring the effet utile of European law. This article discusses possible theoretical perspectives on the interactions between various legal orders in the international arena. The opposition between the dualist and monist......In the period since the end of the Cold War, the different layers of law in the international arena have become more interlinked and interwoven. This shift might suggest a development towards a legal “melting pot” involving an increased cross-application of judicial norms stemming from different...... legal orders. In fact, judges are more and more often faced with cases involving legal provisions that are foreign to their legal orders. Hans Kelsen pointed out that “the power of state is no mystical force concealed behind the state or its law; it is only the effectiveness of the national legal order...

  7. Does the medical diagnosis of occupational asthma coincide with the legal diagnosis?

    Science.gov (United States)

    Çelebi Sözener, Zeynep; Aydın, Ömür; Demirel, Yavuz Selim; Soyyiğit, Şadan; Çerçi, Pamir; Kendirlinan, Reşat; Bavbek, Sevim; Çelik, Gülfem Elif; Misirligil, Zeynep; Sin, Betül Ayşe; Keleşoğlu, Arif; Mungan, Dilşad

    2017-11-01

    The incidence of occupational asthma (OA) is increasing worldwide. In this study, we first aimed to document the rate of diagnosis of OA among patients who were referred to our clinic from the Social Security Institution and the factors that affected diagnosis; secondly, we aimed to assess the consistency of the medical and legal diagnoses. The study involved 132 consecutive patients who were referred to our clinic for the evaluation of OA between 2010 and 2015. Detailed workplace history, the tools used in the diagnosis such as peak expiratory flow (PEF) monitoring and bronchial provocation tests, and the final medical diagnosis were recorded from case files. Asthma was diagnosed in 75% (n = 99) of the patients. Among them, 22.2% were diagnosed as having OA. The diagnosis was confirmed by serial PEF measurements, non-specific bronchial hyperreactivity assessment or both of the tests both at work and off-work periods. OA diagnosis was mostly established in active workers (72.7%). The legal diagnosis period was completed in 54.5% of these 22 patients, and 50% (n = 11) were officially diagnosed as having OA with a 91.6% concordance with medical diagnosis. This study verifies the importance of diagnosing asthma correctly as a first step in the evaluation of OA. Diagnostic tests other than specific provocation tests could be preferential in patients who still work in the same field. We believe that cooperation with the patient's occupational physician and adequate recognition of the work environment will improve the consistency of legal and medical diagnoses.

  8. Legal aspects of radiation therapy in Republic of Belarus

    International Nuclear Information System (INIS)

    Gatskevich, G.V.; Tarutin, I.G.; Khoruzhik, S.A.

    2014-01-01

    The reasons that lead to harm to patients during radiotherapy considered. Some examples of radiation damage presented. The types of liability for harm to the patient used in the Republic of Belarus described. The recommendations to ensure legal protection for medical and technical personnel suggested

  9. "They're legal so they're safe, right?" What did the legal status of BZP-party pills mean to young people in New Zealand?

    Science.gov (United States)

    Sheridan, Janie; Butler, Rachael

    2010-01-01

    The legislation on psychoactive substances has a role to play with regard to shaping social values and influencing the normalisation of drug use. In New Zealand from 2005 to 2008, benzylpiperazine-containing 'legal' party pills (BZP-party pills) were legally available for purchase, subject to controls around a minimum purchase age of 18 years, and prohibitions on free of charge distribution and advertising in certain media. This paper explores what their legal status communicated to young users. Interviews and group discussions with young people (n=58) who had used BZP-party pills in the preceding 6 months. Data were collected between June and December 2006 via a series of interviews with individuals, 'friendship' pairs, and groups comprised of participants known to each other. Young people saw BZP-party pills as 'safe' and of good quality as they were legal/government sanctioned, but also thus of inferior strength, suggesting they could take more of them. However, after using them they often reviewed their view of their safety and quality due to varied experiences. Being legal for some people meant they could use the substances without breaking the law, or having to go to 'dealers'. Their legal status also meant they were easily accessible and were seen to be 'socially acceptable', with some young people indicating they would be happy to discuss their use with their parents. However, social acceptability was, for some, a reason not to use them. These data provide a unique insight into the tension between positive and negative harm reduction messages relating to the legal nature of psychoactive drugs and as such begin to fill an information void in this area. The legal status of these 'party pills' conveys mixed messages to young people and whilst being seen as potentially safe and of good quality, this often leads to higher than 'recommended' doses being used. Nevertheless, not breaking the law or having to access BZP-party pills from 'dealers', and being able to

  10. Older Workers' Communication Satisfaction in the Lodging Industry.

    Science.gov (United States)

    Fu, Yao-Yi; Mount, Daniel J.

    2002-01-01

    Usable responses from 374 hotel employees compared the satisfaction with workplace communications of younger (n=80) and older workers (n=81). Differences in terms of downward and vertical communication, corporate information, communication climate, feedback, and coworker communication suggest different ways to manage workers. (Contains 33…

  11. Malignant pleural mesothelioma risk among nuclear workers: a review

    International Nuclear Information System (INIS)

    Metz-Flamant, C; Guseva Canu, I; Laurier, D

    2011-01-01

    Exposure to ionising radiation has been suggested as a causal risk factor for malignant pleural mesothelioma (MPM). Studies of patients treated by radiotherapy for primary cancers have suggested that radiation contributes to the development of secondary MPM. Here we examined the risk to nuclear workers of MPM related to exposure to low doses of occupational radiation at low dose rates. All results concerning MPM risk in published studies of nuclear workers were examined for their association with radiation exposure and potential confounders. We found 19 relevant studies. Elevated risks of pleural cancer were reported in most (15/17) of these studies. Eight reported risks higher for radiation monitored workers than for other workers. However, of 12 studies that looked at associations with ionising radiation, only one reported a significant dose-risk association. Asbestos was an important confounder in most studies. We conclude that studies of nuclear workers have not detected an association between ionising radiation exposure and MPM. Further investigations should improve the consideration of asbestos exposure at the same time as they address the risk of MPM related to occupational exposure of nuclear workers to low doses of ionising radiation at low dose rates. (review)

  12. Malignant pleural mesothelioma risk among nuclear workers: a review

    Energy Technology Data Exchange (ETDEWEB)

    Metz-Flamant, C; Guseva Canu, I; Laurier, D, E-mail: camille.metz@irsn.fr [Laboratory of Epidemiology, Institute of Radiological Protection and Nuclear Safety (IRSN), Fontenay-aux-Roses (France)

    2011-03-01

    Exposure to ionising radiation has been suggested as a causal risk factor for malignant pleural mesothelioma (MPM). Studies of patients treated by radiotherapy for primary cancers have suggested that radiation contributes to the development of secondary MPM. Here we examined the risk to nuclear workers of MPM related to exposure to low doses of occupational radiation at low dose rates. All results concerning MPM risk in published studies of nuclear workers were examined for their association with radiation exposure and potential confounders. We found 19 relevant studies. Elevated risks of pleural cancer were reported in most (15/17) of these studies. Eight reported risks higher for radiation monitored workers than for other workers. However, of 12 studies that looked at associations with ionising radiation, only one reported a significant dose-risk association. Asbestos was an important confounder in most studies. We conclude that studies of nuclear workers have not detected an association between ionising radiation exposure and MPM. Further investigations should improve the consideration of asbestos exposure at the same time as they address the risk of MPM related to occupational exposure of nuclear workers to low doses of ionising radiation at low dose rates. (review)

  13. Changes in the Gene Expression Profiles of the Hypopharyngeal Gland of Worker Honeybees in Association with Worker Behavior and Hormonal Factors.

    Directory of Open Access Journals (Sweden)

    Takayuki Ueno

    Full Text Available The hypopharyngeal glands (HPGs of worker honeybees undergo physiological changes along with the age-dependent role change from nursing to foraging: nurse bee HPGs secrete mainly major royal jelly proteins, whereas forager HPGs secrete mainly α-glucosidase III, which converts the sucrose in the nectar into glucose and fructose. We previously identified two other genes, Apis mellifera buffy (Ambuffy and Apis mellifera matrix metalloproteinase 1 (AmMMP1, with enriched expression in nurse bee and forager HPGs, respectively. In the present study, to clarify the molecular mechanisms that coordinate HPG physiology with worker behavior, we first analyzed whether Ambuffy, AmMMP1, mrjp2 (a gene encoding one of major royal jelly protein isoforms, and Hbg3 (a gene encoding α-glucosidase III expression, is associated with worker behavior in 'single-cohort colonies' where workers of almost the same age perform different tasks. Expression of these genes correlated with the worker's role, while controlling for age, indicating their regulation associated with the worker's behavior. Associated gene expression suggested the possible involvement of some hormonal factors in its regulation. We therefore examined the relationship between ecdysone- and juvenile hormone (JH-signaling, and the expression profiles of these 'indicator' genes (nurse bee HPG-selective genes: mrjp2 and Ambuffy, and forager HPG-selective genes: Hbg3 and AmMMP1. Expression of both ecdysone-regulated genes (ecdysone receptor, mushroom body large type Kenyon cell specific protein-1, and E74 and JH-regulated genes (Methoprene tolerant and Krüppel homolog 1 was higher in the forager HPGs than in the nurse bee HPGs, suggesting the possible roles of ecdysone- and JH-regulated genes in worker HPGs. Furthermore, 20-hydroxyecdysone-treatment repressed both nurse bee- and forager-selective gene expression, whereas methoprene-treatment enhanced the expression of forager-selective genes and repressed

  14. Migrant female domestic workers: debating the economic, social and political impacts in Singapore.

    Science.gov (United States)

    Yeoh, B S; Huang, S; Gonzalez, J

    1999-01-01

    This article analyzes the impact of migrant female domestic workers on the socioeconomic and political context in Singapore. Although Singapore state policy opposes long-term immigration, there is a labor shortage which permits a transient work force of low-skilled foreign workers. In the late 1990s, Singapore had over 100,000 foreign maids, of whom 75% were from the Philippines, 20% were from Indonesia, and the rest were from Sri Lanka. Legislation ensures their short-term migrant status, restricts their numbers, and governs their employment. Migrant workers are also regulated through a stringent allocation system based on household income of employers and the need for caregivers for children. Work permits are conditioned on non-marriage to citizens of Singapore or pregnancy. Terms and conditions of migrant employment are not specified, which permits long hours of work and potential for inhumane treatment. Migrant women fulfill jobs not desired by natives and accept these jobs at lower wages. There is disagreement about the motivation for the maid levy and its need, fairness, and effectiveness in reducing demand for foreign maids. Most public discussion focuses on social values and morality of foreign maids. Politically, tensions arise over the legality of migration, which results from tourist worker migration to Singapore and circumvents Filipino labor controls. Most of the adjustment cases that come to the attention of OWWA are tourist workers. Policies should be gender sensitive.

  15. The Glass Ceiling for Women in Legal Education: Contract Positions and the Death of Tenure.

    Science.gov (United States)

    Angel, Marina

    2000-01-01

    Discussion of the glass ceiling for women in legal education first examines categories of law school personnel, especially the fast-growing category of legal-writing teachers, and then considers trends in law school hiring. Concludes that law school trends mirror those in college and university hiring generally, suggesting the weakening and…

  16. Do working environment interventions reach shift workers?

    Science.gov (United States)

    Nabe-Nielsen, Kirsten; Jørgensen, Marie Birk; Garde, Anne Helene; Clausen, Thomas

    2016-01-01

    Shift workers are exposed to more physical and psychosocial stressors in the working environment as compared to day workers. Despite the need for targeted prevention, it is likely that workplace interventions less frequently reach shift workers. The aim was therefore to investigate whether the reach of workplace interventions varied between shift workers and day workers and whether such differences could be explained by the quality of leadership exhibited at different times of the day. We used questionnaire data from 5361 female care workers in the Danish eldercare sector. The questions concerned usual working hours, quality of leadership, and self-reported implementation of workplace activities aimed at stress reduction, reorganization of the working hours, and participation in improvements of working procedures or qualifications. Compared with day workers, shift workers were less likely to be reached by workplace interventions. For example, night workers less frequently reported that they had got more flexibility (OR 0.5; 95 % CI 0.3-0.7) or that they had participated in improvements of the working procedures (OR 0.6; 95 % CI 0.5-0.8). Quality of leadership to some extent explained the lack of reach of interventions especially among fixed evening workers. In the light of the evidence of shift workers' stressful working conditions, we suggest that future studies focus on the generalizability of results of the present study and on how to reach this group and meet their needs when designing and implementing workplace interventions.

  17. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  18. REFLECTIONS ON PSYCHO-LEGAL PRACTICES IN THE TRIAGE OF THE PUBLIC DEFENDER’S OFFICE OF SÃO PAULO

    Directory of Open Access Journals (Sweden)

    Renata Ghisleni de Oliveira

    2016-11-01

    Full Text Available In this article, we presented some developments of the doctoral research in which were studied psycho-legal encounters at the Defensoria Pública do Estado de São Paulo (Public Defender’s Office of the State of São Paulo, taking the experience of the Centros de Atendimento Multidisciplinar (Multidisciplinary Assistance Centers – CAMs, acronym in Portuguese as subject. Through a qualitative intervention-research methodology based on diaries and narrative construction, we have monitored professional practices involving the joint work of defenders, social workers and psychologists at the Public Defender’s Office, between 2011 and 2013. Here, we decided to focus on the triage, space where the first assistance to people who look for legal help is performed, which allowed us to get in contact with the management of requests and the way they become legal, non-legal and psycho-social demands. In order to do that, we used information from referral forms sent to a CAM in the years 2010 and 2011, along with situations experienced in the course of this research. The theoretical references of this study are Foucault’s thought and French Institutional Analysis. The triage showed that a traditional division between knowledges is utilized, which tends to (reproduce an “unintegrated” and disciplined legal assistance, providing a familialist mode of response to the problems presented by the population. However, mental health issues emerge as something that escapes divisions, producing shifts in the work process. We believe these ways of knowing-how-to-do generate a legal assistance that tends to be more oriented to comprehensive care, constituting an experience of thinking-knowing-doing between professions that does not submit to protocols and divisions already established.

  19. Sexual harassment in the medical profession: legal and ethical responsibilities.

    Science.gov (United States)

    Mathews, Ben; Bismark, Marie M

    2015-08-17

    Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible.

  20. Legal Information Resources: A Guide for Maryland Libraries.

    Science.gov (United States)

    Miller, Michael S., Ed.

    This guidebook and annotated bibliography is designed to provide a basic listing of sources of state (Maryland), federal, and some general law for the non-law library community, and to offer some insight into the suggested approaches for dealing with legal reference inquiries. Listings of contributors and members of the Task Force on Improving…

  1. Marketing legal services on the Internet

    OpenAIRE

    Alicja Mikołajczyk

    2014-01-01

    This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

  2. Workers radiation protection. Occupational exposure to ionizing radiations in France: 2016 results

    International Nuclear Information System (INIS)

    2017-06-01

    National results of the individual monitoring of occupational exposure to ionizing radiation are reported for all civilian and military activities subject to authorization or declaration (i.e. medical and veterinary activities, nuclear industry, defence, non-nuclear industry and research), as well as for activities concerned by the enhanced exposure to natural radiation. 372 262 workers within activities subject to authorization or declaration were monitored by passive dosimetry in 2015, which represents an increase by 1.8 % compared to 2015. The average individual dose in 2016 was very close to the value in 2015. Furthermore, 14 218 workers received more than 1 mSv (i.e. the legal dose limit for the public), and 2 703 workers received more than 5 mSv. 1 worker received more than 20 mSv (i.e. the dose limit for the workers in the French regulation). As a result, the collective dose increased from 61.9 to 63.2 man.Sv (2 %), thus reaching the same level as in the years 2009 to 2013. Important differences are noticed according to the occupational activities: the average dose in the medical and veterinary field (which represents 61.2 % of the monitored workers) and that in the research field (3.1 % of the monitored workers) are less than 0.35 mSv; the average doses are higher in the nuclear field and in the non-nuclear industry (representing together 30.5 % of the monitored workers), respectively 1.15 mSv and 1.36 mSv. Concerning internal dosimetry, 279 659 individual examinations have been performed in 2016, 54 % of which are radio-toxicological analysis of excreta and 46 % are direct body counting. In 2016, 5 workers had a committed effective dose greater than or equal to 1 mSv and the maximum dose was 19.4 mSv. Data or trends relative to workers exposed to natural radioactivity are also dealt with in this report (air-crews, personnel subjected to radon exposure). In particular, results of aircrew dosimetry are reported: in 2016, the average individual dose of 19 875

  3. Workers radiation protection. Occupational exposure to ionizing radiations in France: 2015 results

    International Nuclear Information System (INIS)

    2016-06-01

    National results of the individual monitoring of occupational exposure to ionizing radiation are reported for all civilian and military activities subject to authorization or declaration (i.e. medical and veterinary activities, nuclear industry, defence, non-nuclear industry and research), as well as for activities concerned by the enhanced exposure to natural radiation. 365 830 workers within activities subject to authorization or declaration were monitored by passive dosimetry in 2015, which represents an increase by 1.7 % compared to 2014. The average individual dose in 2015 was very close to the value in 2014. Furthermore, 14 138 workers received more than 1 mSv (i.e. the legal dose limit for the public), and 2 606 workers received more than 5 mSv. 2 workers received more than 20 mSv (i.e. the dose limit for the workers in the French regulation). As a result, the collective dose increased from 56.3 to 61.9 man.Sv (10 %), thus reaching the same level as in the years 2009 to 2013. Important differences are noticed according to the occupational activities: the average dose in the medical and veterinary field (which represents 62.4 % of the monitored workers) and that in the research field (3.6 % of the monitored workers) are less than 0.4 mSv; the average doses are higher in the nuclear field and in the non-nuclear industry (representing together 30.1 % of the monitored workers), respectively 1.17 mSv and 1.38 mSv. Concerning internal dosimetry, 279 877 individual examinations have been performed in 2015, 52 % of which are radio-toxicological analysis of excreta and 48 % are direct body counting. In 2015, 2 workers had a committed effective dose greater than or equal to 1 mSv and the maximum dose was 3 mSv. Data or trends relative to workers exposed to natural radioactivity are also dealt with in this report (air crews, personnel subjected to radon exposure). In particular, results of aircrew dosimetry are reported: in 2015, the average individual dose of 19 565

  4. STEEL BARRIER: LEGAL IMPLICATIONS FROM A GENDER EQUAL OPPORTUNITY PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    María Bastida

    2015-01-01

    Full Text Available In recent decades, legal Acts, norms, and regulations have proliferated in order to ensure equal opportunities for women and men in multiple contexts, including public and private organizations. Nevertheless, there is sufficient evidence to suggest that, to date, real and legal equality do not match. The current context of the global economy suggests that there may now be a new barrier, related to the fact that women have been partially excluded from positions abroad which would facilitate the acquisition of professional and personal skills which are essential in the present century. This new inequality in access to senior management seems to be in contradiction with the different pressures and initiatives put in place to achieve equality of opportunities between women and men, protected in our national and international laws. In this paper, the main causes excluding women from international assignments, and consequently from senior management, are reviewed, highlighting the motivational and legal aftereffects that this trend may have. En las últimas décadas han proliferado diversas disposiciones legales y normativas con el objetivo de garantizar la igualdad de oportunidades entre mujeres y hombres en múltiples contextos, entre ellos el que atañe a las organizaciones públicas y privadas. Pese a ello, existe suficiente evidencia de que la igualdad real no se acerca, hasta la fecha, a la legal. El contexto actual de economía globalizada sugiere que puede aparecer una nueva barrera, al quedar la mujer excluida parcialmente de puestos en el extranjero que le facilitan la adquisición de capacidades profesionales y personales imprescindibles en el siglo actual. Esta nueva desigualdad en el acceso a puestos de alta dirección no parece responder a las distintas presiones e iniciativas por conseguir la igualdad de oportunidades entre hombres y mujeres, protegida en nuestro ordenamiento jurídico nacional e internacional. En este trabajo revisamos

  5. Conflicting Rights: How the Prohibition of Human Trafficking and Sexual Exploitation Infringes the Right to Health of Female Sex Workers in Phnom Penh, Cambodia.

    Science.gov (United States)

    Maher, Lisa; Dixon, Thomas; Phlong, Pisith; Mooney-Somers, Julie; Stein, Ellen; Page, Kimberly

    2015-06-11

    While repressive laws and policies in relation to sex work have the potential to undermine HIV prevention efforts, empirical research on their interface has been lacking. In 2008, Cambodia introduced antitrafficking legislation ostensibly designed to suppress human trafficking and sexual exploitation. Based on empirical research with female sex workers, this article examines the impact of the new law on vulnerability to HIV and other adverse health outcomes. Following the introduction of the law, sex workers reported being displaced to streets and guesthouses, impacting their ability to negotiate safe sex and increasing exposure to violence. Disruption of peer networks and associated mobility also reduced access to outreach, condoms, and health care. Our results are consistent with a growing body of research which associates the violation of sex workers' human rights with adverse public health outcomes. Despite the successes of the last decade, Cambodia's AIDS epidemic remains volatile and the current legal environment has the potential to undermine prevention efforts by promoting stigma and discrimination, impeding prevention uptake and coverage, and increasing infections. Legal and policy responses which seek to protect the rights of the sexually exploited should not infringe the right to health of sex workers. Copyright 2015 Maher et al. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  6. Negotiated forms of worker involvement in the European Company (SE): First empirical evidence and conclusions

    OpenAIRE

    Keller, Berndt; Werner, Frank

    2008-01-01

    This article analyses the negotiations on worker involvement in the first almost four years of the European Company SE and their outcomes. First, some basic institutional aspects of the SE itself and its current empirical situation are described and explained. Then, the focus is on questions of employee involvement in this new legal form. Again some main institutional provisions on employee involvement are assessed, before a detailed empirical analysis on specific issues is presented. A final...

  7. [Indian workers in Oman].

    Science.gov (United States)

    Longuenesse, E

    1985-01-01

    Until recently Oman was a country of emigration, but by 1980 an estimated 200,000 foreign workers were in the country due to the petroleum boom. Almost 1/3 of the estimated 300,000 Indian workers in the Gulf states were in Oman, a country whose colonial heritage was closely tied to that of India and many of whose inhabitants still speak Urdu. The number of work permits granted to Indians working in the private sector in Oman increased from 47,928 in 1976 to 80,787 in 1980. An estimated 110,000 Indians were working in Oman in 1982, the great majority in the construction and public works sector. A few hundred Indian women were employed by the government of Oman, as domestics, or in other capacities. No accurate data is available on the qualifications of Indian workers in Oman, but a 1979 survey suggested a relatively low illiteracy rate among them. 60-75% of Indians in Oman are from the state of Kerala, followed by workers from the Punjab and the southern states of Tamil Nadu and Andhra Pradesh and Bombay. Indian workers are recruited by specialized agencies or by friends or relatives already employed in Oman. Employers in Oman prefer to recruit through agencies because the preselection process minimizes hiring of workers unqualified for their posts. Officially, expenses of transportation, visas, and other needs are shared by the worker and the employer, but the demand for jobs is so strong that the workers are obliged to pay commissions which amount to considerable sums for stable and well paying jobs. Wages in Oman are however 2 to 5 times the level in India. Numerous abuses have been reported in recruitment practices and in failure of employers in Oman to pay the promised wages, but Indian workers have little recourse. At the same level of qualifications, Indians are paid less then non-Omani Arabs, who in turn receive less than Oman nationals. Indians who remain in Oman long enough nevertheless are able to support families at home and to accumulate considerable

  8. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  9. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  10. Abortion Legalization and Adolescent Substance Use

    OpenAIRE

    Charles, Kerwin Kofi; Stephens, Melvin, Jr

    2006-01-01

    We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

  11. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

    Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

  12. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  13. Disappearing Discourse: Performative Texts and Identity in Legal Contexts

    Science.gov (United States)

    Trinch, Shonna

    2010-01-01

    This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…

  14. Negligence--When Is the Principal Liable? A Legal Memorandum.

    Science.gov (United States)

    Stern, Ralph D., Ed.

    Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

  15. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

    J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

    2016-01-01

    textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

  16. Swedish Collective Agreements and Employers’ Willingness to Hire and Retain Older Workers in Employment

    Directory of Open Access Journals (Sweden)

    Carin Ulander-Wänman

    2016-06-01

    Full Text Available Demographic change is transforming the EU population structure for the coming decades. One challenge that society faces is to preserve social welfare when elderly persons comprise a larger proportion of the total population. Allowing people to work beyond the current retirement age may help slow the growth of the maintenance burden for welfare costs, and creating situations where larger numbers of older employees can work longer and complete more working hours can improve conditions for preserving and developing welfare. However, a prolonged working life presupposes several conditions; one of these is that legal regulation of the labor market must support employers’ willingness to hire and retain older workers in employment. This article explores employers’ attitudes toward regulations in Swedish collective agreements—regulations which are of particular importance if employers are to increase hiring and retention of older workers in employment.

  17. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  18. 45 CFR 400.115 - Establishing legal responsibility.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  19. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  20. Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2018-01-01

    Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

  1. Sometimes they used to whisper in our ears: Health care workers perceptions of the effects of abortion legalization in Nepal

    OpenAIRE

    Darney, Philip; Harper, Cynthia; Puri, M; Lamichhane, P; Harken, T; Blum, M; Harper, CC; Darney, PD; Henderson, JT

    2012-01-01

    Background: Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Li

  2. Risk of bloodborne pathogen exposure among Zambian healthcare workers

    Directory of Open Access Journals (Sweden)

    Elayne Kornblatt Phillips

    2012-06-01

    Full Text Available Purpose: Understanding the risks of bloodborne pathogen transmission is fundamental to prioritizing interventions when resources are limited. This study investigated the risks to healthcare workers in Zambia. Design: A survey was completed anonymously by a convenience sample of workers in three hospitals and two clinics in Zambia. Respondents provided information regarding job category, injuries with contaminated sharps, hepatitis B vaccination status and the availability of HIV post-exposure prophylaxis (PEP. Results: Nurses reported the largest number of injuries. The average annual sharps injury rate was 1.3 injuries per worker, and service workers (housekeepers, laundry, ward assistants had the highest rate of these injuries, 1.9 per year. Injuries were often related to inadequate disposal methods. Syringe needles accounted for the largest proportion of injuries (60%, and 15% of these injuries were related to procedures with a higher-than-average risk for infection. Most workers (88% reported the availability of PEP, and only 8% were fully vaccinated against hepatitis B. Conclusions: The injury risks identified among Zambian workers are serious and are exacerbated by the high prevalence of bloodborne pathogens in the population. This suggests that there is a high risk of occupationally acquired bloodborne pathogen infection. The findings also highlight the need for a hepatitis B vaccination program focused on healthcare workers. The risks associated with bloodborne pathogens threaten to further diminish an already scarce resource in Zambia – trained healthcare workers. To decrease these risks, we suggest the use of low-cost disposal alternatives, the implementation of cost-sensitive protective strategies and the re-allocation of some treatment resources to primary prevention. Keywords: Healthcare worker safety, Zambian healthcare workers, Bloodborne pathogen transmission, Sharps injury prevention, Infectious diseases

  3. Legal Opportunities for Public Participation in Forest Management in the Republic of Korea

    Directory of Open Access Journals (Sweden)

    Mi Sun Park

    2016-04-01

    Full Text Available Participation by multiple actors has been emphasized in managing state forests to meet various demands on forests within a global society. Public participation was also suggested as an approach to sustainable forest management. This paper aims to investigate the legal opportunities of public participation in managing state forests in the case of the Republic of Korea (ROK. Relevant legal and policy documents were selected for content analysis and were analyzed with the levels of participation. Litigation regarding state forest conflicts was analyzed. The ROK legal system includes multiple levels of participation in managing state forests: information sharing, consultation, collaborative decision-making, and implementation. The research results indicate that various stakeholders need legal opportunities to participate in the formation and implementation of policies for the management of state forests. Regulatory enforcement is required for guaranteeing environmental rights—access to information, participation in decision-making, and standing in court. Based on research results, this paper provides us with legal insights on promoting public participation in managing state forests.

  4. Worker education level is a factor in self-compliance with dust-preventive methods among small-scale agate industrial workers.

    Science.gov (United States)

    Aggarwal, Bhagwan D

    2013-01-01

    High incidences of silicosis are continuing to be reported among the agate workers of small-scale household agate processing units in the Khambhat region of Gujarat (India). The objective of this study was to investigate reasons behind the high prevalence of silicosis, and factors affecting the noncompliance with preventive methods among agate workers. The study was conducted using a questionnaire-based structured interview method among 82 agate workers in Khambhat to assess their awareness level about silicosis and preventive methods, existing morbidity, worker's attitude toward health, and the prevalence of actual use of preventive methods to avoid silica exposure. The majority of the workers (55%) were aware of silicosis and the harmful effects of silica dust exposure (72%) and knew about simple preventive methods to avoid silica dust exposure (80%), but only a minority of the workers (22%) were actually using the simple and available dust-preventive methods. Only 9% of the uneducated workers were using the preventive methods, while usage was higher among educated workers (28%), who had five or more years of schooling, and these workers had fewer health conditions or less morbidity. Gender and job duration had no effect on the usage of dust-preventive methods. The data suggest that noncompliance with use of dust-preventive methods could be the reason behind the higher prevalence of silicosis and health morbidity in agate workers, and that years of schooling plays a significant role in the increased usage and self-compliance with dust-preventive methods among agate workers.

  5. Legal Coordinator | IDRC - International Development Research ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  6. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  7. A Different Guest Worker Story: Roma Guest Workers – a Transnational Minority in Transmigration

    Directory of Open Access Journals (Sweden)

    Ana Banić-Grubišić

    2016-03-01

    Full Text Available he paper considers the ambiguity of the term ‘guest worker’, based on the example of economic migrants who belong to the Roma population. Over the last fifty years, members of the Roma minority have migrated to Western European countries for different reasons (economic, political and social reasons, and there is no official data on the precise number of Roma who have migrated abroad, whether permanently or temporarily. It is possible to establish a number of categories of Roma immigrants who reside permanently or temporarily in Western European countries. These are: the so-called “classic guest workers” who, through legal or illegal means went to work abroad in the 60’s and 70’s, and mostly settled permanently in the host countries; Roma refugees from Kosovo and/or asylum seekers who left the country during the wars in the 90’s, and who were returned to Serbia after the signing of the Readmission treaty; and those Roma who represent occasional economic migrants: people who, after Serbia was put on the white Schengen list (the liberalization of the visa policy for citizens of Serbia, spend three months at a time working abroad. Even though these three categories of Roma workers have different reasons for migrating from and returning to Serbia, the majority of the population perceives them as a unified, distinct whole – as guest workers. The paper is the result of fieldwork conducted in South-Eastern Serbia, in the village of Minicevo.

  8. White-collar workers' hemodynamic responses during working hours.

    Science.gov (United States)

    Liu, Xinxin; Iwakiri, Kazuyuki; Sotoyama, Midori

    2017-08-08

    In the present study, two investigations were conducted at a communication center, to examine white-collar workers' hemodynamic responses during working hours. In investigation I, hemodynamic responses were measured on a working day; and in investigation II, cardiovascular responses were verified on both working and non-working days. In investigation I, blood pressure, cardiac output, heart rate, stroke volume, and total peripheral resistance were measured in 15 workers during working hours (from 9:00 am to 18:00 pm) on one working day. Another 40 workers from the same workplace participated in investigation II, in which blood pressure and heart rate were measured between the time workers arose in the morning until they went to bed on 5 working days and 2 non-working days. The results showed that blood pressure increased and remained at the same level during working hours. The underlying hemodynamics of maintaining blood pressure, however, changed between the morning and the afternoon on working days. Cardiac responses increased in the afternoon, suggesting that cardiac burdens increase in the afternoon on working days. The present study suggested that taking underlying hemodynamic response into consideration is important for managing the work-related cardiovascular burden of white-collar workers.

  9. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

  10. From moral to legal judgment: the influence of normative context in lawyers and other academics.

    Science.gov (United States)

    Schleim, Stephan; Spranger, Tade M; Erk, Susanne; Walter, Henrik

    2011-01-01

    Various kinds of normative judgments are an integral part of everyday life. We extended the scrutiny of social cognitive neuroscience into the domain of legal decisions, investigating two groups, lawyers and other academics, during moral and legal decision-making. While we found activation of brain areas comprising the so-called 'moral brain' in both conditions, there was stronger activation in the left dorsolateral prefrontal cortex and middle temporal gyrus particularly when subjects made legal decisions, suggesting that these were made in respect to more explicit rules and demanded more complex semantic processing. Comparing both groups, our data show that behaviorally lawyers conceived themselves as emotionally less involved during normative decision-making in general. A group × condition interaction in the dorsal anterior cingulate cortex suggests a modulation of normative decision-making by attention based on subjects' normative expertise.

  11. The Busy Citizen's Discussion Guide: Sexual Harassment--Suggestions for Informal Conversations.

    Science.gov (United States)

    Topsfield Foundation, Pomfret, CT. Study Circles Resource Center.

    This discussion guide offers suggestions for conversations about sexual harassment. Its purpose is to help readers use dialogue to understand the legal definition of sexual harassment and to clarify and develop their own and others' definitions of acceptable behavior between men and women in the workplace, on campus, or wherever people gather. An…

  12. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

    Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.

  13. Economic and legal consequences of concluded apparent legal on national interests in Montenegro

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

    Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

  14. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  15. Labor rights as legal constitutional category – Kosovo in relation to international labor organization

    Directory of Open Access Journals (Sweden)

    Muhamet Vokrri

    2015-11-01

    Full Text Available The purpose of this study paper is the analyzing of the processes that followed the labor relations, its historical development respectively, since its first concrete efforts from the representatives of the workers (unions till the establishment of the International Labor Organization (1919. As it is known the labor law presents one of the fundamental rights of the human being, thus such rights (right to work, freedom of work are constitutional category and protected in whole legal systems of the present time. The efforts to install such positive spirit were not easy. Genuinely is known that bearers of progressive developments in this field (end of XIX century were organized groups of workers (unions, then initiatives from various statesmen and later to be materialized from the governments of present time followed by the addressing and protecting of these rights in international aspect. Practice has proved that creation, purpose and activity of International Labor Organization has provided its benefits in achieving the primary principles of work, such rights proclaimed by the majority of world states and embedded in their highest legal act (Constitution of the organization in question (ILO. We consider that bearers of government politics of Kosovo, responsible sectors of this field respectively, shall regard these rules set and implemented by this international body and at the same time make maximal efforts towards advancing the current legislation in this field as well as to utilize all necessary resources in order to achieve the vital goal which is the adherence in ILO. This would certainly have an impact on minimizing the occurrence of eventual discontent from the organized groups (Unions as well as other classes and naturally the progress and positive effects in this field would be visible and useful for the society.

  16. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

  17. LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

    Directory of Open Access Journals (Sweden)

    Amelia-Raluca ONIŞOR

    2016-05-01

    Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

  18. Is the State of Indonesia In Charge to Provide Law Protection to the Indonesian Migrant Workers ?

    Science.gov (United States)

    Rahayu, D.

    2018-01-01

    Right to work is assured in the regulation of 1945 Constitution (amendment) Article 28 D Clause (2) mandating that every person deserves to work and in return they get wages, fair and proper treatment in the relation of employment. Working as migrant worker is accessible job opportunity, especially to people who have low education and skill with promising income. Many case facedto the migrant worker. It is necessary to analyze how the state’s position in providing protection to its citizens experiencing problems overseas. Country has the right to protect its citizens overseas and to intervene diplomatically. It cannot provide direct protection because if there is a criminal act committed by Migrant Worker of Indonesia, then the applicable law is the law of country where the Migrant Worker works. The actual protection is to make bilateral agreements with the destination country. Law No 39 Year 2004. Article 77 regulates the right to obtain protection from pre-placement, placement period to post-placement. Employment or the right to work is one of human rights that is the right to social freedom, namely the right to meet the basic needs. Regarding the legal protection for women migrant workers, the relevant human rights theory used is the natural rights theory because the right to work in this case is the right that every human being possesses

  19. Improving motivation among primary health care workers in Tanzania: a health worker perspective

    DEFF Research Database (Denmark)

    Manongi, Rachel N; Marchant, Tanya C; Bygbjerg, Ib Christian

    2006-01-01

    shortages, a desire for more structured and supportive supervision from managers, and improved transparency in career development opportunities. Further, suggestions were made for inter-facility exchanges, particularly on commonly referred cases.The discussion highlights the context of some of the problems...... identified in the results and suggests that some of the preferences presented by the health workers be discussed at policy level with a view to adding value to most services with minimum additional resources....

  20. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  1. What is different about workers' compensation patients? Socioeconomic predictors of baseline disability status among patients with lumbar radiculopathy.

    Science.gov (United States)

    Atlas, Steven J; Tosteson, Tor D; Hanscom, Brett; Blood, Emily A; Pransky, Glenn S; Abdu, William A; Andersson, Gunnar B; Weinstein, James N

    2007-08-15

    Combined analysis of 2 prospective clinical studies. To identify socioeconomic characteristics associated with workers' compensation in patients with an intervertebral disc herniation (IDH) or spinal stenosis (SpS). Few studies have compared socioeconomic differences between those receiving or not receiving workers' compensation with the same underlying clinical conditions. Patients were identified from the Spine Patient Outcomes Research Trial (SPORT) and the National Spine Network (NSN) practice-based outcomes study. Patients with IDH and SpS within NSN were identified satisfying SPORT eligibility criteria. Information on disability and work status at baseline evaluation was used to categorize patients into 3 groups: workers' compensation, other disability compensation, or work-eligible controls. Enrollment rates of patients with disability in a clinical efficacy trial (SPORT) and practice-based network (NSN) were compared. Independent socioeconomic predictors of baseline workers' compensation status were identified in multivariate logistic regression models controlling for clinical condition, study cohort, and initial treatment designation. Among 3759 eligible patients (1480 in SPORT and 2279 in NSN), 564 (15%) were receiving workers' compensation, 317 (8%) were receiving other disability compensation, and 2878 (77%) were controls. Patients receiving workers' compensation were less common in SPORT than NSN (9.2% vs. 18.8%, P socioeconomic characteristics significantly differed according to baseline workers' compensation status. In multiple logistic regression analyses, gender, educational level, work characteristics, legal action, and expectations about ability to work without surgery were independently associated with receiving workers' compensation. Clinical trials involving conditions commonly seen in patients with workers' compensation may need special efforts to ensure adequate representation. Socioeconomic characteristics markedly differed between patients

  2. Regulation of Legislation in Utilization of Foreign Health Workers (FHW in Indonesia

    Directory of Open Access Journals (Sweden)

    Tri Juni Angkasawati

    2015-06-01

    Full Text Available Background: One of the impact of AFTA 2010 (Asean Free Trade Area is a broader aspect of global world trade. Trade flows not only occur on public goods but also services, including health workers which now can freely get access to various countries. Objective:The aim of this study was to review policies on the employment of foreign health workers (FHW in order to provide recommendations on specific matters concerning legal protection to people who utilize health services and were treated by FHW. Methods:The method of this study was conducting a policy review with a normative and predictive approaches. This review depicted a clear and deep understanding of the form and implementation of policies related to planning, utilization as well as guidance and supervision of foreign health workers (FHW in Indonesia. Results: This study discovered that there were 7 (seven fundamental policies to regulate FHW that covers licensing, certification and registration, competence, area of activities, time restriction, compensation and sanction. Recommendation: This study recommends a socialization on FHW regulations. In addition, the Ministry of Health, Ministry of Manpower, Ministry of Home Affairs and the immigration office need to enhance their commitment to promote FHW regulations.

  3. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  4. Formal and Legal Aspects of Buying and Commissioning Flats

    Science.gov (United States)

    Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

    2017-10-01

    Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

  5. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

    Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

  6. Abortion legalization and childbearing in Mexico1

    Science.gov (United States)

    Gutierrez Vazquez, Edith Y.; Parrado, Emilio A.

    2016-01-01

    In 2007 abortion was legalized in the Federal District of Mexico, making the largest jurisdiction in Latin America, outside of Cuba, to allow women to have abortions on request during the first trimester of pregnancy. While the implications of the law for women's health and maternal mortality have been investigated, its potential association with fertility behavior has yet to be assessed. In this paper, we examine metropolitan area differences in overall and parity-specific, as well as the age pattern of childbearing between 2000 and 2010 to more precisely isolate the contribution of abortion legalization to fertility in Mexico. Our statistical specification applies difference-in-difference regression methods that control for concomitant changes in other socioeconomic predictors of fertility to assess the differential influence of the law across age groups. In addition, we account for prior fertility levels and change to better separate the effect of the law from preceding trends. Overall, the evidence suggests a systematic association between abortion legalization and fertility. The law appears to have contributed to lower fertility in Mexico City compared to other metropolitan areas and prior trends, though the influence is mostly visible among women aged 20-34 in connection with the transition to first and second child with limited impact on teenage fertility. There is some evidence that its effect might be diffusing to the greater Mexico City metropolitan area. PMID:27285423

  7. Perceived heat stress and health effects on construction workers.

    Science.gov (United States)

    Dutta, Priya; Rajiva, Ajit; Andhare, Dileep; Azhar, Gulrez Shah; Tiwari, Abhiyant; Sheffield, Perry

    2015-01-01

    Increasing heat waves-particularly in urban areas where construction is most prevalent, highlight a need for heat exposure assessment of construction workers. This study aims to characterize the effects of heat on construction workers from a site in Gandhinagar. This study involved a mixed methods approach consisting of a cross sectional survey with anthropometric measurements (n = 219) and four focus groups with construction workers, as well as environmental measurements of heat stress exposure at a construction site. Survey data was collected in two seasons i.e., summer and winter months, and heat illness and symptoms were compared between the two time periods. Thematic coding of focus group data was used to identify vulnerability factors and coping mechanisms of the workers. Heat stress, recorded using a wet bulb globe temperature monitor, was compared to international safety standards. The survey findings suggest that heat-related symptoms increased in summer; 59% of all reports in summer were positive for symptoms (from Mild to Severe) as compared to 41% in winter. Focus groups revealed four dominant themes: (1) Non-occupational stressors compound work stressors; (2) workers were particularly attuned to the impact of heat on their health; (3) workers were aware of heat-related preventive measures; and (4) few resources were currently available to protect workers from heat stress. Working conditions often exceed international heat stress safety thresholds. Female workers and new employees might be at increased risk of illness or injury. This study suggests significant health impacts on construction workers from heat stress exposure in the workplace, showed that heat stress levels were higher than those prescribed by international standards and highlights the need for revision of work practices, increased protective measures, and possible development of indigenous work safety standards for heat exposure.

  8. La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

    Directory of Open Access Journals (Sweden)

    Carlos Enrique Escobar Gónima

    2002-02-01

    Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

  9. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

    The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

  10. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

    Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

  11. Evaluation of the legal consequences of action affects neural activity and emotional experience during the resolution of moral dilemmas.

    Science.gov (United States)

    Pletti, Carolina; Sarlo, Michela; Palomba, Daniela; Rumiati, Rino; Lotto, Lorella

    2015-03-01

    In any modern society killing is regarded as a severe violation of the legal codes that is subjected to penal judgment. Therefore, it is likely that people take legal consequences into account when deciding about the hypothetical killing of one person in classic moral dilemmas, with legal concerns contributing to decision-making. In particular, by differing for the degree of intentionality and emotional salience, Footbridge- and Trolley-type dilemmas might promote differential assignment of blame and punishment while implicating the same severity of harm. The present study was aimed at comparing the neural activity, subjective emotional reactions, and behavioral choices in two groups of participants who either took (Legal group) or did not take (No Legal group) legal consequences into account when deciding on Footbridge-type and Trolley-type moral dilemmas. Stimulus- and response-locked ERPs were measured to investigate the neural activity underlying two separate phases of the decision process. No difference in behavioral choices was found between groups. However, the No Legal group reported greater overall emotional impact, associated with lower preparation for action, suggesting greater conflict between alternative motor responses representing the different decision choices. In contrast, the Legal group showed an overall dampened affective experience during decision-making associated with greater overall action readiness and intention to act, reflecting lower conflict in responding. On these bases, we suggest that in moral dilemmas legal consequences of actions provide a sort of reference point on which people can rely to support a decision, independent of dilemma type. Copyright © 2015 Elsevier Inc. All rights reserved.

  12. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  13. Legal and regulatory education and training needs in the healthcare industry.

    Science.gov (United States)

    Henson, Steve W; Burke, Debra; Crow, Stephen M; Hartman, Sandra J

    2005-01-01

    As in any other industry, laws and regulations significantly impact the functioning of the healthcare industry. Some laws, such as those relating to malpractice and social insurance systems, affect the manner in which the industry operates. Other laws, such as those regulating antitrust and employment practices, affect the organization and the environment in which the industry operates. It is increasingly important that practitioners and managers be cognizant of this complex and dynamic legal minefield. This study examined healthcare managers and executives' knowledge of 9 key issues in the legal and regulatory environment of the healthcare industry. Specifically, the study focused on knowledge concerning tort and contract liability, insurance law, labor and employment regulation, criminal and ethical responsibility, antitrust regulation, the law governing business associations and recent developments. Findings suggest that the levels of knowledge required to manage legal and regulatory issues are much greater than the existing levels of knowledge.

  14. The Great Recession and Workers' Health Benefits.

    Science.gov (United States)

    Koh, Kanghyock

    2018-03-01

    During a recession, cost-sharing of employer-sponsored health benefits could increase to reduce labor costs in the U.S. Using a variation in the severity of recession shocks across industries, I find evidence that the enrollment rate of high deductible health plans (HDHPs) among workers covered by employer-sponsored health benefits increased more among firms in industries that experienced severe recession shocks. As potential mechanisms, I study employer-side and worker-side mechanisms. I find that employers changed health benefit offerings to force or incentivize workers to enroll in HDHPs. But I find little evidence of an increase in workers' demand for HDHPs due to a reduction in income. These results suggest that the HDHP enrollment rate increased during the Great Recession, as employers tried to save costs of offering health benefits. Copyright © 2018 Elsevier B.V. All rights reserved.

  15. EUROPEAN COURT OF HUMAN RIGHTS AS THE GUARANTOR OF LEGAL PROTECTION OF A HUMAN IN THE FIELD OF AVIATION ACTIVITIES OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Yuriy Pyvovar

    2017-11-01

    Full Text Available Purpose: The effectiveness of human rights protection in the Council of Europe largely depends on activities of the European Court, which demonstrates high standards of justice, particularly in matters of human rights protection in the field of aviation activities. The article offers a critical assessment of Ukrainian national legislation in terms of its internal legal consistency and compliance with international legal acts. Methods: The methods of legal analysis are used to study court decisions in the aviation field; methods of comparative legal analysis, forecasting and dialectical - in the study of problems in the further improvement of Ukrainian legislation. Also in article applied the theory of legal comparative, approaches to applying the analogy of legal and law in process of making decisions on similar court cases. Results: The article deals with the analysis of the European Court of Human Rights jurisdiction on cases of protection of human rights in the field of aviation activities. Two groups of cases in which Ukraine is a defendant are identified: a cases of international concern (in particular the Malaysia Airlines’ Boeing 777-200ER crash; b cases of national character (citizens of Ukraine against the State of Ukraine. The author's position on deciding the cases in the field of aviation activities is based on the principles of respect for the European Convention on Human Rights, 1950. Discussion: The conclusion about the necessity of amending some national laws, taking into account the legal positions of the European Court (in particular, regarding the right of airlines workers to strike is made, and the fact that the issues of States and airlines activities to respect human and civil rights in the field of aviation activities are covered by jurisdiction of the European Court of Human Rights and occupy an important place in its practice is indicated.

  16. Do undocumented migrants earn lower wages than legal immigrants? New evidence from Mexico.

    Science.gov (United States)

    Massey, D S

    1987-01-01

    "This article examines the extent to which undocumented status lowers wage rates among immigrants to the United States from four Mexican communities. Regression equations were estimated to determine the effect of legal status on wages independent of other demographic, social and economic variables, and special efforts were made to control for possible sample selection biases. Findings suggest that the data are relatively free from selectivity problems that have characterized earlier studies, and that legal status had no direct effect on wage rates earned by male migrants from the four communities. Legal status also had little effect on the kind of job that migrants take in the United States, but it does play an important indirect role in determining the length of time that migrants stay in that country. By reducing the duration of stay, illegal status lowers the amount of employer-specific capital accruing to undocumented migrants, and thereby lowers wage rates relative to legal migrants." Data are for 1982-1983. excerpt

  17. Enhancing Social Responsibility within Global Supply Chains: Is Legal Regulation the Optimal Solution?

    Directory of Open Access Journals (Sweden)

    Katerina Peterková

    2011-03-01

    Full Text Available This paper was presented at the first meeting of the NSU study group “Conceptions of ethical and social values in post-secular society: Towards a new ethical imagination in a cosmopolitan world society”, held on January 28-30, 2011 at Copenhagen Business School. First, this paper examines the voluntary (ethical v. mandatory (legal basis of corporate social responsibility (CSR. Second, it examines the relationship between CSR, law and business ethics. Third, it tries to answer the question if there is a need for a hard[2] legal regulation of CSR within international supply relationships or if ethical norms, e.g. expressed in the form of self-regulation, may better serve the purpose. And finally, it suggests possible ways for the future development of suitable regulatory methods for enhancing social standards within international supply chains. The questions are approached solely from the perspectives of legal theory and socio-legal analysis.

  18. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

  19. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  20. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  1. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

    Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

  2. Outdoor Workers' Use of Sun Protection at Work and Leisure

    Directory of Open Access Journals (Sweden)

    Cheryl E. Peters

    2016-09-01

    Conclusion: This high-participation rate cohort helps characterize sun protection behaviors among outdoor workers. Workers practiced better sun protection at work than on weekends, suggesting that workplace policies supportive of sun protection could be useful for skin cancer prevention in the construction industry.

  3. Coalition building by drug user and sex worker community-based organizations in Vietnam can lead to improved interactions with government agencies: a qualitative study.

    Science.gov (United States)

    Le, Leah T; Grau, Lauretta E; Nguyen, Huong H; Khuat, Oanh Hai T; Heimer, Robert

    2015-10-16

    Drug users and female sex workers are among the groups most vulnerable to HIV infection in Vietnam. To address the HIV epidemic within these communities, former drug users and sex workers established the first community-based organizations (CBOs) in 2009. The study provides a focused assessment of CBOs' expanding efforts to advocate for their members that identifies existing collaborations with Vietnamese government programs. This assessment explores the barriers to and facilitators of expansion in order to propose recommendations to improve the working relationship between CBOs and government programs. Thirty-two individuals from drug user and sex worker CBOs (n = 24) and relevant government programs (n = 8) participated in face-to-face interviews in Hanoi, Ho Chi Minh City, and Hai Phong. Coded interview transcripts were analyzed qualitatively concerning the purpose of CBOs, the interactions between CBOs and government programs, and the perceived barriers, facilitators, and feasibility of future CBO-government program collaborations. Services provided by the CBOs were considered to improve members' quality of life. The formation of coalitions among CBOs increased efficiency in meeting members' specific service needs, in addition to internal capacity building. Government field staff interacted with CBOs by providing CBOs with technical and legal support. CBOs and methadone maintenance treatment (MMT) clinics collaborated to help the clinics meet patient enrollment quotas and facilitate entry into treatment for CBO members. Barriers to CBO-government program collaboration included perceived conflicting missions on how to address drug use and sex work in the community, limited CBO-government program communication, CBO mistrust of the MMT system, and lack of legal status for CBOs. To reduce these barriers, we recommend (1) introduction of CBO consultative services at government healthcare centers, (2) enlistment of CBO outreach to ensure full access to the

  4. Display rule "regulators": the relationship between supervisors and worker emotional exhaustion.

    Science.gov (United States)

    Wilk, Steffanie L; Moynihan, Lisa M

    2005-09-01

    This field study examined the effect of supervisory regulation of display rules--the rules about what kind of emotion to express on the job (R. Ekman, 1992; A. Rafaeli & R. I. Sutton, 1987)--on the emotional exhaustion of subordinates. On the basis of a sample of 940 call center employees, the authors found that worker emotional exhaustion varied across supervisors within jobs, suggesting that emotion work is influenced at the supervisory, rather than job, level. Moreover, the authors found that the importance supervisors place on interpersonal job demands of their workers was positively related to worker emotional exhaustion. Worker career identity moderated the interpersonal-job-demands--emotional-exhaustion relationship, but self-efficacy did not. Study conclusions and suggestions for future research are provided. Copyright 2005 APA, all rights reserved.

  5. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

  6. Scientific literacy in hospital workers

    International Nuclear Information System (INIS)

    Guerci, Alba M.; Pinero, Adalberto; Zubiria, M. Guillermina; Sanz, Vanesa; Larragueta, Nicolas; Puntigliano, Diego

    2008-01-01

    Full text: Previous studies realized by our group have demonstrated radio-induction of genotoxic damage in peripheral blood of hospital workers exposed to chronic X-ray. The cytogenetic and cytomolecular damage was significant in the radiologists evaluated. Accordingly, we have researched the knowledge of risk radiation in 57 workers to different health centres, private and public, in La Plata city. Most of respondents (96.4%) answered to know the risk of working with radiation ionizing, but a large portion do not carry out with the appropriate safety rules. The workers have not interest in this rules, it is evidenced by negligence in the use of protective clothing and personal dosimeters. These results suggested that individuals could be sensitising to minimize their risk. For this purpose we are working in scientific literacy conferences which are organized by 'Asociacion de Tecnicos Radiologos y de Diagnostico por Imagenes de La Plata (ASTEDIRLP)'. (author)

  7. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  8. Western Legal Traditions for »Laying Down Taiwan’s Indigenous Customs in Writing«

    Directory of Open Access Journals (Sweden)

    Tzung-Mou Wu

    2016-01-01

    Full Text Available The question of what the law is may preoccupy some legal theorists. Answering it is definitely the legal professionals’ nightmare. Constitutional and statutory requirements now require Taiwan’s officials and lawyers to confront the problem of ascertaining and applying indigenous customs in the exercise of all state powers. Yet, the most widely accepted juridical concept of custom results in a choice between two evils, to wit, breaching either the general duty to uphold law or the concrete obligation to respect indigenous values. So far, efforts have only been made to document the customs, but the documentation thus produced is too ethnographic to be legally useful. The challenge, therefore, is one of translation. Values are to be carried from an indigenous world into the modern one, and the little-known form of custom is to be expressed in the language of the science of law. This paper argues for the translation of indigenous customs with conceptions available in an array of examples from European legal history. This paper explains that, in cases like Taiwan, the solutions known to the English-speaking literature all end in the dilemma I call »modern state centralism« (MSC. The solutions are divided into two types: legal pluralism and Francisco Suárez’s conception of custom. The former defeats itself in that its criticism against the state’s monopoly of law amounts to suggesting that the state tolerate all kinds of non-state normativity. The latter reduces to MSC because recent literature ignores Suárez’s legal historical references and important studies written in German. The rest of the section shows how »non-modern« legal techniques may help. This paper concludes by suggesting that the concept pair of law and custom be dissociated from four others, to wit, written and unwritten law, state and society, law in books and law in action, and, finally, alien and native law.

  9. Mobile Applications for Knowledge Workers and Field Workers

    Directory of Open Access Journals (Sweden)

    Stefan Stieglitz

    2015-01-01

    Full Text Available In recent years, the diffusion of mobile applications (mobile apps has risen significantly. Nowadays, mobile business apps are strongly emerging in business, enhancing productivity and employees’ satisfaction, whilst the usage of customized individual enterprise apps is still an exception. Standardized business apps enable basic functionalities, for example, mobile data storage and exchange (e.g., Dropbox, communication (e.g., Skype, and other routine processes, which support mobile workers. In addition, mobile apps can, for example, increase the flexibility of mobile workers by easing the access to firm’s information from outside the enterprise and by enabling ubiquitous collaboration. Hence, mobile apps can generate competitive advantages and can increase work efficiency on a broad scale. But mobile workers form no coherent group. Our research reveals, based on two case studies, that they can be clustered into two groups: knowledge workers and field workers. Knowledge workers and field workers fulfill different tasks and work in different environments. Hence, they have different requirements for mobile support. In this paper we conclude that standardized mobile business apps cannot meet the different requirements of various groups of mobile workers. Task- and firm-specific (individualized requirements determine the specification, implementation, and application of mobile apps.

  10. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

  11. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  12. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  13. Risk behaviours among internet-facilitated sex workers: evidence from two new datasets.

    Science.gov (United States)

    Cunningham, Scott; Kendall, Todd D

    2010-12-01

    Sex workers have historically played a central role in STI outbreaks by forming a core group for transmission and due to their higher rates of concurrency and inconsistent condom usage. Over the past 15 years, North American commercial sex markets have been radically reorganised by internet technologies that channelled a sizeable share of the marketplace online. These changes may have had a meaningful impact on the role that sex workers play in STI epidemics. In this study, two new datasets documenting the characteristics and practices of internet-facilitated sex workers are presented and analysed. The first dataset comes from a ratings website where clients share detailed information on over 94,000 sex workers in over 40 cities between 1999 and 2008. The second dataset reflects a year-long field survey of 685 sex workers who advertise online. Evidence from these datasets suggests that internet-facilitated sex workers are dissimilar from the street-based workers who largely populated the marketplace in earlier eras. Differences in characteristics and practices were found which suggest a lower potential for the spread of STIs among internet-facilitated sex workers. The internet-facilitated population appears to include a high proportion of sex workers who are well-educated, hold health insurance and operate only part time. They also engage in relatively low levels of risky sexual practices.

  14. Primary DNA damage in chrome-plating workers.

    Science.gov (United States)

    Gambelunghe, A; Piccinini, R; Ambrogi, M; Villarini, M; Moretti, M; Marchetti, C; Abbritti, G; Muzi, G

    2003-06-30

    In order to evaluate the primary DNA damage due to occupational exposure to chromium (VI), DNA strand-breaks and apoptosis in peripheral lymphocytes were measured in a group of 19 chrome-plating workers. DNA strand-breaks was assessed by alkaline (pH>13) single-cell microgel electrophoresis ('comet') assay, while apoptosis was measured by flow-cytometry after propidium iodide staining of the cells. Concentrations of chromium in urine, erythrocytes and lymphocytes were investigated as biological indicators of exposure. A group of 18 hospital workers (control group I) and another 20 university personnel (control group II) without exposure to chromium were also studied as controls. The results of the study show that chrome-plating workers have higher levels of chromium in urine, erythrocytes and lymphocytes than unexposed workers. Comet tail moment values, assumed as index of DNA damage, are increased in chromium-exposed workers and results are significantly correlated to chromium lymphocyte concentrations. No difference emerged in the percentage of apoptotic nuclei in exposed and unexposed workers. The study confirms that measurements of chromium in erythrocytes and lymphocytes may provide useful information about recent and past exposure to hexavalent chromium at the workplace. The increase in DNA strand-breaks measured by comet assay suggests this test is valid for the biological monitoring of workers exposed to genotoxic compounds such as chromium (VI).

  15. Patient aggression perceived by community support workers.

    Science.gov (United States)

    Gale, Christopher; Hannah, Annette; Swain, Nicola; Gray, Andrew; Coverdale, John; Oud, Nico

    2009-12-01

    Objective: Aggression by patients is a known risk factor for hospital workers. Within New Zealand, the bulk of ongoing care for physical and mental disabilities and health issues is not hospital based, but contracted to various non-governmental agencies. The rate of client aggression towards care workers from these organizations, to our knowledge, has not been assessed. Method: Two hundred and forty-two support workers in non-governmental agencies caring for people with disabilities responded to an anonymous mailed survey on client aggression, personal distress, and communication style. Results: Most support workers did experience verbal forms of aggression or destructive behaviour, fewer experienced physical aggression, and a minority were injured, sexually harassed, stalked or harassed by means of formal complaint. The median total violence score was five (interquartile range 12.25). A higher total violence score (using the POPAS-NZ) was associated with age and gender, the primary disability of clients, and the numbers of hours worked. The length of time worked was not associated with total violence risk. Communication style, after correcting for other factors, was a predictor of aggression. Almost 6% of care workers reported distress symptoms at a level associated with clinically significant stress reactions. Conclusions: Patient aggression is common among care workers, and can cause distress in the minority. We suggest that further research to clarify risk factors and develop interventions for care workers is needed.

  16. Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis

    Science.gov (United States)

    Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

    2017-01-01

    By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks. PMID:28502999

  17. Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis.

    Science.gov (United States)

    Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

    2017-06-01

    By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks.

  18. The trend of foreign direct investment movement: Did unintended nation brand of legal-families play an instrumental role?

    OpenAIRE

    Tse, Chin-Bun; Kam, Oi-Yan

    2018-01-01

    Combining the suggestion from Fan (2006) that a nation can have a brand image without deliberating efforts of nation branding and the work from Klerman et al. (2011) on Colonial History and effects on legal systems, we view that legal-systems could be an unintended nation brand that could instrumentally affect foreign direct investment (FDI) activities. We classify 193 countries according to their Colonial History or no-Colonial History into 5 legal-families. Applying Generalised Methods of M...

  19. No facultative worker policing in the honey bee ( Apis mellifera L.)

    Science.gov (United States)

    Loope, Kevin J.; Seeley, Thomas D.; Mattila, Heather R.

    2013-05-01

    Kin selection theory predicts that in colonies of social Hymenoptera with multiply mated queens, workers should mutually inhibit ("police") worker reproduction, but that in colonies with singly mated queens, workers should favor rearing workers' sons instead of queens' sons. In line with these predictions, Mattila et al. (Curr Biol 22:2027-2031, 2012) documented increased ovary development among workers in colonies of honey bees with singly mated queens, suggesting that workers can detect and respond adaptively to queen mating frequency and raising the possibility that they facultative police. In a follow-up experiment, we test and reject the hypothesis that workers in single-patriline colonies prefer worker-derived males and are able to reproduce directly; we show that their eggs are policed as strongly as those of workers in colonies with multiply mated queens. Evidently, workers do not respond facultatively to a kin structure that favors relaxed policing and increased direct reproduction. These workers may instead be responding to a poor queen or preparing for possible queen loss.

  20. Temporary work and depressive symptoms in South Korean workers.

    Science.gov (United States)

    Kim, W; Kim, T-H; Lee, T-H; Ju, Y J; Chun, S Y; Park, E-C

    2017-08-01

    In many countries, including South Korea, labour market changes have led to an increase in unstable, temporary jobs. There is evidence that workers in such jobs may experience poorer mental health than those in more stable employment. To investigate the association between temporary employment and depressive symptoms in South Korean workers. We analysed data from the 2010-2014 Korean Welfare Panel Study (KOWEPS). Employment type was categorized into workers paid per day of labour (day labourers), those on short-term contracts (fixed-term workers) and permanent workers. The association between employment type and depressive symptoms, measured using the Center for Epidemiological Studies Depression scale (CES-D 11), was examined using the generalized estimating equation model. A total of 3756 workers aged 20-59 were included in the 2010 baseline population. Day labourers had the highest mean CES-D 11 score, followed by fixed-term workers and permanent workers. With the day labourer group as reference, fixed-term workers (β: -1.5027, P < 0.001) and permanent workers (β: -2.1848, P < 0.001) showed statistically significant decreases in depression scores. Compared with day labourers, fixed-term workers and permanent workers had progressively lower depression scores. The findings of this study suggest that mental health inequalities based on employment type exist in South Korea. © The Author 2017. Published by Oxford University Press on behalf of the Society of Occupational Medicine. All rights reserved. For Permissions, please email: journals.permissions@oup.com

  1. AIRBNB AND UBER: LEGAL PLATFORM BUT ILLEGAL NETWORKED BUSINESS

    Directory of Open Access Journals (Sweden)

    Saša Zupan Korže

    2018-05-01

    Full Text Available Airbnb’s and Uber's popularity and scope of their networked business has significantly grown in the last few years. Both companies are engaged in sectors, which are regulated. The purpose of this paper is to discuss the legal issues related to Airbnb networked hospitality business and to Uber's networked transport business, with focus on EU member states solutions and Slovenian approach. The research was carried out from July 2017 to March 2018. We used the method of content analysis of secondary sources, methods of compilation and comparisons, analyses of qualitative data, collected in semi-structures interviews and explanatory case studies. The results show that Airbnb and Uber have become victims of their own success. The hospitality and transport business that participants perform using Airbnb or Uber platform do not comply with sectorial regulation of majority of EU member states. European Commission suggested some guidelines to solve the issues related with networked businesses. Moreover, European Court of Justice pointed out the exact solution on Uber's case. The research opens a debate on legal issues related to new technology-based business models and questions the rationale that stand behind legal solutions.

  2. €œLegal Boundaries of Online Advertising"

    OpenAIRE

    Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

    2014-01-01

    This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

  3. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

    To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

  4. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

  5. Marijuana policy opinions in Washington state since legalization: Would voters vote the same way?

    Science.gov (United States)

    Subbaraman, Meenakshi Sabina; Kerr, William C

    2016-12-01

    In 2012, voters in Washington state approved Initiative 502 (I-502) which legalized recreational marijuana use at the state level. This study examines the relationship between demographics, marijuana and alcohol use, and voting outcomes, as well as how these variables relate to (i) whether voters would still vote the same way (a reflection of satisfaction with the new policy) and (ii) the likelihood of using marijuana purchased from legal retail stores. The sample consists of 2,007 adult Washington state residents recruited through Random Digit Dial between January and October 2014. Bivariate tests and multivariable regressions were used for analyses. Less than five percent of those who voted for marijuana legalization would change their votes, whereas 14% of those who voted against legalization would change their votes. In multivariable models controlling for demographics, substance use, and marijuana-related opinions, those who voted for legalization had half the odds of changing their votes than those who voted against it. Among past-year non-marijuana users, almost 10% were somewhat/very likely to use marijuana if they could buy it from a legal store. Past marijuana use, the belief that adults should be allowed to grow marijuana for personal use, and the belief that marijuana is not very risky for health were all related to increased likelihood of using marijuana purchased from legal stores. Since November 2012, support for marijuana legalization in Washington state has increased; accounting for the proportion of voters who would change their votes suggests that I-502 would pass today with even more votes in favor.

  6. Legal Issues of A Surrogacy Contract Based on Iranian Acts

    Directory of Open Access Journals (Sweden)

    Amir Pirouz

    2011-06-01

    Full Text Available Assistive technologies have always opened new horizons in human's life, posed solutions to problemsand brought relief and prosperity for human beings. Iranian judicial authorities have recently recognizedthe importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy anda surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable andreligiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, thisreview studies the four building blocks of a valid contract: the intention and consent of parties, theirlegal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerningcontracts and responsibilities of parties, the authors of the present article deal with main commitmentsand responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertilityclinic or medical institute, and surrogate's husband. The authors conclude that a surrogacy contract isaccepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such acontract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights andlegal needs of all parties to a surrogacy contract.

  7. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

    Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

  8. Motivation Types and Mental Health of UK Hospitality Workers.

    Science.gov (United States)

    Kotera, Yasuhiro; Adhikari, Prateek; Van Gordon, William

    2018-01-01

    The primary purposes of this study were to (i) assess levels of different types of work motivation in a sample of UK hospitality workers and make a cross-cultural comparison with Chinese counterparts and (ii) identify how work motivation and shame-based attitudes towards mental health explain the variance in mental health problems in UK hospitality workers. One hundred three UK hospitality workers completed self-report measures, and correlation and multiple regression analyses were conducted to identify significant relationships. Findings demonstrate that internal and external motivation levels were higher in UK versus Chinese hospitality workers. Furthermore, external motivation was more significantly associated with shame and mental health problems compared to internal motivation. Motivation accounted for 34-50% of mental health problems. This is the first study to explore the relationship between motivation, shame, and mental health in UK hospitality workers. Findings suggest that augmenting internal motivation may be a novel means of addressing mental health problems in this worker population.

  9. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  10. Attitudes and perceptions of workers to sexual harassment.

    Science.gov (United States)

    McCabe, Marita P; Hardman, Lisa

    2005-12-01

    The authors investigated how individual factors (age, gender, gender role, past experiences of sexual harassment) and organizational factors (gender ratio, sexual harassment policies, the role of employers) related to workers' attitudes toward and perceptions of sexual harassment. In Study 1, participants were 176 workers from a large, white-collar organization. In Study 2, participants were 75 workers from a smaller, blue-collar organization. Individuals from Study 2 experienced more sexual harassment, were more tolerant of sexual harassment, and perceived less behavior as sexual harassment than did individuals from Study 1. For both samples, organizational and individual factors predicted workers' attitudes toward and experiences of sexual harassment. Individual factors-such as age, gender, gender role, past experiences of sexual harassment, and perceptions of management's tolerance of sexual harassment-predicted attitudes toward sexual harassment. Workers' attitudes, the behavioral context, and the gender of the victim and perpetrator predicted perceptions of sexual harassment. The authors discussed the broader implications of these findings and suggested recommendations for future research.

  11. Asymmetric Information under the Kafala Sponsorship System: Impacts on Foreign Domestic Workers' Income and Employment Status in the GCC Countries

    OpenAIRE

    Malit, Froilan T.; Naufal, George S

    2016-01-01

    This paper examines the legal and policy implications of information asymmetry on foreign domestic workers employed under the Kafala sponsorship system in the Gulf Cooperation Council (GCC) countries. Drawing from ethnographic and field-based observations in large GCC migrant destinations – including Kuwait, Qatar, and the United Arab Emirates (UAE) – we investigate the information flows and market uncertainties between five key stakeholders: labor-receiving governments, labor-sending governm...

  12. Health Law as a Legal Discipline

    DEFF Research Database (Denmark)

    Madsen, Helle Bødker

    2011-01-01

    The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

  13. Preferred strategies for workforce development: feedback from aged care workers.

    Science.gov (United States)

    Choy, Sarojni; Henderson, Amanda

    2016-11-01

    Objective The aim of the present study was to investigate how aged care workers prefer to learn and be supported in continuing education and training activities. Methods Fifty-one workers in aged care facilities from metropolitan and rural settings across two states of Australia participated in a survey and interviews. Survey responses were analysed for frequencies and interview data provided explanations to the survey findings. Results The three most common ways workers were currently learning and prefer to continue to learn are: (1) everyday learning through work individually; (2) everyday learning through work individually assisted by other workers; and (3) everyday learning plus group training courses at work from the employer. The three most common types of provisions that supported workers in their learning were: (1) working and sharing with another person on the job; (2) direct teaching in a group (e.g. a trainer in a classroom at work); and (3) direct teaching by a workplace expert. Conclusions A wholly practice-based continuing education and training model is best suited for aged care workers. Two variations of this model could be considered: (1) a wholly practice-based model for individual learning; and (2) a wholly practice-based model with guidance from coworkers or other experts. Although the model is preferred by workers and convenient for employers, it needs to be well resourced. What is known about the topic? Learning needs for aged care workers are increasing significantly because of an aging population that demands more care workers. Workforce development is largely 'episodic', based on organisational requirements rather than systematic life-long learning. This study is part of a larger 3-year Australian research to investigate models of continuing education training. What does this paper add? Based on an analysis of survey and interview data from 51 workers, the present study suggests effective models of workforce development for aged care

  14. HIV Testing and Cross Border Migrant Vulnerability: Social Integration and Legal/Economic Status Among Cross Border Migrant Workers in Thailand.

    Science.gov (United States)

    Ford, Kathleen; Holumyong, Charamporn

    2016-04-01

    The objective of this paper was to identify factors related to the use of HIV testing among cross border migrants in Thailand. Two measures of vulnerability (social integration and legal/economic status) as well as HIV knowledge, risk behaviour, and demographic factors were tested for association with HIV testing. Data were drawn from a survey of 2600 sexually active migrants age 15-59 in multiple provinces of Thailand. The measures of social integration (AOR = 1.14(95 % CI 1.09, 1.20) female; AOR = 1.12 (95 %CI 1.05, 1.19) male) and legal-income status (AOR = 1.12 (95 % CI 1.07, 1.18) female; AOR = 1.31 (95 %CI 1.20, 1.42) male) were positively related to the odds of reporting an HIV test for both male and female migrants. Exposure to AIDS programming including attending an AIDS meeting and possessing AIDS knowledge was also related to an increase in HIV testing. In addition, reproductive health factors including sexual risk behavior and childbirth increased the rate of HIV testing.

  15. [THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

    Science.gov (United States)

    Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

    2018-04-01

    Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

  16. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  17. 5 CFR 582.202 - Service of legal process.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

  18. Reducing the risk of HIV infection among South African sex workers: socioeconomic and gender barriers.

    Science.gov (United States)

    Karim, Q A; Karim, S S; Soldan, K; Zondi, M

    1995-11-01

    The social context within which women engaged in sex work at a popular truck stop in South Africa are placed at risk of human immunodeficiency virus (HIV) infection and the factors that influence their ability to reduce their risk were assessed. Using qualitative and quantitative techniques, an elected sex worker from within the group collected all data. Given the various pressing needs for basic survival, the risk of HIV infection is viewed as one more burden imposed on these women by their lack of social, legal, and economic power. Violence, or the threat thereof, plays an important role in their disempowerment. In the few instances in which sex workers were able to insist on condom use, it resulted in a decrease in earnings, loss of clients, and physical abuse. Recommendations to reduce the sex workers' risk for HIV infection include negotiation and communication skills to enable them to persuade their clients to use condoms; development of strategies through which they can maximally use their group strength to facilitate unified action; and accessibility of protective methods they can use and control, such as intravaginal microbicides.

  19. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  20. [Communication in health care - legal aspects].

    Science.gov (United States)

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

  1. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2011-01-01

    This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...

  2. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  3. Sex work and modes of self-employment in the informal economy: diverse business practices and constraints to effective working.

    Science.gov (United States)

    Pitcher, Jane

    2015-01-01

    This article draws on research with adult sex workers in indoor settings in Great Britain to explore diverse forms of self-employment, employment relationships and small business development, set within the context of changes to the wider economy. It considers how external constraints such as the legal context, social stigma and dominant policy discourses can impact on sex workers' autonomy and actively work against their safety and wellbeing. The article argues that broad policy and legal approaches which fail to recognise the complexity of sex work constrain sex workers' opportunities for business development and improvement of their working circumstances. It suggests the need for recognition of sex work as legitimate labour, as a prerequisite for policy changes to support sex workers and pave the way for improved working conditions, not only in managed settings but also facilitating collective arrangements and independent lone working.

  4. 42 CFR 57.1511 - Opinion of legal counsel.

    Science.gov (United States)

    2010-10-01

    ... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

  5. Worker Entrepreneurship.

    Science.gov (United States)

    Doucouliagos, Chris

    1992-01-01

    Evaluates the experience of worker entrepreneurship, highlighting successes and failures in Europe, and analyzes the relative importance of factors to worker entrepreneurship such as access to finance, education and training, organizational culture, and worker risk taking. (JOW)

  6. 28 CFR 543.15 - Legal aid program.

    Science.gov (United States)

    2010-07-01

    ... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...

  7. Platform economy in legal profession : An empirical study on online legal service providers in China

    NARCIS (Netherlands)

    Li, Jing

    2018-01-01

    Platform economy breaks into the legal profession by pooling lawyers with different specializations into a simple user-friendly platform, consolidating the lower-tier supply side of the legal market and generating economy of scale. This paper is the very first empirical piece looking into China’s

  8. Basic knowledge from legal provisions of radiation protection for staff members in radiological facilities

    International Nuclear Information System (INIS)

    Poulheim, K.F.

    1987-01-01

    Based on ICRP recommendations the GDR legislation of radiation protection is performed by the National Board of Nuclear Safety and Radiation Protection of the GDR. The legal regulations of radiation protection in biomedical radiography and radiotherapy are specified. The main content of the atomic energy law and of the regulation on guarantee of nuclear safety and radiation protection is outlined. Basic principles such as radiation workers, operating personnel of nuclear facilities and the categories of their working conditions, areas of radiation protection and unusual events are defined. Responsibility, tasks of responsive staff members, measures of control by state and plant, guarantee of radiation protection, limitation of radiation doses and last not least regulations of sentences and fines, resp., are specified

  9. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

  10. Catalysts of worker-to-worker violence and incivility in hospitals.

    Science.gov (United States)

    Hamblin, Lydia E; Essenmacher, Lynnette; Upfal, Mark J; Russell, Jim; Luborsky, Mark; Ager, Joel; Arnetz, Judith E

    2015-09-01

    To identify common catalysts of worker-to-worker violence and incivility in hospital settings. Worker-to-worker violence and incivility are prevalent forms of mistreatment in healthcare workplaces. These are forms of counterproductive work behaviour that can lead to negative outcomes for employees, patients and the organisation overall. Identifying the factors that lead to co-worker mistreatment is a critical first step in the development of interventions targeting these behaviours. Retrospective descriptive study. Qualitative content analysis was conducted on the total sample (n = 141) of employee incident reports of worker-to-worker violence and incivility that were documented in 2011 at a large American hospital system. More than 50% of the incidents involved nurses, and the majority of incidents did not involve physical violence. Two primary themes emerged from the analysis: Work Behaviour and Work Organisation. Incidents in the Work Behaviour category were often sparked by unprofessional behaviour, disagreement over responsibilities for work tasks or methods of patient care, and dissatisfaction with a co-worker's performance. Incidents in the Work Organisation category involved conflicts or aggression arising from failure to following protocol, patient assignments, limited resources and high workload. Incidents of worker-to-worker violence and incivility stemmed from dissatisfaction with employee behaviour or from organisational practices or work constraints. These incident descriptions reflect worker dissatisfaction and frustration, resulting from poor communication and collaboration between employees, all of which threaten work productivity. Violence and incivility between hospital employees can contribute to turnover of top performers, hinder effective teamwork and jeopardise the quality of patient care. Identification of common catalysts for worker-to-worker violence and incivility informs the development of mistreatment prevention programmes that can be

  11. Participative knowledge management to empower manufacturing workers

    DEFF Research Database (Denmark)

    Campatelli, Gianni; Richter, Alexander; Stocker, Alexander

    2016-01-01

    skills. In this paper, the authors suggest a participative knowledge management approach to empower manufacturing workers. Starting from a comprehensive empirical analysis of the existing work practices in a manufacturing company, the authors have developed and validated a knowledge management system...... prototype. The prototype is aimed for training, problem solving, and facilitating the discovery, acquisition, and sharing of manufacturing knowledge. The conducted evaluation of the prototype indicates that workers' skills and level of work satisfaction will increase since the knowledge management system...

  12. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

  13. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

    The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

  14. The legal mentality and the succession of the law.

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

    Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

  15. Nest wax triggers worker reproduction in the bumblebee Bombus terrestris.

    Science.gov (United States)

    Rottler-Hoermann, Ann-Marie; Schulz, Stefan; Ayasse, Manfred

    2016-01-01

    Social insects are well known for their high level of cooperation. Workers of the primitively eusocial bumblebee Bombus terrestris are able to produce male offspring in the presence of a queen. Nonetheless, they only compete for reproduction, in the so-called competition phase, when the workforce is large enough to support the rearing of reproductives. So far, little is known about the proximate mechanisms underlying the shift between altruism and selfish behaviour in bumblebee workers. In this study, we have examined the influence of chemical cues from the nest wax on the onset of worker reproduction. Chemical analyses of wax extracts have revealed that the patterns and amounts of cuticular lipids change considerably during colony development. These changes in wax scent mirror worker abundance and the presence of fertile workers. In bioassays with queen-right worker groups, wax affects the dominance behaviour and ovarian development of workers. When exposed to wax from a colony in competition phase, workers start to compete for reproduction. We suggest that wax scent enables workers to time their reproduction by providing essential information concerning the social condition of the colony.

  16. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

  17. Under the (legal radar screen: global health initiatives and international human rights obligations

    Directory of Open Access Journals (Sweden)

    Hammonds Rachel

    2012-11-01

    Full Text Available Abstract Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers

  18. Under the (legal) radar screen: global health initiatives and international human rights obligations

    Science.gov (United States)

    2012-01-01

    Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on. PMID

  19. Under the (legal) radar screen: global health initiatives and international human rights obligations.

    Science.gov (United States)

    Hammonds, Rachel; Ooms, Gorik; Vandenhole, Wouter

    2012-11-15

    Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on.

  20. “Sometimes they used to whisper in our ears”: health care workers’ perceptions of the effects of abortion legalization in Nepal

    Science.gov (United States)

    2012-01-01

    Background Unsafe abortion has been a significant cause of maternal morbidity and mortality in Nepal. Since legalization in 2002, more than 1,200 providers have been trained and 487 sites have been certified for the provision of safe abortion services. Little is known about health care workers’ views on abortion legalization, such as their perceptions of women seeking abortion and the implications of legalization for abortion-related health care. Methods To complement a quantitative study of the health effects of abortion legalization in Nepal, we conducted 35 in-depth interviews with physicians, nurses, counsellors and hospital administrators involved in abortion care and post-abortion complication treatment services at four major government hospitals. Thematic analysis techniques were used to analyze the data. Results Overall, participants had positive views of abortion legalization – many believed the severity of abortion complications had declined, contributing to lower maternal mortality and morbidity in the country. A number of participants indicated that the proportion of women obtaining abortion services from approved health facilities was increasing; however, others noted an increase in the number of women using unregulated medicines for abortion, contributing to rising complications. Some providers held negative judgments about abortion patients, including their reasons for abortion. Unmarried women were subject to especially strong negative perceptions. A few of the health workers felt that the law change was encouraging unmarried sexual activity and carelessness around pregnancy prevention and abortion, and that repeat abortion was becoming a problem. Many providers believed that although patients were less fearful than before legalization, they remained hesitant to disclose a history of induced abortion for fear of judgment or mistreatment. Conclusions Providers were generally positive about the implications of abortion legalization for the country

  1. Gender-Based Pay Disparities in Intercollegiate Coaching: The Legal Issues.

    Science.gov (United States)

    Gaal, John; Glazier, Michael S.; Evans, Thomas S.

    2002-01-01

    Explores the legal issues surrounding pay disparities between men and women in intercollegiate coaching, including how courts have treated disparate wage claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Title IX, and the defenses used by institutions. Offers suggestions for defending claims and a detailed review of…

  2. Focused Group Discussion of urban ASHA workers regarding their workrelated issues

    Directory of Open Access Journals (Sweden)

    Mansi M Brahmbhatt

    2017-06-01

    Full Text Available Background: Urban ASHA workers bridge the gap between the Urban Health system and urban poor to provide accessible, affordable, accountable, reliable & effective primary health care.  Amis & Objectives: To identify work related problems faced by urban ASHA workers and to seek suggestions for their work-related issues. Settings and Design: FGD of Urban ASHA workers posted at Urban Health Centres of Ahmedabad. Methods and Material: Random sampling was used to select two UHCs and 8 Urban ASHA workers from both the UHCs for conducting FGDs. Statistical analysis used: interview transcribing. Results: Service gave them satisfaction, Salary did not!!! Some of the other important issues related to their work include transportation, cooperation from community, environmental issues & extended working hours. Conclusions: The problems identified and suggestions received needs to be taken seriously, addressed promptly and timely to improve service delivery.

  3. 30 CFR 41.20 - Legal identity report.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...

  4. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

    This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

  5. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  6. Workers radiation protection. Occupational exposure to ionizing radiations in France: 2015 results. 2016 Mission report

    International Nuclear Information System (INIS)

    2016-06-01

    National results of the individual monitoring of occupational exposure to ionizing radiation are reported for all civilian and military activities subject to authorization or declaration (i.e. medical and veterinary activities, nuclear industry, defence, non-nuclear industry and research), as well as for activities concerned by the enhanced exposure to natural radiation. 365 830 workers within activities subject to authorization or declaration were monitored by passive dosimetry in 2015, which represents an increase by 1.7 % compared to 2014. The average individual dose in 2015 was very close to the value in 2014. Furthermore, 14 138 workers received more than 1 mSv (i.e. the legal dose limit for the public), and 2 606 workers received more than 5 mSv. 2 workers received more than 20 mSv (i.e. the dose limit for the workers in the French regulation). As a result, the collective dose increased from 56.3 to 61.9 man.Sv (10 %), thus reaching the same level as in the years 2009 to 2013. Important differences are noticed according to the occupational activities: the average dose in the medical and veterinary field (which represents 62.4 % of the monitored workers) and that in the research field (3.6 % of the monitored workers) are less than 0.4 mSv; the average doses are higher in the nuclear field and in the non-nuclear industry (representing together 30.1 % of the monitored workers), respectively 1.17 mSv and 1.38 mSv. Concerning internal dosimetry, 279 877 individual examinations have been performed in 2015, 52 % of which are radio-toxicological analysis of excreta and 48 % are direct body counting. In 2015, 2 workers had a committed effective dose greater than or equal to 1 mSv and the maximum dose was 3 mSv. Data or trends relative to workers exposed to natural radioactivity are also dealt with in this report (air crews, personnel subjected to radon exposure). In particular, results of aircrew dosimetry are reported: in 2015, the average individual dose of 19 565

  7. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  8. The International Legal Personality of the Individual

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

  9. Impact of brief communication training among hospital social workers.

    Science.gov (United States)

    Bunting, Morgan; Cagle, John G

    2016-01-01

    Hospital social workers are often the fulcrum of communication between physicians, patients, and families especially when patients are facing life-threatening illness. This study aims to understand the impact of a brief training for hospital social workers. The training is designed to improve communication skills and self-efficacy, as well as lessen fears of death and dying. Repeated-measures tests were used to assess outcomes across three time points. Twenty-nine university-based hospital social workers participated. Results trended in the desired directions. Communication self-efficacy improved immediately following the training, and this was sustained 1 month following training completion. Although participants were relatively experienced, improvement was still demonstrated and maintained suggesting brief communication training is promising for hospital social workers across the career.

  10. HIV/AIDS and Croatian migrant workers.

    Science.gov (United States)

    Stulhofer, Aleksandar; Brouillard, Pamela; Nikolić, Nebojga; Greiner, Nina

    2006-12-01

    Due to their geographical mobility and long periods of separation from intimate partners, migrant workers are at increased risk for a variety of sexually transmitted infections (STIs) including HIV/AIDS. This study sought to investigate patterns in HIV/AIDS related knowledge, attitudes and sexual behaviour in migrant workers in Croatia. In 2003, 566 male migrant workers were recruited during regular required medical examinations and surveyed at seven locations throughout the country. Each participant was asked to complete a self-administered KABP (sexual knowledge, attitudes, beliefs and practices) questionnaire. The average age of respondents was 38.2 years and the majority worked as seafarers (77.3%) and construction workers (20.5%). Only 18.5% of respondents were able to correctly answer all 13 questions assessing knowledge of HIV/AIDS. Seafarers reported higher levels of knowledge than did construction workers. The average respondent reported having had two sexual partners in the last 12 months, with slightly over half of the respondents (55.3%) reporting condom use at their last intercourse with a casual partner. One fifth of the respondents (20.3%) who reported having had intercourse with a sex worker during the last year reported not using condoms at last intercourse. The number of sexual partners was correlated with age, marital status, faith in God, and personal HIV risk assessment. Attitudes toward condom use, co-workers' HIV/AIDS concerns and the duration of migrant status (within the last two years) were shown to be significant correlates of condom use at last intercourse with a casual partner. The effect of HIV/AIDS related knowledge on analyzed behaviors did not reach statistical significance. Inadequate patterns of migrant workers' condom use, gaps in knowledge about HIV transmission and modes of protection, as well as widespread ignorance regarding available anonymous HIV testing found by this study suggest a critical need for expert intervention to

  11. Foreign citizens with the right to work in the Republic of Moldova with no status of immigrant workers who do not fall under the provisions of the Law

    Directory of Open Access Journals (Sweden)

    Nicolae ROMANDAȘ,

    2016-12-01

    Full Text Available Among foreigners (foreign citizens or stateless persons, who legally reside on the territory of Republic of Moldova for work purposes, there are several categories of such persons who, in reality benefit of a special legal status being regulated by other legal acts than those regulating labour migration. In the Law of Moldova no. 180 on labour migration, there are identified 12 categories of foreigners who do not fall under this law and therefore cannot be treated as migrant workers. In our paper, we classified these categories of foreigners in four blocks as follows: a based on a particular profession, activity; b according to a profession and a determined period of activity in the Republic of Moldova; c depending on the conditions of the international treaty and d depending on other circumstances.

  12. Development of CaSO4:Dy based ring dosemeter for extremity monitoring of radiation workers in India

    International Nuclear Information System (INIS)

    Srivastava, Kshama; Meenal, P.; Bhagat, R.V.; Singh, R.; Kolambe, D.H.; Chougaonkar, M.P.; Sapra, B.K.

    2014-01-01

    Extremity dosemeters are required to be worn in cases where the dose to extremities is expected to be significantly greater than the dose to the whole body. In India, CaSO 4 :Dy based three element personnel monitoring TLD badge worn at chest and wrist level are used for whole body and extremity monitoring, respectively. Presently no official/legal finger dosemeter is available for extremity monitoring for radiation workers in the country. To cater to the long standing requirement of finger dosimeter, a new compact three-element Extremity Ring Badge Dosemeter (ERBD) has been developed for measurement of the equivalent doses received by the extremities of radiation workers in terms of operational quantity Hp(0.07). It was aimed to meet the performance requirement of IEC/ISO standards. This paper gives the design detail and result of experimental studies of ERB dosemeter

  13. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

    The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

  14. The choices judges make - Court rulings, personal values, and legal constraints

    NARCIS (Netherlands)

    van Hees, M.V.B.P.M; Steunenberg, B.

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  15. The Choices Judges Make: Court Rulings, Personal Values, and Legal Constraints

    NARCIS (Netherlands)

    Van Hees, Martin; Steunenberg, Bernard

    2000-01-01

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  16. Ethical, Legal, and Social Implications of Personalized Genomic Medicine Research: Current Literature and Suggestions for the Future.

    Science.gov (United States)

    Callier, Shawneequa L; Abudu, Rachel; Mehlman, Maxwell J; Singer, Mendel E; Neuhauser, Duncan; Caga-Anan, Charlisse; Wiesner, Georgia L

    2016-11-01

    This review identifies the prominent topics in the literature pertaining to the ethical, legal, and social issues (ELSI) raised by research investigating personalized genomic medicine (PGM). The abstracts of 953 articles extracted from scholarly databases and published during a 5-year period (2008-2012) were reviewed. A total of 299 articles met our research criteria and were organized thematically to assess the representation of ELSI issues for stakeholders, health specialties, journals, and empirical studies. ELSI analyses were published in both scientific and ethics journals. Investigational research comprised 45% of the literature reviewed (135 articles) and the remaining 55% (164 articles) comprised normative analyses. Traditional ELSI concerns dominated the discourse including discussions about disclosure of research results. In fact, there was a dramatic increase in the number of articles focused on the disclosure of research results and incidental findings to research participants. Few papers focused on particular disorders, the use of racial categories in research, international communities, or special populations (e.g., adolescents, elderly patients, or ethnic groups). Considering that strategies in personalized medicine increasingly target individuals' unique health conditions, environments, and ancestries, further analysis is needed on how ELSI scholarship can better serve the increasingly global, interdisciplinary, and diverse PGM research community. © 2016 John Wiley & Sons Ltd.

  17. Factors influencing restaurant worker perception of floor slipperiness.

    Science.gov (United States)

    Courtney, Theodore K; Huang, Yueng-Hsiang; Verma, Santosh K; Chang, Wen-Ruey; Li, Kai Way; Filiaggi, Alfred J

    2006-11-01

    Falls are responsible for a substantial injury burden in the global workplace. Restaurant environments are particularly challenged by slips, trips, and falls. This study explored those factors that could influence workers' self-reports of slipperiness in U.S. fast-food restaurants. One hundred and twenty-six workers employed in 10 fast-food restaurants in the northeastern United States participated in the study representing a study-wide response rate of 87.5%. Participants' ratings of floor slipperiness and occupational slip history within the past 4 weeks were collected through written questionnaire. Additional factors collected by questionnaire included age, gender, shift length, and shoe type. Shoe condition (wear) and shoe contamination were visually assessed by the investigators. Floor friction was also measured. Lower restaurant mean coefficient of friction and the presence of contamination on workers' shoe soles were environmental factors significantly associated with workers reporting more slippery conditions. A recent workplace history of slipping with or without a subsequent fall was also significantly associated with workers reporting more slippery conditions. Workers over the age of 45 reported conditions to be significantly less slippery than younger workers. The results suggest that worker ratings of slipperiness are influenced not only by the actual level of friction but also by the other individual and environmental factors noted above. Recommendations for future studies would include a longitudinal design to better capture the temporal sequence between these variables. More field research is needed to better understand the association between workplace conditions, worker perception of slipperiness, and slipping at work.

  18. Scientific-practical and legal problems of implementation of the personalized medicine.

    Science.gov (United States)

    Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

    2017-09-01

    The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

  19. 18 CFR 3b.5 - Legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...

  20. Competitive Legal Professionals' use of Technology in Legal ...

    African Journals Online (AJOL)

    Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...

  1. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  2. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  3. Repeated evolution of soldier sub-castes suggests parasitism drives social complexity in stingless bees.

    Science.gov (United States)

    Grüter, Christoph; Segers, Francisca H I D; Menezes, Cristiano; Vollet-Neto, Ayrton; Falcón, Tiago; von Zuben, Lucas; Bitondi, Márcia M G; Nascimento, Fabio S; Almeida, Eduardo A B

    2017-02-23

    The differentiation of workers into morphological castes represents an important evolutionary innovation that is thought to improve division of labor in insect societies. Given the potential benefits of task-related worker differentiation, it is puzzling that physical worker castes, such as soldiers, are extremely rare in social bees and absent in wasps. Following the recent discovery of soldiers in a stingless bee, we studied the occurrence of worker differentiation in 28 stingless bee species from Brazil and found that several species have specialized soldiers for colony defence. Our results reveal that worker differentiation evolved repeatedly during the last ~ 25 million years and coincided with the emergence of parasitic robber bees, a major threat to many stingless bee species. Furthermore, our data suggest that these robbers are a driving force behind the evolution of worker differentiation as targets of robber bees are four times more likely to have nest guards of increased size than non-targets. These findings reveal unexpected diversity in the social organization of stingless bees.Although common in ants and termites, worker differentiation into physical castes is rare in social bees and unknown in wasps. Here, Grüter and colleagues find a guard caste in ten species of stingless bees and show that the evolution of the guard caste is associated with parasitization by robber bees.

  4. A critique of cannabis legalization proposals in Canada.

    Science.gov (United States)

    Kalant, Harold

    2016-08-01

    An editorial in this issue describes a cannabis policy framework document issued by a major Canadian research centre, calling for legalization of non-medical use under strict controls to prevent increase in use, especially by adolescents and young adults who are most vulnerable to adverse effects of cannabis. It claims that such a system would eliminate the severe personal, social and monetary costs of prohibition, diminish the illicit market, and provide more humane management of cannabis use disorders. It claims that experience with regulation of alcohol and tobacco will enable a system based on public health principles to control access of youth to cannabis without the harm caused by prohibition. The present critique argues that the claims made against decriminalization and for legalization are unsupported, or even contradicted, by solid evidence. Early experience in other jurisdictions suggests that legalization increases use by adolescents and its attendant harms. Regulation of alcohol use does not provide a good model for cannabis controls because there is widespread alcohol use and harm among adolescents and young adults. Government monopolies of alcohol sale have been used primarily as sources of revenue rather than for guarding public health, and no reason has been offered to believe they would act differently with respect to cannabis. Good policy decisions require extensive unbiased information about the individual and social benefits and costs of both drug use and proposed control measures, and value judgments about the benefit/harm balance of each option. Important parts of the necessary knowledge about cannabis are not yet available, so that the value judgments are not yet possible. Therefore, a better case can be made for eliminating some of the harms of prohibition by decriminalization of cannabis possession and deferring decision about legalization until the necessary knowledge has been acquired. Copyright © 2016 Elsevier B.V. All rights reserved.

  5. Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

    Science.gov (United States)

    Trinkner, Rick; Cohn, Ellen S

    2014-12-01

    Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  6. Retrospective research: What are the ethical and legal requirements?

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

    Retrospective research is conducted on already available data and/or biologic material. Whether such research requires that patients specifically consent to the use of "their" data continues to stir controversy. From a legal and ethical point of view, it depends on several factors. The main criteria to be considered are whether the data or the sample is anonymous, whether the researcher is the one who collected it and whether the patient was told of the possible research use. In Switzerland, several laws delineate the procedure to be followed. The definition of "anonymous" is open to some interpretation. In addition, it is debatable whether consent waivers that are legally admissible for data extend to research involving human biological samples. In a few years, a new Swiss federal law on human research could clarify the regulatory landscape. Meanwhile, hospital-internal guidelines may impose stricter conditions than required by federal or cantonal law. Conversely, Swiss and European ethical texts may suggest greater flexibility and call for a looser interpretation of existing laws. The present article provides an overview of the issues for physicians, scientists, ethics committee members and policy makers involved in retrospective research in Switzerland. It aims at provoking more open discussions of the regulatory problems and possible future legal and ethical solutions.

  7. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

  8. The decriminalization of prostitution is associated with better coverage of health promotion programs for sex workers.

    Science.gov (United States)

    Harcourt, Christine; O'Connor, Jody; Egger, Sandra; Fairley, Christopher K; Wand, Handan; Chen, Marcus Y; Marshall, Lewis; Kaldor, John M; Donovan, Basil

    2010-10-01

    In order to assess whether the law has an impact on the delivery of health promotion services to sex workers, we compared health promotion programs in three Australian cities with different prostitution laws. The cities were Melbourne (brothels legalized if licensed, unlicensed brothels criminalized), Perth (criminalization of all forms of sex work) and Sydney (sex work largely decriminalized, without licensing). We interviewed key informants and gave questionnaires to representative samples of female sex workers in urban brothels. Despite the different laws, each city had a thriving and diverse sex industry and a government-funded sex worker health promotion program with shopfront, phone, online and outreach facilities. The Sydney program was the only one run by a community-based organisation and the only program employing multi-lingual staff with evening outreach to all brothels. The Melbourne program did not service the unlicensed sector, while the Perth program accessed the minority of brothels by invitation only. More Sydney workers reported a sexual health centre as a source of safer sex training and information (Sydney 52% v Melbourne 33% and Perth 35%; plegal context appeared to affect the conduct of health promotion programs targeting the sex industry. Brothel licensing and police-controlled illegal brothels can result in the unlicensed sector being isolated from peer-education and support. © 2010 The Authors. Journal Compilation © 2010 Public Health Association of Australia.

  9. Biological effects of ionizing radiation - changing worker attitudes

    International Nuclear Information System (INIS)

    Johnson, N.; Schenley, C.

    1989-01-01

    Training Resources and Data Exchange (TRADE) Radiation Protection Training Special Interest Group has taken an innovative approach to providing DOE contractors with radiation worker training material information. Newly-hired radiation workers may be afraid to work near radiation and long-term radiation workers may become indifferent to the biological hazard of radiation. Commercially available training material is often presented at an inappropriate technical level or in an uninteresting style. These training problems have been addressed in the DOE system through development of a training videotape and supporting material package entitled Understanding Ionizing Radiation and its Biological Effects. The training package, developed and distributed by TRADE specifically to meet the needs of DOE contractor facilities, contains the videotape and accompanying paper supporting materials designed to assist the instructor. Learning objectives, presentation suggestion for the instructor, trainee worksheets, guided discussion questions, and trainee self-evaluation sheets are included in the training package. DOE contractors have agreed that incorporating this training module into radiation worker training programs enhances the quality of the training and increase worker understanding of the biological effects of ionizing radiation

  10. The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

    Science.gov (United States)

    Burman, Monica

    2010-02-01

    The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

  11. Labour Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S

    2000-01-01

    This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

  12. Labor Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S.

    2000-01-01

    This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

  13. The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

    Science.gov (United States)

    Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

    2016-12-01

    The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

  14. Resident transitions to assisted living: a role for social workers.

    Science.gov (United States)

    Fields, Noelle LeCrone; Koenig, Terry; Dabelko-Schoeny, Holly

    2012-08-01

    This study explored key aspects of resident transitions to assisted living (AL), including the frequency and importance of preadmission resident education and the potential role of social workers in this setting. To examine the factors that may help or hinder resident transitions to AL, a written survey was administered to a statewide, geographically representative purposive sample of Medicaid Assisted Living Waiver providers (N = 28). Findings suggest a positive relationship between the availability of a social worker and the frequency and importance of resident preadmission education in several areas. Results also suggest a gap between what AL providers believe is important for resident transitions and what is actually happening in their facilities. Social workers may play a significant role in providing preadmission education and are well positioned to address the unmet psychosocial needs of residents and family members during the transition to AL. Future studies should specifically examine the contributing role of social workers during the period of adjustment to AL and the effect of social work services on the well-being of AL residents and families in AL settings.

  15. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  16. Educational mismatch and health status among foreign-born workers in Sweden.

    Science.gov (United States)

    Dunlavy, A C; Garcy, A M; Rostila, M

    2016-04-01

    Foreign-born workers have been shown to experience poorer working conditions than native-born workers. Yet relationships between health and educational mismatch have been largely overlooked among foreign-born workers. This study uses objective and self-reported measures of educational mismatch to compare the prevalence of educational mismatch among native (n = 2359) and foreign-born (n = 1789) workers in Sweden and to examine associations between educational mismatch and poor self-rated health. Findings from weighted multivariate logistic regression which controlled for social position and individual-level demographic characteristics suggested that over-educated foreign-born workers had greater odds ratios for poor-self rated health compared to native-born matched workers. This association was particularly evident among men (OR = 2.14, 95% CI: 1.04-4.39) and women (OR = 2.13, 95% CI: 1.12-4.03) from countries outside of Western Europe, North America, and Australia/New Zealand. Associations between under-education and poor-self rated health were also found among women from countries outside of Western Europe, North America, and Australia/New Zealand (OR = 2.02, 95% CI: 1.27-3.18). These findings suggest that educational mismatch may be an important work-related social determinant of health among foreign-born workers. Future studies are needed to examine the effects of long-term versus short-term states of educational mismatch on health and to study relationships over time. Copyright © 2016 Elsevier Ltd. All rights reserved.

  17. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

  18. Modern Questions Of The Legal Philosophy

    Directory of Open Access Journals (Sweden)

    Gennadiy A. Torgashev

    2014-06-01

    Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

  19. LKIF Core: principled ontology development for the legal domain

    NARCIS (Netherlands)

    Hoekstra, R.; Breuker, J.; Di Bello, M.; Boer, A.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

    2009-01-01

    In this paper we describe a legal core ontology that is part of the Legal Knowledge Interchange Format: a knowledge representation formalism that enables the translation of legal knowledge bases written in different representation formats and formalisms. A legal (core) ontology can play an important

  20. House of healing, house of disrespect: a Kantian perspective on disrespectful behaviour among hospital workers.

    Science.gov (United States)

    Bernstein, Mark; Fundner, Rita

    2002-01-01

    Respect toward patients is one of the most fundamental and central tenets guiding both modern bioethical practice and the everyday behaviour of all healthcare professionals. However, similar courtesy and respect is often breached in day-to-day interactions between hospital workers. Many examples are relatively minor, while egregious examples such as gender discrimination and physical abuse do occur. The more egregious transgressions may be handled by formal processes, even legal proceedings. However, the innumerable smaller examples of disrespectful behaviour are ubiquitous and insidious in their erosion of a productive collaborative approach to patient care and other aspects of functioning within the institution. The authors briefly summarize some of the pertinent literature on this subject and analyze the problem of disrespect in the hospital with special focus on the issue as seen from the perspective of the moral philosophy of Immanuel Kant. Some simple recommendations for improving disrespectful behaviour amongst hospital workers are offered.

  1. Compensation patterns for healthcare workers in British Columbia, Canada.

    Science.gov (United States)

    Alamgir, H; Siow, S; Yu, S; Ngan, K; Guzman, J

    2009-06-01

    This report examines relationships between the acceptance of compensation claims, and employee and workplace characteristics for healthcare workers in British Columbia, Canada to determine suitability of using only accepted claims for occupational epidemiology research. A retrospective cohort of full-time healthcare workers was constructed from an active incident surveillance database. Incidents filed for compensation over a 1-year period were examined for initial claim decision within a 6-month window relative to sub-sector of employment, age, sex, seniority, occupation of workers, and injury category. Compensation costs and duration of time lost for initially accepted claims were also investigated. Multiple logistic regression models with generalised estimating equations (GEEs) were used to calculate adjusted relative odds (ARO) of claims decision accounting for confounding factors and clustering effects. Employees of three health regions in British Columbia filed 2274 work-related claims in a year, of which 1863 (82%) were initially accepted for compensation. Proportion of claims accepted was lowest in community care (79%) and corporate office settings (79%) and highest in long-term care settings (86%). Overall, 46% of claims resulting from allergy/irritation were accepted, in contrast to 98% acceptance of claims from cuts and puncture wounds. Licensed practical nurses had the lowest odds of claims not accepted compared with registered nurses (ARO (95% CI) = 0.55 (0.33 to 0.91)), whereas management/administrative staff had the highest odds (ARO = 2.91 (1.25 to 6.79)) of claims not accepted. A trend was observed with higher seniority of workers associated with lower odds of non-acceptance of claims. Analysis from British Columbia's healthcare sector suggests variation in workers' compensation acceptance exists across sub-sectors, occupations, seniority of workers, and injury categories. The patterns observed, however, were independent of age and sex of workers

  2. The Uneven Legal Push for Europe

    DEFF Research Database (Denmark)

    Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons

    2009-01-01

    National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....

  3. Workers of Acromyrmex echinatior leafcutter ants police worker-laid eggs, but not reproductive workers

    DEFF Research Database (Denmark)

    Dijkstra, Michiel B.; van Zweden, Jelle Stijn; Dirchsen, Maria

    2010-01-01

    Nonreproductive workers of many eusocial Hymenoptera 'police' the colony, that is, they attack reproductive sister workers or destroy their eggs (unfertilized; developing into haploid males). Several ultimate causes of policing have been proposed, including (1) an increase in colony productivity,...... reproductive workers. We infer that relatedness incentives are the most likely ultimate cause of the evolutionary maintenance of worker-egg policing in A. echinatior. (C) 2010 The Association for the Study of Animal Behaviour. Published by Elsevier Ltd. All rights reserved...

  4. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  5. Human right to sanitation in the legal and non-legal literature : The need for greater synergy

    NARCIS (Netherlands)

    Obani, P.; Gupta, J.

    2016-01-01

    This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private

  6. Immunological effects of CaEDTA injection: observations in two lead workers.

    Science.gov (United States)

    Sata, F; Araki, S; Sakai, T; Nakata, A; Yamashita, K; Morita, Y; Tanigawa, T; Miki, A

    1997-12-01

    To evaluate the effects of calcium disodium ethylenediamine tetraacetate (CaEDTA) injection on human immune system in relation to exposure to lead, we administered CaEDTA by intravenous injection for 1 hr three times (three consecutive days) a week to two male lead workers. They had been engaged in recycling lead for 31 and 22 years, aged 61 and 53 years (workers 1 and 2), respectively. Before the treatment of CaEDTA, their blood lead concentrations (PbB) were 81 and 68 micrograms/dl, respectively. The administration of CaEDTA had been carried out to worker 1 for 10 weeks and to worker 2 for 6 weeks. A significant decrease in PbB between before and after three-times CaEDTA injection was found in both workers. Significant increases in IgG, IgA, IgM, CD8+, and CD57+ cells were found in worker 1. A significant increase in IgD was found in worker 2. During the study period, IgG in worker 1 and CD4+ cells in worker 2 were gradually increasing. There was a significant negative correlation between IgG and PbB in worker 1. It is suggested that the immunological function such as antibody formation in lead workers might be improved by CaEDTA injection.

  7. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

    This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

  8. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

    Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

  9. Health and safety problems among amang workers in the tin industry in Malaysia

    Energy Technology Data Exchange (ETDEWEB)

    Hu, Shze Jer; Kandaiya, Sivamany

    1985-12-01

    Workers in amang plants are exposed to both internal and external radiation. The radioactivity level measured in the amang plants are presented. Safety measures are suggested to minimize the workers from radiation exposure.

  10. [Medical data security in medico-legal opinioning].

    Science.gov (United States)

    Susło, Robert; Swiatek, Barbara

    2005-01-01

    Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

  11. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

    Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

  12. Promoting personal safety of building service workers: issues and challenges.

    Science.gov (United States)

    Chen, Shelley I; Skillen, D Lynn

    2006-06-01

    This exploratory, descriptive study conducted at a large western Canadian university solicited perceptions of personal safety among building service workers who perform night shift work alone. Ten semi-structured interviews were conducted at approximately 10:00 p.m. or 7:00 a.m with a convenience sample of night building service workers in private or semi-private locations on the university campus. Transcribed interview data were subjected to inductive content analysis using descriptive, interpretive, and pattern coding (Miles & Huberman, 1994). Results suggest that building service night shift workers are exposed to personal safety hazards in their physical and psychosocial work environments. In addition, culturally and linguistically appropriate delivery of safety training and education about policies and procedures is required for culturally diverse building service workers. Promotion of personal safety in this heterogeneous worker population requires due diligence, assessment, and advocacy.

  13. Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

    Directory of Open Access Journals (Sweden)

    Melania Navas Graterol

    2017-11-01

    Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

  14. Legal Reform, De-colonization and State-building in Palestine ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    Legal Reform, De-colonization and State-building in Palestine. Demands for legal reform have come from both inside and outside Palestine. Inside Palestine, legal reform is seen as a prerequisite for democracy and good governance. Outside, legal reform is perceived as integral to the continued peace process with Israel.

  15. Difficulties facing healthcare workers in the era of AIDS treatment in Lesotho.

    Science.gov (United States)

    Koto, Masebeo Veronica; Maharaj, Pranitha

    2016-01-01

    Sub-Saharan Africa is most affected by the AIDS pandemic and Lesotho is no exception. In many countries, healthcare workers are at the forefront of the fight against AIDS. This study explores the difficulties facing healthcare workers in Lesotho using a combination of qualitative methods--focus group discussions and in-depth interviews. The findings suggest that healthcare workers are afraid of contracting HIV from their patients and this affects their delivery of services. In addition, the results revealed that poor infrastructure and shortage of supplies at the facilities hinder healthcare workers from performing their duties effectively. The other concern was the heavy workload and severe time constraints which puts enormous stress on healthcare workers. Stigma and discrimination emerged as major problems for healthcare workers. Addressing the challenges facing healthcare workers is essential in effectively managing the AIDS pandemic facing the continent.

  16. THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

    Directory of Open Access Journals (Sweden)

    Eugene Stepanovich Shevlakov

    2015-09-01

    Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

  17. Prevalence and structural correlates of gender based violence among a prospective cohort of female sex workers.

    Science.gov (United States)

    Shannon, Kate; Kerr, T; Strathdee, S A; Shoveller, J; Montaner, J S; Tyndall, M W

    2009-08-11

    To examine the prevalence and structural correlates of gender based violence against female sex workers in an environment of criminalised prostitution. Prospective observational study. Vancouver, Canada during 2006-8. Female sex workers 14 years of age or older (inclusive of transgender women) who used illicit drugs (excluding marijuana) and engaged in street level sex work. Self reported gender based violence. Of 267 female sex workers invited to participate, 251 women returned to the study office and consented to participate (response rate of 94%). Analyses were based on 237 female sex workers who completed a baseline visit and at least one follow-up visit. Of these 237 female sex workers, 57% experienced gender based violence over an 18 month follow-up period. In multivariate models adjusted for individual and interpersonal risk practices, the following structural factors were independently correlated with violence against female sex workers: homelessness (adjusted odds ratio for physical violence (aOR(physicalviolence)) 2.14, 95% confidence interval 1.34 to 3.43; adjusted odds ratio for rape (aOR(rape)) 1.73, 1.09 to 3.12); inability to access drug treatment (adjusted odds ratio for client violence (aOR(clientviolence)) 2.13, 1.26 to 3.62; aOR(physicalviolence) 1.96, 1.03 to 3.43); servicing clients in cars or public spaces (aOR(clientviolence) 1.50, 1.08 to 2.57); prior assault by police (aOR(clientviolence) 3.45, 1.98 to 6.02; aOR(rape) 2.61, 1.32 to 5.16); confiscation of drug use paraphernalia by police without arrest (aOR(physicalviolence) 1.50, 1.02 to 2.41); and moving working areas away from main streets owing to policing (aOR(clientviolence) 2.13, 1.26 to 3.62). Our results demonstrate an alarming prevalence of gender based violence against female sex workers. The structural factors of criminalisation, homelessness, and poor availability of drug treatment independently correlated with gender based violence against street based female sex workers. Socio-legal

  18. Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

    Directory of Open Access Journals (Sweden)

    Rupert Harwood

    2016-04-01

    Full Text Available The research literature indicates that legislative changes in recent years, including the introduction of tribunal fees, have made it harder for workers in general to enforce their rights under UK employment laws. Drawing on the author’s qualitative study, conducted in 2015 and with information from 265 participants, this paper finds that these legislative changes could be having disproportionate adverse impacts on disabled workers. Of particular note, fees had deterred substantial numbers from submitting discrimination claims; and it appeared that this reluctance to take legal action had in turn emboldened some employers to commit what might have been found to constitute unlawful acts if taken to tribunal. The paper goes onto consider whether these adverse impacts on disabled workers could render fees unlawful under UK and European equality and human rights law and/or could entail violations of rights under the United Nations Convention on the Rights of Persons with Disabilities. The paper concludes that the intent behind UK laws might (in relation to the lawfulness of fees have been frustrated in the domestic courts and that the impact of any future successes in the domestic courts, or under international law, might be dependent upon public opinion and political expediency. The paper also briefly compares developments in Britain with developments in neighbouring and other comparable jurisdictions.

  19. The problem of the legal nature of Green Certificates in the Italian legal system

    International Nuclear Information System (INIS)

    Colcelli, Valentina

    2012-01-01

    Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

  20. [The issue of medico-legal assessment of noise induced hearing loss: comparison of methods].

    Science.gov (United States)

    Bosio, D; Coggiola, M; Baracco, A; Andreis, P; Perrelli, F

    2011-01-01

    Audiogram classification is crucial for hearing protection of workers occupationally exposed to noise. The methods that have been proposed are based on two principles: the morphological evaluation of the audiometric curve (eg. Merluzzi-Pira-Bosio--MPB) or the average hearing loss on different frequencies (eg. Albera-Beatrice--AB). The purpose of this study was to classify audiograms compatible with chronic acoustic trauma performed at the Occupational Medicine Outpatient Clinic of CTO Hospital in Turin from 2004 to 2011 with the methods outlined in Guidelines published by SIMLII. A substantial agreement among the methods was observed. While MPB is the most appropriate method for secondary prevention, the AB would seem more appropriate for the verification of a permanent weakening that has to be reported to the competent legal authorities.

  1. Statistical Analysis of the Worker Engagement Survey Administered at the Worker Safety and Security Team Festival

    Energy Technology Data Exchange (ETDEWEB)

    Davis, Adam Christopher [Los Alamos National Lab. (LANL), Los Alamos, NM (United States)

    2015-08-25

    The Worker Safety and Security Team (WSST) at Los Alamos National Laboratory holds an annual festival, WSST-fest, to engage workers and inform them about safety- and securityrelated matters. As part of the 2015 WSST-fest, workers were given the opportunity to participate in a survey assessing their engagement in their organizations and work environments. A total of 789 workers participated in the 23-question survey where they were also invited, optionally, to identify themselves, their organization, and to give open-ended feedback. The survey consisted of 23 positive statements (i.e. “My organization is a good place to work.”) with which the respondent could express a level of agreement. The text of these statements are provided in Table 1. The level of agreement corresponds to a 5-level Likert scale ranging from “Strongly Disagree” to “Strongly Agree.” In addition to assessing the overall positivity or negativity of the scores, the results were partitioned into several cohorts based on the response meta-data (self-identification, comments, etc.) to explore trends. Survey respondents were presented with the options to identify themselves, their organizations and to provide comments. These options suggested the following questions about the data set.

  2. Development of Work Verification System for Cooperation between MCR Operators and Field Workers in Nuclear Power Plants

    International Nuclear Information System (INIS)

    Lee, Seung Min; Seong, Poong Hyun; Lee, Hyun Chul

    2014-01-01

    In this work, as an application of digital devices to NPPs, a cooperation support system to aid communication between MCR operators and field workers in Nuclear Power Plants (NPPs), NUclear COoperation Support and MObile document System (Nu-COSMOS), is suggested. It is not easy for MCR operators to estimate whether field workers conduct their work correctly because MCR operators cannot monitor field workers at a real time, and records on paper procedure written by field workers do not contain the detailed information about work process and results. Thus, for safety operation without any events induced by misunderstand and miscommunication between MCR operators and field workers, the Nu-COSMOS is developed and it will be useful from the supporting cooperation point of view. To support the cooperation between MCR operators and field workers in NPPs, the cooperation support and mobile documentation system Nu-COSMOS is suggested in this work. To improve usability and applicability of the suggested system, the results of using existed digital device based support systems were analyzed. Through the analysis, the disincentive elements of using digital device-based developments and the recommendations for developing new mobile based system were derived. Based on derived recommendations, two sub systems, the mobile device based in-formation storing system and the large screen based information sharing system were suggested. The usability of the suggested system will be conducted by a survey with questionnaires. Field workers and operators, and nuclear-related person who had experiences as an operator, graduate students affiliated in nuclear engineering department will use and test the functions of the suggested system. It is expected that the mobile based information storing system can reduce the field workers' work load and enhance the understanding of MCR operators about field operators work process by monitoring all work results and work processes stored in devices

  3. Development of Work Verification System for Cooperation between MCR Operators and Field Workers in Nuclear Power Plants

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Seung Min; Seong, Poong Hyun [Korea Advanced Institute of Science and Technology, Daejeon (Korea, Republic of); Lee, Hyun Chul [Korea Atomic Energy Research Institute, Daejeon (Korea, Republic of)

    2014-05-15

    In this work, as an application of digital devices to NPPs, a cooperation support system to aid communication between MCR operators and field workers in Nuclear Power Plants (NPPs), NUclear COoperation Support and MObile document System (Nu-COSMOS), is suggested. It is not easy for MCR operators to estimate whether field workers conduct their work correctly because MCR operators cannot monitor field workers at a real time, and records on paper procedure written by field workers do not contain the detailed information about work process and results. Thus, for safety operation without any events induced by misunderstand and miscommunication between MCR operators and field workers, the Nu-COSMOS is developed and it will be useful from the supporting cooperation point of view. To support the cooperation between MCR operators and field workers in NPPs, the cooperation support and mobile documentation system Nu-COSMOS is suggested in this work. To improve usability and applicability of the suggested system, the results of using existed digital device based support systems were analyzed. Through the analysis, the disincentive elements of using digital device-based developments and the recommendations for developing new mobile based system were derived. Based on derived recommendations, two sub systems, the mobile device based in-formation storing system and the large screen based information sharing system were suggested. The usability of the suggested system will be conducted by a survey with questionnaires. Field workers and operators, and nuclear-related person who had experiences as an operator, graduate students affiliated in nuclear engineering department will use and test the functions of the suggested system. It is expected that the mobile based information storing system can reduce the field workers' work load and enhance the understanding of MCR operators about field operators work process by monitoring all work results and work processes stored in devices.

  4. A moral history of the evolution of a caste of workers.

    Science.gov (United States)

    Samuels, S W

    1996-01-01

    Using a dialectic method of philosophic inquiry, the actual ethical, legal, and social situation associated with genetic testing of beryllium-exposed workers in Department of Energy nuclear weapons facilities for markers of chronic beryllium disease is described. The cultural evolution of a caste system in a similar situation, and its social and biological implications, among uranium miners in the Erz Gebirge of Central Europe and on the Colorado Plateau of the United States, marked by suicide and lung disease, including cancer, is also described. The historically persistent social disease resulting from these situations. The Masada Syndrome, named from an analogous situation in biblical times, is characterized. Cultural intervention, a necessary condition for the ethical progression of the Human Genome Project, is outlined. PMID:8933047

  5. Playing it Safe: Legal and Clandestine Abortions Among Adolescents in Ethiopia.

    Science.gov (United States)

    Sully, Elizabeth; Dibaba, Yohannes; Fetters, Tamara; Blades, Nakeisha; Bankole, Akinrinola

    2018-06-01

    The 2005 expansion of the Ethiopian abortion law provided minors access to legal abortions, yet little is known about abortion among adolescents. This paper estimates the incidence of legal and clandestine abortions and the severity of abortion-related complications among adolescent and nonadolescent women in Ethiopia in 2014. This paper uses data from three surveys: a Health Facility Survey (n = 822) to collect data on legal abortions and postabortion complications, a Health Professionals Survey (n = 82) to estimate the share of clandestine abortions that resulted in treated complications, and a Prospective Data Survey (n = 5,604) to collect data on abortion care clients. An age-specific variant of the Abortion Incidence Complications Method was used to estimate abortions by age-group. Adolescents have the lowest abortion rate among all women below age 35 (19.6 per 1,000 women). After adjusting for lower levels of sexual activity among adolescents however, we find that adolescents have the highest abortion rate among all age-groups. Adolescents also have the highest proportion (64%) of legal abortions compared with other age-groups. We find no differences in the severity of abortion-related complications between adolescent and nonadolescent women. We find no evidence that adolescents are more likely than older women to have clandestine abortions. However, the higher abortion and pregnancy rates among sexually active adolescents suggest that they face barriers in access to and use of contraceptive services. Further work is needed to address the persistence of clandestine abortions among adolescents in a context where safe and legal abortion is available. Copyright © 2018 The Society for Adolescent Health and Medicine. Published by Elsevier Inc. All rights reserved.

  6. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

  7. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

    Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

  8. Marijuana Legalization: Impact on Physicians and Public Health.

    Science.gov (United States)

    Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

  9. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

    Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.

    2016-01-01

    This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the

  10. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

  11. Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

    Science.gov (United States)

    Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

    2017-01-28

    As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

  12. Legal briefing: home birth and midwifery.

    Science.gov (United States)

    Pope, Thaddeus Mason; Fisch, Deborah

    2013-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

  13. Snow crab allergy and asthma among Greenlandic workers – a pilot study

    Directory of Open Access Journals (Sweden)

    Jakob Hjort Bønløkke

    2012-08-01

    Full Text Available Objectives. To study snow crab sensitization, occupational allergy and asthma in the snow crab industry in Greenland, as high rates have been found in Canada, but no reports have emerged from the same industry in Greenland. Study design. Pilot survey. Methods. Twenty workers (19 of Inuit and 1 of other origin in a snow crab (Chionoecetes opilio and Atlantic shrimp (Pandalus borealis processing plant in Greenland were assessed with skin prick tests (SPTs with common aeroallergens and specific allergens from snow crab and shrimp extracts, spirometry, blood sampling for total IgE and specific IgE determination. Eighteen workers contributed a questionnaire-based medical interview. Results. Positive skin prick test reactions were common to snow crab (40% and shrimp (20%. Specific IgE to snow crab were positive in 4 workers (21%. Two workers had elevated total IgE levels. Symptoms suggestive of asthma were common (45%. Work-related symptoms of skin rash, rhinitis, and/or conjunctivitis were reported by 50%, and symptoms from the lower airways by 39%. Combining history of work-related symptoms with results from specific SPTs and/or specific IgE determination suggested that 11 and 22% of workers suffered from probable and possible occupational asthma, respectively, whereas 22% had possible occupational dermatitis or rhinitis. Conclusions. Greenlander Inuit do not appear to be protected against sensitization to snow crab or shrimp when occupationally exposed to these. This pilot study suggests that occupational allergy and asthma may be as common a problem in Greenlandic workers as in Canadian.

  14. Forced Flexibility and Exploitation: Experiences of Migrant Workers in the Cleaning Industry

    Directory of Open Access Journals (Sweden)

    Natalia Ollus

    2016-03-01

    Full Text Available Globalization has resulted in structural changes in the labor markets over the last decades. These changes have weakened some of the economic and social dimensions of work. At the same time, migration and especially labor migration have increased on the global level. This article looks at the situation of migrant workers in the cleaning industry in Finland. It is based on interviews with migrant workers who have experienced labor exploitation in the cleaning industry, representatives of cleaning industry employers, and representatives of labor unions. The primary aim is to give voice to the migrant workers themselves and to analyze how they experience their work and their position in working life. The findings suggest that there is a risk that migrant workers in the cleaning sector experience various forms of exploitation. This article argues that the demand and need for (employee flexibility may turn into forced flexibility that exploits the powerless and vulnerable migrant workers who have few other options than to agree to work on poor terms. The article suggests that the structural reasons that make the exploitation of migrant labor possible should be identified and addressed in order to prevent misuse of any workers, especially migrants.

  15. Ischaemic heart disease mortality and years of work in trucking industry workers.

    Science.gov (United States)

    Hart, Jaime E; Garshick, Eric; Smith, Thomas J; Davis, Mary E; Laden, Francine

    2013-08-01

    Evidence from general population-based studies and occupational cohorts has identified air pollution from mobile sources as a risk factor for cardiovascular disease. In a cohort of US trucking industry workers, with regular exposure to vehicle exhaust, the authors previously observed elevated standardised mortality ratios for ischaemic heart disease (IHD) compared with members of the general US population. Therefore, the authors examined the association of increasing years of work in jobs with vehicle exhaust exposure and IHD mortality within the cohort. The authors calculated years of work in eight job groups for 30,758 workers using work records from four nationwide companies. Proportional hazard regression was used to examine relationships between IHD mortality, 1985-2000, and employment duration in each job group. HRs for at least 1 year of work in each job were elevated for dockworkers, long haul drivers, pick-up and delivery drivers, combination workers, hostlers, and shop workers. There was a suggestion of an increased risk of IHD mortality with increasing years of work as a long haul driver, pick-up and delivery driver, combination worker, and dockworker. These results suggest an elevated risk of IHD mortality in workers with a previous history of regular exposure to vehicle exhaust.

  16. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

    Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

  17. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

  18. Cultural and legal accounts of rape

    Directory of Open Access Journals (Sweden)

    Fernández Villanueva, Concepción

    2008-11-01

    Full Text Available The present paper attempts to show how rape is represented in a variety of historical and contemporary discourses. Examples of rapes in Greek mythology, in the Bible, in medieval iconography, in literature, and in scientific theories, are compared and contrasted. Analysis suggests that such discourses tend to make sexual aggression (and specifically the rape of women legitimate, be it by minimizing the harm done; by normalizing and naturalizing sexual violence; or by aesthetisizing rape as art. Finally, the paper argues that putting modern legal accounts of rape into their historical perspective brings into sharper focus the persistence of ancient myths and discourses

  19. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  20. A clinical and radiographic study of coir workers.

    Science.gov (United States)

    Uragoda, C G

    1975-02-01

    Processing of coir, which is the fibre obtained from the husk of the coconut, is a dusty procedure; 779 workers in two coir processing factories in Sri Lanka were examined clincally and radiographically for evidence of respiratory disease. Respiratory symptoms were present in 20 (2-6%) of them, which is no higher than in the general population. Respiratory disease such as asthma, chronic bronchitis, byssinosis, and pulmonary tuberculosis which may occur from occupational exposures were considered, but there was no evidence to suggest a definite association between these conditions and coir dust. Twenty-two workers had abnormal chest radiographs, but when compared with a control group of 591 workers from an engineering firm where lesions were found in 20 cases, there was no significant difference. In the opinion of the medical officer, management and workers of the large factory investigated, coir dust does not produce any respiratory disability. The chemical composition of coir dust is similar to that of sisal which is also relatively inert.