WorldWideScience

Sample records for public ethics law

  1. Globalization of public health law and ethics.

    Science.gov (United States)

    Sohn, Myongsei

    2012-09-01

    The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

  2. MEDICAL LAW AND ETHICS

    OpenAIRE

    Sunčica Ivanović; Čedomirka Stanojević; Slađana Jajić; Ana Vila; Svetlana Nikolić

    2013-01-01

    The subject of interest in this article is the importance of knowing and connecting medical ethics and medical law for the category of health workers. The author believes that knowledge of bioethics which as a discipline deals with the study of ethical issues and health care law as a legal discipline, as well as medical activity in general, result in the awareness of health professionals of human rights, and since the performance of activities of health workers is almost always linked...

  3. MEDICAL LAW AND ETHICS

    Directory of Open Access Journals (Sweden)

    Sunčica Ivanović

    2013-09-01

    Full Text Available The subject of interest in this article is the importance of knowing and connecting medical ethics and medical law for the category of health workers. The author believes that knowledge of bioethics which as a discipline deals with the study of ethical issues and health care law as a legal discipline, as well as medical activity in general, result in the awareness of health professionals of human rights, and since the performance of activities of health workers is almost always linked to the question of life and death, then the lack of knowledge of basic legal acts would not be justified at all. The aim of the paper was to present the importance of medical ethics and medical law among the medical staff. A retrospective analysis of the medical literature available on the indexed base KOBSON for the period 2005-2010 was applied. Analysis of all work leads to the conclusion that the balance between ethical principles and knowledge of medical law, trust and cooperation between the two sides that appear over health care can be considered a goal that every health care worker should strive for. This study supports the attitude that lack of knowledge and non-compliance with the ethical principles and medical law when put together can only harm the health care worker. In a way, this is the message to health care professionals that there is a need for the adoption of ethical principles and knowledge of medical law, because the most important position of all health workers is their dedication to the patient as a primary objective and the starting point of ethics.

  4. Teaching medical ethics and law.

    Science.gov (United States)

    Parker, Malcolm

    2012-03-01

    The teaching of medical ethics is not yet characterised by recognised, standard requirements for formal qualifications, training and experience; this is not surprising as the field is still relatively young and maturing. Under the broad issue of the requirements for teaching medical ethics are numerous more specific questions, one of which concerns whether medical ethics can be taught in isolation from considerations of the law, and vice versa. Ethics and law are cognate, though distinguishable, disciplines. In a practical, professional enterprise such as medicine, they cannot and should not be taught as separate subjects. One way of introducing students to the links and tensions between medical ethics and law is to consider the history of law via its natural and positive traditions. This encourages understanding of how medical practice is placed within the contexts of ethics and law in the pluralist societies in which most students will practise. Four examples of topics from medical ethics teaching are described to support this claim. Australasian medical ethics teachers have paid less attention to the role of law in their curricula than their United Kingdom counterparts. Questions like the one addressed here will help inform future deliberations concerning minimal requirements for teaching medical ethics.

  5. ACCOUNTING BETWEEN LAW, ETHICS AND MORALITY

    Directory of Open Access Journals (Sweden)

    Anca-Simona N. HROMEI

    2013-10-01

    Full Text Available This paper deals with the fact that nowadays, society and business, show high expectations regarding the accounting discipline, and therefore professionals in this area should expand their horizons to meet all requirements. First of all, accounting assumed a certain responsibility to the public interest, by its fundamental purpose, namely to provide financial-accounting information, information that will form the basis of decision making. Second of all, for the successful fulfilment of the public responsibilities, accountants must rely on elements of doctrine, ethics, or ethics and morality. The study wants to show the importance of the accounting discipline, which has begun to increasingly focus on the creation of a moral or ethical basis, putting these issues on the same level with respecting the law. The boundary between what is legal but not ethical or moral is very small, and there were many business cases where unethical behaviour led to business failure.

  6. Public Perceptions of Journalists' Ethical Motivations.

    Science.gov (United States)

    Voakes, Paul S.

    1997-01-01

    Finds starkly different conceptions of journalistic ethics, with members of the public believing the journalists' ethics are guided primarily by occupational norms and competitive pressures, whereas journalists themselves cited organizational policies, the relevant law, and their individual reasoning as primary influences on their ethical decision…

  7. Ethics in Online Publications.

    Science.gov (United States)

    Vervaart, Peter

    2014-10-01

    Journals have been publishing the results of scientific investigations since the founding of Philosophical Transactions in 1665. Since then we have witnessed a massive expansion in the number of journals to the point that there are now approximately 28,000 active, peer reviewed journals collectively publishing more than 1.8 million articles per year. Before the mid-1990s, these journals were only available on paper but by the end of the 20th century, most journals had moved to online platforms. Online publication has also served as the impetus for the move to 'open-access' to the information contained in journals. The fact that a publication is 'on-line' and 'open-access' does not negate the responsibility of the author and the publisher to publish in an ethical way. [1] The document produced by the IFCC Ethics Task Force (TF-E) on publication ethics states that 'Ethics in Science at its broadest level encompasses research ethics, medical ethics, publication ethics, conflicts of interest, ethical responsibilities as educator, plus many other areas.' Thus publication ethics is a continuum from the first step of research design through to the information being read by the reader. In general terms 'publication ethics' includes the ethical behaviour of the authors in writing and submitting a scientific manuscript to a publisher for the purpose of publication, thus any discussion of publication ethics must include the role of the authors, referees, publisher and reader and the issues of authorship (and the use of 'ghosts'), plagiarism, duplicate publication (including in different languages), image manipulation (particularly in the era of digitisation), and conflict of interest [2]. To aid the authors, and others involved in the process of publication, a number of resources are now available particularly those from the Committee on Publication Ethics (COPE) [3] and the World Association of Medical Editors (WAME) [4]. More recently the issue of 'publisher ethics' has

  8. Ethics in Ethnobiology Publication

    Directory of Open Access Journals (Sweden)

    James R. Welch

    2012-12-01

    Full Text Available With the recent multiplication of traditional and electronic venues for publishing in ethnobiology, the social sciences, the life sciences, and related fields, it is increasingly important that authors practice self-diligence to ensure that the contents of their publications meet criteria of veracity and ethical soundness. Although the peer-review process encourages high standards, it is an insufficient means for verifying the ethical worthiness of most publications. The ethical merits of published research derive from a cumulative process including formulating a research design, obtaining permissions, collecting and analyzing data, and finally composing and submitting a manuscript. Unfortunately, there is no failsafe ethical gatekeeper at any stage of the process. The importance of ethical publishing is all the more important in the field of ethnobiology, as professionals in the field  often cross the intellectual and methodological boundaries between disciplines, and their research often involves multiple stakeholders in widespread jurisdictions.

  9. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

    The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

  10. Public relations and ethics

    Directory of Open Access Journals (Sweden)

    Bajić Milan

    2010-01-01

    Full Text Available The aim of this paper is the analysis of different forms of PR implementation and research its relation with ethics in practice. 'Public relations' is the every-day term that represents the job that is widely used in all aspects of life and work in today's society. Public relations represent a specific form of communication that has a particular application in society. Public relations involve focusing on a public aspect of organization with the aim of building a positive attitude and image. Image of public relations as a profession is often unfairly negative, and the reason for this is unprofessional and unethical relation of individuals towards their profession. In practice ethics in public relations is often considered to be an oxymoron. Ethical thinking of experts in public relations goes from Biblical attitude 'all you want people to do to you, do even so to them' (Matthew 7:12to professional loyalty to organization they work for. Because of unethical appearance it is important to set the rules, in the form of codex by which the public relations professionals will set their behaviors. .

  11. Ethics in Public Administration

    Directory of Open Access Journals (Sweden)

    MSc. Arjeta Hallunovi

    2014-06-01

    Full Text Available The goal of this study is to deal with some ethical causes in the public administration, that aim the avoidance of negative phenomenon’s as theft, corruption, etc. In this direction, the debates about ethics are becoming more and more a global tendency, as an implement through which would be found the way to get out of the crisis. The success in the reforms of the public administrations in major part depends, on the public functionaries and their willingness to make fundamental changes in the way they work. In this direction, the State should strengthen and modernize the public service, should realize an employment system, which should reflect more the merits on its service. For this reason, the government’s attempts should be concentrated on the construction of a positive image for the state and its administration as professional objective, which is oriented to the services. Being aware for the practical restrictions of this study, we firstly chose to concentrate on the local public administrations ethics. The study will be focused on the practical comparative analysis of the city of Shkodra and Durres by the realization of a questionnaire by each of these municipalities and the Agency of Legalization and Urbanization of Informal Zones (ALUIZNI in Shkodra.

  12. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de

  13. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

    The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de

  14. Morality, ethics, and law: introductory concepts.

    Science.gov (United States)

    Horner, Jennifer

    2003-11-01

    The purpose of this article is to differentiate morality, ethics, and law. Morality refers to a set of deeply held, widely shared, and relatively stable values within a community. Ethics as a philosophical enterprise involves the study of values, and the justification for right and good actions, as represented by the classic works of Aristotle (virtue ethics), Kant (duty-based ethics), and Bentham and Mill (utilitarian and consequentialist ethics). Applied ethics, in contrast, is the use of ethics principles (e.g., respect for autonomy, beneficence, and nonmaleficence, justice) in actual situations, such as in professional and clinical life. Finally, law is comprised of concrete duties established by governments that are necessary for maintaining social order and resolving disputes, as well as for distributing social resources according to what people need or deserve.

  15. Ethical Wills – a Continental Law Perspective

    Directory of Open Access Journals (Sweden)

    Frederik Swennen

    2014-04-01

    Full Text Available Ethical wills are testaments, or planning instruments mortis causa alike, that contain provisions regarding the deceased’s (non-economic values rather than his (economic valuables. The authors define and analyse the substance and form of ethical wills from a comparative Continental law perspective, drawing on Belgian, Dutch, French and German law. The focus primarily is on charges or conditions in restraint or constraint of (non- denominational or family choices by testamentary beneficiaries; and in this context it is contended that both the doctrine of public policy (“ordre public” and the horizontal application of the ECHR extensively restrict testamentary freedom. Nevertheless, the analogous application of estate planning techniques increasingly allows benevolent testators to plan their ethical legacy. Los testamentos éticos son testamentos, similares a instrumentos de planificación mortis causa, que contienen disposiciones relativas a los valores (no económicos del difunto, en lugar de sus objetos de valor (económico. Los autores definen y analizan el contenido y la forma de los testamentos éticos desde una perspectiva comparativa de derecho continental, basada en la legislación belga, holandesa, francesa y alemana. Se centra principalmente en los cargos o las condiciones de restricción o limitación de las opciones (aconfesionales o familiares de los herederos; y en este contexto se afirma que tanto la doctrina de política pública ("ordre public" como la aplicación horizontal del Tribunal Europeo de Derechos Humanos, restringen ampliamente la libertad testamentaria. Sin embargo, la aplicación análoga de técnicas de planificación y gestión patrimonial y sucesoria, permite cada vez más a los testadores de últimas voluntades planificar su legado ético.

  16. Scientific Publication Ethics

    Directory of Open Access Journals (Sweden)

    Osman İnci

    2015-06-01

    Full Text Available Science based on consciousness of responsibility and principles of trust puts academics under an obligation to act according to the values and principles, ethical attitudes and standards of behaviour. A quest for perfectness, to observe truth and show respect for the dignity and value of each individual should be a fundamental principle. In this context, academic freedom and autonomy, academic integrity,  responsibility and accountabily, respect for others, the protection of the fundamental rights and competence are among the core values of academic merit. Science is not possible without ethics. Protection of academic value is essential for an academic publication. It is also fundamental that academics should not behave contrary to the ethics values. It is assumed that academic studies are conducted honestly, based on true foundations, that the research data are collected according to the correct methods, accurate statistics are used and results are reported accordingly. It is also assumed that professional standards are carried out in software presentation and share of results. The exceptional methods in academical publications should be classified as those carried out intentionally, aiming to mislead the related studies and the others to be distinguished from the ones carried out by some ignorances and various innocent facts. The most serious infraction of the ethical rules and standards is the ‘academic misappropriation’. Among all, the most crucial one is the academic plagiarism, which is transferring the production of some other person under one’s own name or stealing away the work of other persons. Creating some not-existing data and results, and fabrication is inventing some information just by sitting at the table. Changing the datas and results without scientific reasoning, and falsification is accepted as another and the third kind of misappropriation (FTP. Their most important difference from the other kinds is

  17. Law and ethics in conflict over confidentiality?

    Science.gov (United States)

    Dickens, B M; Cook, R J

    2000-09-01

    Ethical principles that require the preservation of patients' confidential information are reinforced by principles found in several areas of law, such as law on contracts, negligence, defamation and fiduciary duty. However, laws sometimes compel disclosures of medical confidences, and more often may justify or excuse disclosures. Legally contentious issues concern patients' confidences regarding possible unlawful conduct, such as pregnancy termination, and the risk of spread of HIV and other infections. This article reviews the various legal bases of the duty of confidentiality, and legal challenges to the ethical obligation of non-disclosure. It addresses the justifications and limits of exchange of patients' health information among healthcare professionals and trainees, and considers legally recognized limits of confidential duties, and the scope of legitimate disclosure. An underlying theme is how to determine whether physicians are ethically justified in employing the discretion the law sometimes affords them to breach patients' expectations of confidentiality.

  18. Bio-ethical principles of medical law with an emphasis on the law of Iran

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Mahdavi Sabet

    2016-12-01

    Full Text Available There has been many talks about the necessity of ethics in all affairs, especially medical affairs which deal with the lives of individuals and the society expects Medical Group to be abide by morals more than laws. This matter indicates on the fact that the society considers ethics as a stronger enforcement of the law and deplores a doctor who has ignored ethics in the medical profession. Thus, they blamed the doctor from ethical aspect more than deploring him from a legal aspect (civil or criminal liability. The legislator is also influenced by public in anticipation of responsibility (both criminal and civil for doctors and imposes legal rules on this basis. The concept of this article has an extremely close relationship with three concepts of morality, professional ethics and law. Initially first two concepts will be defined and separated and then the relation between professional ethics and medical laws will be expressed. Then, the relation between two concepts of medical ethics and bioethics ethics will be evaluated. Two religion or secularism basis have been taken for medical rights and strengths and weaknesses of each are discussed and the approach of the Iranian legal system will also be mentioned with evaluation of controversial medical samples.

  19. The ethical plausibility of the 'Right To Try' laws.

    Science.gov (United States)

    Carrieri, D; Peccatori, F A; Boniolo, G

    2018-02-01

    'Right To Try' (RTT) laws originated in the USA to allow terminally ill patients to request access to early stage experimental medical products directly from the producer, removing the oversight and approval of the Food and Drug Administration. These laws have received significant media attention and almost equally unanimous criticism by the bioethics, clinical and scientific communities. They touch indeed on complex issues such as the conflict between individual and public interest, and the public understanding of medical research and its regulation. The increased awareness around RTT laws means that healthcare providers directly involved in the management of patients with life-threatening conditions such as cancer, infective, or neurologic conditions will deal more frequently with patients' requests of access to experimental medical products. This paper aims to assess the ethical plausibility of the RTT laws, and to suggest some possible ethical tools and considerations to address the main issues they touch. Copyright © 2017 Elsevier B.V. All rights reserved.

  20. Ethics and public integrity in space exploration

    Science.gov (United States)

    Greenstone, Adam F.

    2018-02-01

    This paper discusses the National Aeronautics and Space Administration's (NASA) work to support ethics and public integrity in human space exploration. Enterprise Risk Management (ERM) to protect an organization's reputation has become widespread in the private sector. Government ethics law and practice is integral to a government entity's ERM by managing public sector reputational risk. This activity has also increased on the international plane, as seen by the growth of ethics offices in UN organizations and public international financial institutions. Included in this area are assessments to ensure that public office is not used for private gain, and that external entities are not given inappropriate preferential treatment. NASA has applied rules supporting these precepts to its crew since NASA's inception. The increased focus on public sector ethics principles for human activity in space is important because of the international character of contemporary space exploration. This was anticipated by the 1998 Intergovernmental Agreement for the International Space Station (ISS), which requires a Code of Conduct for the Space Station Crew. Negotiations among the ISS Partners established agreed-upon ethics principles, now codified for the United States in regulations at 14 C.F.R. § 1214.403. Understanding these ethics precepts in an international context requires cross-cultural dialogue. Given NASA's long spaceflight experience, a valuable part of this dialogue is understanding NASA's implementation of these requirements. Accordingly, this paper will explain how NASA addresses these and related issues, including for human spaceflight and crew, as well as the development of U.S. Government ethics law which NASA follows as a U.S. federal agency. Interpreting how the U.S. experience relates constructively to international application involves parsing out which dimensions relate to government ethics requirements that the international partners have integrated into the

  1. Feminism and public health ethics.

    Science.gov (United States)

    Rogers, W A

    2006-06-01

    This paper sketches an account of public health ethics drawing upon established scholarship in feminist ethics. Health inequities are one of the central problems in public health ethics; a feminist approach leads us to examine not only the connections between gender, disadvantage, and health, but also the distribution of power in the processes of public health, from policy making through to programme delivery. The complexity of public health demands investigation using multiple perspectives and an attention to detail that is capable of identifying the health issues that are important to women, and investigating ways to address these issues. Finally, a feminist account of public health ethics embraces rather than avoids the inescapable political dimensions of public health.

  2. Law, science and technology. The nuclear option, ethics and law

    International Nuclear Information System (INIS)

    1996-01-01

    Technological innovations in the field of nuclear energy, as well as the diversity of applications using ionizing radiations contribute to the necessity of implementation of legislation and laws. This conference will give some ideas on political, ethical and legal aspects as far as nuclear energy development is concerned. Separate abstract were prepared for all the papers in this volume. (TEC)

  3. [Public health, genetics and ethics].

    Science.gov (United States)

    Kottow, Miguel H

    2002-10-01

    Genetics research has shown enormous developments in recent decades, although as yet with only limited clinical application. Bioethical analysis has been unable to deal with the vast problems of genetics because emphasis has been put on the principlism applied to both clinical and research bioethics. Genetics nevertheless poses its most complex moral dilemmas at the public level, where a social brand of ethics ought to supersede the essentially interpersonal perspective of principlism. A more social understanding of ethics in genetics is required to unravel issues such as research and clinical explorations, ownership and patents, genetic manipulation, and allocation of resources. All these issues require reflection based on the requirements of citizenry, consideration of common assets, and definition of public policies in regulating genetic endeavors and protecting the society as a whole Bioethics has privileged the approach to individual ethical issues derived from genetic intervention, thereby neglecting the more salient aspects of genetics and social ethics.

  4. General editorial on publication ethics

    Indian Academy of Sciences (India)

    General editorial on publication ethics. DOI: 10.1007/s12043-014-0923-2; ePublication: The scientific research and publishing communities the world over are by now well aware that over the past few decades, instances of scientific misconduct seem to be on the rise. These are consequences of the increasing pressures to ...

  5. Ethical dilemmas in journal publication.

    Science.gov (United States)

    Babalola, Olubukola; Grant-Kels, Jane M; Parish, Lawrence Charles

    2012-01-01

    Physicians often face tremendous pressures and incentives to publish, sometimes leading to a compromise of ethical standards, either consciously or unconsciously. From the vantage of ethical authorship, we discuss what constitutes authorship; avoidance of ghost authorship; plagiarism, as well as self-plagiarism and duplicate publication; falsification; and fabrication. Editors also face ethical challenges, including how best to manage peer-review bias, to address reviewer tardiness, and to locate reviewers with appropriate expertise and professionalism. Editors need to deal with authors who fragment their work into multiple publications to enhance their curriculum vitae ("salami factor"), as well as to manage the financial benefits of advertising and to avoid conflicts of interest for the journal. Both authors and editors should be straightforward and principled throughout the publication process. Copyright © 2012 Elsevier Inc. All rights reserved.

  6. Public health ethics theory: review and path to convergence.

    Science.gov (United States)

    Lee, Lisa M

    2012-01-01

    Public health ethics is a nascent field, emerging over the past decade as an applied field merging concepts of clinical and research ethics. Because the "patient" in public health is the population rather than the individual, existing principles might be weighted differently, or there might be different ethical principles to consider. This paper reviewed the evolution of public health ethics, the use of bioethics as its model, and the proposed frameworks for public health ethics through 2010. Review of 13 major public health ethics frameworks published over the past 15 years yields a wide variety of theoretical approaches, some similar foundational values, and a few similar operating principles. Coming to a consensus on the reach, purpose, and ends of public health is necessary if we are to agree on what ethical underpinnings drive us, what foundational values bring us to these underpinnings, and what operating principles practitioners must implement to make ethical decisions. If public health is distinct enough from clinical medicine to warrant its own set of ethical and philosophical underpinnings, then a decision must be made as to whether a single approach is warranted or we can tolerate a variety of equal but different perspectives. © 2012 American Society of Law, Medicine & Ethics, Inc.

  7. General Editorial on Publication Ethics

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 19; Issue 1. General Editorial on Publication Ethics. R Ramaswamy. General Editorial Volume 19 Issue 1 January 2014 pp 1-2. Fulltext. Click here to view fulltext PDF. Permanent link: https://www.ias.ac.in/article/fulltext/reso/019/01/0001-0002 ...

  8. General editorial on publication ethics

    Indian Academy of Sciences (India)

    General editorial on publication ethics. The scientific research and ... The Indian Academy of Sciences takes a very serious view of all forms of scientific misconduct, and especially of pla- ... The Academy reserves the right to bring such instances to the attention of the author's employers and funding agencies, and also to ...

  9. Personalism for public health ethics

    Directory of Open Access Journals (Sweden)

    Carlo Petrini

    2010-06-01

    Full Text Available In public health ethics, as in bioethics, utilitarian approaches usually prevail, followed by Kantian and communitarian foundations. If one considers the nature and core functions of public health, which are focused on a population perspective, utilitarianism seems still more applicable to public health ethics. Nevertheless, faulting additional protections towards the human person, utilitarianism doesn't offer appropriate solutions when conflicts among values do arise. Further criteria must be applied to protect the fundamental principles of respect for human life. Personalism offers similar advantages to utilitarianism but warrants more protection to the human person. We suggest a possible adaptation of personalism in the specific field of public health by means of four principles: absolute respect for life or principle of inviolability; subsidiarity and the "minimum" mandatory principle; solidarity; justice and non discrimination.

  10. Personalism for public health ethics.

    Science.gov (United States)

    Petrini, Carlo; Gainotti, Sabina; Requena, Pablo

    2010-01-01

    In public health ethics, as in bioethics, utilitarian approaches usually prevail, followed by Kantian and communitarian foundations. If one considers the nature and core functions of public health, which are focused on a population perspective, utilitarianism seems still more applicable to public health ethics. Nevertheless, faulting additional protections towards the human person, utilitarianism doesn't offer appropriate solutions when conflicts among values do arise. Further criteria must be applied to protect the fundamental principles of respect for human life. Personalism offers similar advantages to utilitarianism but warrants more protection to the human person. We suggest a possible adaptation of personalism in the specific field of public health by means of four principles: absolute respect for life or principle of inviolability; subsidiarity and the "minimum" mandatory principle; solidarity; justice and non discrimination.

  11. A Critique of the Notions of Law and Ethics as Regulatory Systems ...

    African Journals Online (AJOL)

    While ethics as a system of moral values recommends what ought to be done or avoided, ...... principles of informed consent and professional communication which provide conditions for a .... Mass Media and Public Morality. Tale Law Journal.

  12. Publication ethics in public health emergencies.

    Science.gov (United States)

    Shaw, David; Elger, Bernice S

    2017-09-01

    In this article, we describe and analyse three issues in publication ethics that are raised when conducting research in emergencies and disasters. These include reluctance to share data and samples because of concerns about publications, loss of individual authorship in high high-profile multi-entity publications, and the deaths of authors during dangerous research projects. An emergency research pledge may be useful in avoiding some of these issues. © The Author 2016. Published by Oxford University Press on behalf of Faculty of Public Health. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  13. Teaching Ethics across the Public Relations Curriculum.

    Science.gov (United States)

    Hutchison, Liese L.

    2002-01-01

    Suggests ways of incorporating ethics across the undergraduate public relations curriculum. Reviews current coverage of ethics in public relations principles, writing, cases, and textbooks. Suggests other methods that teachers can use to incorporate ethical pedagogical tools in all public relations courses in an effort to develop students' ethical…

  14. Transnational Law of Public Contracts

    NARCIS (Netherlands)

    Audit, M.; Schill, S.W.

    2016-01-01

    Public contracts were traditionally conceived as instruments of domestic public law and used within markets confined to the territory of the state party to the contract. Globalization, however, subjects public contracting to an increasing number of processes that take place at a transnational level

  15. Liberalism and Public Health Ethics.

    Science.gov (United States)

    Rajczi, Alex

    2016-02-01

    Many public health dilemmas involve a tension between the promotion of health and the rights of individuals. This article suggests that we should resolve the tension using our familiar liberal principles of government. The article considers the common objections that (i) liberalism is incompatible with standard public health interventions such as anti-smoking measures or intervention in food markets; (2) there are special reasons for hard paternalism in public health; and (3) liberalism is incompatible with proper protection of the community good. The article argues that we should examine these critiques in a larger methodological framework by first acknowledging that the right theory of public health ethics is the one we arrive at in reflective equilibrium. Once we examine the arguments for and against liberalism in that light, we can see the weaknesses in the objections and the strength of the case for liberalism in public health. © 2015 John Wiley & Sons Ltd.

  16. Business and Law Respondents: What Is Ethical Behavior?

    Science.gov (United States)

    Stevens, George E.

    1993-01-01

    In a survey of 97 business managers, 141 business students, 46 attorneys, and 98 law students, all groups were consistent in rating their own and peers' ethical beliefs; they perceived peers to have lower ethical values and were aware of competitive market pressures. The idea that new workplace entrants represent a new wave of ethical values was…

  17. The incorporation of public international law into municipal law and ...

    African Journals Online (AJOL)

    Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

  18. Computer ethics and cyber laws to mental health professionals.

    Science.gov (United States)

    Raveesh, B N; Pande, Sanjay

    2004-04-01

    The explosive growth of computer and communications technology raises new legal and ethical challenges that reflect tensions between individual rights and societal needs. For instance, should cracking into a computer system be viewed as a petty prank, as trespassing, as theft, or as espionage? Should placing copyrighted material onto a public file server be treated as freedom of expression or as theft? Should ordinary communications be encrypted using codes that make it impossible for law-enforcement agencies to perform wiretaps? As we develop shared understandings and norms of behaviour, we are setting standards that will govern the information society for decades to come.

  19. Ethics Simulations as Preparation for Public Discourse

    Science.gov (United States)

    Hamilton, James P.; Mueller, Alfred G.

    2010-01-01

    Courses: Fundamentals of public speaking, basic hybrid course, introduction to communication, introduction to journalism, introduction to advertising, and any other course that includes components of communication ethics. Objective: Students will understand the fundamental elements of communication ethics.

  20. Regulating professional behavior: codes of ethics or law? Suggested criteria.

    Science.gov (United States)

    Libman, Liron A

    2013-09-01

    This paper suggests considering a few parameters when making policy decisions as to the proper "tool" to regulate professional behavior: law or professional ethics. This is done on the background of understanding the place of codes of professional ethics between "pure" ethics and law. Suggested criteria are then illustrated using a few examples. Further discourse may reveal additional factors to support a more rational process of decision-making in this field.

  1. Ethics in Public Administration: Evidence from Slovenia

    OpenAIRE

    Zlatko NEDELKO; Vojko POTOCAN

    2013-01-01

    The main purpose of this paper is to examine how employees’ personal ethics, expressed through their personal values and attitudes toward social and environmental issues, are associated with the ethics of organizations in public administration. The authors introduce their own theoretical model that examines the relations between employees’ personal ethics – expressed through employees’ personal values and attitudes toward natural and social environments – and the ethics of public administrati...

  2. Natural Law and Discursive Ethics. Natural law in Thomas Aquinas as a grammar of moral discourse

    Directory of Open Access Journals (Sweden)

    Luis Fernando Barzotto

    2010-12-01

    Full Text Available The present article is an attempt to make the Thomist ethics of the natural law intelligible to a supporter of Apel and Harbermas’s discourse ethics. In order to do so, it presents Aquinas’s theory of natural law as the moral discourse’s grammar. This ‘translation’ of Thomist ethics into contemporary terminology aims at establishing a dialogue with those who uphold discourse ethics by advancing the thesis that, Thomist ethics is superior to discourse ethics in performing the function of controlling the sense of propositions that belong to the moral discourse.

  3. Ethics of reviewing scientific publications.

    Science.gov (United States)

    Napolitani, Federica; Petrini, Carlo; Garattini, Silvio

    2017-05-01

    The approval or rejection of scientific publications can have important consequences for scientific knowledge, so considerable responsibility lies on those who have to assess or review them. Today it seems that the peer review process, far from being considered an outdated system to be abandoned, is experiencing a new upturn. This article proposes criteria for the conduct of reviewers and of those who select them. While commenting on new emerging models, it provides practical recommendations for improving the peer-review system, like strengthening the role of guidelines and training and supporting reviewers. The process of peer review is changing, it is getting more open and collaborative, but those same ethical principles which guided it from its very origin should remain untouched and be firmly consolidated. The paper highlights how the ethics of reviewing scientific publications is needed now more than ever, in particular with regard to competence, conflict of interest, willingness to discuss decisions, complete transparency and integrity. Copyright © 2016 European Federation of Internal Medicine. Published by Elsevier B.V. All rights reserved.

  4. Euthanasia, virtue ethics and the law.

    Science.gov (United States)

    van Zyl, Liezl

    2002-02-01

    Following the recent revival of virtue ethics, a number of ethicists have discussed the moral problems surrounding euthanasia by drawing on concepts such as compassion, benevolence, death with dignity, mercy, and by inquiring whether euthanasia is compatible with human flourishing. Most of these writers assert, or simply assume, that their arguments concerning the morality of euthanasia also support their views with regard to legislation. I argue, against these writers, that legislation cannot and should not be based on our moral and religious beliefs concerning whether euthanasia allows a person to die a good death. I then outline an Aristotelian approach to the role of law and government in a good society, according to which the task of the legislator is not to ensure that people actually act virtuously, but is instead to make it possible for them to choose to live (and die) well by ensuring that they have access to the goods that are necessary for flourishing. In the second half of the paper I apply this approach to the question of whether voluntary active euthanasia should be legalised by asking (1) whether euthanasia always deprives people of the necessary conditions for flourishing, and (2) whether the option to request euthanasia is ever necessary for flourishing.

  5. ETHICAL DILEMMAS IN THE PUBLIC SECTOR

    Directory of Open Access Journals (Sweden)

    Silvia PUIU

    2015-06-01

    Full Text Available The article offers an insight on the ethical dilemmas specific to a public sector and brings some suggestions for coping with these. Ethics management is a complex system that deals also with ethical dilemmas. The instruments and tools of ethics management are helpful in dealing with these issues. There are a lot of cases in which public employees do not know what to do or how to react in a certain situation, so, a debate on this subject is very useful for people working in public institutions.

  6. Public health nursing, ethics and human rights.

    Science.gov (United States)

    Ivanov, Luba L; Oden, Tami L

    2013-05-01

    Public health nursing has a code of ethics that guides practice. This includes the American Nurses Association Code of Ethics for Nurses, Principles of the Ethical Practice of Public Health, and the Scope and Standards of Public Health Nursing. Human rights and Rights-based care in public health nursing practice are relatively new. They reflect human rights principles as outlined in the Universal Declaration of Human Rights and applied to public health practice. As our health care system is restructured and there are new advances in technology and genetics, a focus on providing care that is ethical and respects human rights is needed. Public health nurses can be in the forefront of providing care that reflects an ethical base and a rights-based approach to practice with populations. © 2013 Wiley Periodicals, Inc.

  7. How Many Principles for Public Health Ethics?

    OpenAIRE

    Coughlin, Steven S.

    2008-01-01

    General moral (ethical) principles play a prominent role in certain methods of moral reasoning and ethical decision-making in bioethics and public health. Examples include the principles of respect for autonomy, beneficence, nonmaleficence, and justice. Some accounts of ethics in public health have pointed to additional principles related to social and environmental concerns, such as the precautionary principle and principles of solidarity or social cohesion. This article provides an overview...

  8. Ethics Requirement Score: new tool for evaluating ethics in publications.

    Science.gov (United States)

    Santos, Lígia Gabrielle dos; Costa e Fonseca, Ana Carolina da; Bica, Claudia Giuliano

    2014-01-01

    To analyze ethical standards considered by health-related scientific journals, and to prepare the Ethics Requirement Score, a bibliometric index to be applied to scientific healthcare journals in order to evaluate criteria for ethics in scientific publication. Journals related to healthcare selected by the Journal of Citation Reports™ 2010 database were considered as experimental units. Parameters related to publication ethics were analyzed for each journal. These parameters were acquired by analyzing the author's guidelines or instructions in each journal website. The parameters considered were approval by an Internal Review Board, Declaration of Helsinki or Resolution 196/96, recommendations on plagiarism, need for application of Informed Consent Forms with the volunteers, declaration of confidentiality of patients, record in the database for clinical trials (if applicable), conflict of interest disclosure, and funding sources statement. Each item was analyzed considering their presence or absence. The foreign journals had a significantly higher Impact Factor than the Brazilian journals, however, no significant results were observed in relation to the Ethics Requirement Score. There was no correlation between the Ethics Requirement Score and the Impact Factor. Although the Impact Factor of foreigner journals was considerably higher than that of the Brazilian publications, the results showed that the Impact Factor has no correlation with the proposed score. This allows us to state that the ethical requirements for publication in biomedical journals are not related to the comprehensiveness or scope of the journal.

  9. Ethics Requirement Score: new tool for evaluating ethics in publications

    Science.gov (United States)

    dos Santos, Lígia Gabrielle; Fonseca, Ana Carolina da Costa e; Bica, Claudia Giuliano

    2014-01-01

    Objective To analyze ethical standards considered by health-related scientific journals, and to prepare the Ethics Requirement Score, a bibliometric index to be applied to scientific healthcare journals in order to evaluate criteria for ethics in scientific publication. Methods Journals related to healthcare selected by the Journal of Citation Reports™ 2010 database were considered as experimental units. Parameters related to publication ethics were analyzed for each journal. These parameters were acquired by analyzing the author’s guidelines or instructions in each journal website. The parameters considered were approval by an Internal Review Board, Declaration of Helsinki or Resolution 196/96, recommendations on plagiarism, need for application of Informed Consent Forms with the volunteers, declaration of confidentiality of patients, record in the database for clinical trials (if applicable), conflict of interest disclosure, and funding sources statement. Each item was analyzed considering their presence or absence. Result The foreign journals had a significantly higher Impact Factor than the Brazilian journals, however, no significant results were observed in relation to the Ethics Requirement Score. There was no correlation between the Ethics Requirement Score and the Impact Factor. Conclusion Although the Impact Factor of foreigner journals was considerably higher than that of the Brazilian publications, the results showed that the Impact Factor has no correlation with the proposed score. This allows us to state that the ethical requirements for publication in biomedical journals are not related to the comprehensiveness or scope of the journal. PMID:25628189

  10. Codes of professional responsibility for lawyers: ethics or law?

    Science.gov (United States)

    Lawry, R P

    1984-01-01

    The American Bar Association has three times in this century produced a code of ethics for lawyers. The movement has clearly been from a general, hortatory format to one of a statement of principles of law. In the ABA's latest effort, the problems of client confidentiality loom as the most serious and most difficult to solve. The question of ethics versus law weighs heavily in this context, and the ABA's latest resolutions of the confidentiality problems are found to be unsatisfactory.

  11. Journalism Ethics: There Is a Difference between Law and Ethics.

    Science.gov (United States)

    Hossom, Kathy

    1998-01-01

    Covers a session from the recent meetings of the Indiana High School Press Association (IHSPA). States that students discussed ethical decisions they face in their yearbooks and newspapers, such as handling death. Finds the biggest concern is "really covering the good and bad things in the school." Gives IHSPA's 10-point Code of Ethics.…

  12. Medical Ethics Today. The BMA's Handbook of Ethics and Law

    African Journals Online (AJOL)

    ethics is and leads into a framework of good ethical practice in healthcare. This section also briefly explains the theories and principles pertinent to the practice of healthcare and assists ... patient re la tionship, types of relationships in modern medicine, ... be applied in any country and the legal guidance is particularly.

  13. 24 CFR 4.36 - Action by the Ethics Law Division.

    Science.gov (United States)

    2010-04-01

    ... violation is material, the Ethics Law Division shall consider the following factors, as applicable: (1) The... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Action by the Ethics Law Division... the Ethics Law Division. (a) After review of the Inspector General's report, the Ethics Law Division...

  14. Considering virtue: public health and clinical ethics.

    Science.gov (United States)

    Meagher, Karen M

    2011-10-01

    As bioethicists increasingly turn their attention to the profession of public health, many candidate frameworks have been proposed, often with an eye toward articulating the values and foundational concepts that distinguish this practice from curative clinical medicine. First, I will argue that while these suggestions for a distinct ethics of public health are promising, they arise from problems within contemporary bioethics that must be taken into account. Without such cognizance of the impetus for public health ethics, we risk developing a set of ethical resources meant exclusively for public health professionals, thereby neglecting implications for curative medical ethics and the practice of bioethics more broadly. Second, I will present reasons for thinking some of the critiques of dominant contemporary bioethics can be met by a virtue ethics approach. I present a virtue ethics response to criticisms that concern (1) increased rigor in bioethics discourse; (2) the ability of normative theory to accommodate context; and (3) explicit attention to the nature of ethical conflict. I conclude that a virtue ethics approach is a viable avenue for further inquiry, one that leads us away from developing ethics of public health in a vacuum and has the potential for overcoming certain pitfalls of contemporary bioethics discourse. © 2011 Blackwell Publishing Ltd.

  15. The ethics of international animal law

    OpenAIRE

    Kivinen, Tero

    2014-01-01

    This thesis analyzes international animal law, understood broadly as any international legal regulation pertaining to animals. The purpose of the thesis is to explain the moral implications of this branch of international law: how the law perceives the animal and how it believes animals ought to be treated. It attempts to do so by contrasting the law with moral philosophy pertaining to the status and treatment of animals as well as the core characteristics of the branch of animal law found in...

  16. Ethics in Public Administration: Evidence from Slovenia

    Directory of Open Access Journals (Sweden)

    Zlatko NEDELKO

    2013-12-01

    Full Text Available The main purpose of this paper is to examine how employees’ personal ethics, expressed through their personal values and attitudes toward social and environmental issues, are associated with the ethics of organizations in public administration. The authors introduce their own theoretical model that examines the relations between employees’ personal ethics – expressed through employees’ personal values and attitudes toward natural and social environments – and the ethics of public administration. The reported study examined these relations and tested a proposed model based on the answers of 212 employees from public administration organizations in Slovenia. Employees’ attitudes toward natural and social environments and the ethics of their organizations were measured using a questionnaire designed to measure aspects of ethics whereas personal values were measured using the Schwartz value survey. The results demonstrated that employees’ self-enhancing values significantly influence their attitudes toward the natural environment. Employees’ self-transcendence and self-enhancement values significantly influence their attitudes toward the social environment and the ethics of organizations. In addition, research results about the mediation effect of employees’ attitudes toward natural and social environments on the association between the employees’ personal values and their perception of the ethics of public administration organizations reveals that employees’ social attitudes have a significant impact on the ethics of public administration while the impact of self-transcending and self-enhancing values becomes insignificant. Based on results of testing our model we can conclude that the employee’s attitudes toward to the social environment represent a significantly more powerful predictor of ethics in public administration organizations than the employees’ personal values. These results present a solid basis for further

  17. How Many Principles for Public Health Ethics?

    Science.gov (United States)

    Coughlin, Steven S.

    2009-01-01

    General moral (ethical) principles play a prominent role in certain methods of moral reasoning and ethical decision-making in bioethics and public health. Examples include the principles of respect for autonomy, beneficence, nonmaleficence, and justice. Some accounts of ethics in public health have pointed to additional principles related to social and environmental concerns, such as the precautionary principle and principles of solidarity or social cohesion. This article provides an overview of principle-based methods of moral reasoning as they apply to public health ethics including a summary of advantages and disadvantages of methods of moral reasoning that rely upon general principles of moral reasoning. Drawing upon the literature on public health ethics, examples are provided of additional principles, obligations, and rules that may be useful for analyzing complex ethical issues in public health. A framework is outlined that takes into consideration the interplay of ethical principles and rules at individual, community, national, and global levels. Concepts such as the precautionary principle and solidarity are shown to be useful to public health ethics to the extent that they can be shown to provide worthwhile guidance and information above and beyond principles of beneficence, nonmaleficence, and justice, and the clusters of rules and maxims that are linked to these moral principles. Future directions likely to be productive include further work on areas of public health ethics such as public trust, community empowerment, the rights of individuals who are targeted (or not targeted) by public health interventions, individual and community resilience and wellbeing, and further clarification of principles, obligations, and rules in public health disciplines such as environmental science, prevention and control of chronic and infectious diseases, genomics, and global health. PMID:20072707

  18. Getting public health ethics into practice

    NARCIS (Netherlands)

    Maeckelberghe, Els

    2015-01-01

    Background Ethics is the philosophical discipline that advises on decision making criteria when difficult choices are to be made. Research has shown over the last years that public health researchers and practitioners ‘must confront numerous ethical choices' but they ‘often feel ill-prepared to make

  19. Migration: a core public health ethics issue.

    Science.gov (United States)

    Wild, V; Dawson, A

    2018-05-01

    In this article, we outline the link between migration, public health and ethics. Discussing relevant arguments about migration from the perspective of public health and public health ethics. Critical review of theories and frameworks, case-based analysis and systematic identification and discussion of challenges. Migration is a core issue of public health ethics and must take a case-based approach: seeking to identify the specific ethical dimensions and vulnerabilities in each particular context. Public health as a practice, built upon the core value of justice, requires the protection and promotion of migrants' well-being (even if this produces tension with immigration services). Ethical analysis should take all phases of migration into account: before, during and after transit. We argue that migration policies, at least as they relate to migrants' well-being, should be founded upon a shared humanity, respect for human rights and on the idea that effective public health cannot and should not be confined within the borders and to the citizens of any host country. We make the case for migration to be seen as a core issue of public health ethics. Copyright © 2018 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  20. Minimum Age of Sale for Tobacco Products and Electronic Cigarettes: Ethical Acceptability of US "Tobacco 21 Laws".

    Science.gov (United States)

    Morain, Stephanie Rubino; Malek, Janet

    2017-09-01

    Several US jurisdictions have recently passed laws that raise the minimum age of sale for tobacco products and electronic cigarettes to 21 years (Tobacco 21 laws). Although these laws have been demonstrated to be an effective means to reduce youth smoking initiation, their passage and potential expansion have provoked controversy. Critics have objected to these laws, claiming that they unduly intrude on individual freedom and that they irrationally and paternalistically restrict the freedom of those aged 18 to 20 years, who were previously able to legally purchase tobacco products. We have examined the ethical acceptability of Tobacco 21 laws. First, we have described ethical support for such a restriction grounded in its public health benefit. We have then offered arguments that raise doubts about the soundness of critics' objections to these regulations and described an additional ethical justification arising from concern about preventing harm to others. On the basis of this analysis, we conclude that Tobacco 21 laws are ethically justifiable.

  1. An Analysis of Ethics Laws, Compliance with Ethical Standards, and Ethical Core Competency within the Department of the Army

    Science.gov (United States)

    2016-06-15

    laws and ethical principles above private gain. (2) Employees shall not hold financial interests that conflict with the conscientious...applying ethical principles to decision-making. We analyze the DA ethics training courses, policies, and procedures. The project explores the...leveraging the Enterprises buying power to obtain goods and services more efficiently. Ms. Lyons earned her Bachelor of Science degree in Accounting in

  2. International health law : an emerging field of public international law

    NARCIS (Netherlands)

    Toebes, Brigit

    This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

  3. Nuclear law and public acceptance

    International Nuclear Information System (INIS)

    Muguet, Tania Mara F.

    2009-01-01

    After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

  4. Nuclear law and public acceptance

    Energy Technology Data Exchange (ETDEWEB)

    Muguet, Tania Mara F. [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil). Coordenacao Geral de Assuntos Internacionais], e-mail: tmuguet@cnen.gov.br

    2009-07-01

    After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

  5. ESHRE Task Force on Ethics and Law 10: surrogacy.

    Science.gov (United States)

    Shenfield, F; Pennings, G; Cohen, J; Devroey, P; de Wert, G; Tarlatzis, B

    2005-10-01

    This 10th statement of the Task Force on Ethics and Law considers ethical questions specific to varied surrogacy arrangements. Surrogacy is especially complex as the interests of the intended parents, the surrogate, and the future child may differ. It is concluded that surrogacy is an acceptable method of assisted reproductive technology of the last resort for specific medical indications, for which only reimbursement of reasonable expenses is allowed.

  6. [Ethics and laws related to human subject research].

    Science.gov (United States)

    Chiu, Hui-Ju; Lee, Ya-Ling; Chang, Su-Fen

    2011-10-01

    Advances in medical technology rely on human subject research to test the effects on real patients of unproven new drugs, equipment and techniques. Illegal human subject research happens occasionally and has led to subject injury and medical disputes. Familiarity with the laws and established ethics related to human subject research can minimize both injury and disputes. History is a mirror that permits reflection today on past experience. Discussing the Nuremberg Code, the Declaration of Helsinki and Belmont Report, this article describes the laws, ethics, history and news related to human subject research as well as the current definition and characteristics of human subject research. Increasing numbers of nurses serve as research nurses and participate in human subject research. The authors hope this article can increase research nurse knowledge regarding laws and ethics in order to protect human research subjects adequately.

  7. Ethics and professionalism in public relations

    Directory of Open Access Journals (Sweden)

    Krstić Ana

    2009-01-01

    Full Text Available The subjects of this paper are ethics and professionalism, topics closely linked in contemporary theory, and especially in practice of public relations, whose significance is increasingly coming to the spotlight of experts from this area. Several definitions, classification, the historical development and principles of theories of ethics most frequently used in ethical decision-making within a business environment, have been presented in the first chapter in the endeavor to ascertain the concept of ethics. The next chapter concerns the duties a public relations expert must pay attention to while carrying out his or her activities. Those are: duty towards oneself, towards the organization, society and profession, within which, in the case of a conflict of interest, the duty towards society (so-called social responsibility, or professional duty, must prevail. The chapter that follows concerns ethical problems in the contemporary practice of public relations: the competence of practitioners, possible conflicts of interest and the very sensitive area of media relations. The chapter on models of ethical decision-making involves concrete experts' advice on decision making which are firmly based on ethical principles. Next section concerns professionalism and professional education in public relations. Recommendations concerning topics which should be included in the university education in this area are also presented. The focus is on the following: the absence of standards that would establish who can work in public relations and under which conditions; the lack of a specified educational minimum and expertise which a practitioner should possess; the need for practitioners to be the members of professional associations, as well as to adhere to a required ethical codex. Some of the most significant world public relations associations are mentioned and at the end, and a review of the state of public relations in Serbia is given.

  8. Double Taxation Agreements: Between EU Law and Public International Law

    OpenAIRE

    Hofmann, Herwig

    2011-01-01

    After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

  9. Ethics and policy: Dealing with public attitudes

    International Nuclear Information System (INIS)

    Sheehan, M.

    2008-01-01

    The current trend towards ethical scrutiny and oversight is very much a social trend. Many of the results of this trend are perfectly reasonable but some go harmfully too far. In this paper, caution is advocated about public attitudes and social trends. Although there is often a degree of truth in them, there is an inevitable simplification of the issues involved. The more specific danger for the professions is to think that public attitudes and social trends simply deliver 'the ethical'. In this context a more adequate account of ethics is considered - one that is relevant for professions like radiology confronting the demands of ethical scrutiny and oversight. The paper concludes with some suggestions about how to incorporate the important aspects of public attitudes and social trends without being subservient to them. (authors)

  10. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

     The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

  11. Medicine, law, ethics: teaching versus learning.

    Science.gov (United States)

    Kapp, Marshall; Turner, Gregory; Baker, Dennis

    2012-10-01

    Doctors' anxieties about the legal environment begin during medical school. The signals faculty members send to medical students contribute to this anxiety. A pilot study was conducted to examine signals sent by faculty members to students regarding the relationship of legal risk management and ethical patient care at one medical school. It was also intended to determine the agreement between the messages faculty staff believe they are transmitting and those that students think they are hearing from faculty mentors. A survey with six multiple-choice questions was sent electronically to clinical faculty staff of one medical school to elicit the signals faculty members send students regarding the relationship of legal risk management and ethical patient care. A complementary survey instrument was sent to all 240 third- and fourth-year students to elicit their perceptions of what they were being taught by their mentors about the legal environment. Responses were tabulated, analysed, and interpreted. Faculty staff and student responses to six questions regarding teaching and learning about the relationship of legal risk management and ethical patient care revealed, for four of the six questions, statistically significantly different perspectives between what faculty members thought they were teaching and what students thought they were learning. Medical schools should be teaching patient-centered medicine, reconciling an awareness of the legal environment with the provision of ethically and clinically sound patient care. To improve performance, we must address the messages faculty members send students and reduce the disparity between perceived faculty teaching and claimed student learning in this context. © Blackwell Publishing Ltd 2012.

  12. Nonaltruistic kidney donations in contemporary Jewish law and ethics.

    Science.gov (United States)

    Grazi, Richard V; Wolowelsky, Joel B

    2003-01-27

    In 2000, the Consensus Statement on the Live Organ Donor reported that "direct financial compensation for an organ from a living donor remains controversial and illegal in the United States" and took note of the position of the Transplantation Society that "Organs and tissue should be given without commercial consideration or commercial profit." Christian authorities insist that organ donors must not accrue economic advantage, and "selling" organs deprives the donation of its ethical quality. The writings of major contemporary authorities of Jewish law and ethics whose halakhic positions on bioethical issues are regularly considered by Orthodox, Conservative, and Reform ethicists were reviewed. Their positions on this issue were contrasted with those of various contemporary secular and religious authorities. These Jewish authorities reject the notion that generosity and charity, rather than monetary gain and greed, must serve as the exclusive basis for donation of functioning organs. Although nonaltruistic sale of kidneys may be theoretically ethical, ultimately its ethical status in Jewish ethics and law is inextricably connected to solving a series of pragmatic programs, such as creating a system that ensures that potential vendors and donors are properly informed and not exploited. Lacking such arrangements, ethical nonaltruistic kidney donations remain but a theoretical possibility.

  13. Radwastes and public ethics: issues and imperatives

    International Nuclear Information System (INIS)

    Maxey, M.M.

    1978-01-01

    This paper, which was presented at the Health Physics Society annual meeting at Atlanta, conclude that the problem of radioactive waste management is neither unique and unprecedented, nor has it been properly formulated from an ethical perspective, and that to recover and maintain a balanced perspective on this particular biohazard and to introduce some corrective perception in the public mind becomes an ethical imperative. (author)

  14. Ethics and the law: the law and assisted human conception.

    Science.gov (United States)

    Brahams, D

    1990-07-01

    This article aims to provide no more than a brief summary and overview of some of the principal legal questions which arise in connection with assisted human conception. There is no requirement of legal suitability for natural parenthood, though a child may be removed from parental care at birth if its welfare is considered to be at risk. Where medical or other assistance is required, however, the law and social judgments may impinge on the freedom of individuals to procreate. Commercial surrogacy has recently been criminalized, but private surrogacy arrangements without reward are not illegal--although any contract would probably be unenforceable through the courts. If medical intervention is required to achieve assisted conception, the availability of resources for NHS treatment, the physical and mental health of the prospective mother and father, and the welfare (or lack of it) of any prospective child, may be factors in deciding whether an infertility unit will offer treatment. Such practices must not operate unfairly and must not discriminate on racial grounds. If treatment is provided, and a woman becomes pregnant, the ordinary abortion laws will apply and, it is thought, will extend to the selective reduction of a multiple pregnancy--there is no claim in English law for 'wrongful birth'. AID does not constitute adultery, and the law has recently been reformed to recognize children born following AID as legitimate to their social parents. A child may be regarded as the legitimate child of a surrogate mother's marriage, but where the baby is genetically distinct from the surrogate mother, the law, and is uncertain and as yet could be conflicting claims of parenthood without legislation. The storage and disposal of human gametes and embryos may raise problems of 'ownership'.

  15. Campbell's Law and the Ethics of Immensurability

    Science.gov (United States)

    Sidorkin, Alexander M.

    2016-01-01

    The paper examines "Campbell's Law": "The more any quantitative social indicator is used for social decision-making, the more subject it will be to corruption pressures and the more apt it will be to distort and corrupt the social processes it is intended to monitor." The examination of measurability leads to explaining the…

  16. [Economics and ethics in public health?].

    Science.gov (United States)

    Blum, R

    1999-01-01

    The topic suggests a conflict between ethics and economy in medical care. It is often argued that today's welfare state in affluent societies with their social insurance systems makes it easier for the doctor to translate ethical demands into reality without being hampered by economic restrictions. Both doctors and patients took advantage of this system of medical care by mingling social guarantees for health with the doctor's income. Hence, medical expenses expanded rapidly, additionally promoted by technical progress in medicine. This entailed a proportionate increase in medical expenses in relation to personal income, especially wage income. Budgets of state authorities were streamlined or deficits became larger. This state of affairs was promoted further by mechanisms of distribution of national income in accordance with the slogan "less state, more market". While national income continued to grow, although at a slower rate, the number of jobless persons grew continually and thus also the social expenses, this was not due, as is usually assumed and pretended, to an economic crisis. Society and economy are facing a crisis of distribution of national income under conditions of technical progress as a job killer, making economic production more productive and efficient. Not taking into account the new challenge of social market economy--the German innovation in market economy creating the economic miracle after World War II--reforms of the system of medical care took place and are still continuing along market principles, particularly the latest German reform law leading to individual contracts between patients and their doctors in respect of cost charging. However, marketing principles promote economy in medicine, but they do not promote medical ethics. Further German guidelines for medical care should take stock of past experiences. There will be more competition in the "growing market of medical care" (private and public) and this will need--as economic

  17. Law and medical ethics in organ transplantation surgery

    Science.gov (United States)

    Woodcock, Tom; Wheeler, Robert

    2010-01-01

    This article in the series describes how UK law and medical ethics have evolved to accommodate developments in organ transplantation surgery. August committees have formulated definitions of the point of death of the person which are compatible with the lawful procurement of functioning vital organs from cadavers. Some of the complexities of dead donor rules are examined. Live donors are a major source of kidneys and the laws that protect them are considered. Financial inducements and other incentives to donate erode the noble concept of altruism, but should they be unlawful? PMID:20501013

  18. A Critique of the Notions of Law and Ethics as Regulatory Systems ...

    African Journals Online (AJOL)

    The next discovery made by this paper is that the authentic ideas of lawand ethicsmeet at the venue of natural law.Hence, law+ethic =Natural Law. It is strongly recommended that the natural law theory of legality and morality be upheld in all jurisdictions as the applicable directive theory and practice of law and ethics ...

  19. From Public International to International Public Law: Translating World Public Opinion into International Public Authority

    NARCIS (Netherlands)

    von Bogdandy, A.; Goldmann, M.; Venzke, I.

    This article argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should be better understood as international public law because it

  20. Ethics of managers in Slovenian public administration

    Directory of Open Access Journals (Sweden)

    Zlatko Nedelko

    2015-01-01

    Full Text Available The main purpose of this paper is to examine how managers’ personal values and managers’ attitudes towards the natural and social environment are shaping the ethics of those same managers in public administration. The findings are based on a sample of 212 managers from Slovenian public administration. Personal values were measured using the Schwartz value survey, while attitudes toward natural and social environment were measured with a validated questionnaire. Results show that managers’ self-enhancing values are positively related to their attitudes toward both natural and social environment and their ethics. Managers’ self-transcendence values were found to be negatively associated with their attitudes toward the social environment and their ethics. Managers’ attitudes toward natural and social environment are both positively related with the managers’ ethics. The mediation effect of the attitudes towards the social environment on the relationships between managers’ personal values and their ethics is positive and significant. The main cognition is that managers’ attitudes towards the social environment are a significantly stronger predictor of managers’ ethics than are managers’ personal values.

  1. 24 CFR 4.34 - Review of Inspector General's report by the Ethics Law Division.

    Science.gov (United States)

    2010-04-01

    ... report by the Ethics Law Division. 4.34 Section 4.34 Housing and Urban Development Office of the... Funding Decisions § 4.34 Review of Inspector General's report by the Ethics Law Division. After receipt of the Inspector General's report, the Ethics Law Division shall review the facts and circumstances of...

  2. Public Health, Ethics, and Autonomous Vehicles.

    Science.gov (United States)

    Fleetwood, Janet

    2017-04-01

    With the potential to save nearly 30 000 lives per year in the United States, autonomous vehicles portend the most significant advance in auto safety history by shifting the focus from minimization of postcrash injury to collision prevention. I have delineated the important public health implications of autonomous vehicles and provided a brief analysis of a critically important ethical issue inherent in autonomous vehicle design. The broad expertise, ethical principles, and values of public health should be brought to bear on a wide range of issues pertaining to autonomous vehicles.

  3. Public Consultation toward Ethiopia's Family Law Reform ...

    African Journals Online (AJOL)

    Mandefrot Belay

    A comprehensive and open public consultation was conducted during the revision ... in Ethiopia which are expected to guide any legal reform process so that the ... law, the way in which public consultation forums were organized, and the ...

  4. A Possible Ethical Imperative Based on the Entropy Law

    Directory of Open Access Journals (Sweden)

    Mehrdad Massoudi

    2016-11-01

    Full Text Available Lindsay in an article titled, “Entropy consumption and values in physical science,” (Am. Sci. 1959, 47, 678–696 proposed a Thermodynamic Imperative similar to Kant’s Ethical Categorical Imperative. In this paper, after describing the concept of ethical imperative as elaborated by Kant, we provide a brief discussion of the role of science and its relationship to the classical thermodynamics and the physical implications of the first and the second laws of thermodynamics. We finally attempt to extend and supplement Lindsay’s Thermodynamic Imperative (TI, by another Imperative suggesting simplicity, conservation, and harmony.

  5. Public Ethics and Urban Space

    Directory of Open Access Journals (Sweden)

    Sergio Brancaccio

    2013-07-01

    Full Text Available Naples as a centre of development and human relations must choose amongst the relational goods: friendship, cultural exchange, mobility, sports, green spaces etc. or goods which reflect “acquired positions”: the size and quality of the houses, monetary wealth, automobiles etc. to go towards a model in modern society where the increase in income is in contrast with the increase in well-being.  Conservation and regeneration of the fabric of the city depend on the cultural orientation which its citizens have attained coming from the great ideals of social justice, liberty and democratic participation; these terms are also related to the choice between free market and “civil economy” which should aim at the common well-being, reserving for ethics the place of a renewed protagonist role.

  6. Immigration and Health: Law, Policy, and Ethics.

    Science.gov (United States)

    Parmet, Wendy E; Sainsbury-Wong, Lorianne; Prabhu, Maya

    2017-03-01

    Immigration poses numerous challenges for health professionals and public health lawyers. This article reviews these challenges. We begin by offering some background on immigration and health and then explain some of the reasons why immigrants are less likely than natives to have health insurance. Next we turn to a discussion of some of the particular challenges relating to the health care of refugees. We conclude by analyzing and rejecting some of the arguments that are made for discriminating against immigrants with respect to the provision of public health benefits and services.

  7. Ethical issues in public health promotion

    African Journals Online (AJOL)

    2014-05-02

    May 2, 2014 ... Health promotion has three main ethical issues: (i) what are the ultimate goals for public .... construction of new norms, the shaping of existing norms, the .... despite the fact that we know they are bad for people's health. There.

  8. ACCOUNTING BETWEEN LAW, ETHICS AND MORALITY

    OpenAIRE

    Anca-Simona N. HROMEI; Maria-Madalina I. VOINEA

    2013-01-01

    This paper deals with the fact that nowadays, society and business, show high expectations regarding the accounting discipline, and therefore professionals in this area should expand their horizons to meet all requirements. First of all, accounting assumed a certain responsibility to the public interest, by its fundamental purpose, namely to provide financial-accounting information, information that will form the basis of decision making. Second of all, for the successful fulfilment of the pu...

  9. The Public Schools Contracts Law. Focus on School Law Series.

    Science.gov (United States)

    Dabreu, O. Lisa

    New Jersey's Public Schools Contracts Law, enacted on June 2, 1977, places limits on the authority of local and regional boards of education to make purchases and to enter into contracts, agreements, or leases for supplies or services. This publication is designed to provide information and guidance that will assist boards of education in meeting…

  10. The Role of Ethics and Morality in EU Law

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar; Rowlandson, Malene

    2008-01-01

    The aim of this article is to reflect on the role of ethics and morality in EU law. Two specific biolegal fields of study constitute the primary object in this regard; funding of research into human embryonic stem cells (hESCs) and the patentability hereof. The reason why the choice has fallen upon...... these aspects in particular is that they are both pivotal to the pursuit and realisation of the therapeutic and commercial prospects ascribed to hESC research. Whilst the said prospects are enormous the Member States' different outlook upon the permissibility of engaging in such activities is, however, equally...... and morality in EU law are to be seen....

  11. Relations between Hume’s philosophy and Natural Law Ethics

    Directory of Open Access Journals (Sweden)

    Fernando Arancibia C.

    2018-05-01

    Full Text Available The philosophy of D. Hume has been commonly related to positivism and moral subjectivism. Though his explicit influence is undeniable in these schools of thought, it does not prevent the effective existence of relations of harmony between theories traditionally opposed to the humean philosophy. In this work I will present the convergences between the philosophy of Hume and the natural law ethics, particularly the developed by the New Natural Law Theory. I will argue the link from the following points: (a the relevance of the common life, (b the experience and (c the role of philosophy in the human behavior.

  12. The Ethics of Going Public.

    Science.gov (United States)

    Kirsch, Jeffrey W.

    1982-01-01

    Social scientists who communicate scientific information via the media face challenges because they do not realize that journalists have values different from theirs. Discusses motivations that impel scientists to go public, the conflicting roles into which they, therefore, are cast, and the reasons why journalists regard scientists with…

  13. [Publicity, ethics and medical deontology].

    Science.gov (United States)

    Noterman, J

    2011-01-01

    Compatibility between publicity and deontology is an old problem. Since a few months, TV shows, press interviews or newspapers have aroused interest. Some judgements from the European Court and the National Council of the medical Order and lawmakers were expressed. An "inventory of fixtures" seems to be now necessary.

  14. ETHICS AND NEW PUBLIC MANAGEMENT MANTRA IN THE ...

    African Journals Online (AJOL)

    Public Management and its interplay with ethics in the UK public sector. ..... ethical standards results from individual lapses or mistakes and poor communication .... sector is not widespread as the commentators and the media are painting. In.

  15. Publication Ethics: A Case Series with Recommendations According to Committee on Publication Ethics (COPE).

    Science.gov (United States)

    Fazly Bazzaz, Bibi Seddigheh; Sadeghi, Ramin

    2012-09-01

    Ethical misconduct is not a new issue in the history of science and literature. However, ethical misconducts in science have grown considerably in the modern era which is due to emphasis on the scientific proliferation in research institutes and gauging scientists according to their publications. In the current case series, several misconducts occurring over the previous years in Mashhad University of Medical Sciences (Mashhad, Iran) either for Journals or Faculty members were gathered and specific recommendations were provided to avoid similar events in the future. All recommendations are according to Committee on Publication Ethics (COPE).

  16. Ethics in Public Health Research

    Science.gov (United States)

    Curtis, Valerie A.; Garbrah-Aidoo, Nana; Scott, Beth

    2007-01-01

    Skill in marketing is a scarce resource in public health, especially in developing countries. The Global Public–Private Partnership for Handwashing with Soap set out to tap the consumer marketing skills of industry for national handwashing programs. Lessons learned from commercial marketers included how to (1) understand consumer motivation, (2) employ 1 single unifying idea, (3) plan for effective reach, and (4) ensure effectiveness before national launch. After the first marketing program, 71% of Ghanaian mothers knew the television ad and the reported rates of handwashing with soap increased. Conditions for the expansion of such partnerships include a wider appreciation of what consumer marketing is, what it can do for public health, and the potential benefits to industry. Although there are practical and philosophical difficulties, there are many opportunities for such partnerships. PMID:17329646

  17. Informal administrative acts in public economic law

    International Nuclear Information System (INIS)

    Bauer, H.

    1987-01-01

    The article deals with agreements between the administration and citizens, which play a considerable part in public commercial law and in atomic energy law. The legal basis can be the doctrine of administrative legal relationship, which clarifies the reciprocity and multilaterality of the legal relationship. In the future informal administrative acts will have an increasing meaning. (CW) [de

  18. NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

    Directory of Open Access Journals (Sweden)

    MARIUS VACARELU

    2012-05-01

    Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

  19. International law, constitutional law, and public support for torture

    Directory of Open Access Journals (Sweden)

    Adam S Chilton

    2016-03-01

    Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

  20. Tobacco endgame strategies: challenges in ethics and law

    Science.gov (United States)

    Thomas, Bryan P; Gostin, Lawrence O

    2013-01-01

    There are complex legal and ethical tradeoffs involved in using intensified regulation to bring smoking prevalence to near-zero levels. The authors explore these tradeoffs through a lens of health justice, paying particular attention to the potential impact on vulnerable populations. The ethical tradeoffs explored include the charge that heavy regulation is paternalistic; the potentially regressive impact of heavily taxing a product consumed disproportionately by the poor; the simple loss of enjoyment to heavily addicted smokers; the health risks posed by, for example, regulating nicotine content in cigarettes—where doing so leads to increased consumption. Turning to legalistic concerns, the authors explore whether endgame strategies constitute a form of ‘regulatory taking’; whether endgame strategies can be squared with global trade/investment laws; whether free speech rights are infringed by aggressive restrictions on the advertisement and marketing of cigarettes. PMID:23591513

  1. Tobacco endgame strategies: challenges in ethics and law.

    Science.gov (United States)

    Thomas, Bryan P; Gostin, Lawrence O

    2013-05-01

    There are complex legal and ethical tradeoffs involved in using intensified regulation to bring smoking prevalence to near-zero levels. The authors explore these tradeoffs through a lens of health justice, paying particular attention to the potential impact on vulnerable populations. The ethical tradeoffs explored include the charge that heavy regulation is paternalistic; the potentially regressive impact of heavily taxing a product consumed disproportionately by the poor; the simple loss of enjoyment to heavily addicted smokers; the health risks posed by, for example, regulating nicotine content in cigarettes--where doing so leads to increased consumption. Turning to legalistic concerns, the authors explore whether endgame strategies constitute a form of 'regulatory taking'; whether endgame strategies can be squared with global trade/investment laws; whether free speech rights are infringed by aggressive restrictions on the advertisement and marketing of cigarettes.

  2. Analogical Arguments in Ethics and Law: A Defence of Deductivism

    Directory of Open Access Journals (Sweden)

    Fábio Perin Shecaira

    2013-09-01

    Full Text Available The paper provides a qualified defence of Bruce Waller’s deductivist schema for a priori analogical arguments in ethics and law. One crucial qualification is that the schema represents analogical arguments as complexes composed of one deductive inference (hence “deductivism” but also of one non-deductive subargument. Another important qualification is that the schema is informed by normative assumptions regarding the conditions that an analogical argument must satisfy in order for it to count as an optimal instance of its kind. Waller’s schema (in qualified form is defended from criticisms formulated by Trudy Govier, Marcello Guarini and Lilian Bermejo-Luque.

  3. Nurse Reinvestment Act. Public Law.

    Science.gov (United States)

    Congress of the U.S., Washington, DC.

    This document contains the text of the Nurse Reinvestment Act, which amends the Public Health Service Act to address the increasing shortage of registered nurses by instituting a series of policies to improve nurse recruitment and nurse retention. Title I details two initiatives to boost recruitment of nurses. The first initiative includes the…

  4. The law, policy, and ethics of employers' use of financial incentives to improve health.

    Science.gov (United States)

    Madison, Kristin M; Volpp, Kevin G; Halpern, Scott D

    2011-01-01

    The Patient Protection and Affordable Care Act (ACA) turns to a nontraditional mechanism to improve public health: employer-provided financial incentives for healthy behaviors. Critics raise questions about incentive programs' effectiveness, employer involvement, and potential discrimination. We support incentive program development despite these concerns. The ACA sets the stage for a broad-based research and implementation agenda through which we can learn to structure incentive programs to not only promote public health but also address prevalent concerns. © 2011 American Society of Law, Medicine & Ethics, Inc.

  5. Should public health be exempt from ethical regulations? Intricacies ...

    African Journals Online (AJOL)

    Methods: Literature review of published papers regarding ethical regulations in public health practice. Results: There is a current criticism of public health ethics as hindering rather than facilitating public health research. There is also an existing dilemma as to which Public health activities constitute research and are ...

  6. Reporting ethics committee approval in public administration research.

    Science.gov (United States)

    Jordan, Sara R; Gray, Phillip W

    2014-03-01

    While public administration research is thriving because of increased attention to social scientific rigor, lingering problems of methods and ethics remain. This article investigates the reporting of ethics approval within public administration publications. Beginning with an overview of ethics requirements regarding research with human participants, I turn to an examination of human participants protections for public administration research. Next, I present the findings of my analysis of articles published in the top five public administration journals over the period from 2000 to 2012, noting the incidences of ethics approval reporting as well as funding reporting. In explicating the importance of ethics reporting for public administration research, as it relates to replication, reputation, and vulnerable populations, I conclude with recommendations for increasing ethics approval reporting in public administration research.

  7. The genesis of public health ethics.

    Science.gov (United States)

    Bayer, Ronald; Fairchild, Amy L

    2004-11-01

    As bioethics emerged in the 1960s and 1970s and began to have enormous impacts on the practice of medicine and research--fuelled, by broad socio-political changes that gave rise to the struggles of women, African Americans, gay men and lesbians, and the antiauthoritarianism impulse that characterised the New Left in democratic capitalist societies--little attention was given to the question of the ethics of public health. This was all the more striking since the core values and practices of public health, often entailing the subordination of the individual for the common good, seemed opposed to the ideological impulses of bioethics. Of what relevance is autonomy-focused bioethics for public health, with its mix of justifications including those that are either implicitly or explicitly paternalistic or that seek to impose strictures on individuals and communities in the name of collective welfare? To examine the deep divide between the central commitments of bioethics and the values that animate the practice of public health, we focus on a series of controversies implicating the concepts of privacy, liberty, and paternalism. Recognising the role of moral values in decision-making was a signal contribution of bioethics in its formative period. Over the past three decades a broad array of perspectives emerged under the rubric of bioethics but individualism remains central. As we commence the process of shaping an ethics of public health, it is clear that bioethics is the wrong place to start when thinking about the balances required in defence of the public's health.

  8. Juridifying Corporate Social Responsibility Through Public Law

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR......With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute...... that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR....

  9. Legislating tolerance: Spain's national public smoking law.

    Science.gov (United States)

    Muggli, Monique E; Lockhart, Nikki J; Ebbert, Jon O; Jiménez-Ruiz, Carlos A; Riesco Miranda, Juan Antonio; Hurt, Richard D

    2010-02-01

    While Spain's national tobacco control legislation prohibits smoking in many indoor public places, the law provides for an exception to the prohibition of smoking by allowing separate seating sections and ventilation options in certain public places such as bars and restaurants, hotels and airports. Accordingly, Spain's law is not aligned with Article 8 Guidelines of the World Health Organization's Framework Convention on Tobacco Control, which requires parties to ensure universal protection against secondhand smoke exposure in all enclosed public places, workplaces and on all means of public transport. Spain's law is currently being promoted by the tobacco companies in other countries as a model for smoke-free legislation. In order to prevent weakening of smoke-free laws in other countries through industry-supported exceptions, we investigated the tactics used by the tobacco companies before the implementation of the new law and assessed the consequences of these actions in the hospitality sector. Internal tobacco industry documents made public through US litigation settlements dating back to the 1980s were searched in 2008-9. Documents show that tobacco companies sought to protect hospitality venues from smoking restrictions by promoting separate seating for smokers and ineffective ventilation technologies, supporting an unenforceable voluntary agreement between the Madrid local government and the hospitality industry, influencing ventilation standards setting and manipulating Spanish media. The Spanish National Assembly should adopt comprehensive smoke-free legislation that does not accommodate the interests of the tobacco industry. In doing so, Spain's smoke-free public places law would be better aligned with the Framework Convention on Tobacco Control.

  10. Publication ethics and the ghost management of medical publication.

    Science.gov (United States)

    Sismondo, Sergio; Doucet, Mathieu

    2010-07-01

    It is by now no secret that some scientific articles are ghost authored - that is, written by someone other than the person whose name appears at the top of the article. Ghost authorship, however, is only one sort of ghosting. In this article, we present evidence that pharmaceutical companies engage in the ghost management of the scientific literature, by controlling or shaping several crucial steps in the research, writing, and publication of scientific articles. Ghost management allows the pharmaceutical industry to shape the literature in ways that serve its interests. This article aims to reinforce and expand publication ethics as an important area of concern for bioethics. Since ghost-managed research is primarily undertaken in the interests of marketing, large quantities of medical research violate not just publication norms but also research ethics. Much of this research involves human subjects, and yet is performed not primarily to increase knowledge for broad human benefit, but to disseminate results in the service of profits. Those who sponsor, manage, conduct, and publish such research therefore behave unethically, since they put patients at risk without justification. This leads us to a strong conclusion: if medical journals want to ensure that the research they publish is ethically sound, they should not publish articles that are commercially sponsored.

  11. Conflict of interest: A tenacious ethical dilemma in public health ...

    African Journals Online (AJOL)

    In addition to the ethical practice of individual health professionals, bioethical debate about conflict of interest (CoI) must include the institutional ethics of public policy-making, as failure to establish independence from powerful stakeholder influence may pervert public health goals. All involved in public policy processes are ...

  12. Reflections on Enhancing the Understanding of Law through Ethical Analysis

    Science.gov (United States)

    Levin, Murray S.

    2010-01-01

    There are varied approaches to incorporating the subject of ethics in the business school curriculum. The evolving process has included a debate over fundamental matters such as whether all students should be required to take a discrete course in ethics, who should be teaching ethics, and whether ethics can even be taught. The ethics subject…

  13. CORRUPTION AND ETHICS IN THE ROMANIAN PUBLIC MANAGERS’

    Directory of Open Access Journals (Sweden)

    PUIU SILVIA

    2015-08-01

    Full Text Available The paper is a quantitative research of the perspective of public managers in Romania regarding ethics management and its implementation.We tried to highlight that managers in the public sector are not familiar with many tools of ethics management and so, we identified some solutions in order to increase the awareness related to these issues. The methodology consisted in applying an online survey on 52 managers from different areas of the public sector. Results of the research reveal that most of managers are not familiar with concepts like whistleblowing, ethical trainings, hotlines and the main conclusion is that ethics management is not an organized system in the public sector.

  14. Discrimination in Public Employment: The Evolving Law.

    Science.gov (United States)

    McCarthy, Martha M.

    This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

  15. Realising social justice in public health law.

    Science.gov (United States)

    Fox, Marie; Thomson, Michael

    2013-03-01

    Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

  16. Foundations in the Law: Classic Cases in Medical Ethics

    National Research Council Canada - National Science Library

    Zucker, K. W; Allen, Tracy L; Boyle, Martin J; Burton, Amy R; Smyth, Vito S

    2007-01-01

    .... The converse is also true: decisions within a legal system inform, or impact, ethics -specifically medical ethics The cases discussed in this paper are at the foundation of medical ethics in the United States...

  17. Living Wills in Italy: Ethical and Comparative Law Approaches.

    Science.gov (United States)

    Veshi, Denard; Neitzke, Gerald

    2015-03-01

    In this article, advance directives will be analysed through ethical and comparative law approaches. Their importance, the two different types of advance directives and the so-called three steps hierarchy, will be discussed. Living wills will be treated in detail, considering the criticism they have attracted, as well as their known benefits. A thorough examination of the latest version of Arts. 3 and 4 of Italian Bill No. 2350, as approved by the Italian Senate in March 2009 and then amended by the Chamber of Deputies in July 2011, is included. This bill grants advance directives advisory force, limits their application in time and does not allow the validity of oral declarations. This political decision limits autonomy. Furthermore, there are doubts about the constitutionality of this bill, especially with respect to Arts. 2, 13 and 32 of the Italian Constitution, related to the right of self-determination. Further, this article will include a comparative approach of the legal aspects, with particular attention to the French and German models. To conclude, some ethical principles that the Italian legislator must take into consideration are indicated. In addition, some possible modifications of this Bill are suggested based on the experience of other European legislation.

  18. Reneging: A Topic to Promote Engaging Discussions about Law and Ethics in a Business Law or Legal Environment Course

    Science.gov (United States)

    Murphy, Tonia Hap

    2009-01-01

    This article is intended for business law and legal environment instructors who want to help students understand how they might react when presented with an ethical conflict, no matter how big or how small. The article discusses not only the compelling ethical issues that may arise in reneging cases, but also legal issues. The article provides…

  19. Ethical and legal analyses of policy prohibiting tobacco smoking in enclosed public spaces.

    Science.gov (United States)

    Oriola, Taiwo A

    2009-01-01

    A spate of legislations prohibiting cigarette smoking in enclosed public spaces, mainly on grounds of public health protection, recently swept across cities around the world. This is in tandem with a raft of increasingly restrictive national laws that emerged on the back of the ratification of the WHO Framework for Tobacco Control by more than one 168 countries in 2005. The central debate on the increasingly restrictive tobacco laws revolves on the extent to which public health interests justification should ground political intervention in a private right as basic as tobacco smoking, which interestingly is often lumped in the food and beverage category. The pertinent legal and ethical questions therefore are the following: Is or should there be a general unrestricted right to tobacco smoking? If there were such a right, should public health or ethical considerations trump private right to smoke in enclosed public spaces? And if public health interests were so paramount, should they go farther and ground tobacco smoking proscription in all private and public spheres? Using ethical principles and rights-based arguments, the paper critically examines the legal and ethical ramifications of public health justification for tobacco smoking proscription in enclosed public spaces.

  20. Ethical issues in public health surveillance: a systematic qualitative review.

    Science.gov (United States)

    Klingler, Corinna; Silva, Diego Steven; Schuermann, Christopher; Reis, Andreas Alois; Saxena, Abha; Strech, Daniel

    2017-04-04

    Public health surveillance is not ethically neutral and yet, ethics guidance and training for surveillance programmes is sparse. Development of ethics guidance should be based on comprehensive and transparently derived overviews of ethical issues and arguments. However, existing overviews on surveillance ethics are limited in scope and in how transparently they derived their results. Our objective was accordingly to provide an overview of ethical issues in public health surveillance; in addition, to list the arguments put forward with regards to arguably the most contested issue in surveillance, that is whether to obtain informed consent. Ethical issues were defined based on principlism. We assumed an ethical issue to arise in surveillance when a relevant normative principle is not adequately considered or two principles come into conflict. We searched Pubmed and Google Books for relevant publications. We analysed and synthesized the data using qualitative content analysis. Our search strategy retrieved 525 references of which 83 were included in the analysis. We identified 86 distinct ethical issues arising in the different phases of the surveillance life-cycle. We further identified 20 distinct conditions that make it more or less justifiable to forego informed consent procedures. This is the first systematic qualitative review of ethical issues in public health surveillance resulting in a comprehensive ethics matrix that can inform guidelines, reports, strategy papers, and educational material and raise awareness among practitioners.

  1. [Ethics versus economics in public health? On the integration of economic rationality in a discourse of public health ethics].

    Science.gov (United States)

    Rothgang, H; Staber, J

    2009-05-01

    In the course of establishing the discourse of public health ethics in Germany, we discuss whether economic efficiency should be part of public health ethics and, if necessary, how efficiency should be conceptualized. Based on the welfare economics theory, we build a theoretical framework that demands an integration of economic rationality in public health ethics. Furthermore, we consider the possible implementation of welfare efficiency against the background of current practice in an economic evaluation of health care in Germany. The indifference of the welfare efficiency criterion with respect to distribution leads to the conclusion that efficiency must not be the only criteria of public health ethics. Therefore, an ethical approach of principles should be chosen for public health ethics. Possible conflicts between principles of such an approach are outlined.

  2. Law, ethics and pandemic preparedness: the importance of cross-jurisdictional and cross-cultural perspectives.

    Science.gov (United States)

    Bennett, Belinda; Carney, Terry

    2010-04-01

    To explore social equity, health planning, regulatory and ethical dilemmas in responding to a pandemic influenza (H5N1) outbreak, and the adequacy of protocols and standards such as the International Health Regulations (2005). This paper analyses the role of legal and ethical considerations for pandemic preparedness, including an exploration of the relevance of cross-jurisdictional and cross-cultural perspectives in assessing the validity of goals for harmonisation of laws and policies both within and between nations. Australian and international experience is reviewed in various areas, including distribution of vaccines during a pandemic, the distribution of authority between national and local levels of government, and global and regional equity issues for poorer countries. This paper finds that questions such as those of distributional justice (resource allocation) and regulatory frameworks raise important issues about the cultural and ethical acceptability of planning measures. Serious doubt is cast on a 'one size fits all' approach to international planning for managing a pandemic. It is concluded that a more nuanced approach than that contained in international guidelines may be required if an effective response is to be constructed internationally. The paper commends the wisdom of reliance on 'soft law', international guidance that leaves plenty of room for each nation to construct its response in conformity with its own cultural and value requirements. © 2010 The Authors. Journal Compilation © 2010 Public Health Association of Australia.

  3. Applying Classical Ethical Theories to Ethical Decision Making in Public Relations: Perrier's Product Recall.

    Science.gov (United States)

    Pratt, Cornelius B.

    1994-01-01

    Links ethical theories to the management of the product recall of the Perrier Group of America. Argues for a nonsituational theory-based eclectic approach to ethics in public relations to enable public relations practitioners, as strategic communication managers, to respond effectively to potentially unethical organizational actions. (SR)

  4. Teaching seven principles for public health ethics: towards a curriculum for a short course on ethics in public health programmes.

    Science.gov (United States)

    Schröder-Bäck, Peter; Duncan, Peter; Sherlaw, William; Brall, Caroline; Czabanowska, Katarzyna

    2014-10-07

    Teaching ethics in public health programmes is not routine everywhere - at least not in most schools of public health in the European region. Yet empirical evidence shows that schools of public health are more and more interested in the integration of ethics in their curricula, since public health professionals often have to face difficult ethical decisions. The authors have developed and practiced an approach to how ethics can be taught even in crowded curricula, requiring five to eight hours of teaching and learning contact time. In this way, if programme curricula do not allow more time for ethics, students of public health can at least be sensitised to ethics and ethical argumentation. This approach - focusing on the application of seven mid-level principles to cases (non-maleficence, beneficence, health maximisation, efficiency, respect for autonomy, justice, proportionality) - is presented in this paper. Easy to use 'tools' applying ethics to public health are presented. The crowded nature of the public health curriculum, and the nature of students participating in it, required us to devise and develop a short course, and to use techniques that were likely to provide a relatively efficient introduction to the processes, content and methods involved in the field of ethics.

  5. A Bridge Back to the Future: Public Health Ethics, Bioethics, and Environmental Ethics.

    Science.gov (United States)

    Lee, Lisa M

    2017-09-01

    Contemporary biomedical ethics and environmental ethics share a common ancestry in Aldo Leopold's and Van Rensselaer Potter's initial broad visions of a connected biosphere. Over the past five decades, the two fields have become strangers. Public health ethics, a new subfield of bioethics, emerged from the belly of contemporary biomedical ethics and has evolved over the past 25 years. It has moved from its traditional concern with the tension between individual autonomy and community health to a wider focus on social justice and solidarity. Public health has a broad focus that includes individual, community, and environmental health. Public health ethics attends to these broad commitments reflected in the increasing concern with the connectedness of health of individuals to the health of populations, to the health of animals, to the health of the environment; it is well situated to reconnect all three "fields" of ethics to promote a healthier planet.

  6. Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

    Science.gov (United States)

    Jones, Marian Moser; Bayer, Ronald

    2007-02-01

    The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

  7. Ethics Literacy and "Ethics University": Two Intertwined Models for Public Involvement and Empowerment in Bioethics.

    Science.gov (United States)

    Strech, Daniel; Hirschberg, Irene; Meyer, Antje; Baum, Annika; Hainz, Tobias; Neitzke, Gerald; Seidel, Gabriele; Dierks, Marie-Luise

    2015-01-01

    Informing lay citizens about complex health-related issues and their related ethical, legal, and social aspects (ELSA) is one important component of democratic health care/research governance. Public information activities may be especially valuable when they are used in multi-staged processes that also include elements of information and deliberation. This paper presents a new model for a public involvement activity on ELSA (Ethics University) and evaluation data for a pilot event. The Ethics University is structurally based on the "patient university," an already established institution in some German medical schools, and the newly developed concept of "ethics literacy." The concept of "ethics literacy" consists of three levels: information, interaction, and reflection. The pilot project consisted of two series of events (lasting 4 days each). The thematic focus of the Ethics University pilot was ELSA of regenerative medicine. In this pilot, the concept of "ethics literacy" could be validated as its components were clearly visible in discussions with participants at the end of the event. The participants reacted favorably to the Ethics University by stating that they felt more educated with regard to the ELSA of regenerative medicine and with regard to their own abilities in normative reasoning on this topic. The Ethics University is an innovative model for public involvement and empowerment activities on ELSA theoretically underpinned by a concept for "ethics literacy." This model deserves further refinement, testing in other ELSA topics and evaluation in outcome research.

  8. Does environmental ethics found on natural law. Naturrechtliche Begruendung der Umweltethik

    Energy Technology Data Exchange (ETDEWEB)

    Irrgang, B.

    1991-08-09

    The author discusses various basic concepts of natural law; naturalistic and metaphysical fallacies, natural law and theory on human action developed by St. Thomas Aquinas. The author concludes by advocating an ethics for result assessment based on moral principles, and, in the case of environmental ethics in particular on justice (equal treatment, appropriateness, respect for those at a disadvantage and fairness between the gneerations). The same criterions should apply to matters concerning the ethics of energy generation, genetic engineering and economic and environmental ethics. (orig./HSCH).

  9. Health promotion, Islamic ethics and law in Iran

    Directory of Open Access Journals (Sweden)

    Bagher Larijani

    2006-03-01

    Full Text Available Health statistics demonstrate remarkable progresses in the field of primary health care and academic education in Iran within recent decades. Iran has also had obvious progresses in the field of research and the International publication rate of Iranian scientists has been quadrupled over the past decade. Progresses in biomedical researches have been associated with considerable activities in bioethics education, research and legislation. Organ transplantation, stem cell research, assisted reproductive technologies and genetics are some important instances of ethical debates in our country. "nIn this concise manuscript we intend to present some recent progresses in science and research in Iran. Considering importance of the bioethical issues, we will also review new legislations in the field of bioethics.

  10. The ethics of 'public understanding of ethics'--why and how bioethics expertise should include public and patients' voices.

    Science.gov (United States)

    Schicktanz, Silke; Schweda, Mark; Wynne, Brian

    2012-05-01

    "Ethics" is used as a label for a new kind of expertise in the field of science and technology. At the same time, it is not clear what ethical expertise consists in and what its political status in modern democracies can be. Starting from the "participatory turn" in recent social research and policy, we will argue that bioethical reasoning has to include public views of and attitudes towards biomedicine. We will sketch the outlines of a bioethical conception of "public understanding of ethics," addressing three different issues: (a) the methodological relevance of moral questions and problems raised by lay persons in everyday life regarding biomedicine and technology, (b) the normative relevance of such lay moralities for the justification of ethical decisions, and (c) the necessity of public deliberation in this context. Finally, we draw conclusions in view of the concepts and methods such a conception of "public understanding of ethics" should employ.

  11. Debating Diversity: Ethics and Controversial Public Issues

    Science.gov (United States)

    Darr, Christopher R.

    2016-01-01

    Courses: Ethics, Organizational Communication, Political Communication. Objectives: After completing this unit activity, students should be able to (1) apply multiple ethical perspectives to real-world diversity issues in a debate format, and (2) explain the role of informational and social category diversity in current controversies.

  12. Ethical implications of democratic theory for U.S. public participation in environmental impact assessment

    Energy Technology Data Exchange (ETDEWEB)

    Hourdequin, Marion, E-mail: Marion.Hourdequin@ColoradoCollege.edu [Aldo Leopold Wilderness Research Institute, Rocky Mountain Research Station, USDA Forest Service, 790 East Beckwith, Missoula, MT 59801 (United States); Department of Philosophy, Colorado College, 14 E. Cache La Poudre St., Colorado Springs, CO 80903 (United States); Landres, Peter [Aldo Leopold Wilderness Research Institute, Rocky Mountain Research Station, USDA Forest Service, 790 East Beckwith, Missoula, MT 59801 (United States); Hanson, Mark J. [Department of Philosophy, University of Montana, Missoula, MT 59812 (United States); Craig, David R. [Aldo Leopold Wilderness Research Institute, Rocky Mountain Research Station, USDA Forest Service, 790 East Beckwith, Missoula, MT 59801 (United States)

    2012-07-15

    Traditional mechanisms for public participation in environmental impact assessment under U.S. federal law have been criticized as ineffective and unable to resolve conflict. As these mechanisms are modified and new approaches developed, we argue that participation should be designed and evaluated not only on practical grounds of cost-effectiveness and efficiency, but also on ethical grounds based on democratic ideals. In this paper, we review and synthesize modern democratic theory to develop and justify four ethical principles for public participation: equal opportunity to participate, equal access to information, genuine deliberation, and shared commitment. We then explore several tensions that are inherent in applying these ethical principles to public participation in EIA. We next examine traditional NEPA processes and newer collaborative approaches in light of these principles. Finally, we explore the circumstances that argue for more in-depth participatory processes. While improved EIA participatory processes do not guarantee improved outcomes in environmental management, processes informed by these four ethical principles derived from democratic theory may lead to increased public engagement and satisfaction with government agency decisions. - Highlights: Black-Right-Pointing-Pointer Four ethical principles based on democratic theory for public participation in EIA. Black-Right-Pointing-Pointer NEPA and collaboration offer different strengths in meeting these principles. Black-Right-Pointing-Pointer We explore tensions inherent in applying these principles. Black-Right-Pointing-Pointer Improved participatory processes may improve public acceptance of agency decisions.

  13. Ethical implications of democratic theory for U.S. public participation in environmental impact assessment

    International Nuclear Information System (INIS)

    Hourdequin, Marion; Landres, Peter; Hanson, Mark J.; Craig, David R.

    2012-01-01

    Traditional mechanisms for public participation in environmental impact assessment under U.S. federal law have been criticized as ineffective and unable to resolve conflict. As these mechanisms are modified and new approaches developed, we argue that participation should be designed and evaluated not only on practical grounds of cost-effectiveness and efficiency, but also on ethical grounds based on democratic ideals. In this paper, we review and synthesize modern democratic theory to develop and justify four ethical principles for public participation: equal opportunity to participate, equal access to information, genuine deliberation, and shared commitment. We then explore several tensions that are inherent in applying these ethical principles to public participation in EIA. We next examine traditional NEPA processes and newer collaborative approaches in light of these principles. Finally, we explore the circumstances that argue for more in-depth participatory processes. While improved EIA participatory processes do not guarantee improved outcomes in environmental management, processes informed by these four ethical principles derived from democratic theory may lead to increased public engagement and satisfaction with government agency decisions. - Highlights: ► Four ethical principles based on democratic theory for public participation in EIA. ► NEPA and collaboration offer different strengths in meeting these principles. ► We explore tensions inherent in applying these principles. ► Improved participatory processes may improve public acceptance of agency decisions.

  14. Theoretical Models and Operational Frameworks in Public Health Ethics

    Science.gov (United States)

    Petrini, Carlo

    2010-01-01

    The article is divided into three sections: (i) an overview of the main ethical models in public health (theoretical foundations); (ii) a summary of several published frameworks for public health ethics (practical frameworks); and (iii) a few general remarks. Rather than maintaining the superiority of one position over the others, the main aim of the article is to summarize the basic approaches proposed thus far concerning the development of public health ethics by describing and comparing the various ideas in the literature. With this in mind, an extensive list of references is provided. PMID:20195441

  15. Theoretical Models and Operational Frameworks in Public Health Ethics

    Directory of Open Access Journals (Sweden)

    Carlo Petrini

    2010-01-01

    Full Text Available The article is divided into three sections: (i an overview of the main ethical models in public health (theoretical foundations; (ii a summary of several published frameworks for public health ethics (practical frameworks; and (iii a few general remarks. Rather than maintaining the superiority of one position over the others, the main aim of the article is to summarize the basic approaches proposed thus far concerning the development of public health ethics by describing and comparing the various ideas in the literature. With this in mind, an extensive list of references is provided.

  16. Attributes of ethical employees in Malaysian public sector ...

    African Journals Online (AJOL)

    This study aims to explore the attributes of ethical employees in public sector and to pattern match the attributes with human behavior, social and ethics theories. A qualitative research is used by focusing on first-order attributes (through interviews) and second-order concepts (using theories to explain the facts). This study ...

  17. [The 14/2006 law on human assisted reproduction techniques: scientific and ethical considerations].

    Science.gov (United States)

    Lacadena, Juan-Ramón

    2006-01-01

    The new Spanish Law on Artificial Human Reproduction Techniques is analyzed from the scientific, ethical and legal points of view, paying special attention to the preimplantational diagnosis and the experimental utilization of gametes and preembryos. Other items are also analyzed.

  18. Ethics On The Fly: Toward A Drone - Specific Code Of Conduct For Law Enforcement

    Science.gov (United States)

    2016-03-01

    Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202- 4302, and to the Office of Management and Budget... documentary evidence of ethical frameworks for UAS currently in use by law enforcement. A comparative policy analysis is then performed to identify...Using the case study method, this thesis considered documentary evidence of ethical frameworks for UAS currently in use by law enforcement. A

  19. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  20. [Utilitarianism or communitarianism as the foundation of public health ethics?].

    Science.gov (United States)

    Rauprich, O

    2008-02-01

    The goal of public health is to maximise health, and to promote the common good. These two assumptions frequently give rise to claims that public health is founded on utilitarian or communitarian ethics, respectively. In this paper, these claims are critically examined and rejected. It is neither plausible to assume utilitarian goals in public health nor to propose a utilitarian account of public health ethics. The idea of public health as health-related utilitarianism rests on a misconception of utilitarian ethics. Once this misconception is realised, the seeming appeal of public health to utilitarianism quickly fades. Communitarianism, in turn, fails to serve as a comprehensive and systematic ethical account. Some moderate appeals to more communal spirit for public health are well taken, although not exclusive communitarian. Other more extreme proposals of communitarians, e.g. to exercise public-health police power and public-health paternalism, are to be taken with great care. Thus, it is concluded that there is a need for an ethical foundation of public health different from both utilitarianism and communitarianism.

  1. The 2016 CIOMS guidelines and public-health research ethics

    African Journals Online (AJOL)

    2017-12-01

    Dec 1, 2017 ... CIOMS International Ethical Guidelines for Biomedical Research Involving ... mention of public health in relation to social value. • The new guideline 7, .... reports, can be obtained from conventional media sources such as.

  2. A Global Perspective on Public Relations Ethics: The Middle East.

    Science.gov (United States)

    Kruckeberg, Dean

    1996-01-01

    States that Moslem culture heavily influences much of Middle Eastern practice, and that contemporary public relations literature indicates that "ethical" public relations practices embrace a "two-way symmetrical" model. Describes a counterthesis that contends that public relations is culturally relative in both theories and…

  3. The History of Ethics (and Natural Law by Terence Irwin

    Directory of Open Access Journals (Sweden)

    Rafael Ramis Barceló

    2013-11-01

    Full Text Available This Review-Article tries to explain and contextualize the magnificent The Development of Ethics by Terence Irwin. It is a historiographical achievement in History of Ethics and this paper tries to present it to Spanish scholars. It is also a discussion of the main points of this work

  4. Professional and Ethical Conduct in the Public Sector

    Directory of Open Access Journals (Sweden)

    Thozamile Richard Mle

    2012-06-01

    Full Text Available One of the basic values and principles governing public administration enshrined in the Constitution of the Republic of South Africa, 1996 (Chapter 10 is that “a high standard of professional ethics must be promoted and maintained. Ethics is a process by which we clarify right and wrong and act on what we take to be right, that is, a set or system of moral principles that are generally accepted. Ethics simply means  what is right and wrong, what is acceptable or unacceptable and is intertwined with the value system of people. Ethics can also be seen as being relative, not absolute, as ethical behaviour is in the eyes of the beholder. Be that as it may, however, ethical conduct and behaviour normally refer to conforming with generally accepted social norms. Relative to ethics is professionalism, which entails a high standard of work and adherence to certain standards and principles pertaining to specific work to be done. Professionalism embodies skills, competence, efficiency and effectiveness. Public institutions exist for the public good and employ public servants to render services to ensure a better life for all. The public sector is characterised by unprofessional and unethical conduct. The article unearths these and suggests strategies/mechanisms to address this ‘ill’. Can an unethical,  unprofessional public servant be trusted to deliver services? Can, for example, a debt-trapped public servant who survives on borrowing money from micro-lenders, who cannot manage personal finances, be trusted to efficiently manage public funds and thus enhance service delivery? Can an incompetent, corrupt, disloyal, unaccountable, shoddy public servant who flouts the principles of Batho Pele and the code of conduct be entrusted with the  responsibilities of ensuring a better life for all? The answers to these questions constitute the core of this article.

  5. Ethics literacy and 'ethics university'. Two intertwined models for public involvement and empowerment in bioethics

    Directory of Open Access Journals (Sweden)

    Daniel eStrech

    2016-02-01

    Full Text Available Background: Informing lay citizens about complex health-related issues and their related ethical, legal and social aspects (ELSA is one important component of democratic health care/research governance. Public information activities may be especially valuable when they are used in multi-staged processes that also include elements of information and deliberation. Objectives: This paper presents a new model for a public involvement activity on ELSA (ethics university and evaluation data for a pilot event. Methods: The ethics university is structurally based on the ‘patient university’, an already established institution in some German medical schools, and the newly developed concept of ‘ethics literacy’. The concept of ‘ethics literacy’ consists of three levels: information, interaction, and reflection. The pilot project consisted of two series of events (lasting four days each.Results: The thematic focus of the ethics university pilot was ELSA of regenerative medicine. In this pilot the concept of ‘ethics literacy’ could be validated as its components were clearly visible in discussions with participants at the end of the event. The participants reacted favorably to the ethics university by stating that they felt more educated with regard to the ELSA of regenerative medicine and with regard to their own abilities in normative reasoning on this topic.Conclusion: The ethics university is an innovative model for public involvement and empowerment activities on ELSA theoretically underpinned by a concept for ‘ethics literacy’. This model deserves further refinement, testing in other ELSA topics and evaluation in outcome research .

  6. Law in the laboratory a guide to the ethics of federally funded science research

    CERN Document Server

    Charrow, Robert P

    2010-01-01

    The National Institutes of Health and the National Science Foundation together fund more than $40 billon of research annually in the United States and around the globe. These large public expenditures come with strings, including a complex set of laws and guidelines that regulate how scientists may use NIH and NSF funds, how federally funded research may be conducted, and who may have access to or own the product of the research. Until now, researchers have had little instruction on the nature of these laws and how they work. But now, with Robert P. Charrow’s Law in the Laboratory, they have a readable and entertaining introduction to the major ethical and legal considerations pertaining to research under the aegis of federal science funding. For any academic whose position is grant funded, or for any faculty involved in securing grants, this book will be an essential reference manual. And for those who want to learn how federal legislation and regulations affect laboratory research, Charrow’s primer wil...

  7. How the "Public Relations Journal" Responds to Criticism of Public Relations Ethics: A Qualitative Approach.

    Science.gov (United States)

    Olasky, Marvin N.

    A quantitative analysis of 40 years of articles appearing in the "Public Relations Journal" was made to determine how the journal has responded to ethical criticism of public relations over the years. While 17% of the articles during one eight-year period discussed questions touching on ethics in some way, quantitative analytical tools…

  8. Population risk and subjective public law in atomic energy law

    International Nuclear Information System (INIS)

    Winter, G.

    1979-01-01

    On the basis of jurisdiction in atomic law and in other planning and immission laws, the author deals with the question whether a plaintiff can base his action against a nuclear licence on the fact that the general population risk is very high around the chosen site or because of the type of reactors. Even if jurisdiction negates this question because of the function of the administrative-judicial legal protection (individual involvement), it nevertheless regards it as neccessary with the increasing number and size of NPPs, to make the general population risk accessable to actions. The author critically deals with the protection norm theory of the legal dogmatics and that of the practical jurisdiction. He suggests to replace the 'Nachbarklagen' model in atomic laws by a model of 'Eingriffsverwaltung' and to regard the licences primarily as tolerance declarations to the neighbourhood and secondarily as favouring administrative actions. (UN) [de

  9. Theological ethics, moral philosophy, and public moral discourse.

    Science.gov (United States)

    Jonsen, Albert R

    1994-03-01

    The advent and growth of bioethics in the United States in the late 1960s and early 1970s precipitated an era of public moral discourse, that is, the deliberate attempt to analyze and formulate moral argument for use in public policy. The language for rational discussion of moral matters evolved from the parent disciplines of moral philosophy and theological ethics, as well as from the idioms of a secular, pluralistic world that was searching for policy answers to difficult bioethical questions. This article explores the basis and content of the unique contributions of both theological and philosophical ethics to the development of public moral discourse.

  10. The patentability of living organisms between science, law and ethics.

    Science.gov (United States)

    Frati, L; Foà, R; Frati, P

    1999-01-01

    The approval on May 1998 of the European Union (EU) directive on the legal protection of biotechnological inventions has aligned Europe to the international trend about the patenting of biotechnologies. Many questions are still unresolved, i.e. the differences between the article 53b of the European Patent Convention (EPC), which prohibits patenting of plants and animal varieties, whereas the directive states that Oinvention whose object are plants or animals may be patented if the practicability of the invention is not technically confined to a particular plant or animal varietyO (article 12). Again, the interpretation of plants or animal species specificity and that on the threatening public order and morality (which inhibits patenting) may have doubtful interpretations, according to the different EU States morality and law (e.g. Denmark does not admit patentability of transgenic animals). Despite difficulties, biotechnology Research and Development for applications to medicine, veterinary sciences, agriculture and foods is continuously growing. Bioethical independent evaluations of the applications of biotechnologies and of their side-effects (risk for biodiversity of plants and animals, safety of procedures to save mankind, respect of human dignity and of fundamental human rights, etc.) are mandatory to link the interests of science and industrial productions together with those of mankind. This is the original meaning given by van Potter to the word bioethics, as a bridge to the future.

  11. Dewey's Ethical Justification for Public Deliberation Democracy

    Science.gov (United States)

    Shook, John

    2013-01-01

    Interpretations of John Dewey's political theory grasp his respect for public deliberation, but typically overlook his ethical justification for democracy. Dewey gave two primary reasons why democracy is superior to other forms of government. First, a public educated in the tools of social intelligence can be more effective at managing their…

  12. Ethical Issues in Public Health Practice in Michigan

    Science.gov (United States)

    Gollust, Sarah E.; Goold, Susan D.; Jacobson, Peter D.

    2009-01-01

    Objectives. We sought to ascertain the types of ethical challenges public health practitioners face in practice and to identify approaches used to resolve such challenges. Methods. We conducted 45 semistructured interviews with public health practitioners across a range of occupations (e.g., health officers, medical directors, sanitarians, nurses) at 13 health departments in Michigan. Results. Through qualitative analysis, we identified 5 broad categories of ethical issues common across occupations and locations: (1) determining appropriate use of public health authority, (2) making decisions related to resource allocation, (3) negotiating political interference in public health practice, (4) ensuring standards of quality of care, and (5) questioning the role or scope of public health. Participants cited a variety of values guiding their decision-making that did not coalesce around core values often associated with public health, such as social justice or utilitarianism. Public health practitioners relied on consultations with colleagues to resolve challenges, infrequently using frameworks for decision-making. Conclusions. Public health practitioners showed a nuanced understanding of ethical issues and navigated ethical challenges with minimal formal assistance. Decision-making guides that are empirically informed and tailored for practitioners might have some value. PMID:19059850

  13. Public Supervision over Private Relationships : Towards European Supervision Private Law?

    NARCIS (Netherlands)

    Cherednychenko, O.O.

    2014-01-01

    The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of

  14. Moral Responsibility and Legal Liability, or, Ethics Drives the Law

    Science.gov (United States)

    McGowan, Richard J.; Buttrick, Hilary G.

    2015-01-01

    As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to…

  15. Spot on for liars! How public scrutiny influences ethical behavior.

    Science.gov (United States)

    Ostermaier, Andreas; Uhl, Matthias

    2017-01-01

    We examine whether people are more honest in public than in private. In a laboratory experiment, we have subjects roll dice and report outcomes either in public or in private. Higher reports yield more money and lies cannot be detected. We also elicit subjects' ethical mindsets and their expectations about others' reports. We find that outcome-minded subjects lie less in public to conform with their expectations about others' reports. Ironically, these expectations are false. Rule-minded subjects, in turn, do not respond to public scrutiny. These findings challenge the common faith in public scrutiny to promote ethical behavior. While public scrutiny eventually increases honesty, this effect is contingent on people's mindsets and expectations.

  16. Spot on for liars! How public scrutiny influences ethical behavior.

    Directory of Open Access Journals (Sweden)

    Andreas Ostermaier

    Full Text Available We examine whether people are more honest in public than in private. In a laboratory experiment, we have subjects roll dice and report outcomes either in public or in private. Higher reports yield more money and lies cannot be detected. We also elicit subjects' ethical mindsets and their expectations about others' reports. We find that outcome-minded subjects lie less in public to conform with their expectations about others' reports. Ironically, these expectations are false. Rule-minded subjects, in turn, do not respond to public scrutiny. These findings challenge the common faith in public scrutiny to promote ethical behavior. While public scrutiny eventually increases honesty, this effect is contingent on people's mindsets and expectations.

  17. Public titles of clinical trials should have ethics review.

    Science.gov (United States)

    Saenz, Carla; Reveiz, Ludovic; Tisdale, John F

    2015-09-01

    A key aspect to guarantee that research with human subjects is ethical is being overlooked. Ethics review committees invest great effort examining the informed consent documents of research protocols to ensure that potential participants can provide consent validly and are not deluded into thinking that the experimental intervention they may sign up for is already known to be therapeutic. However, these efforts to avoid what is called the "therapeutic misconception" might be in vain if the title with which the studies are being introduced to the potential participants escapes ethics review. Research participants might be deceived by clinical trials entitled "novel therapy" when the point of the trial is precisely to find out whether the intervention at stake is therapeutic or not. Providing potential research participants with such misleading information hampers their ability to make informed decisions. The well-established scrutiny that ethics review committees exercise with regard to consent forms is limited if the registration of clinical trials, for which a public title is chosen, constitutes a process that is independent from the ethics review. In this article, we examine this problem, assess recent measures to integrate clinical trial registration with ethics review processes, and provide specific recommendations to solve the problem and ultimately enhance the accountability, transparency, and ethics of research with human subjects. Copyright © 2015 Pan American Health Organization. Published by Elsevier Inc. All rights reserved.

  18. Ethics of Tax Law Compliance: An Interdisciplinary Perspective

    Science.gov (United States)

    Cummings, Richard G.; Longo, Peter J.; Rioux, Jean W.

    2012-01-01

    The first semester Tax I student seems to be interested in the ethical issue of why citizens should report their income and only take legitimate tax deductions when it is unlikely that anyone will ever know. This paper addresses this issue from an interdisciplinary approach of accounting, philosophy, and political science. The accounting…

  19. Co-Evolution: Law and Institutions in International Ethics Research

    NARCIS (Netherlands)

    Millar-Schijf, Carla C.J.M.; Cheng, Philip Y.K.; Choi, Chong-Ju

    2009-01-01

    Despite the importance of the co-evolution approach in various branches of research, such as strategy, organisation theory, complexity, population ecology, technology and innovation (Lewin et al., 1999; March, 1991), co-evolution has been relatively neglected in international business and ethics

  20. Towards improvement of ethics in the public sector in Zimbabwe

    Directory of Open Access Journals (Sweden)

    Daniel Chigudu

    2015-03-01

    Full Text Available In Zimbabwe reports of abuse of public office have manifested in various forms resulting in public outcry; poor service delivery, and government losing millions of dollars. This study aims to undertake a reflective inquiry on the ethical conduct in the Zimbabwean public sector through content and process analysis in order to provide intervention mechanisms to the problem. Statistical analysis of corruption level is made to benefit the study. Results indicated some legislative gaps and an incapacitated Anti-Corruption Commission which has been unable to execute its mandate fully. Most senior public officials and politicians appear to have too much power and authority with no checks and balances in place. Practical implications of the widespread unethical practices call for the government to plug the glaring legislative gaps; take stern measures against offenders; empowering the Anti-Corruption Commission; term limits for senior public officials as well as for political appointments; and motivating political will to uphold ethical leadership. The recommendations will open a window for the Zimbabwean government and administrators to view how some advanced economies have propped up ethical behaviour in the public sector. It is the way to go for ailing economies like Zimbabwe. The paper demonstrated the importance of ethical awareness in another political and economic setting-Zimbabwe.

  1. Ethical practice of social media in public relations

    CERN Document Server

    DiStaso, Marcia W

    2014-01-01

    Given the high rate of social media use by the public, organizations are compelled to engage with key audiences through these outlets. Social media engagement requires organizations to actively participate with public groups, and this highly-interactive exchange raises a new set of ethical concerns for communicators. In this rapidly changing communications environment, the long-term implications of social media are uncertain, and this book provides the much needed research to understand its impact on audiences and organizations.Through an examination of a broad range of ethics concepts includi

  2. Barcelona 2002: law, ethics, and human rights. Using the law to improve access to treatments.

    Science.gov (United States)

    Elliott, Richard; Parmar, Sharan; Divan, Vivek; Berger, Jonathan

    2002-12-01

    The XIII International AIDS Conference in Durban, South Africa in July 2000 focused worldwide attention on the problem of accessing treatments in developing countries. In the interim, thanks to the work of activists - from demonstrations to court cases, and from acts of public courage by people living with HIV/AIDS to ongoing lobbying of politicians and trade negotiators - some very significant developments have occurred. But the reality is that the vast majority of people living with HIV/AIDS still lack access to affordable, quality medicines. This article, a summary of a paper presented at "Putting Third First: Vaccines, Access to Treatments and the Law," a satellite meeting held at Barcelona on 5 July 2002 and organized by the Canadian HIV/AIDS Legal Network, the AIDS Law Project, South Africa, and the Lawyers Collective HIV/AIDS Unit, India, explores three approaches for improving access. In the first part, Richard Elliott provides an overview of the state of the right to health as embodied in international human rights law; comments on the experience to date in litigating claims to the right to health; and identifies potential strategies activists can adopt to advance recognition of the right to health. In the second part, Sharan Parmar and Vivek Divan describe price-control and drug-financing mechanisms used by industrialized countries to increase the affordability of medicines; and discuss how some of these mechanisms could be adapted for use in developing countries. Finally, Jonathan Berger describes the use of litigation in the courts by the Treatment Action Campaign in South Africa.

  3. Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

    Science.gov (United States)

    Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

    2009-03-01

    Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

  4. Ethics, big data and computing in epidemiology and public health.

    Science.gov (United States)

    Salerno, Jennifer; Knoppers, Bartha M; Lee, Lisa M; Hlaing, WayWay M; Goodman, Kenneth W

    2017-05-01

    This article reflects on the activities of the Ethics Committee of the American College of Epidemiology (ACE). Members of the Ethics Committee identified an opportunity to elaborate on knowledge gained since the inception of the original Ethics Guidelines published by the ACE Ethics and Standards of Practice Committee in 2000. The ACE Ethics Committee presented a symposium session at the 2016 Epidemiology Congress of the Americas in Miami on the evolving complexities of ethics and epidemiology as it pertains to "big data." This article presents a summary and further discussion of that symposium session. Three topic areas were presented: the policy implications of big data and computing, the fallacy of "secondary" data sources, and the duty of citizens to contribute to big data. A balanced perspective is needed that provides safeguards for individuals but also furthers research to improve population health. Our in-depth review offers next steps for teaching of ethics and epidemiology, as well as for epidemiological research, public health practice, and health policy. To address contemporary topics in the area of ethics and epidemiology, the Ethics Committee hosted a symposium session on the timely topic of big data. Technological advancements in clinical medicine and genetic epidemiology research coupled with rapid advancements in data networks, storage, and computation at a lower cost are resulting in the growth of huge data repositories. Big data increases concerns about data integrity; informed consent; protection of individual privacy, confidentiality, and harm; data reidentification; and the reporting of faulty inferences. Copyright © 2017 Elsevier Inc. All rights reserved.

  5. Coded Statutory Data Sets for Evaluation of Public Health Law

    Science.gov (United States)

    Costich, Julia Field

    2012-01-01

    Background and objectives: The evaluation of public health law requires reliable accounts of underlying statutes and regulations. States often enact public health-related statutes with nonuniform provisions, and variation in the structure of state legal codes can foster inaccuracy in evaluating the impact of specific categories of law. The optimal…

  6. Sex Offenders Seeking Treatment for Sexual Dysfunction--Ethics, Medicine, and the Law.

    Science.gov (United States)

    Phillips, Elizabeth A; Rajender, Archana; Douglas, Thomas; Brandon, Ashley F; Munarriz, Ricardo

    2015-07-01

    The treatment of sexual dysfunction in patients with prior sexual offenses poses ethical and legal dilemmas. Sex offenders are not obligated by law to disclose this history to medical professionals. Over 20% of sex offenders experience sexual dysfunction; however, the number of sex offenders seeking evaluation for sexual dysfunction is unknown. The aims of this study were to determine the incidence and characteristics of sex offenders seeking treatment in our clinic; and to review data regarding sex offender recidivism and ethics pertaining to the issue as it relates to treating physicians. Sex offenders were identified via three methods: new patient screening in a dedicated sexual medicine clinic, chart review of those on intracavernosal injection (ICI) therapy for erectile dysfunction (ED), and review of patient's status-post placement of penile prosthesis. Charts were cross-referenced with the U.S. Department of Justice National Sex Offender Public Website. Patient characteristics and details of offenses were collected. The main outcome measures used were a self-reported sexual offense and national registry data. Eighteen male sex offenders were identified: 13 via new patient screening; 3 by review of ICI patients; 1 by review of penile prosthesis data; and 1 prior to penile prosthesis placement. All were primarily referred for ED. Of those with known offenses, 64% were level 3 offenders (most likely to re-offend). The same number had committed crimes against children. All those with complete data had multiple counts of misconduct (average 3.6). Ninety-four percent (17/18) had publicly funded health care. Twelve (67%) were previously treated for sexual dysfunction. Registered sex offenders are seeking and receiving treatment for sexual dysfunction. It is unknown whether treatment of sexual dysfunction increases the risk of recidivism of sexual offenses. Physicians currently face a difficult choice in deciding whether to treat sexual dysfunction in sex

  7. EUTHANASIA - A STUDY OF LAW, POLICY AND ETHICS

    Directory of Open Access Journals (Sweden)

    Zachariah

    2015-08-01

    Full Text Available Physician assisted suicide (PAS and Euthanasia as it is now known, is essentially the doctrine that when, owing to disease, senility or the like, a person’s life has permanently ceased to be either agreeable or useful , the sufferer should be painlessly killed either by himself or by another. The intentional termination of patient’s life in such a situation by an act or omission of medical care is called euthanasia or mercy killing. This is the most active area of research in contemporary bio ethics. The present article is aimed to have a global overview regarding legalization of euthanasia and the current Indian scenari o, legally and ethically regarding this issue

  8. Ethics and law in the intensive care unit.

    Science.gov (United States)

    Danbury, C M; Waldmann, C S

    2006-12-01

    Intensive Care Medicine epitomises the difficulties inherent in modern medicine. In this chapter we examine some key medicolegal and ethical areas that are evolving. The principles of autonomy and consent are well established, but developments in UK caselaw have shown that the courts may be moving away from their traditional deference of the medical profession. We examine some recent cases and discuss the impact that these cases may have on practice in Intensive Care.

  9. The Whys and Hows of Certification. Public Librarian Certification Law.

    Science.gov (United States)

    Wisconsin State Dept. of Public Instruction, Madison. Div. of Library Services.

    Under Wisconsin state law (Administrative Code P1-6.03) any librarian employed in a public library system or any municipal public library, except in a city of the first class, supported in whole or in part by public funds, must hold state certification. Qualifications are delineated for three grades of certification: grade 1, for public libraries…

  10. Differences in Ethical Standards: Factoring in the Cultural Expectation in Public Relations Education.

    Science.gov (United States)

    Neff, Bonita Dostal

    Focusing on ethics in public relations from a multicultural point of view brings together elements which are critical to international public relations. The Public Relations-Ethics-Multicultural (PREM) model illustrates that articles can be found in the literature on ethics, public relations, and multicultural as individual concepts. The…

  11. Focus on Ethics and Public Relations Practice in a University Classroom

    Science.gov (United States)

    Smudde, Peter M.

    2011-01-01

    Public relations action relies on sound decision making about how to inspire cooperation between an organization and its publics. Such thinking must uphold principles for ethical communication. Effectively combining ethics with public relations practice for students is key. A pedagogical approach to public relations ethics, hinging on selected…

  12. You Need a Code of Ethics! Not Your Publication, You!

    Science.gov (United States)

    Eveslage, Thomas

    2003-01-01

    Proposes that student journalists should clarify in writing journalism standards that characterize their publication and the moral reasoning guiding the staff. Contends that responsible journalism also requires a statement of personal values that helps define ethical behavior even when a staff member is not in journalism class or working on the…

  13. Ethical aspects of face recognition systems in public places.

    NARCIS (Netherlands)

    Brey, Philip A.E.

    2004-01-01

    This essay examines ethical aspects of the use of facial recognition technology for surveillance purposes in public and semipublic areas, focusing particularly on the balance between security and privacy and civil liberties. As a case study, the FaceIt facial recognition engine of Identix

  14. Paternalism & Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health

    Science.gov (United States)

    Jones, Marian Moser; Bayer, Ronald

    2007-01-01

    The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists’ advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering. PMID:17194856

  15. The Ethical Justification of the Thesis that Separates Law from Morality Through John Austin

    Directory of Open Access Journals (Sweden)

    Galvão Rabelo

    2015-12-01

    Full Text Available The british legal philosopher John Austin stands at the threshold of the evolution of the legal positivist tradition. His work, which dates back to the first half of the 19th century, was especially important to establish the basic elements of this school of legal understanding. Among his contributions to the legal positivist doctrine, lies the creation of the thesis that separates morality from law. Under an ethical context, however, John Austin was an ardent utilitarian who defended the use of the principle of utility as the only rational criteria for the unveiling of superior moral standards (divine laws. Considering both dimensions of his understanding, it has long been wondered if his utilitarian ethics have influenced, somehow, his legal theory, especially in regards to the separation thesis. Said thesis, which is in the center of the legal positivist tradition, has been interpreted in different ways in contemporary legal debate. A particular branch, called ethical positivism, opened new perspectives to the study of this tradition, defending the legal positivism theory as a morally satisfactory theoretical model for the contemporary legal systems. Hence, using the main premise of ethical positivism (which states that there are moral reasons to defend the separation thesis as an interprative and methodological tool, this paper plans on revisiting the link between John Austins legal and ethical convictions, in order to comprehend what were the moral reasons which led him to defend the separation of what law is and what it should be.

  16. Influence of Course in Medical Ethics and Law on Career Plans of Medical Students

    Science.gov (United States)

    Cheng, Shi-Yann; Lin, Lih-Hwa; Kao, Chung-Han; Chan, Tzu-Min

    2015-01-01

    Background: The significant increase in medical disputes and lawsuits in recent years in Taiwan has severely affected behavior and ecology in medical practice. For this reason, we designed integrated courses on ethics and law and conducted a questionnaire-based career plan study to understand whether these issues influence their specialty…

  17. Law Enforcement and Emergency Medicine: An Ethical Analysis.

    Science.gov (United States)

    Baker, Eileen F; Moskop, John C; Geiderman, Joel M; Iserson, Kenneth V; Marco, Catherine A; Derse, Arthur R

    2016-11-01

    Emergency physicians frequently interact with law enforcement officers and patients in their custody. As always, the emergency physician's primary professional responsibility is to promote patient welfare, and his or her first duty is to the patient. Emergency physicians should treat criminals, suspects, and prisoners with the same respect and attention they afford other patients while ensuring the safety of staff, visitors, and other patients. Respect for patient privacy and protection of confidentiality are of paramount importance to the patient-physician relationship. Simultaneously, emergency physicians should attempt to accommodate law enforcement personnel in a professional manner, enlisting their aid when necessary. Often this relates to the emergency physician's socially imposed duties, governed by state laws, to report infectious diseases, suspicion of abuse or neglect, and threats of harm. It is the emergency physician's duty to maintain patient confidentiality while complying with Health Insurance Portability and Accountability Act regulations and state law. Copyright © 2016 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

  18. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

    International Nuclear Information System (INIS)

    Lohse, S.; Doerner, E.

    1992-01-01

    The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

  19. Readiness of ethics review systems for a changing public health landscape in the WHO African Region.

    Science.gov (United States)

    Motari, Marion; Ota, Martin Okechukwu; Kirigia, Joses Muthuri

    2015-12-02

    The increasing emphasis on research, development and innovation for health in providing solutions to the high burden of diseases in the African Region has warranted a proliferation of studies including clinical trials. This changing public health landscape requires that countries develop adequate ethics review capacities to protect and minimize risks to study participants. Therefore, this study assessed the readiness of national ethics committees to respond to challenges posed by a globalized biomedical research system which is constantly challenged by new public health threats, rapid scientific and technological advancements affecting biomedical research and development, delivery and manufacture of vaccines and therapies, and health technology transfer. This is a descriptive study, which used a questionnaire structured to elicit information on the existence of relevant national legal frameworks, mechanisms for ethical review; as well as capacity requirements for national ethics committees. The questionnaire was available in English and French and was sent to 41 of the then 46 Member States of the WHO African Region, excluding the five Lusophone Member States. Information was gathered from senior officials in ministries of health, who by virtue of their offices were considered to have expert knowledge of research ethics review systems in their respective countries. Thirty three of the 41 countries (80.5 %) responded. Thirty (90.9 %) of respondent countries had a national ethics review committee (NEC); 79 % of which were established by law. Twenty-five (83.3 %) NECs had secretarial and administrative support. Over 50 % of countries with NECs indicated a need for capacity strengthening through periodic training on international guidelines for health research (including clinical trials) ethics; and allocation of funds for administrative and secretariat support. Despite the existing training initiatives, the Region still experiences a shortage of professionals

  20. Xenotransplantation: science, ethics, and public policy

    National Research Council Canada - National Science Library

    Committee on Xenograft, Transplantation Institute; Institute of Medicine

    ... Division of Health Sciences Policy Division of Health Care Services INSTITUTE OF MEDICINE NATIONAL ACADEMY PRESS Washington, D.C. 1996 Copyrightoriginal retained, the be not from cannot book, paper original however, for version formatting, authoritative the typesetting-specific created from the as publication files other XML and from this of recomp...

  1. The private – public law divide

    DEFF Research Database (Denmark)

    Gyldenløve Jeppesen-de Boer, Christina; Kronborg, Annette; Svendsen, Idamarie Leth

    2013-01-01

    . The inconsistencies stemming from it are demonstrated and it is shown how they imply a legal design more preoccupied with traditional divisions of power and positions than with an interest in the reality of the people it is aimed at. In the article it is argued from within the best ingerest principle...... that the historical development neccessitates a re-thinking of the distinction between child welfare law and family law. It shows how the distinction is nationally and institutionally embedded. Further, that the distinction has only been superficially adressed by the CRC Committee....

  2. The ethics of communicative process: Discourse, otherness, and public space

    Directory of Open Access Journals (Sweden)

    Ângela Cristina Salgueiro Marques

    2011-09-01

    Full Text Available The aim of this paper is to reflect on ethical-moral questions that are present in different dimensions of the contemporary communicative processes. At a first moment, I explain how Habermas defines the concept of discourse ethics witch is capable to allow the articulation and negotiation among the plurality of points of view and citizens in the current societies. In addition, I confer prominence to the role media play in the interconnection of different audiences and dispersed speeches in order to guarantee possibilities of renewal of collective debates in the public sphere. I therefore propose that an ethics of communication instead of be restrained to media devices and its operative dynamics, should consider their connections with citizens’ concrete practices and experiences.

  3. ESHRE Task Force on Ethics and Law 21: genetic screening of gamete donors: ethical issues.

    Science.gov (United States)

    Dondorp, W; De Wert, G; Pennings, G; Shenfield, F; Devroey, P; Tarlatzis, B; Barri, P; Diedrich, K; Eichenlaub-Ritter, U; Tüttelmann, F; Provoost, V

    2014-07-01

    This Task Force document explores the ethical issues involved in the debate about the scope of genetic screening of gamete donors. Calls for expanded donor screening arise against the background of both occasional findings of serious but rare genetic conditions in donors or donor offspring that were not detected through present screening procedures and the advent of new genomic technologies promising affordable testing of donors for a wide range of conditions. Ethical principles require that all stakeholders' interests are taken into account, including those of candidate donors. The message of the profession should be that avoiding all risks is impossible and that testing should remain proportional.

  4. [Wild animals and law and ethics in France].

    Science.gov (United States)

    Nouët, Jean-Claude

    2013-01-01

    Legal systems applying to wild animals are very different depending on whether the animals are in captivity or under human control, or whether they are in the wild. Animals in captivity, like domesticated animals, are covered by protective measures for the welfare of the individual animal, but wild animals are not considered as individuals but only as members of a species, their numbers being controlled by humans and determined by human interests. In the light of contemporary scientific knowledge, such legal approaches are now inappropriate and can no longer be accepted for ethical reasons. The legal systems need to develop and must include a definition of the animal as an individual and as a sentient being.

  5. Law, Ethics, and Conversations between Physicians and Patients about Firearms in the Home.

    Science.gov (United States)

    McCourt, Alexander D; Vernick, Jon S

    2018-01-01

    Firearms in the home pose a risk to household members, including homicide, suicide, and unintentional deaths. Medical societies urge clinicians to counsel patients about those risks as part of sound medical practice. Depending on the circumstances, clinicians might recommend safe firearm storage, temporary removal of the firearm from the home, or other measures. Certain state firearm laws, however, might present legal and ethical challenges for physicians who counsel patients about guns in the home. Specifically, we discuss state background check laws for gun transfers, safe gun storage laws, and laws forbidding physicians from engaging in certain firearm-related conversations with their patients. Medical professionals should be aware of these and other state gun laws but should offer anticipatory guidance when clinically appropriate. © 2018 American Medical Association. All Rights Reserved.

  6. Public health accreditation and metrics for ethics: a case study on environmental health and community engagement.

    Science.gov (United States)

    Bernheim, Ruth Gaare; Stefanak, Matthew; Brandenburg, Terry; Pannone, Aaron; Melnick, Alan

    2013-01-01

    As public health departments around the country undergo accreditation using the Public Health Accreditation Board standards, the process provides a new opportunity to integrate ethics metrics into day-to-day public health practice. While the accreditation standards do not explicitly address ethics, ethical tools and considerations can enrich the accreditation process by helping health departments and their communities understand what ethical principles underlie the accreditation standards and how to use metrics based on these ethical principles to support decision making in public health practice. We provide a crosswalk between a public health essential service, Public Health Accreditation Board community engagement domain standards, and the relevant ethical principles in the Public Health Code of Ethics (Code). A case study illustrates how the accreditation standards and the ethical principles in the Code together can enhance the practice of engaging the community in decision making in the local health department.

  7. Lex genetica: the law and ethics of programming biological code.

    Science.gov (United States)

    Burk, Dan L

    2002-01-01

    Recent advances in genetic engineering now allow the design of programmable biological artifacts. Such programming may include usage constraints that will alter the balance of ownership and control for biotechnology products. Similar changes have been analyzed in the context of digital content management systems, and while this previous work is useful in analyzing issues related to biological programming, the latter technology presents new conceptual problems that require more comprehensive evaluation of the interplay between law and technologically embedded values. In particular, the ability to embed contractual terms in technological artifacts now requires a re-examination of disclosure and consent in transactions involving such artifacts.

  8. Prevailing public perceptions of the ethics of gene therapy.

    Science.gov (United States)

    Robillard, Julie M; Roskams-Edris, Dylan; Kuzeljevic, Boris; Illes, Judy

    2014-08-01

    Gene therapy research is advancing rapidly, and hopes of treating a large number of brain disorders exist alongside ethical concerns. Most surveys of public attitudes toward these ethical issues are already dated and the content of these surveys has been researcher-driven. To examine current public perceptions, we developed an online instrument that is responsive and relevant to the latest research about ethics, gene therapy, and the brain. The 16-question survey was launched with the platform Amazon Mechanical Turk and was made available to residents of Canada and the United States. The survey was divided into six themes: (1) demographic information, (2) general opinions about gene therapy, (3) medical applications of gene therapy, (4) identity and moral/belief systems, (5) enhancement, and (6) risks. We received and analyzed responses from a total of 467 participants. Our results show that a majority of respondents (>90%) accept gene therapy as a treatment for severe illnesses such as Alzheimer disease, but this receptivity decreases for conditions perceived as less severe such as attention deficit hyperactivity disorder (79%), and for nontherapeutic applications (47%). The greatest area of concern for the application of gene therapy to brain conditions is the fear of not receiving sufficient information before undergoing the treatment. The main ethical concerns with enhancement were the potential for disparities in resource allocation, access to the procedure, and discrimination. When comparing these data with those from the 1990s, our findings suggest that the acceptability of gene therapy is increasing and that this trend is occurring despite lingering concerns over ethical issues. Providing the public and patients with up-to-date information and opportunities to engage in the discourse about areas of research in gene therapy is a priority.

  9. A Critical Review of the Proposed Palestinian Public Debt Law

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

    JIHAD

    borrow from external or domestic resources to finance the gap between revenues and ... the Bir Zeit University Institute of Law, who evaluated the study. I would ... service its public debt is shaped by the capital market constraints it faces,.

  10. Ethics, Law and Professional Issues Gallagher Ann and Hodge Sue Ethics, Law and Professional Issues 192pp £20.99 Palgrave Macmillan 9780230279940 0230279945 [Formula: see text].

    Science.gov (United States)

    2014-10-01

    THE EDITORS provide a sound introduction to ethics, law and professional issues in health care. Scenarios before each chapter help the reader to digest and comprehend the information. My only criticism is that it is not directly relevant to nursing alone. Although there is some benefit in being aware of how other practitioners may be affected by these issues, another book aimed at nurses would be more appropriate. Later chapters about responding to unprofessional practice and promoting professional healthcare practice may be of more interest to nursing students and recently qualified healthcare professionals.

  11. Consent, Refusal, and Waivers in Patient-Centered Dysphagia Care: Using Law, Ethics, and Evidence to Guide Clinical Practice.

    Science.gov (United States)

    Horner, Jennifer; Modayil, Maria; Chapman, Laura Roche; Dinh, An

    2016-11-01

    When patients refuse medical or rehabilitation procedures, waivers of liability have been used to bar future lawsuits. The purpose of this tutorial is to review the myriad issues surrounding consent, refusal, and waivers. The larger goal is to invigorate clinical practice by providing clinicians with knowledge of ethics and law. This tutorial is for educational purposes only and does not constitute legal advice. The authors use a hypothetical case of a "noncompliant" individual under the care of an interdisciplinary neurorehabilitation team to illuminate the ethical and legal features of the patient-practitioner relationship; the elements of clinical decision-making capacity; the duty of disclosure and the right of informed consent or informed refusal; and the relationship among noncompliance, defensive practices, and iatrogenic harm. We explore the legal question of whether waivers of liability in the medical context are enforceable or unenforceable as a matter of public policy. Speech-language pathologists, among other health care providers, have fiduciary and other ethical and legal obligations to patients. Because waivers try to shift liability for substandard care from health care providers to patients, courts usually find waivers of liability in the medical context unenforceable as a matter of public policy.

  12. Public Values in Water Law: A Case of Substantive Fragmentation?

    OpenAIRE

    Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

    2014-01-01

    Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various institutional levels. This article assesses whether there is substantive fragmentation in water law at the international, the European, the sub-regional (Danube River Basin), and the Dutch domestic level. ...

  13. The development of professional and ethical competence of public servants

    Directory of Open Access Journals (Sweden)

    Angela ZELENSCHI

    2017-09-01

    Full Text Available In this article the author addresses the issue of the development of professional and ethical competence of public workers in the context of public administration reform. The concept of competence is complex, being approached them different perspectives. There are two main approaches in researching this phenomenon: sociological and psychological. Each of the theories analyzed in this paper contribute to the understanding of a range of aspects of competence. A main objective of the government of the Republic of Moldova at this stage is the management of human resource because professional and management training of public workers is a condition the lack which would render public administration incapable to face current challenges. A major role in the education and professional formation of public workers is played by the Academy of Public Administration.

  14. [Manipulation of the human genome: ethics and law].

    Science.gov (United States)

    Goulart, Maria Carolina Vaz; Iano, Flávia Godoy; Silva, Paulo Maurício; Sales-Peres, Silvia Helena de Carvalho; Sales-Peres, Arsênio

    2010-06-01

    The molecular biology has provided the basic tool for geneticists deepening in the molecular mechanisms that influence different diseases. It should be noted the scientific and moral responsibility of the researchers, because the scientists should imagine the moral consequences of the commercial application of genetic tests, since this fact involves not only the individual and their families, but the entire population. Besides being also necessary to make a reflection on how this information from the human genome will be used, for good or bad. The objective of this review was to bring the light of knowledge, data on characteristics of the ethical application of molecular biology, linking it with the rights of human beings. After studying literature, it might be observed that the Human Genome Project has generated several possibilities, such as the identification of genes associated with diseases with synergistic properties, but sometimes modifying behavior to genetically intervene in humans, bringing benefits or social harm. The big challenge is to decide what humanity wants on this giant leap.

  15. Encyclopedia of Public International Law, 7 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1985-01-01

    Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (7. History of International Law. Foundations and Principles of International Law. Sources of International Law. Law of Treaties). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1984

  16. Legal Ethics, Rules of Conduct and the Moral Compass – Considerations from a Law Student's Perspective

    Directory of Open Access Journals (Sweden)

    Christoffel Hendrik van Zyl IV

    2016-05-01

    Full Text Available When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ideas on what ethical behaviour entails. Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly assist law students in avoiding pitfalls which may lead to disciplinary action, they must be taught to appropriately use their moral compasses. This narrative aims to show that the metaphorical moral compass, with the cardinal virtues as possible main points, may serve as the crucial and underlying guide in the avoidance of the pitfalls which may result in a person being struck from the roll, but more than that, that it may aid in the pursuit of personal dreams or goals. The article contributes to the literature on legal ethics by foregrounding the virtues that pertain to sound conduct in a lawyer, as opposed to the rules and codes, in the hope that this may help legal practitioners to decide on what is right and what is wrong.

  17. Rediscovering Principles of Public Administration: The Neglected Foundation of Public Law.

    Science.gov (United States)

    Moe, Ronald C.; Gilmour, Robert S.

    1995-01-01

    Public administration is at risk of losing its theoretical distinctiveness based on public law, leaving it vulnerable to advocates of the entrepreneurial management model. Administrative principles rooted in law can accommodate useful contemporary management concepts without compromising accountable public sector management. (SK)

  18. Public acceptance of nuclear power - Some ethical issues

    International Nuclear Information System (INIS)

    Arungu-Olende, S.; Francis, J.M.; Gaspar, D. de; Nashed, W.; Nwosu, B.C.E.; Rose, D.J.; Shinn, R.L.

    1977-01-01

    With the increased public perception of the future scale of dependence on nuclear energy a debate has started, raising the level of public awareness of the social, political and technical risks that are inevitably associated with the large-scale and accelerating adoption of nuclear power generation. The nuclear industry has given a mixed response to this debate, to accusations of irresponsibility and to demands for more specific attention to the recognized hazards of the fuel cycle. In this situation, non-governmental bodies such as the World Council of Churches, has taken the responsibility to examine the issues so far identified and to place these in a social and ethical context. The W.C.C. general position on nuclear energy is presented. It includes the risk associated with nuclear technology; nuclear waste disposal; catastrophic accidents; accidents in reprocessing plants, low-level radiation; nuclear weapons; security; nuclear energy and a new international economic order; ethical and religious perspectives

  19. Medical ethics and new public management in Sweden.

    Science.gov (United States)

    Hansson, Sven Ove

    2014-07-01

    In order to shorten queues to healthcare, the Swedish government has introduced a yearly "queue billion" that is paid out to the county councils in proportion to how successful they are in reducing queues. However, only the queues for first visits are covered. Evidence has accumulated that queues for return visits have become longer. This affects the chronically and severely ill. Swedish physicians, and the Swedish Medical Association, have strongly criticized the queue billion and have claimed that it conflicts with medical ethics. Instead they demand that their professional judgments on priority setting and medical urgency be respected. This discussion provides an interesting illustration of some of the limitations of new public management and also more generally of the complicated relationships between medical ethics and public policy.

  20. Public acceptance of nuclear power - Some ethical issues

    Energy Technology Data Exchange (ETDEWEB)

    Arungu-Olende, S; Francis, J M; Gaspar, D de; Nashed, W; Nwosu, B C.E.; Rose, D J; Shinn, R L [World Council of Churches, Working Committee on Church and Society, Energy Advisory Group, Geneva (Switzerland)

    1977-12-15

    With the increased public perception of the future scale of dependence on nuclear energy a debate has started, raising the level of public awareness of the social, political and technical risks that are inevitably associated with the large-scale and accelerating adoption of nuclear power generation. The nuclear industry has given a mixed response to this debate, to accusations of irresponsibility and to demands for more specific attention to the recognized hazards of the fuel cycle. In this situation, non-governmental bodies such as the World Council of Churches, has taken the responsibility to examine the issues so far identified and to place these in a social and ethical context. The W.C.C. general position on nuclear energy is presented. It includes the risk associated with nuclear technology; nuclear waste disposal; catastrophic accidents; accidents in reprocessing plants, low-level radiation; nuclear weapons; security; nuclear energy and a new international economic order; ethical and religious perspectives.

  1. Ethics, law, and commercial surrogacy: a call for uniformity.

    Science.gov (United States)

    Drabiak, Katherine; Wegner, Carole; Fredland, Valita; Helft, Paul R

    2007-01-01

    In the United States at this time, no uniform federal law exists regarding commercial surrogacy, and state statutory schemes vary vastly, ranging from criminalization to legal recognition with contract enforcement. The authors examine how commercial surrogacy agencies utilize the Internet as a means for attracting parents and surrogates by employing emotional cultural rhetoric. By inducing both parents and surrogates to their jurisdiction, agencies circumvent vast discrepancies in state statutory regulative schemes and create a distinct interstate business, absent an efficient regulatory framework or legal recourse in some circumstances. The authors propose a uniform federal regulatory scheme premised upon regulating interstate business transactions to create accountability and legal remedies for both the parents and the surrogate.

  2. Bioterrorism, public health, and the law.

    Science.gov (United States)

    Bayer, Ronald; Colgrove, James

    2002-01-01

    The controversy over the Model State Emergency Health Powers Act has underscored the enduring tension in public health between guarding the common welfare and respecting individual liberty. The current version of the act, crafted in response to extensive public commentary, attempts to strike a balance between these values but has failed to allay the concerns of many civil libertarians and privacy advocates. Although the debates over the model act have been triggered by the threat of bioterrorism, they illustrate broader philosophical differences, with profound implications for all realms of public health policy.

  3. [Neuroscience in the Courtroom: From responsibility to dangerousness, ethical issues raised by the new French law].

    Science.gov (United States)

    Gkotsi, G-M; Moulin, V; Gasser, J

    2015-10-01

    In the past few years, spectacular progress in neuroscience has led to the emergence of a new interdisciplinary field, the so-called "neurolaw" whose goal is to explore the effects of neuroscientific discoveries on legal proceedings and legal rules and standards. In the United States, a number of neuroscientific researches are designed specifically to explore legally relevant topics and a case-law has already been developed. In Europe, neuroscientific evidence is increasingly being used in criminal courtrooms, as part of psychiatric testimony, nourishing the debate about the legal implications of brain research in psychiatric-legal settings. Though largely debated, up to now the use of neuroscience in legal contexts had not specifically been regulated by any legislation. In 2011, with the new bioethics law, France has become the first country to admit by law the use of brain imaging in judicial expertise. According to the new law, brain imaging techniques can be used only for medical purposes, or scientific research, or in the context of judicial expertise. This study aims to give an overview of the current state of the neurolaw in the US and Europe, and to investigate the ethical issues raised by this new law and its potential impact on the rights and civil liberties of the offenders. An overview of the emergence and development of "neurolaw" in the United States and Europe is given. Then, the new French law is examined in the light of the relevant debates in the French parliament. Consequently, we outline the current tendencies in Neurolaw literature to focus on assessments of responsibility, rather than dangerousness. This tendency is analysed notably in relation to the legal context relevant to criminal policies in France, where recent changes in the legislation and practice of forensic psychiatry show that dangerousness assessments have become paramount in the process of judicial decision. Finally, the potential interpretations of neuroscientific data

  4. Public Employment Services and European Law

    DEFF Research Database (Denmark)

    Freedland, Mark; Craig, Paul; Jacqueson, Catherine

    jobformidling i EU: institutioner, aktiviteter og regulering - økonomisk/social regulering, privat/offentlig aktivitet - EU-ret - komparativ ret: Danmark, Frankrig, England, Tyskland og Italien - EU kompetence, sociale anliggende og offentlige tjenesteydelser - "Public service" modeler i EU - reg...... - regulerings teknikker og "governance" - jobformidling som "public service" - udlicitering - aktivering - uddanneslsestilbud - menneskerettigheder - "making work pay" - forholdet mellem jobmidlingsinstitutioner og den arbejdssøgende...

  5. Integrating Public Health and Deliberative Public Bioethics: Lessons from the Human Genome Project Ethical, Legal, and Social Implications Program

    OpenAIRE

    Meagher, Karen M.; Lee, Lisa M.

    2016-01-01

    Public health policy works best when grounded in firm public health standards of evidence and widely shared social values. In this article, we argue for incorporating a specific method of ethical deliberation—deliberative public bioethics—into public health. We describe how deliberative public bioethics is a method of engagement that can be helpful in public health. Although medical, research, and public health ethics can be considered some of what bioethics addresses, deliberative public bio...

  6. Convergence of the European law on public notaries

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2012-01-01

    Full Text Available In this paper the author analyzes the functions of public notaries, the evolution of the institution in Europe and its legal features in contemporary European law. The basic normative solutions of the German, Austrian, French, Italian, Hungarian, Slovakian, Slovenian and Croatian law are outlined. The importance of the European law on notaries public is also stressed, which aims to further the cooperation between national chambers on notaries public on European scale, in order to facilitate the cross-border transactions within the territory of the European Union. The gist of the converging common European rules pertaining to notaries public are the principle of independence of notaries and the principle of legality, which means that the notaries are in the performance of their duties bound only by the norms of civil substantive and procedure law. Notaries public perform also a function of public service, since they provide assistance to citizens in drafting their public instruments and private deeds (juridical acts and statements, that produce the required evidentiary strength. Depending on whether a given requirement of form of juridical act can be met only by the assistance of notaries public or by other public bodies, one may distinguish exclusively notarial acts from competing forms of juridical acts.

  7. Corruption and ethical issues regarding public-private partnership

    Directory of Open Access Journals (Sweden)

    Bianca COBÂRZAN

    2005-10-01

    Full Text Available The paper raises general questions about ethical problems that taint public-private partnership. Everybody talks about the economical benefits of encouraging firms to invest in the community using different incentives offered by the public institutions. In the same time, every day, newspapers bring to our attention cases of misuse of public resources for private gain or cases of private investors who give bribes in order to get a contract with a public institution. The purpose of this paper is to synthesize our understanding of the entrepreneurial movement and analyze its implications for potential problems of corruption that can arise in the relation between the public and the private sector.a

  8. "Un-Googling” publications: The ethics and problems of anonymization

    DEFF Research Database (Denmark)

    Shklovski, Irina; Vertesi, Janet

    2013-01-01

    Digital tools of research dissemination make scholarly publications accessible to the public at large through simple search engines. As a result, the users that we study, interview, and cite may be at risk of exposure to unwelcome types of scrutiny and scholars must grapple with challenges...... to the ethics of exposure of our research participants. We present one approach to anonymization of research results with search engines in mind, which we call un-Googling, that we have developed to minimize risk to our participants. We discuss the considerations that this approach raises and pose a challenge...

  9. Unconsented HIV testing in cases of occupational exposure: ethics, law, and policy.

    Science.gov (United States)

    Cowan, Ethan; Macklin, Ruth

    2012-10-01

    Postexposure prophylaxis (PEP) has substantially reduced the risk of acquiring human immunodeficiency virus (HIV) after an occupational exposure; nevertheless, exposure to HIV remains a concern for emergency department providers. According to published guidelines, PEP should be taken only when source patients are HIV-positive or have risk factors for HIV. Initiating PEP when source patients are uninfected puts exposed persons at risk from taking toxic drugs with no compensating benefit. Forgoing PEP if the source is infected results in increased risk of acquiring HIV. What should be done if source patients refuse HIV testing? Is it justifiable to test the blood of these patients over their autonomous objection? The authors review current law and policy and perform an ethical analysis to determine if laws permitting unconsented testing in cases of occupational exposure can be ethically justified. © 2012 by the Society for Academic Emergency Medicine.

  10. Health risk reduction programs in employer-sponsored health plans: Part II-law and ethics.

    Science.gov (United States)

    Rothstein, Mark A; Harrell, Heather L

    2009-08-01

    We sought to examine the legal and ethical implications of workplace health risk reduction programs (HRRPs) using health risk assessments, individually focused risk reduction, and financial incentives to promote compliance. We conducted a literature review, analyzed relevant statutes and regulations, and considered the effects of these programs on employee health privacy. A variety of laws regulate HRRPs, and there is little evidence that employer-sponsored HRRPs violate these provisions; infringement on individual health privacy is more difficult to assess. Although current laws permit a wide range of employer health promotion activities, HRRPs also may entail largely unquantifiable costs to employee privacy and related interests.

  11. Health Risk Reduction Programs in Employer-Sponsored Health Plans: Part II—Law and Ethics

    Science.gov (United States)

    Rothstein, Mark A.; Harrell, Heather L.

    2011-01-01

    Objective We sought to examine the legal and ethical implications of workplace health risk reduction programs (HRRPs) using health risk assessments, individually focused risk reduction, and financial incentives to promote compliance. Methods We conducted a literature review, analyzed relevant statutes and regulations, and considered the effects of these programs on employee health privacy. Results A variety of laws regulate HRRPs, and there is little evidence that employer-sponsored HRRPs violate these provisions; infringement on individual health privacy is more difficult to assess. Conclusion Although current laws permit a wide range of employer health promotion activities, HRRPs also may entail largely unquantifiable costs to employee privacy and related interests. PMID:19625971

  12. Public Values in Water Law: A Case of Substantive Fragmentation?

    NARCIS (Netherlands)

    Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper

    2014-01-01

    Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

  13. Public Values in Water Law : A Case of Substantive Fragmentation?

    NARCIS (Netherlands)

    Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

    2014-01-01

    Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

  14. When patients are harmed, but are not wronged: ethics, law, and history.

    Science.gov (United States)

    Klaas, Paul B; Berge, Keith H; Klaas, Kelsey M; Klaas, James P; Larson, Annalise Noelle

    2014-09-01

    Iatrogenic injury-injury caused unintentionally by medical treatment-breaks the oldest and most famous rule of medical ethics: primum non nocere, or above all, do no harm. Medical malpractice law, however, focuses on whether an injury was caused by negligence, not on whether an injury was iatrogenic. Iatrogenic injury inflicted without negligence is a common pattern in medical malpractice lawsuits; it is likely the pattern of Jacobs v Cross (Minnesota, 1872), in which Dr W. W. Mayo testified as an expert witness. As a matter of law, the doctor defendants should win all those lawsuits, for iatrogenic injury inflicted without negligence is not a legal wrong in the United States and has not been considered a legal wrong for hundreds of years. However, the medical ethics applicable to doctors' duties to report incompetence in colleagues, including those who inflict excessive iatrogenic injury, have developed dramatically over time. In 1872, the ethical codes in the United States exhorted doctors not to criticize another doctor, even if incompetent. Today, doctors in the United States are ethically required to report an incompetent colleague. Copyright © 2014 Mayo Foundation for Medical Education and Research. Published by Elsevier Inc. All rights reserved.

  15. German law on circumcision and its debate: how an ethical and legal issue turned political.

    Science.gov (United States)

    Aurenque, Diana; Wiesing, Urban

    2015-03-01

    The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

  16. 77 FR 2556 - Ethical and Regulatory Challenges in the Development of Pediatric Medical Countermeasures; Public...

    Science.gov (United States)

    2012-01-18

    ...] Ethical and Regulatory Challenges in the Development of Pediatric Medical Countermeasures; Public Workshop... Administration (FDA), Office of Pediatric Therapeutics, is announcing a public workshop entitled ``Ethical and... provide a forum for careful consideration of scientific, ethical, and regulatory issues confronting FDA...

  17. Addressing public concerns about ethical and environmental issues in the discussion on nuclear waste management

    International Nuclear Information System (INIS)

    Luthi, A.

    1996-01-01

    According to Swiss Federal Law, the producers of radioactive waste are responsible for its safe disposal. The government, therefore, plays a relatively modest role in the public debate on nuclear waste management. Whenever asked to express an opinion, it tries to inform openly. Active public relations campaigns are led by the National Co-operative for the Disposal of Radioactive Waste (NAGRA). The operators of nuclear power plants are ready to compensate the siting community and its Canton for services rendered in the public interest. An important way to deal with ethical and environmental issues is the inclusion of opponents in every step of the time-consuming licensing procedure. This paper discusses the upcoming vote on a concession for a low and intermediate-level waste repository for which NAGRA is actively preparing. NAGRA's public relations work is based on recognition of the fact that the only way to diminish fear and gain credibility is to inform openly and regularly over many years, and to show that results achieved are based on serious, careful and transparent scientific work. Another aspect of radioactive waste management communication lies in the explanation of the ethics of 'inter-generational' and 'intra-generational' equity. Compensation will never make up for lack of safety. The ways in which the public voices its views are discussed, as well as the concept of seeking the co-operation of opponents in working groups. (author)

  18. Ethical issues in predictive genetic testing: a public health perspective

    Science.gov (United States)

    Fulda, K G; Lykens, K

    2006-01-01

    As a result of the increase in genetic testing and the fear of discrimination by insurance companies, employers, and society as a result of genetic testing, the disciplines of ethics, public health, and genetics have converged. Whether relatives of someone with a positive predictive genetic test should be notified of the results and risks is a matter urgently in need of debate. Such a debate must encompass the moral and ethical obligations of the diagnosing physician and the patient. The decision to inform or not will vary depending on what moral theory is used. Utilising the utilitarian and libertarian theories produces different outcomes. The principles of justice and non‐maleficence will also play an important role in the decision. PMID:16507657

  19. Ethical issues in predictive genetic testing: a public health perspective.

    Science.gov (United States)

    Fulda, K G; Lykens, K

    2006-03-01

    As a result of the increase in genetic testing and the fear of discrimination by insurance companies, employers, and society as a result of genetic testing, the disciplines of ethics, public health, and genetics have converged. Whether relatives of someone with a positive predictive genetic test should be notified of the results and risks is a matter urgently in need of debate. Such a debate must encompass the moral and ethical obligations of the diagnosing physician and the patient. The decision to inform or not will vary depending on what moral theory is used. Utilising the utilitarian and libertarian theories produces different outcomes. The principles of justice and non-maleficence will also play an important role in the decision.

  20. Physician Wellness Is an Ethical and Public Health Issue.

    Science.gov (United States)

    Walker, Rosandra; Pine, Harold

    2018-06-01

    Attention to physician well-being has traditionally focused on substance abuse, usually with disciplinary implications. But, in recent years, greater notice has been granted toward physician burnout and overall wellness. Burnout and its sequelae not only affect physicians and physicians-in-training as individuals, but the impact then multiplies as it affects these physicians' patients, colleagues, and hospital systems. In addition, the American Medical Association Code of Medical Ethics charges physicians with a responsibility to maintain their own health and wellness as well as promote that of their colleagues. Therefore, the question of physician wellness has both public health and ethical implications. The causes of burnout are multifactorial, and the solutions to sustainable change are multitiered.

  1. Integrating Public Health and Deliberative Public Bioethics: Lessons from the Human Genome Project Ethical, Legal, and Social Implications Program.

    Science.gov (United States)

    Meagher, Karen M; Lee, Lisa M

    2016-01-01

    Public health policy works best when grounded in firm public health standards of evidence and widely shared social values. In this article, we argue for incorporating a specific method of ethical deliberation--deliberative public bioethics--into public health. We describe how deliberative public bioethics is a method of engagement that can be helpful in public health. Although medical, research, and public health ethics can be considered some of what bioethics addresses, deliberative public bioethics offers both a how and where. Using the Human Genome Project Ethical, Legal, and Social Implications program as an example of effective incorporation of deliberative processes to integrate ethics into public health policy, we examine how deliberative public bioethics can integrate both public health and bioethics perspectives into three areas of public health practice: research, education, and health policy. We then offer recommendations for future collaborations that integrate deliberative methods into public health policy and practice.

  2. A qualitative analysis of student-written law and ethics cases: A snapshot of PY2 student experience.

    Science.gov (United States)

    Karwaki, Tanya E; Hazlet, Thomas K

    2017-05-01

    This study was designed to better understand pharmacy students' experiences and recognition of legal and ethical tensions existing in pharmacy practice as demonstrated in student-written law and ethics cases. A qualitative analysis of 132 student-written cases representing the team efforts of 1053 students over a 12-year time period was conducted. Student-written cases were coded and analyzed thematically. Our results demonstrate the types of ethical and legal issues our students have experienced in pharmacy practice during the first five quarters of their professional education. Our data highlight three themes: 1) ethical dilemmas presented when the law is misapplied; 2) ethical dilemmas presented when an institutional policy or law was viewed as insufficient; and 3) ethical dilemmas presented as provider distress. The third theme was further subdivided into five subthemes. The themes that emerged from this study represent some of the ethical dilemmas that second professional year students have encountered and how these dilemmas may intersect with legal boundaries. Educators can use cases demonstrating these themes to reinforce law and ethics education in the curriculum, thus helping prepare students for pharmacy practice. This article recommends how and when to use case examples. Copyright © 2017 Elsevier Inc. All rights reserved.

  3. Public health ethics and more-than-human solidarity.

    Science.gov (United States)

    Rock, Melanie J; Degeling, Chris

    2015-03-01

    This article contributes to the literature on One Health and public health ethics by expanding the principle of solidarity. We conceptualise solidarity to encompass not only practices intended to assist other people, but also practices intended to assist non-human others, including animals, plants, or places. To illustrate how manifestations of humanist and more-than-human solidarity may selectively complement one another, or collide, recent responses to Hendra virus in Australia and Rabies virus in Canada serve as case examples. Given that caring relationships are foundational to health promotion, people's efforts to care for non-human others are highly relevant to public health, even when these efforts conflict with edicts issued in the name of public health. In its most optimistic explication, One Health aims to attain optimal health for humans, non-human animals and their shared environments. As a field, public health ethics needs to move beyond an exclusive preoccupation with humans, so as to account for moral complexity arising from people's diverse connections with places, plants, and non-human animals. Copyright © 2014 Elsevier Ltd. All rights reserved.

  4. Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

    Science.gov (United States)

    Ulrich, Michael R

    2016-05-01

    As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

  5. WHO'S IN CHARGE? THE RELATIONSHIP BETWEEN MEDICAL LAW, MEDICAL ETHICS, AND MEDICAL MORALITY?

    Science.gov (United States)

    Foster, Charles; Miola, José

    2015-01-01

    Medical law inevitably involves decision-making, but the types of decisions that need to be made vary in nature, from those that are purely technical to others that contain an inherent ethical content. In this paper we identify the different types of decisions that need to be made, and explore whether the law, the medical profession, or the individual doctor is best placed to make them. We also argue that the law has failed in its duty to create a coherent foundation from which such decision-making might properly be regulated, and this has resulted in a haphazard legal framework that contains no consistency. We continue by examining various medico-legal topics in relation to these issues before ending by considering the risk of demoralisation. © The Author 2015. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  6. Food and beverage policies and public health ethics.

    Science.gov (United States)

    Resnik, David B

    2015-06-01

    Government food and beverage policies can play an important role in promoting public health. Few people would question this assumption. Difficult questions can arise, however, when policymakers, public health officials, citizens, and businesses deliberate about food and beverage policies, because competing values may be at stake, such as public health, individual autonomy, personal responsibility, economic prosperity, and fairness. An ethically justified policy strikes a reasonable among competing values by meeting the following criteria: (1) the policy serves important social goal(s); (2) the policy is likely to be effective at achieving those goal(s); (3) less burdensome options are not likely to be effective at achieving the goals; (4) the policy is fair.

  7. Exponential and power laws in public procurement markets

    Czech Academy of Sciences Publication Activity Database

    Krištoufek, Ladislav; Skuhrovec, J.

    2012-01-01

    Roč. 99, č. 2 (2012), 28005-1-28005-6 ISSN 0295-5075 R&D Projects: GA ČR GA402/09/0965 Grant - others:GA UK(CZ) 118310; SVV(CZ) 265 504; GA TA ČR(CZ) TD010133 Institutional support: RVO:67985556 Keywords : Public procurement * Scaling * Power law Subject RIV: AH - Economics Impact factor: 2.260, year: 2012 http://library.utia.cas.cz/separaty/2012/E/kristoufek-exponential and power laws in public procurement markets.pdf

  8. Monitoring 'monitoring' and evaluating 'evaluation': an ethical framework for monitoring and evaluation in public health.

    Science.gov (United States)

    Gopichandran, Vijayaprasad; Indira Krishna, Anil Kumar

    2013-01-01

    Monitoring and evaluation (M&E) is an essential part of public health programmes. Since M&E is the backbone of public health programmes, ethical considerations are important in their conduct. Some of the key ethical considerations are avoiding conflicts of interest, maintaining independence of judgement, maintaining fairness, transparency, full disclosure, privacy and confidentiality, respect, responsibility, accountability, empowerment and sustainability. There are several ethical frameworks in public health, but none focusing on the monitoring and evaluation process. There is a need to institutionalise the ethical review of M&E proposals. A theoretical framework for ethical considerations is proposed in this paper. This proposed theoretical framework can act as the blueprint for building the capacity of ethics committees to review M&E proposals. A case study is discussed in this context. After thorough field testing, this practical and field-based ethical framework can be widely used by donor agencies, M&E teams, institutional review boards and ethics committees.

  9. Ethics.

    Science.gov (United States)

    Pellegrino, Edmund D

    In this brief annual review of ethical issues in medicine, Pellegrino focuses on two issues, AIDS and surrogate mothers. The AIDS epidemic has generated debate over public health needs vs. individual rights, modification of sexual practices, screening programs to detect infected persons, confidentiality of test results, experimental therapies, and the duty of physicians to care for AIDS patients. Surrogate motherhood arrangements have become one of the more controversial of the new reproductive technologies. The publicity that accompanied the custody battle over New Jersey's "Baby M" intensified debate over the commercialization of childbearing and the regulation of reproduction. Pellegrino concludes that physicians, along with ethicists and policymakers, have an obligation to "lead society in careful and judicious deliberation" of the ethical issues raised by AIDS and by reproductive technologies.

  10. Ethics and public perception of climate change: exploring the Christian voices in the US public debate

    NARCIS (Netherlands)

    Wardekker, J.A.; Petersen, A.C.; van der Sluijs, J.P.

    2009-01-01

    Climate change raises many questions with strong moral and ethical dimensions that are important to address in climate-policy formation and international negotiations. Particularly in the United States, the public discussion of these dimensions is strongly influenced by religious groups and leaders.

  11. Intellectual property rights vs. public access rights: ethical aspects of the DeCSS decryptation program

    Directory of Open Access Journals (Sweden)

    Robert Vaagan

    2005-01-01

    Full Text Available Introduction. In 1999-2000, a Norwegian youth cracked a DVD-access code and published a decryptation program on the Internet. He was sued by the US DVD Copy Control Association (DVD-CCA and the Norwegian Motion Picture Association (MAP, allies of the US Motion Picture Association of America (MPAA, arrested by Norwegian police and charged with data crime. Two Norwegian court rulings in 2003 unanimously ruled that the program did not amount to a breach of Norwegian law, and he was fully acquitted. In the US, there have been related cases, some with other outcomes. Method. Based on a theoretical framework developed by Zwass, the paper discusses these court rulings and the wider issues of intellectual property rights versus public access rights. Analysis. The DVD-Jon case illustrates that intellectual property rights can conflict with public access rights, as the struggle between proprietary software and public domain software, as well as the SPARC and Open Archives Initiative reflect. Results. An assessment of the DVD-Jon case based on the Zwass framework does not give a clear information ethics answer. The analysis depends on whether one ascribes to consequentialist (e.g., utilitarian or de-ontological reflection, and also on which side of the digital gap is to be accorded most weight. Conclusion. While copyright interests are being legally strengthened, there may be ethically- grounded access rights that outweigh property rights.

  12. Ethical aspects of radioactive waste management and public information. The Belgian situation

    International Nuclear Information System (INIS)

    Minon, J.P.

    1996-01-01

    Belgium has a well-developed nuclear programme and has elaborated several research and nuclear fuel cycle facilities on its territory since the beginning of the nineteen fifties. About 60 per cent of the electricity produced is of nuclear origin. All these facilities produce waste. In 1980, waste management was entrusted by law to the ONDRAF. The Agency new controls all aspects of waste management and has indicated the direction for final disposal of waste. Both public information and the justification, from an ethical point of view, of the solutions proposed have become an essential topic in radioactive waste management. The situation as it exists today in Belgium is described in this paper. The paper indicates that all decision-making process now pass through an objective information phase, involving the public and the various decision makers. This is intended to provoke discussion and encourage the public to become more active and responsible, and should be based on new ethical concepts. We need to be sure that we put into place for the future, systems based on passive technology, full information and with sufficient financial provision for future needs. (authors)

  13. Evaluation of poultry processing practices, related public health laws ...

    African Journals Online (AJOL)

    Evaluation of poultry processing practices, related public health laws and diseases of chickens at slaughter: A pilot study in Kaduna state. ... The PDF file you selected should load here if your Web browser has a PDF reader plug-in installed (for example, a recent version of Adobe Acrobat Reader). If you would like more ...

  14. Electronic Signatures in Global and National Commerce Act. Public Law.

    Science.gov (United States)

    Congress of the U.S., Washington, DC.

    This document presents the text of Public Law 106-229, the "Electronic Signatures in Global and National Commerce Act." The act states that, with respect to any transaction in or affecting interstate or foreign commerce: a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or…

  15. Privatising the Public University: The Case of Law

    Science.gov (United States)

    Thornton, Margaret

    2011-01-01

    "Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…

  16. [Problems and ethical challenges in public health communication].

    Science.gov (United States)

    Loss, J; Nagel, E

    2009-05-01

    Health communication, e.g., mass media campaigns, patient information leaflets or websites, plays an important role in public health. It contributes to citizen empowerment and helps them make informed decisions in health matters. However, public health communication can lead to adverse effects on both individual and societal level, e.g., by inaccurate or partial information, discriminatory messages, scandalizing coverage or inadequate tailoring to relevant target groups. It seems important to suggest ethical criteria for health information, e.g., (1) accuracy, completeness and balance, (2) transparency, (3) participation of the target group, (4) respect for human dignity, (5) social justice and equity, (6) appropriateness. Thoughtfulness is important in order not to stigmatize population subgroups. In addition, it is laborious to comprehensively and correctly present benefits and risks of a certain health behavior. Marketing principles guide how to 'sell' a certain health behavior, but health campaigns should not manipulate target persons for the sake of a population health aim. It remains unclear, however, how the different providers of health information can be held ethically responsible.

  17. What Role for Law, Human Rights, and Bioethics in an Age of Big Data, Consortia Science, and Consortia Ethics? The Importance of Trustworthiness.

    Science.gov (United States)

    Dove, Edward S; Özdemir, Vural

    2015-09-01

    The global bioeconomy is generating new paradigm-shifting practices of knowledge co-production, such as collective innovation; large-scale, data-driven global consortia science (Big Science); and consortia ethics (Big Ethics). These bioeconomic and sociotechnical practices can be forces for progressive social change, but they can also raise predicaments at the interface of law, human rights, and bioethics. In this article, we examine one such double-edged practice: the growing, multivariate exploitation of Big Data in the health sector, particularly by the private sector. Commercial exploitation of health data for knowledge-based products is a key aspect of the bioeconomy and is also a topic of concern among publics around the world. It is exacerbated in the current age of globally interconnected consortia science and consortia ethics, which is characterized by accumulating epistemic proximity, diminished academic independence, "extreme centrism", and conflicted/competing interests among innovation actors. Extreme centrism is of particular importance as a new ideology emerging from consortia science and consortia ethics; this relates to invariably taking a middle-of-the-road populist stance, even in the event of human rights breaches, so as to sustain the populist support needed for consortia building and collective innovation. What role do law, human rights, and bioethics-separate and together-have to play in addressing these predicaments and opportunities in early 21st century science and society? One answer we propose is an intertwined ethico-legal normative construct, namely trustworthiness . By considering trustworthiness as a central pillar at the intersection of law, human rights, and bioethics, we enable others to trust us, which in turns allows different actors (both nonprofit and for-profit) to operate more justly in consortia science and ethics, as well as to access and responsibly use health data for public benefit.

  18. What Role for Law, Human Rights, and Bioethics in an Age of Big Data, Consortia Science, and Consortia Ethics? The Importance of Trustworthiness

    Science.gov (United States)

    Dove, Edward S.; Özdemir, Vural

    2015-01-01

    The global bioeconomy is generating new paradigm-shifting practices of knowledge co-production, such as collective innovation; large-scale, data-driven global consortia science (Big Science); and consortia ethics (Big Ethics). These bioeconomic and sociotechnical practices can be forces for progressive social change, but they can also raise predicaments at the interface of law, human rights, and bioethics. In this article, we examine one such double-edged practice: the growing, multivariate exploitation of Big Data in the health sector, particularly by the private sector. Commercial exploitation of health data for knowledge-based products is a key aspect of the bioeconomy and is also a topic of concern among publics around the world. It is exacerbated in the current age of globally interconnected consortia science and consortia ethics, which is characterized by accumulating epistemic proximity, diminished academic independence, “extreme centrism”, and conflicted/competing interests among innovation actors. Extreme centrism is of particular importance as a new ideology emerging from consortia science and consortia ethics; this relates to invariably taking a middle-of-the-road populist stance, even in the event of human rights breaches, so as to sustain the populist support needed for consortia building and collective innovation. What role do law, human rights, and bioethics—separate and together—have to play in addressing these predicaments and opportunities in early 21st century science and society? One answer we propose is an intertwined ethico-legal normative construct, namely trustworthiness. By considering trustworthiness as a central pillar at the intersection of law, human rights, and bioethics, we enable others to trust us, which in turns allows different actors (both nonprofit and for-profit) to operate more justly in consortia science and ethics, as well as to access and responsibly use health data for public benefit. PMID:26345196

  19. What Role for Law, Human Rights, and Bioethics in an Age of Big Data, Consortia Science, and Consortia Ethics? The Importance of Trustworthiness

    Directory of Open Access Journals (Sweden)

    Edward S. Dove

    2015-08-01

    Full Text Available The global bioeconomy is generating new paradigm-shifting practices of knowledge co-production, such as collective innovation; large-scale, data-driven global consortia science (Big Science; and consortia ethics (Big Ethics. These bioeconomic and sociotechnical practices can be forces for progressive social change, but they can also raise predicaments at the interface of law, human rights, and bioethics. In this article, we examine one such double-edged practice: the growing, multivariate exploitation of Big Data in the health sector, particularly by the private sector. Commercial exploitation of health data for knowledge-based products is a key aspect of the bioeconomy and is also a topic of concern among publics around the world. It is exacerbated in the current age of globally interconnected consortia science and consortia ethics, which is characterized by accumulating epistemic proximity, diminished academic independence, “extreme centrism”, and conflicted/competing interests among innovation actors. Extreme centrism is of particular importance as a new ideology emerging from consortia science and consortia ethics; this relates to invariably taking a middle-of-the-road populist stance, even in the event of human rights breaches, so as to sustain the populist support needed for consortia building and collective innovation. What role do law, human rights, and bioethics—separate and together—have to play in addressing these predicaments and opportunities in early 21st century science and society? One answer we propose is an intertwined ethico-legal normative construct, namely trustworthiness. By considering trustworthiness as a central pillar at the intersection of law, human rights, and bioethics, we enable others to trust us, which in turns allows different actors (both nonprofit and for-profit to operate more justly in consortia science and ethics, as well as to access and responsibly use health data for public benefit.

  20. What's the difference? Ethical leadership in public, hybrid, and private sector organisations

    NARCIS (Netherlands)

    Heres, L.; Lasthuizen, K.M.

    2012-01-01

    Is there one best practice for ethical leadership? Studies suggest that the publicness of an organization can have important implications for leadership. Yet research on ethical leadership generally assumes that one ethical leadership style should fit all types of organization alike. This study

  1. On the ethical analysis of value issues in public decision-making ...

    African Journals Online (AJOL)

    South African Journal of Philosophy ... What difference can such an ethical analysis make to public decision-making? ... value and ethical questions cannot be settled in a rational manner ... values and ethics are so intertwined with emotions and biases that one cannot take them seriously in ... AJOL African Journals Online.

  2. Public health ethics: key concepts and issues in policy and practice

    National Research Council Canada - National Science Library

    Dawson, Angus

    2011-01-01

    .... Topics covered include the nature of public health ethics, the concepts of disease and prevention, risk and precaution, health inequalities and justice, screening, vaccination and disease control...

  3. Development of an online tool for public health: the European Public Health Law Network.

    Science.gov (United States)

    Basak, P

    2011-09-01

    The European Public Health Law Network was established in 2007 as part of the European Union (EU) co-funded Public Health Law Flu project. The aims of the website consisted of designing an interactive network of specialist information and encouraging an exchange of expertise amongst members. The website sought to appeal to academics, public health professionals and lawyers. The Public Health Law Flu project team designed and managed the website. Registered network members were recruited through publicity, advertising and word of mouth. Details of the network were sent to health organizations and universities throughout Europe. Corresponding website links attracted many new visitors. Publications, news, events and a pandemic glossary became popular features on the site. Although the website initially focused only on pandemic diseases it has grown into a multidisciplinary website covering a range of public health law topics. The network contains over 700 publications divided into 28 public health law categories. News, events, front page content, legislation and the francophone section are updated on a regular basis. Since 2007 the website has received over 15,000 views from 156 countries. Newsletter subscribers have risen to 304. There are now 723 followers on the associated Twitter site. The European Public Health Law Network has been a successful and innovative site in the area of public health law. Interest in the site continues to grow. Future funding can contribute to a bigger site with interactive features and pages in a wider variety of languages to attract a wider global audience. Copyright © 2011 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  4. The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

    Directory of Open Access Journals (Sweden)

    Gerrit Ferreira

    2014-11-01

    Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

  5. Public Support for Weight-Related Antidiscrimination Laws and Policies.

    Science.gov (United States)

    Hilbert, Anja; Hübner, Claudia; Schmutzer, Gabriele; Danielsdottir, Sigrun; Brähler, Elmar; Puhl, Rebecca

    2017-01-01

    Weight-related discrimination is prevalent and associated with health impairments for those who are targeted, which underscores the need of antidiscrimination legislation. This study is the first to examine public support of weight-related antidiscrimination laws or policies in Germany, compared to the US and Iceland. In a representative German population sample (N = 2,513), public support for general and employment-specific weight-related antidiscrimination policies, weight-based victimization, and weight bias internalization were measured through established self-report questionnaires. Half of the German population sample agreed with antidiscrimination policies. General antidiscrimination laws received lower support than employment-specific laws. Support for policies considering obesity a physical disability was greatest in Germany, whereas support for employment-specific antidiscrimination laws was lower in Germany than in the US and Iceland. Total support for weight-related antidiscrimination policies was significantly predicted by lower age, female gender, obese weight status, residence in West Germany, church membership, and readiness to vote in elections. German support for weight-related antidiscrimination policies is moderate. Increasing awareness about weight-related discrimination and laws prohibiting this behavior may help to promote policy acceptance. © 2017 The Author(s) Published by S. Karger GmbH, Freiburg.

  6. Resource allocation on the frontlines of public health preparedness and response: report of a summit on legal and ethical issues.

    Science.gov (United States)

    Barnett, Daniel J; Taylor, Holly A; Hodge, James G; Links, Jonathan M

    2009-01-01

    In the face of all-hazards preparedness challenges, local and state health department personnel have to date lacked a discrete set of legally and ethically informed public health principles to guide the distribution of scarce resources in crisis settings. To help address this gap, we convened a Summit of academic and practice experts to develop a set of principles for legally and ethically sound public health resource triage decision-making in emergencies. The invitation-only Summit, held in Washington, D.C., on June 29, 2006, assembled 20 experts from a combination of academic institutions and nonacademic leadership, policy, and practice settings. The Summit featured a tabletop exercise designed to highlight resource scarcity challenges in a public health infectious disease emergency. This exercise served as a springboard for Summit participants' subsequent identification of 10 public health emergency resource allocation principles through an iterative process. The final product of the Summit was a set of 10 principles to guide allocation decisions involving scarce resources in public health emergencies. The principles are grouped into three categories: obligations to community; balancing personal autonomy and community well-being/benefit; and good preparedness practice. The 10 Summit-derived principles represent an attempt to link law, ethics, and real-world public health emergency resource allocation practices, and can serve as a useful starting framework to guide further systematic approaches and future research on addressing public health resource scarcity in an all-hazards context.

  7. Online dispute resolution and models of relational law and justice: a table of ethical principles

    OpenAIRE

    Casanovas, Pompeu

    2014-01-01

    Regulatory systems constitute a set of coordinated complex behavior (individual and collective) which can be grasped through rules, values and principles that constitute the social framework of the law. Relational law, relational justice and the design of regulatory models can be linked to emergent agreement technologies and new versions of Online Dispute Resolution (ODR) and Negotiation Support Systems (NSS). We define the notions of public space and information principles, extending the con...

  8. Regulatory Powers in Public Procurement Law of Peruvian Administrative Agencies

    Directory of Open Access Journals (Sweden)

    Juan Carlos Morón Urbina

    2017-12-01

    Full Text Available Peruvian law has explicitly recognized regulatory powers to administrative agencies, which allows them to have a preponderant role in the production of rules in public procurement. Although these delegations of legislative authority are positively defined, distortions in the system of legal sources arise when agencies exceed delegated powers or when measures issued by administrative entities are mistaken for regulations. This paper aims to identify regulatory powers of Peruvian administrative agencies, as well as the regulatory measures they issue, and their relation with other sources of law.

  9. The New Ethics of Trusteeship: How Public College and University Trustees Can Meet Higher Public Expectations

    Science.gov (United States)

    Leslie, David; MacTaggart, Terry

    2008-01-01

    Expectations of trustees have undergone a dramatic change in the wake of the Enron debacle, the new strictures of the Sarbanes-Oxley Act, and several new state policies, laws, and executive actions. Additionally, well-publicized examples of inadequate trustee oversight have affected the public's and policymakers' perceptions of higher education.…

  10. Public acceptance of nuclear power. Some ethical issues

    International Nuclear Information System (INIS)

    Abrecht, P.; Arungu-Olende, S.; Francis, J.M.; Nashed, W.; Nwosu, B.C.E.; Rose, D.J.; Shinn, R.L.; de Gaspar, D.

    1977-01-01

    Through a careful process of investigation and inquiry, the World Council of Churches (WCC) has become aware of a decline of public confidence in existing social institutions responsible for maintaining and securing the nuclear fuel cycle. In addressing this concern, the World Council of Churches seeks a direct assurance from the IAEA and other responsible government bodies that new initiatives will be taken to resolve this anxiety and to place the acknowledged risks of an expanding nuclear power industry in a more realistic long-term perspective. The provision of energy resources for all peoples is an essential part of the struggle for a more just, participatory and sustainable society. In the light of current uncertainties over the maintenance of energy supplies, particularly to large urban communities, the WCC appreciates the necessity of retaining nuclear power as a viable option for the future in many countries. However, the credibility of the option can be achieved only through the resolution of the major questions that are inherent in the use of nuclear technology. The paper discusses the following questions, which must be tackled without further delay and certainly before a large and irreversible world-wide commitment is made: (1) The need for an open public debate. Without full public consultation on the social and ethical implications of long-term energy choices, decisions will be taken largely in terms of commercial and consequently short-term economic interest. (2) Facing the long-term risks of adopting nuclear technology. (3) Access versus security. Concern for the security of sensitive nuclear technologies has produced the secretive nuclear club. A just global society implies not merely equal opportunity to aspire and to achieve, but affirmative action to redress imbalances. (4) Military implications. (5) Social implications of nuclear energy. (6) Ethical and religious issues. (author)

  11. PROFESSIONAL ACCOUNTING ETHICS: A VISUAL ANALYSIS OF PUBLIC PERCEPTION

    Directory of Open Access Journals (Sweden)

    Renato Ferreira Leitão Azevedo

    2012-03-01

    Full Text Available The decline in both the number and quality of students choosing accounting programs has been a worldwide source of concern to scholars and practitioners. According to Albrecht and Sack (2000, that decline is a consequence of several factors, such as changes in business environment, decrease in salary levels and development of alternative careers perceived as more attractive by students and lack of information and/or misunderstanding related to accounting careers. For Carnegie and Napier (2010, comprehension of such external images related to accounting careers and accountants is important for assessing the roles of these professionals in a wider social context. The success of the accounting profession, according to Belski et al. (2004, largely depends on how it is viewed by the public, considering that the image of the accounting profession has been damaged in the recent past by the widely publicized accounting frauds, scandals and failures involving accounting firms and accountants. To support a better understanding of this phenomenon, the objective of this study is to identify and analyze whether the accounting profession is negatively stereotyped by public perception according to ethics. Based on an adapted photo-survey, with 1,034 randomly selected respondents, and tests of differences between means, the central hypothesis of this study was rejected: it is not possible to state that accounting professionals are negatively stereotyped for professional ethics. Also, there were no significant differences based on gender, academic background or education levels of the respondents, but on the other hand is possible to confirm a positive perception based on confidence interval analysis. Implications for practice and recommendations for future studies are both presented in the last section.

  12. Mapping the scope and opportunities for public health law in liberal democracies.

    Science.gov (United States)

    Magnusson, Roger S

    2007-01-01

    The two questions, "What is public health law?" and "How can law improve the public's health?" are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.

  13. Ethics and marketing research

    Directory of Open Access Journals (Sweden)

    Salai Suzana

    2006-01-01

    Full Text Available The ethics is the inner law of the individual. Its application is controlled and sacked by the self-awareness and the surrounding (by ethical codecs. The self-awareness is the inner law produced by everyday life, and is therefore changeable and adaptable to the outer reality. The ethics is a common field of marketing research, within the processes of ethical dilemmas and the marketing research process itself (identified target segments: the public the consumer, the subject ordering marketing research and marketing researchers.

  14. The Educational Efficacy of a Values-Based Online Tool in a Public Health Ethics Course

    Science.gov (United States)

    Tripken, Jennifer L.

    2016-01-01

    Purpose: The purpose of this study was to assess the educational efficacy of an online software decision-making program, The Values Exchange. While ethics is a vital aspect of educating public health professionals, it is both difficult to teach and assess. There is a need to identify best practices in the pedagogy of public health ethics and in…

  15. Politics and public health ethics in practice: right and left meet right and wrong.

    Science.gov (United States)

    Gollust, Sarah E; Baum, Nancy M; Jacobson, Peter D

    2008-01-01

    As public health practitioners are no doubt aware, public health practice and politics are closely linked. Although theoretical discussion of the emerging field of public health ethics has been rich, scholars have paid little attention to the relationship between ethical issues and politics in public health practice. We conducted semistructured interviews with 45 public health practitioners across a range of occupations (eg, health officers, medical directors, sanitarians, nurses, educators, and commissioners) working at 12 local health departments across Michigan and the state health department. Practitioners were asked to describe the ethical issues they faced in their daily practice. Ethical issues that resulted from the political environment emerged as one major category of ethical issues our interviewees described. This article illustrates how political issues engender ethical challenges in 4 main areas: public health agenda-setting, political pressures, political conflicts with best practices, and the scope of public health practice. The findings suggest that politics and public health ethics intrinsically intersect, because political pressures and priorities often impose ethical challenges that practitioners negotiate in their daily work.

  16. Integrating ethics in public health education: the process of developing case studies.

    Science.gov (United States)

    Tulchinsky, Theodore; Jennings, Bruce; Viehbeck, Sarah

    2015-01-01

    The study of ethics in public health became a societal imperative following the horrors of pre World War II eugenics, the Holocaust, and the Tuskegee Experiment (and more recent similar travesties). International responses led to: the Nuremberg Doctors' Trials, the Universal Declaration of Human Rights (1948), and the Convention on Prevention and Punishment of the Crime of Genocide (CCPCG, 1948), which includes sanctions against incitement to genocide. The Declaration of Geneva (1948) set forth the physician's dedication to the humanitarian goals of medicine, a declaration especially important in view of the medical crimes which had just been committed in Nazi Germany. This led to a modern revision of the Hippocratic Oath in the form of the Declaration of Helsinki (1964) for medical research ethical standards, which has been renewed periodically and adopted worldwide to ensure ethical research practices. Public health ethics differs from traditional biomedical ethics in many respects, specifically in its emphasis on societal considerations of prevention, equity, and population-level issues. Health care systems are increasingly faced with the need to integrate clinical medicine with public health and health policy. As health systems and public health evolve, the ethical issues in health care also bridge the gap between the separation of bioethics and public health ethics in the past. These complexities calls for the inclusion of ethics in public health education curricula and competencies across the many professions in public health, in the policy arena, as well as educational engagement with the public and the lay communities and other stakeholders.

  17. Community energy systems and the law of public utilities

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is given of the laws and programs of the State of Nebraska governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitiled ''Community Energy Systems and the Law of Public Utilities--Volume One: An Overview.'' This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  18. The ethics of big data as a public good: which public? Whose good?

    Science.gov (United States)

    Taylor, Linnet

    2016-12-28

    International development and humanitarian organizations are increasingly calling for digital data to be treated as a public good because of its value in supplementing scarce national statistics and informing interventions, including in emergencies. In response to this claim, a 'responsible data' movement has evolved to discuss guidelines and frameworks that will establish ethical principles for data sharing. However, this movement is not gaining traction with those who hold the highest-value data, particularly mobile network operators who are proving reluctant to make data collected in low- and middle-income countries accessible through intermediaries. This paper evaluates how the argument for 'data as a public good' fits with the corporate reality of big data, exploring existing models for data sharing. I draw on the idea of corporate data as an ecosystem involving often conflicting rights, duties and claims, in comparison to the utilitarian claim that data's humanitarian value makes it imperative to share them. I assess the power dynamics implied by the idea of data as a public good, and how differing incentives lead actors to adopt particular ethical positions with regard to the use of data.This article is part of the themed issue 'The ethical impact of data science'. © 2016 The Author(s).

  19. [A framework for evaluating ethical issues of public health initiatives: practical aspects and theoretical implications].

    Science.gov (United States)

    Petrini, Carlo

    2015-01-01

    The "Framework for the Ethical Conduct of Public Health Initiatives", developed by Public Health Ontario, is a practical guide for assessing the ethical implications of evidence-generating public health initiatives, whether research or non-research activities, involving people, their biological materials or their personal information. The Framework is useful not only to those responsible for determining the ethical acceptability of an initiative, but also to investigators planning new public health initiatives. It is informed by a theoretical approach that draws on widely shared bioethical principles. Two considerations emerge from both the theoretical framework and its practical application: the line between practice and research is often blurred; public health ethics and biomedical research ethics are based on the same common heritage of values.

  20. Publication ethics from the perspective of PhD students of health sciences: a limited experience.

    Science.gov (United States)

    Arda, Berna

    2012-06-01

    Publication ethics, an important subtopic of science ethics, deals with determination of the misconducts of science in performing research or in the dissemination of ideas, data and products. Science, the main features of which are secure, reliable and ethically obtained data, plays a major role in shaping the society. As long as science maintains its quality by being based on reliable and ethically obtained data, it will be possible to maintain its role in shaping the society. This article is devoted to the presentation of opinions of PhD candidate students in health sciences in Ankara concerning publication ethics. The data obtained from 143 PhD students from the fields of medicine, dentistry, pharmacy and veterinary reveal limited but unique experiences. It also shows that plagiarism is one of the worst issues in the publication ethics from the perspective of these young academics.

  1. The Selfie-Made Man: A Case Study in Law, Ethics, and Instagram

    Science.gov (United States)

    Burgunder, Lee B.

    2016-01-01

    Richard Prince a well-known appropriation artist, made headlines by pressing ever deeper into the gray areas of art, technology, and the law. Specifically, Prince took screenshots of personal photographs that were publicly displayed on Instagram accounts, included his own comments, enlarged and printed them on large canvases, and displayed them at…

  2. Development of Systematic Knowledge Management for Public Health: A Public Health Law Ontology

    Science.gov (United States)

    Keeling, Jonathan

    2012-01-01

    The Institute of Medicine has stated that legal structures and the authority vested in health agencies and other partners within the public health system are essential to improving the public's health. Variation between the laws of different jurisdictions within the United States allows for natural experimentation and research into their…

  3. ICRP Publication 138: Ethical Foundations of the System of Radiological Protection.

    Science.gov (United States)

    Cho, K-W; Cantone, M-C; Kurihara-Saio, C; Le Guen, B; Martinez, N; Oughton, D; Schneider, T; Toohey, R; ZöLzer, F

    2018-02-01

    Despite a longstanding recognition that radiological protection is not only a matter of science, but also ethics, ICRP publications have rarely addressed the ethical foundations of the system of radiological protection explicitly. The purpose of this publication is to describe how the Commission has relied on ethical values, either intentionally or indirectly, in developing the system of radiological protection with the objective of presenting a coherent view of how ethics is part of this system. In so doing, it helps to clarify the inherent value judgements made in achieving the aim of the radiological protection system as underlined by the Commission in Publication 103. Although primarily addressed to the radiological protection community, this publication is also intended to address authorities, operators, workers, medical professionals, patients, the public, and its representatives (e.g. NGOs) acting in the interest of the protection of people and the environment. This publication provides the key steps concerning the scientific, ethical, and practical evolutions of the system of radiological protection since the first ICRP publication in 1928. It then describes the four core ethical values underpinning the present system: beneficence/ non-maleficence, prudence, justice, and dignity. It also discusses how these core ethical values relate to the principles of radiological protection, namely justification, optimisation, and limitation. The publication finally addresses key procedural values that are required for the practical implementation of the system, focusing on accountability, transparency, and inclusiveness. The Commission sees this publication as a founding document to be elaborated further in different situations and circumstances.

  4. What makes public health studies ethical? Dissolving the boundary between research and practice.

    Science.gov (United States)

    Willison, Donald J; Ondrusek, Nancy; Dawson, Angus; Emerson, Claudia; Ferris, Lorraine E; Saginur, Raphael; Sampson, Heather; Upshur, Ross

    2014-08-08

    The generation of evidence is integral to the work of public health and health service providers. Traditionally, ethics has been addressed differently in research projects, compared with other forms of evidence generation, such as quality improvement, program evaluation, and surveillance, with review of non-research activities falling outside the purview of the research ethics board. However, the boundaries between research and these other evaluative activities are not distinct. Efforts to delineate a boundary - whether on grounds of primary purpose, temporality, underlying legal authority, departure from usual practice, or direct benefits to participants - have been unsatisfactory.Public Health Ontario has eschewed this distinction between research and other evaluative activities, choosing to adopt a common framework and process to guide ethical reflection on all public health evaluative projects throughout their lifecycle - from initial planning through to knowledge exchange. The Public Health Ontario framework was developed by a working group of public health and ethics professionals and scholars, in consultation with individuals representing a wide range of public health roles. The first part of the framework interprets the existing Canadian research ethics policy statement (commonly known as the TCPS 2) through a public health lens. The second part consists of ten questions that guide the investigator in the application of the core ethical principles to public health initiatives.The framework is intended for use by those designing and executing public health evaluations, as well as those charged with ethics review of projects. The goal is to move toward a culture of ethical integrity among investigators, reviewers and decision-makers, rather than mere compliance with rules. The framework is consonant with the perspective of the learning organization and is generalizable to other public health organizations, to health services organizations, and beyond. Public

  5. [Algorithm for application of the "ethical guidelines for epidemiological research" and taxonomy of public health research].

    Science.gov (United States)

    Okamoto, Etsuji

    2003-11-01

    "Ethical Guidelines for Epidemiological Research" took effect in July 2002, with a moral duty of all researchers to comply when conducting epidemiological studies although it is not legally binding. Public health research entails various forms of studies including not only epidemiological studies but also attention to psychological, societal and economic aspects, which are outside of the jurisdiction of the guidelines. Hence, confusion may arise among members of Japanese Society of Public Health as to whether the study they conduct falls within the definition of epidemiological research. The author discusses legal interpretations of the guidelines arising in the course of translation work as part of government-funded project, "Dissemination of the 'Ethical Guidelines for Epidemiological Research' via Internet (principal investigator: Toru Doi)" and argues that a case-method approach would be best suited to enhance understanding by researchers with diverse, non-legal backgrounds. The author proposes an algorithm for classification of studies as to whether the guideline applies, and applies it to all original articles published in the Japanese Journal of Public Health (JJPH) in one year (March 2002 thru February 2003). The rationale for classification is discussed from the strict legal viewpoint in each case. Sixteen out of 46 original articles published in JJPH for one year were classified as epidemiological studies to which the guidelines apply. Those classified otherwise were psychological studies (10), epidemiological studies not targeting specific diseases and are exempt form the guidelines (3), purely methodological studies (4), economics studies (3), fact-finding or opinion surveys with no hypothesis testing (2), as well as studies authorized by law (4) or using unlinkable anonymous data only (4), all of which are exempt from the guidelines. Reference to ethical considerations in the methodology section as required by the instructions for authors was generally

  6. Encyclopedia of Public International Law, 8 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1986-01-01

    Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (8. Human Rights and the Individual in International Law. International Economic Relations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1985

  7. THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Valentine Charlotte ENE

    2014-06-01

    Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

  8. PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

    Directory of Open Access Journals (Sweden)

    MARIUS ANDREESCU

    2011-04-01

    Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

  9. Nursing Students' Use of Electronic and Social Media: Law, Ethics, and E-Professionalism.

    Science.gov (United States)

    Westrick, Susan J

    2016-01-01

    This article discusses the promotion of professionalism in nursing students with regard to the use of electronic and social media. Misuse of social media can lead to disciplinary actions and program dismissal for students and to legal actions and lawsuits for nursing programs. Programs are concemed about breaches of patient confidentiality and release of private or inappropriate information that jeopardizes clinical placements and relationships. The American Nurses Association Code of Ethics and National Council of State Boards of Nursing social media guidelines provide a foundation for promoting e-professionalism in students. Recent law cases involving students who were dismissed from nursing programs due to social media misuse are analyzed. Schools need policies that clearly establish expectations and the consequences of misuse of social media platforms. Lessons learned from the legal cases presented provide further guidance for both nursing students and nursing programs.

  10. [Animal ethics in the 19th century and Swiss animal protection law].

    Science.gov (United States)

    Bloch, I

    2018-01-01

    The development of animal ethics and animal rights from the antiquity up to modern times is described. The relationship of humans to animals was primarily based on fear and animal cult, developed by the domestication to a partnership. The philosophers of the early modern age denied the animals the reason, what was disadvantageous to the position of the animals in the society and the behavior of humans to the animals. By the end of the 19th century the animal protection concept developed with numerous postulates for legal regulations. With the Swiss animal protection law, which came into force in 1981, most of the postulates could be realised. It is shown, how animal protection has developed since that time.

  11. Ethical models underpinning responses to threats to public health: a comparison of approaches to communicable disease control in Europe.

    Science.gov (United States)

    Gainotti, Sabina; Moran, Nicola; Petrini, Carlo; Shickle, Darren

    2008-11-01

    Increases in international travel and migratory flows have enabled infectious diseases to emerge and spread more rapidly than ever before. Hence, it is increasingly easy for local infectious diseases to become global infectious diseases (GIDs). National governments must be able to react quickly and effectively to GIDs, whether naturally occurring or intentionally instigated by bioterrorism. According to the World Health Organisation, global partnerships are necessary to gather the most up-to-date information and to mobilize resources to tackle GIDs when necessary. Communicable disease control also depends upon national public health laws and policies. The containment of an infectious disease typically involves detection, notification, quarantine and isolation of actual or suspected cases; the protection and monitoring of those not infected; and possibly even treatment. Some measures are clearly contentious and raise conflicts between individual and societal interests. In Europe national policies against infectious diseases are very heterogeneous. Some countries have a more communitarian approach to public health ethics, in which the interests of individual and society are more closely intertwined and interdependent, while others take a more liberal approach and give priority to individual freedoms in communicable disease control. This paper provides an overview of the different policies around communicable disease control that exist across a select number of countries across Europe. It then proposes ethical arguments to be considered in the making of public health laws, mostly concerning their effectiveness for public health protection.

  12. PUBLIC PROCUREMENT IN GHANA: THE IMPLEMENTATION CHALLENGES TO THE PUBLIC PROCUREMENT LAW 2003 (ACT 663

    Directory of Open Access Journals (Sweden)

    Ameyaw, Collins

    2012-08-01

    Full Text Available The purpose of this study was to identify various implementation bottlenecks to the Ghana Public Procurement Law 2003 (Act 663. The study adopted multiple research approaches, including; review of relevant literature, interviews and questionnaire survey of 49 District Assemblies and Metropolitan and Municipal Assemblies in the Ashanti and Brong Ahafo Regions of Ghana. The study identified low capacity of procurement professionals, low interaction between procurement entities and Public Procurement Authority (PPA, deliberate controlling of competition, non-compliance with provisions of the law, splitting of contracts into smaller lots, lack of funds and non-cooperativeness of suppliers, as the major challenges militating against the implementation of the Public Procurement Law.

  13. The study of knowledge, attitude and practice of medical law and ethics among doctors in a tertiary care hospital

    International Nuclear Information System (INIS)

    Tahira, Q.U.A.; Lodhi, S.; Haider, S.T.; Abaidullah, S.

    2013-01-01

    Objective: To assess the knowledge, attitude and practice regarding medical law and ethics among doctors of a medical unit in a tertiary care teaching hospital in Lahore. Study Design: Descriptive cross sectional study. Methodology: A three part self - administered structured questionnaire designed to test the knowledge and practices regarding medical law and ethics was distributed among doctors in a medical unit in Mayo Hospital, Lahore during September - October, 2012. Results: The 52 respondent doctors included in the study comprised of 20 (38.5%) house officers, 22 (42.3%) postgraduate residents and 10 (19.2%) consultants. In keeping with the Pakistan Medical and Den-tal Council code of ethics, the correct responses of house officers, postgraduate residents and consultants regarding knowledge of medical law and ethics were respectively 50%, 27.3% and 10% for patient's autonomy, 40%, 36.4% and 10% for adhering to patient's wishes, 10%, 63.6% and 50% for breaching confidentiality, 35%, 36.4% and 0% for informed consent, 10%, 22.7% and 10% for doing best regardless of patient's opinion, 5%, 31.8% and 10% for informing patient's relatives, 15%, 4.5% and 0% for treating violent patients. The practical application part of the questionnaire was a general reflection of the knowledge and attitudes. Conclusion: Most of the doctors were poorly acquainted with PMDC code of ethics. (author)

  14. Ethics in public health: call for shared moral public health literacy.

    Science.gov (United States)

    Maeckelberghe, Els L M; Schröder-Bäck, Peter

    2017-10-01

    Public Health (PH) in Europe has become much more vocal about its moral understandings since 1992. The rising awareness that PH issues were inseparable from issues of human rights and social justice almost self-evidently directed the agenda of EUPHA and the European Public Health (EPH)-conferences. Problems of cultural and behavioural change, and environmental issues on a global scale were also added. The Section Ethics in PH invited the EPH community to join in 'arm chair thinking': coming together at conferences not only to share the 'how' and 'what' of PH research, practices and policies but also the 'why'. Time has been reserved to genuinely discuss what moral values are at stake in the work of PH and to actively develop a moral language and framework for PH Ethics. The challenge for the next decades is to find ways to involve the general public in the cultivation of a shared moral PH literacy. © The Author 2017. Published by Oxford University Press on behalf of the European Public Health Association. All rights reserved.

  15. 75 FR 27855 - Certifications Pursuant to Section 609 of Public Law 101-162

    Science.gov (United States)

    2010-05-18

    ... DEPARTMENT OF STATE [Public Notice 7013] Certifications Pursuant to Section 609 of Public Law 101... Law 101-162 (``Section 609''), that 13 nations have adopted programs to reduce the incidental capture... 609 of Public Law 101-162 prohibits imports of certain categories of shrimp unless the President...

  16. Money Ethic, Moral Conduct and Work Related Attitudes: Field Study From the Public Sector in Swaziland

    OpenAIRE

    Gbadamosi, Gbolahan; Joubert, P.

    2005-01-01

    Purpose \\ud This study investigates perception of ethical and moral conduct in the public sector in Swaziland, specifically, the relationship among: money ethic, attitude towards business ethics, corruption perception, turnover intention, job performance, job satisfaction, and the demographic profile of respondents.\\ud Methodology/Approach\\ud The study was a survey using self-administered questionnaires. Using stratified sampling technique in selected organisations, usable data was collected ...

  17. PROFESSIONALISM AND ETHICS: IS THE TOBACCO INDUSTRY DAMAGING THE HEALTH OF THE PUBLIC RELATIONS PROFESSION?

    Directory of Open Access Journals (Sweden)

    Adnan Hussein

    2006-01-01

    Full Text Available In most parts of the world, public relations (PR is seeking recognition as a profession. The path to gaining professional status hinges on its adherence to professional ethical standards. This paper argues that it is inappropriate for public relations practitioners to represent the tobacco industry because it is against the PR ethics of upholding truth and public interest. The paper cites historical tobacco industry documents to reveal that the industry would not hesitate to use unethical means to maximise profits.

  18. Soft law in public international law : a pragmatic or a principled choice?

    NARCIS (Netherlands)

    Brus, Marcel M.T.

    2017-01-01

    This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

  19. Evoking the Moral Imagination: Using Stories to Teach Ethics and Professionalism to Nursing, Medical, and Law Students.

    Science.gov (United States)

    Weisberg, Mark; Duffin, Jacalyn

    1995-01-01

    A program that brings together students entering demanding professions (law, medicine, and nursing) to explore issues of ethics and professionalism is described. The course uses thought-provoking stories, classroom discussion, student journals, and collaborative teaching. Lessons learned from teaching the course a number of times are also…

  20. Public Ethics in Educational Organizations: How to Manage For Achieving Common Wealth

    Directory of Open Access Journals (Sweden)

    Ana Prieto Sánchez

    2007-04-01

    Full Text Available The objective of this essay is to reflect about the rol that should be assumed by the management of the educational organizations, as public administration’s leaders, under a perspective of public ethics based on values, like fundamental pillars of how to achieve the common wealth. The method used was documentary, consulting authors as Aranguren (1996, Santana (2000, Arana (2000 y Camargo (1998. It could be concluded: the educational manager as ethics public leader, should encourage the social learning of values to change from a right ethics to a responsibility ethics, in order to obtain a social transformation. The education and the educational policies are the way to achieve the convivence and the common wealth, when they are practiced by the ethics manager, presents in the educational organizations.

  1. The Ethical Behaviors of Educational Leaders in Ethiopian Public Universities: The Case of the Western Cluster Universities

    Science.gov (United States)

    Amsale, Frew; Bekele, Mitiku; Tafesse, Mebratu

    2016-01-01

    The purpose of this study was to assess the extent to which educational leaders in the western cluster public universities of Ethiopia are ethical. Ethical leadership variables such as fairness, equity, multicultural competence, modeling ethical behaviors and altruism are considered in describing the ethical behaviors of the leaders. Descriptive…

  2. Encyclopedia of Public International Law, 9 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1988-01-01

    Tutvustus: Encyclopedia of Public International Law / published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (9. International Relations and Legal Cooperation in General. Diplomacy and Consular Relations and 10. States. Responsibility of Sates. International Law and Municipal Law). Amsterdam, New York, Oxford : North-Holland Publishing Company, 1986-1987. Pp. XV, 425 and pp. XV, 543

  3. Can UK NHS research ethics committees effectively monitor publication and outcome reporting bias?

    Science.gov (United States)

    Begum, Rasheda; Kolstoe, Simon

    2015-07-25

    Publication and outcome reporting bias is often caused by researchers selectively choosing which scientific results and outcomes to publish. This behaviour is ethically significant as it distorts the literature used for future scientific or clinical decision-making. This study investigates the practicalities of using ethics applications submitted to a UK National Health Service (NHS) research ethics committee to monitor both types of reporting bias. As part of an internal audit we accessed research ethics database records for studies submitting an end of study declaration to the Hampshire A research ethics committee (formerly Southampton A) between 1st January 2010 and 31st December 2011. A literature search was used to establish the publication status of studies. Primary and secondary outcomes stated in application forms were compared with outcomes reported in publications. Out of 116 studies the literature search identified 57 publications for 37 studies giving a publication rate of 32%. Original Research Ethics Committee (REC) applications could be obtained for 28 of the published studies. Outcome inconsistencies were found in 16 (57%) of the published studies. This study showed that the problem of publication and outcome reporting bias is still significant in the UK. The method described here demonstrates that UK NHS research ethics committees are in a good position to detect such bias due to their unique access to original research protocols. Data gathered in this way could be used by the Health Research Authority to encourage higher levels of transparency in UK research.

  4. Ethical Values, the Flow of Journalistic Information and Public Relations Persons.

    Science.gov (United States)

    Ryan, Michael; Martinson, David L.

    1984-01-01

    Reports on a study that found that public relations practitioners respond in different ways to different moral-ethical dilemmas and that they tend to think they are accountable in some situations to an authority higher than management. Concludes that subjectivism is the prevailing moral-ethical theory of practitioners. (FL)

  5. Comparison of Ethical Dilemmas across Public and Private Sectors in Rehabilitation Counseling Practice

    Science.gov (United States)

    Beveridge, Scott; Garcia, Jorge; Siblo, Matt

    2015-01-01

    Purpose: To examine the nature of ethical dilemmas most frequently reported by rehabilitation counselors in the private and public sectors and determine if significant differences exist in how practitioners experience ethical dilemmas in these two settings. Method: A mixed-methods internet-based survey design was utilized and included descriptive,…

  6. Materialities of Law: Celebrity Production and the Public Domain

    Directory of Open Access Journals (Sweden)

    Esther Milne

    2009-12-01

    Full Text Available Celebrity production and consumption are powerful socio-economic forces. The celebrity functions as a significant economic resource for the commercial sector and plays a fundamental symbolic role within culture by providing a shared ‘vocabulary’ through which to understand contemporary social relations. A pivotal element of this allure is the process by which the celebrity figure is able to forge an intimate link with its audience, often producing public expressions of profound compassion, respect or revulsion. This process, however, is complicated by emerging participatory media forms whose impact is experienced as new conditions of possibility for celebrity production and consumption. As Marshall argues, video mash-ups of celebrity interviews, such as those of Christian Bale or Tom Cruise, are dramatically changing the relation between celebrity and audience (Marshall, 2006: 640. Meanings produced by these audience remixes challenge the extent to which a celebrity might control her image. So is the celebrity personality, therefore, a public or private commodity? Who owns the celebrity image within remix culture? Although the celebrity figure has been thoroughly researched in relation to its patterns of consumption; semiotic power; and industry construction; less attention has been focused on the forms of celebrity governance enabled by legislative and case law settings. How might the law deal with the significant economic and cultural power exercised within celebrity culture?

  7. Workers safety in public psychiatric services: problems, laws and protections.

    Science.gov (United States)

    Carabellese, F; Urbano, M; Coluccia, A; Gualtieri, G

    2017-01-01

    The dramatic case of murder of a psychiatrist during her service in her public office (Centro di Salute Mentale of Bari-Libertà) has led the authors to reflect on the safety of workplaces, in detail of public psychiatric services. It is in the light of current legislation, represented by the Legislative Decree of April 9th, 2008 no. 81, which states the implementing rules of Law 123/2007. In particular, the Authors analyzed the criticalities of the application of this Law, with the aim of safeguarding the health and safety of the workers in all psychiatric services (nursing departments, outpatient clinics, community centers, day care centers, etc.). The Authors suggest the need to set up an articulated specific organizational system of risk assessment of psychiatric services, that can prevent and protect the workers from identified risks, and finally to ensure their active participation in prevention and protection activities, in absence of which specific profiles of responsibility would be opened up to the employers.

  8. Representation or reason: consulting the public on the ethics of health policy.

    Science.gov (United States)

    Mullen, Caroline

    2008-12-01

    Consulting the public about the ethical approaches underlying health policies can seem an appealing means of addressing concerns about limited public participation in development of health policy. However ambiguity surrounds questions of whether, or how consultation can really contribute to more defensible decisions about ethical aspects of policy. This paper clarifies the role and limits of public consultation on ethics, beginning by separating different senses of defensibility in decisions on ethics. Defensibility of ethical decisions could be understood either in the sense of legitimacy in virtue of reflecting the opinions of the public whose interests are affected, or in the sense of being able to withstand and respond to challenges presented in ethical debate. The question then is whether there are forms of consultation which have the potential to realise more defensible decisions in either of these senses. Problems of adequately accounting for the views of those affected by policy decisions casts doubt on the plausibility of using consultation as a means of determining the opinions of the public. Consultation can have a role by bringing new ideas and challenges to debate, although it is uncertain whether this will increase the defensibility of any decision on ethics.

  9. Quality of publication ethics in the instructions to the authors of Iranian journals of medical sciences.

    Science.gov (United States)

    Salamat, Fatemeh; Sobhani, Abdol-Rasoul; Mallaei, Mahin

    2013-03-01

    Providing a perfect instruction to authors can prevent most potential publication ethics errors. This study was conducted to determine the quality of ethical considerations in the instructions to the authors of Iranian research scientific journals of medical sciences (accredited by the Commission for Accreditation and Improvement of Iranian Medical Journals) in October 2011. Checklist items (n=15) were extracted from the national manual of ethics in medical research publications, and the validity of the manual of ethics was assessed. All the accredited Iranian journals of medical sciences (n=198) were entered into the study. The instructions to the authors of 160 accredited Iranian journals were available online and were reviewed. The ANOVA and Kendall Correlation coefficient were performed to analyze the results. A total of 76 (47.5%) of the 160 journals were in English and 84 (52.5%) were in Farsi. The most frequently mentioned items related to publication ethics comprised "commitment not to send manuscripts to other journals and re-publish manuscripts" (85%, 83.8%), "aim and scope" of the journal (81.9%), "principles of medical ethics in the use of human samples" (74.4%), and "review process" (74.4%). On the other hand, the items of "principles of advertising" (1.2%), "authorship criteria" (15%), and "integrity in publication of clinical trial results" (30.6%) were the least frequently mentioned ones. Based on the study findings, the quality of publication ethics, as instructed to the authors, can improve the quality of the journals.

  10. The Role of Ethics and Auditing in Restoring Public Trust in ...

    African Journals Online (AJOL)

    The Role of Ethics and Auditing in Restoring Public Trust in Corporate Reporting. ... PROMOTING ACCESS TO AFRICAN RESEARCH ... Inadequate audits, poor corporate governance, lax standards and insufficient regulatory oversight were ...

  11. TEACHING SCHOOL PAPER UNDER THE VIEWPOINT OF LAW 10639/03 and 11645/08: NOTES ETHICAL AND ETHNIC

    Directory of Open Access Journals (Sweden)

    Sônia Aparecida Siquelli

    2013-04-01

    Full Text Available This article presents an analysis of teacher education from the school of ethical responsibility toward ethnic differences exist in Brazilian society. Categories such as alterity, nostridade and dialogue are seen as ethical condition of the formation of this ethnic consciousness. This triad lets discuss existing policies and pedagogical practices of educational professionals, from law 10639/03 and 11645/08, which brings the requirement to incorporate into the curriculum of basic education and the teaching of history and Afro-Brazilian Culture African. Points of teaching practice and school that promotes not only the creation of an ethical act in teaching that accounts for the formation of a consciousness that minimizes ethnic differences, but that gives meaning to the act of educating students as human beings need to be accepted, included in relations of equality and not just beings of rights guaranteed by law. The laws and resolutions as necessary only make sense if accompanied by an ethic that realizes the aspirations of having an egalitarian, less individualistic and more human.

  12. Living apart together: the relationship between public and private international law

    NARCIS (Netherlands)

    de Boer, T.M.

    2010-01-01

    There have been times when public and private international law were closely related. As a means to solve conflicts of sovereign jurisdiction, conflicts law used to be considered as an integral part of the law of nations. Even after Savigny shifted the focus of private international law from the

  13. Public Policy Exceptions in European Private Law : A New Research Project

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia

    2014-01-01

    Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private

  14. Encyclopedia of Public International Law, 3 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1983-01-01

    Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 3 (A_M) and 4 (N-Z): Use of Force. War and Neutrality. Peace treaties. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1982

  15. Encyclopedia of Public International Law, 2 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1982-01-01

    Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (2. Decisions of International Courts and Tribunals and International Arbitrations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1981

  16. Encyclopedia of Public International Law, 5 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1983-01-01

    Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 5. International Organizations in General. Universal International Organisazations and Cooperation. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

  17. Encyclopedia of Public International Law, 6 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1984-01-01

    Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (6. regional Cooperation, Organization Problems). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

  18. Public and Private School Principals' Knowledge of Special Education Law

    Science.gov (United States)

    Boyd, Marie Nicole

    2018-01-01

    The purpose of this study is to examine the knowledge of special education law held by public and private school principals as the law pertains to providing the appropriate services to students with disabilities. Numerous studies have investigated public school principals' level of preparation, training, and role within in special education law.…

  19. French law on Muslim veil wearing in public schools

    Directory of Open Access Journals (Sweden)

    Božić Marko

    2012-01-01

    Full Text Available Combining normative analysis of a legal text with a study of a wider social and historical context, this paper tries to prove that the French Law of 15th March 2004, which forbids displaying of religious symbols, and most of all, the Muslim veil in public schools, does not represent a continuation, but a break up with a liberal-democratic tradition of protection of religious rights of the Fifth Republic. The aforementioned legislation radically changes the idea of profane, which is, religiously neutral country, as there is a value itself that is being created out of laicité - an instrumental principle of protection of the freedom of religion, whose protection requires a limitation of the religious freedom. In order to understand the motives of the French legislator, it is necessary to accompany the normative analysis of laws with an observation of a wider social context in which the mentioned problem occurs. Therefore, this paper takes into account the need for a multidisciplinary approach, that is, the need to consider both the historical perspective and the social analysis of the context of the legal prohibition. We are of belief that from a methodological aspect this paper represents a contribution to those positions in legal science which insist on the necessity of studying a wider social background of normative solutions as a prerequisite for a successful analysis of a legal text.

  20. lawstat: An R Package for Law, Public Policy and Biostatistics

    Directory of Open Access Journals (Sweden)

    Wallace Hui

    2008-01-01

    Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

  1. THE MAN CATEGORY IN PUBLIC POLICIES AND BRAZILIAN LAWS

    Directory of Open Access Journals (Sweden)

    Samantha Alflen Banin

    2016-11-01

    Full Text Available This article discusses the view of man as a gender category in public policies and national laws, especially those focused on violence against women. With this objective, it contextualizes the studies of feminisms and masculinities as theories and epistemology that guide the analysis of 17 official Brazilian documents selected for this study. This analysis seeks to clarify how the gendered man has been understood in various documents over the years. It discusses how the formulation of laws can provide a new accountability approach beyond the punishment of these men. It also investigates the regulation of some of the existing groups of men who have used violence against women in the country. It finalizes claiming the importance of these reflections for the debate on gender and masculinities in pursuit of a more effective system of prevention and eradication of violence against women. It discusses and argues in favor of both changing the way this category is addressed in official documents, and formalizing spaces for reflection for men who have used violence against women.

  2. Public health ethics and a status for pets as person-things : revisiting the place of animals in urbanized societies.

    Science.gov (United States)

    Rock, Melanie; Degeling, Chris

    2013-12-01

    Within the field of medical ethics, discussions related to public health have mainly concentrated on issues that are closely tied to research and practice involving technologies and professional services, including vaccination, screening, and insurance coverage. Broader determinants of population health have received less attention, although this situation is rapidly changing. Against this backdrop, our specific contribution to the literature on ethics and law vis-à-vis promoting population health is to open up the ubiquitous presence of pets within cities and towns for further discussion. An expanding body of research suggests that pet animals are deeply relevant to people's health (negatively and positively). Pet bylaws adopted by town and city councils have largely escaped notice, yet they are meaningful to consider in relation to everyday practices, social norms, and cultural values, and thus in relation to population health. Nevertheless, not least because they pivot on defining pets as private property belonging to individual people, pet bylaws raise emotionally charged ethical issues that have yet to be tackled in any of the health research on pet ownership. The literature in moral philosophy on animals is vast, and we do not claim to advance this field here. Rather, we pragmatically seek to reconcile philosophical objections to pet ownership with both animal welfare and public health. In doing so, we foreground theorizations of personhood and property from sociocultural anthropology.

  3. Ethics Instruction for Future Geoscientists: Essential for Contributions to Good Public Policy

    Science.gov (United States)

    Leinen, M.; Mogk, D. W.

    2016-12-01

    Geoscientists work in a world of uncertainty in the complex, dynamic, and chaotic Earth system that is fraught with opportunities to become involved in ethical dilemmas. To be effective contributors to the public discourse on Earth science policy, geoscientists must conduct their work according to the highest personal and professional ethical standards. The geosciences as a discipline relies on the fidelity of geoscience data and their interpretations, geoscience concepts and methodologies must be conveyed to policy makers in ways that allow them to make informed decisions, corporations require a workforce that conducts their affairs according to the highest standards, and the general public expects the highest standards of conduct of geoscientists as they underwrite much of the research supported through tax dollars and the applications of this research impacts personal and societal lives. Geoscientists must have the foundations to identify ethical dilemmas in the first instance, and to have the ethical decision-making skills to either prevent, mitigate or otherwise address ethical issues that arise in professional practice. Awareness of ethical issues arises in many dimensions: Ethics and self (engaging self-monitoring and self-regulating behaviors); Ethics and profession (working according to professional standards); Ethics and society (communicating effectively to policy makers and the general public about the underlying science that informs public policy); and, Ethics and Earth (recognizing the unique responsibilities of geoscientists in the stewardship of Earth). To meet these ethical challenges, training of future geoscientists must be done a) at the introductory level as all students should be aware of ethical implications of geoscience concepts as they impact societal issues; undergraduate geoscience majors need to be explicitly trained in the standards and norms of the geoscience community of practice; graduate students need to be fully prepared to deal

  4. A Review of Perspectives on Frameworks for Ethical Theories in Public Service Life

    Directory of Open Access Journals (Sweden)

    Deoram Sing

    2016-06-01

    Full Text Available Given the dynamic and changing interwoven and intertwined internal and external environments impacting on public service life, establishing and promoting a proper ethical foundation in public service life, has in itself emerged as a profound and daunting challenge, a worldwide phenomenon. The role of frameworks for ethical theories  –  such as teleological, deontological, virtue-based, and learning and growth, is crucial to dealing with this challenge. It is the view of the author that a keen grasp and application of the various frameworks, as well as their various components, could project their viewing and that of their components, not in isolation, but in an interconnected and intertwined manner. This could enhance the clarification of ethical and moral alternatives, as well as facilitate the spreading and diffusion of techniques for ethical reasoning and moral awareness, throughout public service life.

  5. Regulating internet access in UK public libraries: legal compliance and ethical dilemmas

    OpenAIRE

    Muir, Adrienne; Spacey, Rachel; Cooke, Louise; Creaser, Claire

    2016-01-01

    Purpose – This paper aims to consider selected results from the Arts and Humanities Research Council (AHRC) funded “Managing Access to the internet in Public Libraries” (MAIPLE) project, from 2012-2014. MAIPLE has explored the ways in which public library services manage use of the internet connections that they provide for the public. This included the how public library services balance their legal obligations and the needs of their communities in a public space and the ethical dilemmas tha...

  6. Using the laws and the regularities of public administration in the state strategic planning

    Directory of Open Access Journals (Sweden)

    O. L. Yevmieshkina

    2016-03-01

    Full Text Available The article researches the use of laws of public administration in the state strategic planning; defined a methodological basis of state strategic planning. State strategic planning as a function of public administration exists in accordance with its laws and regularities. Author established the use of public administration laws as: unity socio-economic system, required diversity, system integrity, unity techniques and basic functions of social management at all levels of public administration: central, sectorial, regional. At the public administration level this laws as a rule us in working and realization of state strategy, state, region and sectorial program, which directed to improve of political, economic and social process. State strategic planning as a function of public administration exists in accordance with its laws. The law in our research is considered as objective, substantive, necessary, sustainable relationship between events. The most essential feature of law is reflecting the objective state of affairs, objective relations between things, items and phenomenon’s. The other difficult sign of law is necessity as relation, which inevitably revealed in the development process of different things. Law category with regularity category is relation. Regularity is wider category then the law. The state strategic planning is an integrated, systematic process due to the action and use laws and regularities of public administration. That improves the efficiency of public administration.

  7. Public health ethics: asylum seekers and the case for political action.

    Science.gov (United States)

    McNeill, Paul M

    2003-10-01

    This paper is a case study in public health ethics. It considers whether there is a basis in ethics for political action by health professionals and their associations in response to inhumane treatment. The issue arises from Australia's treatment of asylum seekers and the charge that this treatment has been both immoral and inhumane. This judgement raises several questions of broader significance in bioethics and of significance to the emerging field of public health ethics. These questions relate to the role of health professionals in response to inhumane treatment of people in their charge; to the discipline of public health in light of a growing recognition of its ethical basis; and the role of public health and bioethical associations in response to ethical issues arising in a political context. It is argued that, in serious cases of humanitarian and human rights abuses affecting health and well-being, there is a case for political action by health professionals, academic and professional institutions, and associations of public health and ethics.

  8. Guidelines for the Ethical Publication of Facial Photographs and Review of the Literature.

    Science.gov (United States)

    Bennett, Katelyn G; Bonawitz, Steven C; Vercler, Christian J

    2018-01-01

    Facial photography presents a unique ethical dilemma, as faces are difficult to deidentify for publication. We performed a review of the literature to examine current guidelines for the publication of facial photographs. We also reviewed societies' websites, journal requirements, and ethical and legal aspects of confidentiality. Most articles emphasized the importance of consent for photography and publication. Masking is not appropriate, but some journals continue to allow masking. Most legislation allows patients to restrict the uses of photographs. In the end, it is imperative to protect patient privacy by obtaining consent for photograph publication after full disclosure of risks, and specific recommendations are provided regarding a comprehensive consent process.

  9. Three comments on the combination of public law and private law principles in the new legislation governing radioactive waste management

    International Nuclear Information System (INIS)

    Handrlica, Jakub

    2017-01-01

    This article discusses the issue of mixed public and private law in the Nuclear Energy Act, in particular with regard to the legal framework governing radioactive waste management. In fact, neither the old nor the new legal arrangements are exclusively of public law nature because a number of private law items are included. This fact is illustrated on some examples including provisions on liability for nuclear damage, the legal authority of the Radioactive Waste Repository Agency, and financial compensation to municipalities affected by the preparation of a deep geological radioactive waste disposal facility. (orig.)

  10. Practical divinity and medical ethics: lawful versus unlawful medicine in the writings of William Perkins (1558-1602).

    Science.gov (United States)

    Gevitz, Norman

    2013-04-01

    This article examines for the first time the theologically based medical ethics of the late sixteenth-century English Calvinist minister William Perkins. Although Perkins did not write a single focused book on the subject of medical ethics, he addressed a variety of moral issues in medicine in his numerous treatises on how laypeople should conduct themselves in their vocations and in all aspects of their daily lives. Perkins wrote on familiar issues such as the qualities of a good physician, the conduct of sick persons, the role of the minister in healing, and obligations in time of pestilence. His most significant contribution was his distinction between "lawful" and "unlawful" medicine, the latter category including both medical astrology and magic. Perkins's works reached a far greater audience in England and especially New England than did the treatises of contemporary secular medical ethics authors and his writings were influential in guiding the moral thinking of many pious medical practitioners and laypersons.

  11. What makes public health studies ethical? Dissolving the boundary between research and practice

    Science.gov (United States)

    2014-01-01

    Background The generation of evidence is integral to the work of public health and health service providers. Traditionally, ethics has been addressed differently in research projects, compared with other forms of evidence generation, such as quality improvement, program evaluation, and surveillance, with review of non-research activities falling outside the purview of the research ethics board. However, the boundaries between research and these other evaluative activities are not distinct. Efforts to delineate a boundary – whether on grounds of primary purpose, temporality, underlying legal authority, departure from usual practice, or direct benefits to participants – have been unsatisfactory. Public Health Ontario has eschewed this distinction between research and other evaluative activities, choosing to adopt a common framework and process to guide ethical reflection on all public health evaluative projects throughout their lifecycle – from initial planning through to knowledge exchange. Discussion The Public Health Ontario framework was developed by a working group of public health and ethics professionals and scholars, in consultation with individuals representing a wide range of public health roles. The first part of the framework interprets the existing Canadian research ethics policy statement (commonly known as the TCPS 2) through a public health lens. The second part consists of ten questions that guide the investigator in the application of the core ethical principles to public health initiatives. The framework is intended for use by those designing and executing public health evaluations, as well as those charged with ethics review of projects. The goal is to move toward a culture of ethical integrity among investigators, reviewers and decision-makers, rather than mere compliance with rules. The framework is consonant with the perspective of the learning organization and is generalizable to other public health organizations, to health services

  12. Service delivery and ethical conduct in the public service: the missing links

    Directory of Open Access Journals (Sweden)

    L. Lues

    2007-07-01

    Full Text Available There are a multitude of policies, strategies and programmes directed at the rendering of effective services to the citizens of South Africa by public service managers. However, in spite of the pursuit of effectiveness and the condemning of unethical behaviour by public service managers, scandals still occur and allegations are still made. So, where are the missing links? In this article, a brief description is given of some ethical concepts viewed as important in addressing the question posed. The concluding remarks are twofold: public service organisations need to provide continuous commitment, enforcement, and modelling of leadership in professional ethics by means of, among other things, policy structures; and public service managers need to realise the importance of changing their own mindset and accepting the ethical standards that are established by the public service organisation, even if these differ from their own beliefs and culture.

  13. The Public Ethics of Sovereignty of Evil and Political Liberalism

    Directory of Open Access Journals (Sweden)

    Elvio Baccarini

    2012-01-01

    Full Text Available The paper debates the issue of the preventive procedural concept of politics versus the aspirational liberal concept of politics as discussed in Derek Edyvane's book Civic Virtue and the Sovereignty of Evil: Political Ethics in Uncertain Times. The author indicates the necessity to conceptually differentiate sovereign evils from universal evils, and offers a defense of the liberal concept of justice.

  14. [Training of managers and politicians in ethics of science and ethics of public health].

    Science.gov (United States)

    Beaudry, Nicole

    2013-01-01

    First of all, I will identify the various possible objectives of training in ethics of science and health. I will then examine the institutional context in which managers and politicians act in the light of what is done in Quebec. This analysis will lead me to defend the thesis that in Quebec at least such training is necessary.

  15. The Ethics of Belief, Cognition, and Climate Change Pseudoskepticism: Implications for Public Discourse.

    Science.gov (United States)

    Torcello, Lawrence

    2016-01-01

    The relationship between knowledge, belief, and ethics is an inaugural theme in philosophy; more recently, under the title "ethics of belief" philosophers have worked to develop the appropriate methodology for studying the nexus of epistemology, ethics, and psychology. The title "ethics of belief" comes from a 19th-century paper written by British philosopher and mathematician W.K. Clifford. Clifford argues that we are morally responsible for our beliefs because (a) each belief that we form creates the cognitive circumstances for related beliefs to follow, and (b) we inevitably influence each other through those beliefs. This study argues that recent cognitive research supports Cliffordian insights regarding patterns of belief formation and social influence. From the confirmation offered by such research, it follows that informational accuracy holds serious ethical significance in public discourse. Although scientific and epistemological matters are not always thought to be linked to normative morality, this study builds on Clifford's initial insights to show their linkage is fundamental to inquiry itself. In turn, Clifford's ethical and epistemic outline can inform a framework grounded in "public reason" under which seemingly opposed science communication strategies (e.g., "information deficit" and "cultural cognition" models) are philosophically united. With public discourse on climate change as the key example, empirically informed and grounded strategies for science communication in the public sphere are considered. Copyright © 2016 Cognitive Science Society, Inc.

  16. [Occupational medicine: practice and ethical requirements of the new law on health and safety in the workplace (legislative decree 81/2008)].

    Science.gov (United States)

    Franco, Giuliano; Mora, Erika

    2009-01-01

    Decisions in occupational health may involve ethical conflicts arising from conflicts between stakeholders' interests. Codes of ethics can provide a practical guide to solve dilemmas. The new law on health and safety in the workplace in Italy (decree 81/2008) states that occupational health practice must comply with the code of ethics of the International Commission on Occupational Health. The universally acknowledged ethical principles of beneficience/nonmaleficience, autonomy and justice, which are the basis of the Charter of fundamental rights of the European Union, inspired this code. Although the code is not a systematic textbook of occupational health ethics and does not cover all possible aspects arising from the practice, making decisions based on it will assure their effectiveness and compliance with ethical principles, besides the formal respect of the law.

  17. Methodologic and ethical ramifications of sex and gender differences in public health research.

    Science.gov (United States)

    Lawrence, Kitty; Rieder, Anita

    2007-01-01

    Experience and investigative studies have shown that inequalities still exist between the sexes as well as in how public health policies and strategies approach the needs of the sexes. Sufficient attention has not been given to gender in public health research. Gender-based differences and similarities need to be promoted, and more structured guidelines are needed to build gender into public health research models. The aim of this review was to investigate and discuss public health research and to answer several related questions on gender biases, ethics and methodologies, and the establishment of guidelines. Using the search terms public health research and gender , or ethics , gender , and public health, a literature search was conducted predominately with, but not limited to, the PubMed database. English- or German-language articles were identified that examined the current status of gender in public health research as well as any relevant ethical guidelines. A review of the current literature showed that much work has been undertaken to promote the inclusion of gender in health research. However, deficiencies in the extent of gender-oriented research have been found in a number of key areas, including ethics committees and public health research methodology. Women were found to be underrepresented in ethics committees, which lack clear guidance, particularly in the European Union, to ensure the inclusion of gender issues in public health research. Data are often not sex disaggregated, and information on gender and social circumstances are frequently lacking. Furthermore, some methodologies, such as those used in the field of occupational health, underestimate men's or women's burden of disease. Recommendations include establishing guidelines for researchers on how to incorporate gender in health research, ensuring that the composition of ethics committees is more representative of society, and recommending that data collection systems or bodies ensure that data

  18. VARIOUS HISTORICAL CONSIDERATIONS REGARDING THE PUBLIC LAW–PRIVATE LAW DICHOTOMY

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2014-11-01

    Full Text Available Throughout the history of law, has been structured logically in law institutions and branches being considered in a divided or unitary manner. But legal norms have obtained general recognition either taken as a unitary system or divided into divisions or branches as maximum logical-organizational structures. The law originally intersects with the process of formation and evolution of the state. The law has been formed unconsciously as the result of a psychological process in which the individual reacts to certain external stimuli. At the beginning, the law came under the form of nonunitary chaotic customs or practices. In the second phase, the law, though yet rudimentary, became a conscious action being imposed by a public force. The difference between the public law and the private law results from the fact that private law may be attributed to the structure of society, and the public law may be attributed to the superstructure of society. Even nowadays, the delimitation between the public law and the private law is not clear, because the most numerous legal relations refer both to the general interest and the private interest and, basically, the legal norms contribute to public order as the observation thereof brings social peace.

  19. The Notice on the Notion of State Aid and Public Procurement Law

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2016-01-01

    uncertainty. Then the elaborations made in the Notice on the notion of aid concerning the relation between the two areas of law are analysed and discussed, in particular, first, the question whether adhering to the procurement procedures laid down in the public procurement directives will eliminate the risk......The Commission Notice on the notion of State aid includes elaboration on the relationship between State aid law and public procurement law. To begin with, the article examines some of the reasons why the relationship between State aid law and public procurement law is surrounded by legal...... of granting State aid and, second, the issues rising from State aid control of in-house situations. It is concluded that even though the Notice on the notion of aid brings some needed clarity that fosters coherence between State aid law and public procurement law, the existing legal uncertainty is not even...

  20. Why should ethics approval be required prior to publication of health promotion research?

    Science.gov (United States)

    Newson, Ainsley J; Lipworth, Wendy

    2015-12-01

    Most academic journals that publish studies involving human participants require evidence that the research has been approved by a human research ethics committee (HREC). Yet journals continue to receive submissions from authors who have failed to obtain such approval. In this paper, we provide an ethical justification of why journals should not, in general, publish articles describing research that has no ethics approval, with particular attention to the health promotion context. Using theoretical bioethical reasoning and drawing on a case study, we first rebut some potential criticisms of the need for research ethics approval. We then outline four positive claims to justify a presumption that research should, in most instances, be published only if it has been undertaken with HREC approval. We present four justifications for requiring ethics approval before publication: (1) HREC approval adds legitimacy to the research; (2) the process of obtaining HREC approval can improve the quality of an intervention being investigated; (3) obtaining HREC approval can help mitigate harm; and (4) obtaining HREC approval demonstrates respect for persons. This paper provides a systematic and comprehensive assessment of why research ethics approval should generally be obtained before publishing in the health promotion context. So what? Journals such as the Health Promotion Journal of Australia have recently begun to require research ethics approval for publishing research. Health promotion researchers will be interested in learning the ethical justification for this change.

  1. An author's guide to publication ethics: a review of emerging standards in biomedical journals.

    Science.gov (United States)

    Roberts, Jason

    2009-04-01

    Universal definitions of ethical issues related to medical publishing have remained somewhat elusive. Training in the art of writing for medical journals is inconsistent and most commonly informal, involving collaborative efforts between mentors and students. This approach inadvertently may perpetuate erroneous assumptions as to what constitutes acceptable behavior. In contrast to instruction on composition, ethical considerations related to the publication of a paper are likely to receive little attention. Even so, consequent to the ever-increasing scrutiny from the media and government agencies, journals are recognizing the need for greater transparency in peer review and are thus more inclined to enforce ethical standards. Understanding that some apparent ethical contraventions are the result of confusion or a lack of knowledge, some journals are assuming the responsibility of educating their community about ethical issues in publishing. This paper reviews the key ethical issues (eg, authorship criteria, conflicts of interest, redundant publication, data access and biases in data reporting, image manipulation) that authors should consider before submitting a manuscript. It also surveys some of the policies of the most highly cited clinical medical journals. In the future, authors can anticipate that their submissions will be required to meet an expanding array of ethical standards.

  2. Ethics of the profession of public relations--does the public relations affects on journalism in Croatia?

    Science.gov (United States)

    Tanta, Ivan; Lesinger, Gordana

    2013-09-01

    The UK's leading professional body for public relations "Chartered Institute of Public Relations" (CIPR) said that the public relations is about reputation--they are the result of what you do, what you say and what others say about you. Furthermore CIPR says that public relations are discipline whose objectives are safeguarding reputation, establishing understanding and pot pores, and the impact on the thinking and behavior of the public. Although the primary goal of public relations is to preserve and build a reputation, to tell the truth to a customer who has hired experts in this area, it seems that in its own way of development, public relations practitioners have stopped worrying about their reputation and the perception of the discipline within the public they address. All relevant professional bodies for public relations, including the Croatian Association for Public Relation (HUOJ), had set up codes of ethics and high standards according which the members and practitioners should be evaluated. Among other things stays that practitioner of public relations is required to check the reliability and accuracy of the data prior to their distribution and nurture honesty and accountability to the public interest. It seems that right this instruction of code of ethics has been often violated. In a public speech in Croatia, and therefore in the media, exist manipulation, propaganda, and all the techniques of spin, which practitioners of public relations are skillfully using in the daily transfer of information to the users and target groups. The aim of this paper is to determine what is the perception of the profession to the public. As in today's journalism increasingly present plume of public relations, we wish to comment on the part where journalism ends and begins PR and vice versa. In this paper, we analyze and compare codes of ethics ethics associations for public relations, as well as codes of ethics journalists' associations, in order to answer the question

  3. Public Health Ethics, Legitimacy, and the Challenges of Industrial Wind Turbines: The Case of Ontario, Canada

    Science.gov (United States)

    Shain, Martin

    2011-01-01

    While industrial wind turbines (IWTs) clearly raise issues concerning threats to the health of a few in contrast to claimed health benefits to many, the trade-off has not been fully considered in a public health framework. This article reviews public health ethics justifications for the licensing and installation of IWTs. It concludes that the…

  4. Multinational repositories: Ethical, legal and political/public aspects

    International Nuclear Information System (INIS)

    Boutellier, C.; McCombie, C.; Mele, I.

    2006-01-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  5. Ethics in public health research: privacy and public health at risk: public health confidentiality in the digital age.

    Science.gov (United States)

    Myers, Julie; Frieden, Thomas R; Bherwani, Kamal M; Henning, Kelly J

    2008-05-01

    Public health agencies increasingly use electronic means to acquire, use, maintain, and store personal health information. Electronic data formats can improve performance of core public health functions, but potentially threaten privacy because they can be easily duplicated and transmitted to unauthorized people. Although such security breaches do occur, electronic data can be better secured than paper records, because authentication, authorization, auditing, and accountability can be facilitated. Public health professionals should collaborate with law and information technology colleagues to assess possible threats, implement updated policies, train staff, and develop preventive engineering measures to protect information. Tightened physical and electronic controls can prevent misuse of data, minimize the risk of security breaches, and help maintain the reputation and integrity of public health agencies.

  6. Statement on Publication Ethics for Editors and Publishers

    Science.gov (United States)

    2016-01-01

    The digitization and related developments in journal editing and publishing necessitate increasing the awareness of all stakeholders of science communication in the emerging global problems and possible solutions. Journal editors and publishers are frequently encountered with the fast-growing problems of authorship, conflicts of interest, peer review, research misconduct, unethical citations, and inappropriate journal impact metrics. While the number of erroneous and unethical research papers and wasteful, or 'predatory', journals is increasing exponentially, responsible editors are urged to 'clean' the literature by correcting or retracting related articles. Indexers are advised to implement measures for accepting truly influential and ethical journals and delisting sources with predatory publishing practices. Updating knowledge and skills of authors, editors and publishers, developing and endorsing recommendations of global editorial associations, and (re)drafting journal instructions can be viewed as potential tools for improving ethics of academic journals. The aim of this Statement is to increase awareness of all stakeholders of science communication of the emerging ethical issues in journal editing and publishing and initiate a campaign of upgrading and enforcing related journal instructions. PMID:27510376

  7. Measuring up to the Model: A Ranking of State Public Charter School Laws. Ninth Annual Edition

    Science.gov (United States)

    Ziebarth, Todd; Palmer, Louann Bierlein

    2018-01-01

    This ninth edition of "Measuring up to the Model: A Ranking of State Charter School Laws" presents the latest activity in charter public school legislation across the country. For the second year in a row, the 2018 rankings measure each state's charter school law against the National Alliance's updated model charter school law, "New…

  8. Need-Based Educational Aid Act of 2015 (Public Law 114-44)

    Science.gov (United States)

    US Congress, 2015

    2015-01-01

    The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…

  9. Are end-of-life practices in Norway in line with ethics and law?

    Science.gov (United States)

    Førde, R; Aasland, O G

    2014-10-01

    End-of-life decisions, including limitation of life prolonging treatment, may be emotionally, ethically and legally challenging. Euthanasia and physician-assisted suicide (PAS) are illegal in Norway. A study from 2000 indicated that these practices occur infrequently in Norway. In 2012, a postal questionnaire addressing experience with limitation of life-prolonging treatment for non-medical reasons was sent to a representative sample of 1792 members of the Norwegian Medical Association (7.7% of the total active doctor population of 22,500). The recipients were also asked whether they, during the last 12 months, had participated in euthanasia, PAS or the hastening of death of non-competent patients. Seventy-one per cent of the doctors responded. Forty-four per cent of the respondents reported that they had terminated treatment at the family's request not knowing the patient's own wish, doctors below 50 and anaesthesiologists more often. Anaesthesiologists more often reported to have terminated life-prolonging treatment because of resource considerations. Six doctors reported having hastened the death of a patient the last 12 months, one by euthanasia, one by PAS and four had hastened death without patient request. Male doctors and doctors below 50 more frequently reported having hastened the death of a patient. Forgoing life-prolonging treatment at the request of the family may be more frequent in Norway that the law permits. A very small minority of doctors has hastened the death of a patient, and most cases involved non-competent patients. Male doctors below 50 seem to have a more liberal end-of-life practice. © 2014 The Acta Anaesthesiologica Scandinavica Foundation. Published by John Wiley & Sons Ltd.

  10. Quality of Publication Ethics in the Instructions to the Authors of Iranian Journals of Medical Sciences

    Directory of Open Access Journals (Sweden)

    Fatemeh Salamat

    2013-03-01

    Full Text Available Providing a perfect instruction to authors can prevent most potential publication ethics errors. This study was conducted to determine the quality of ethical considerations in the instructions to the authors of Iranian research scientific journals of medical sciences (accredited by the Commission for Accreditation and Improvement of Iranian Medical Journals in October 2011. Checklist items (n=15 were extracted from the national manual of ethics in medical research publications, and the validity of the manual of ethics was assessed. All the accredited Iranian journals of medical sciences (n=198 were entered into the study. The instructions to the authors of 160 accredited Iranian journals were available online and were reviewed. The ANOVA and Kendall Correlation coefficient were performed to analyze the results. A total of 76 (47.5% of the 160 journals were in English and 84 (52.5% were in Farsi. The most frequently mentioned items related to publication ethics comprised “commitment not to send manuscripts to other journals and re-publish manuscripts” (85%, 83.8%, “aim and scope” of the journal (81.9%, “principles of medical ethics in the use of human samples” (74.4%, and “review process” (74.4%. On the other hand, the items of “principles of advertising” (1.2%, “authorship criteria” (15%, and “integrity in publication of clinical trial results” (30.6% were the least frequently mentioned ones. Based on the study findings, the quality of publication ethics, as instructed to the authors, can improve the quality of the journals.

  11. Publication ethics in biomedical journals from countries in Central and Eastern Europe.

    Science.gov (United States)

    Broga, Mindaugas; Mijaljica, Goran; Waligora, Marcin; Keis, Aime; Marusic, Ana

    2014-03-01

    Publication ethics is an important aspect of both the research and publication enterprises. It is particularly important in the field of biomedical science because published data may directly affect human health. In this article, we examine publication ethics policies in biomedical journals published in Central and Eastern Europe. We were interested in possible differences between East European countries that are members of the European Union (Eastern EU) and South-East European countries (South-East Europe) that are not members of the European Union. The most common ethical issues addressed by all journals in the region were redundant publication, peer review process, and copyright or licensing details. Image manipulation, editors' conflicts of interest and registration of clinical trials were the least common ethical policies. Three aspects were significantly more common in journals published outside the EU: statements on the endorsement of international editorial standards, contributorship policy, and image manipulation. On the other hand, copyright or licensing information were more prevalent in journals published in the Eastern EU. The existence of significant differences among biomedical journals' ethical policies calls for further research and active measures to harmonize policies across journals.

  12. The Forensic Accountants' Skills and Ethics on Fraud Prevention in the Nigerian Public Sector

    Directory of Open Access Journals (Sweden)

    Lateef Saheed Ademola

    2017-12-01

    Full Text Available The study investigates the required skills and ethics of the forensic accountant in preventing fraudulent practices in the Nigerian public sector. The primary source of data was utilized for data collection. Using the simple random sampling (SRS, a total of 300 questionnaires were administered; 163 were retrieved. The data obtained was analyzed using SmartPLS - for measurement and structural model. One of the major findings revealed that skills requirement was significant predator of fraud prevention as well as ethics requirement. This means that the higher the skills and ethics of the forensic accountant, the better is the fraud prevention. It is thus, recommended that forensic accounting services should be made statutory in the Nigerian public sector to help in preventing fraudulent practices. Hence the need to create awareness and expand the application of forensic accounting services in Nigerian public sector.

  13. Right Relation and Right Recognition in Public Health Ethics: Thinking Through the Republic of Health.

    Science.gov (United States)

    Jennings, Bruce

    2016-07-01

    The further development of public health ethics will be assisted by a more direct engagement with political theory. In this way, the moral vocabulary of the liberal tradition should be supplemented-but not supplanted-by different conceptual and normative resources available from other traditions of political and social thought. This article discusses four lines of further development that the normative conceptual discourse of public health ethics might take. (i) The relational turn. The implications for public health ethics of the new 'ecological' or 'relational' interpretation that is emerging for concepts such as agency, self-identity, autonomy, liberty and justice. (ii) Governing the health commons. The framework of collective action problems is giving way to notions of democratic governance and management of common resources. (iii) The concept of membership. Membership is specified by the notions of equal respect and parity of voice and agency. (iv) The concept of mutuality. Mutuality is specified by the notions of interdependent concern and care.

  14. The Public Safety Impact of Community Notification Laws: Rearrest of Convicted Sex Offenders

    Science.gov (United States)

    Freeman, Naomi J.

    2012-01-01

    Sex offender management is one of the highest-profile issues in public safety today. Although states have enacted community notification laws as a means to protect communities from sexual offending, limited research has been conducted to examine the impact of these laws on public safety. As such, this study used a quasi-experimental design to…

  15. STUDY ON THE ETHICS OF THE COACHES OF PUBLIC SPORTS CLUBS IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Mihai Constantin Razvan BARBU

    2013-06-01

    Full Text Available In this paper I identified and presented the role of ethics in the activity of the coaches. I highlighted the main issues the coaches confront in relationship with themselves or with the other participants. The morality of the coaches is important since they have an important influence on the players they train, acting, the same as the managers, as an ethic catalyst within the sport club. In this paper I presented the ethical level of the coaches from the municipal clubs of Romania, based on a sample of 40 coaches acting in 20 public sport clubs from Romania. The main finding of the paper is that the coaches demonstrated a good level of ethics in their activity.

  16. A Synergistic Approach to Human Rights and Public Health Ethics: Effective or a Source of Conflict?

    Directory of Open Access Journals (Sweden)

    Steinmetz-Wood, Madeleine

    2014-12-01

    Full Text Available Concerns over the growing disparities in health and wealth between members of society incited Stephanie Nixon and Lisa Forman, in their 2008 article Exploring synergies between human rights and public health ethics: A whole greater than the sum of its parts, to propose that the principles of human rights and public health ethics should be used in combination to develop norms for health action. This commentary reflects on the benefits as well as the difficulties that could arise from taking such an approach.

  17. The relevance of ethics in the European Union’s second public health programme

    Directory of Open Access Journals (Sweden)

    Nelly K. Otenyo

    2017-03-01

    Full Text Available Aim: The objective of this paper was to investigate whether ethical values were explicitly identified in the Second Public Health Programme (2008-2013 of the European Commission. Methods: A qualitative case study methodology of exploratory nature was followed. The data used were the summaries of the project proposals and Public Health Programme objectives and was retrieved from the publicly available Consumers, Health and Food Executive Agency database. Since the PHP was finalized during the study, the study only focused on the summaries of the fifty-five finalized project proposals while excluding the ongoing projects and those projects at the reporting stage. The full proposals for the projects are confidential and thus could not be retrieved. However, the project summaries were inarguably sufficient to conduct the study. Using a table, a content analysis method in addition to the ethical framework, was applied in order to analyze and categorise the project findings. Results: The results unfold that, out of the seven ethical principles, only ‘equity’ and ‘efficiency’ were explicitly considered in eighteen projects and four projects respectively. Moreover, from the shared health values, eight projects identified aspects pertaining to ‘accessibility to quality health care’ while ‘solidarity’ was only discussed in one project. Lastly, the ethical aspects ‘ethics’ and ‘values’ were identified in three projects and in one project respectively. Conclusions: From the results, there is a limited consideration of ethical principles within the projects. Therefore, future public health programmes could use this as an opportunity to emphasis on the inclusion and application of ethical principles in public health projects.

  18. Duty to Inform and Informed Consent in Diagnostic Radiology: How Ethics and Law can Better Guide Practice.

    Science.gov (United States)

    Doudenkova, Victoria; Bélisle Pipon, Jean-Christophe

    2016-03-01

    Although there is consensus on the fact that ionizing radiation used in radiological examinations can affect health, the stochastic (random) nature of risk makes it difficult to anticipate and assess specific health implications for patients. The issue of radiation protection is peculiar as any dosage received in life is cumulative, the sensitivity to radiation is highly variable from one person to another, and between 20 % and 50 % of radiological examinations appear not to be necessary. In this context, one might reasonably assume that information and patient consent would play an important role in regulating radiological practice. However, there is to date no clear consensus regarding the nature and content of-or even need for-consent by patients exposed to ionizing radiation. While law and ethics support the same principles for respecting the dignity of the person (inviolability and integrity), in the context of radiology practice, they do not provide a consistent message to guide clinical decision-making. This article analyzes the issue of healthcare professionals' duty to inform and obtain patient consent for radiological examinations. Considering that both law and ethics have as one of their aims to protect vulnerable populations, it is important that they begin to give greater attention to issues raised by the use of ionizing radiation in medicine. While the situation in Canada serves as a backdrop for a reflective analysis of the problem, the conclusions are pertinent for professional practice in other jurisdictions because the principles underlying health law and jurisprudence are fairly general.

  19. Moral dilemmas in professions of public trust and the assumptions of ethics of social consequences

    Directory of Open Access Journals (Sweden)

    Dubiel-Zielińska Paulina

    2016-06-01

    Full Text Available The aim of the article is to show the possibility of applying assumptions from ethics of social consequences when making decisions about actions, as well as in situations of moral dilemmas, by persons performing occupations of public trust on a daily basis. Reasoning in the article is analytical and synthetic. Article begins with an explanation of the basic concepts of “profession” and “the profession of public trust” and a manifestation of the difference between these terms. This is followed by a general description of professions of public trust. The area and definition of moral dilemmas is emphasized. Furthermore, representatives of professions belonging to them are listed. After a brief characterization of axiological foundations and the main assumptions of ethics of social consequences, actions according to Vasil Gluchman and Włodzimierz Galewicz are discussed and actions in line with ethics of social consequences are transferred to the practical domain. The article points out that actions in professional life are obligatory, impermissible, permissible, supererogatory and unmarked in the moral dimension. In the final part of the article an afterthought is included on how to solve moral dilemmas when in the position of a representative of the profession of public trust. The article concludes with a summary report containing the conclusions that stem from ethics of social consequences for professions of public trust, followed by short examples.

  20. Ethical Disputes and Public Service Televison. Case Study: Otvoreno Political Talk Show, Broadcasted on 21st of January, 2010

    OpenAIRE

    Gordana Škaljac Narančić

    2011-01-01

    Ratings of the television programs as well as commercial effects become crucial measures of the media success and journalists’ efficiency neglecting minimal ethical standards. The profit maximisation logic and mere survival in times of the economic crisis also has the impact on preserving the sensitive ethical standards. In this respect, the television, as the most influential medium, especially public television, has the biggest responsibility. Violation of the ethical norms on public televi...

  1. Evaluation of poultry processing practices, related public health laws ...

    African Journals Online (AJOL)

    ADEYEYE

    2015-02-16

    Feb 16, 2015 ... the Meat Law (1968), Food and Drug Act (1974) and Animal Diseases (Control) ... production and processing are coordinated for the benefits and health of the ..... Pp 191-210. ... Ouedraogo JB, Maikano I, Mbah PO, Kremer.

  2. Business Ethics

    OpenAIRE

    Duong, Thi

    2016-01-01

    The goal of this paper is to present examples of business ethics issues. What is business ethics, things concerned in this field are and why it is needed and important when doing business? The concept of business ethics has connotations to provision, rules and standards in directing the behavior of actors in the business. Business ethics involves compliance with the law, the implementation of ethical responsibilities of a business, the protection of the rights of those who are related to the ...

  3. Hippocrates and Bernays: A Medical Ethics Perspective on the Ethics of Public Relations.

    Science.gov (United States)

    Kruckeberg, Dean

    While comparisons of public relations practitioners and attorneys remain attractive among practitioners and scholars searching for evidence of public relation's emergence as a profession, practitioners would be better served by emulating physicians in their "healing" role rather than attorneys in their "advocacy" role. Public…

  4. MEDICO-LEGAL HIV/AIDS, LAW AND ETHICS: A BRIEF ANALYSIS ...

    African Journals Online (AJOL)

    Enrique

    ... are in a unique situation, as both legal and ethical rules apply to a ... Guidelines for the Management of Patients with HIV. Infection or ... process of obtaining informed consent from a patient. Not ... narrowly construed and applied. Although ...

  5. Nanomaterials and the environmental risk: is there some room left for ethics and law?

    Science.gov (United States)

    Byk, Christian

    2011-01-01

    How legitimate may be the concern posed by the nanotechnologies for health and environment,this effort for reaching a better knowledge of the biotoxicity of nanomaterials is not enough. As Pr Didier Sicard noted, we believe that the ethical reflection should not be the good conscience that may help science in getting rid of social fears. But the ethical reflection is there also to discuss taboo issues in the perspective of a better societal understanding.

  6. Using typing techniques in a specific outbreak: the ethical reflection of public health professionals.

    Science.gov (United States)

    Rump, B; Cornelis, C; Woonink, F; VAN Steenbergen, J; Verweij, M; Hulscher, M

    2017-05-01

    Typing techniques are laboratory methods used in outbreak management to investigate the degree to which microbes found within an outbreak are related. Knowledge about relational patterns between microbes benefits outbreak management, but inevitably also tells us something about the relational patterns of the people hosting them. Since the technique is often used without explicit consent of all individuals involved, this may raise ethical questions. The aim of this study was to unravel the complex ethical deliberation of professionals over the use of such techniques. We organised group discussions (n = 3) with Dutch outbreak managers (n = 23). The topic list was based on previously identified ethical issues and discussions were analysed for recurrent themes. We found that outbreak managers first and foremost reflect on the balance of individual harm with public health benefit. This key question was approached by way of discussing four more specific ethical themes: (1) justification of governmental intervention, (2) responsibility to prevent infections, (3) scientific uncertainty and (4) legal consequences. The themes found in this study, rephrased into accessible questions, represent the shared ethical understanding of professionals and can help to articulate the ethical dimensions of using molecular science in response to infectious disease outbreaks.

  7. Communication and Ethical Behavior in the Public Service

    OpenAIRE

    Arta Musaraj; Julejda Gerxhi

    2010-01-01

    Setting up public administration which operates effectively and taking over responsibilities, both crucial on the point of view of the democracy indicators, requires great effort from all social stake holders in setting up and maintaining a public service organization. This notion implies the setting in function of the instruments and procedures that prevent undesirable behavior and provide encouragement of good behavior among operators of those services. While doing this, communication as a ...

  8. Ethical Disputes and Public Service Televison. Case Study: Otvoreno Political Talk Show, Broadcasted on 21st of January, 2010

    Directory of Open Access Journals (Sweden)

    Gordana Škaljac Narančić

    2011-12-01

    Full Text Available Ratings of the television programs as well as commercial effects become crucial measures of the media success and journalists’ efficiency neglecting minimal ethical standards. The profit maximisation logic and mere survival in times of the economic crisis also has the impact on preserving the sensitive ethical standards. In this respect, the television, as the most influential medium, especially public television, has the biggest responsibility. Violation of the ethical norms on public television means that it does not fulfil its key role – the role of public service. In important cases of the violation of ethical rules, the lack of clear responses of the regulators is the other side of the problem. The case study in this text shows us how easy it is to turn to the contempt of the professional journalistic standards and, consequently, ethical norms. This leads us to think how difficult is today to remain professional and ethical in times of the tangible commercialism and sensationalism.

  9. Public international law and civil law liability for compensation for damages by virtue of international environmental law

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

    The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

  10. Ethical implications of an accelerated work life in the Danish Public School

    DEFF Research Database (Denmark)

    Pedersen, Rikke; Böwadt, Pia Rose

    Recently, there has been a renewed interest in the concept of alienation in order to revitalize the concept within a late modern context (Jaeggi 2016). In this paper, we will examine the critical potential of alienation, applying the concept within a Danish public school context in order to raise...... questions on ethical implications of an accelerated work life. The analysis is based on a qualitative survey asking why teachers are leaving the Danish public school....

  11. Future Public Policy and Ethical Issues Facing the Agricultural and Microbial Genomics Sectors of the Biotechnology Industry: A Roundtable Discussion

    Energy Technology Data Exchange (ETDEWEB)

    Diane E. Hoffmann

    2003-09-12

    On September 12, 2003, the University of Maryland School of Law's Intellectual Property and Law & Health Care Programs jointly sponsored and convened a roundtable discussion on the future public policy and ethical issues that will likely face the agricultural and microbial genomics sectors of the biotechnology industry. As this industry has developed over the last two decades, societal concerns have moved from what were often local issues, e.g., the safety of laboratories where scientists conducted recombinant DNA research on transgenic microbes, animals and crops, to more global issues. These newer issues include intellectual property, international trade, risks of genetically engineered foods and microbes, bioterrorism, and marketing and labeling of new products sold worldwide. The fast paced nature of the biotechnology industry and its new developments often mean that legislators, regulators and society, in general, must play ''catch up'' in their efforts to understand the issues, the risks, and even the benefits, that may result from the industry's new ways of conducting research, new products, and novel methods of product marketing and distribution. The goal of the roundtable was to develop a short list of the most significant public policy and ethical issues that will emerge as a result of advances in these sectors of the biotechnology industry over the next five to six years. More concretely, by ''most significant'' the conveners meant the types of issues that would come to the attention of members of Congress or state legislators during this time frame and for which they would be better prepared if they had well researched and timely background information. A concomitant goal was to provide a set of focused issues for academic debate and scholarship so that policy makers, industry leaders and regulators would have the intellectual resources they need to better understand the issues and concerns at stake. The

  12. Ethical Frameworks in Public Health Decision-Making: Defending a Value-Based and Pluralist Approach.

    Science.gov (United States)

    Grill, Kalle; Dawson, Angus

    2017-12-01

    A number of ethical frameworks have been proposed to support decision-making in public health and the evaluation of public health policy and practice. This is encouraging, since ethical considerations are of paramount importance in health policy. However, these frameworks have various deficiencies, in part because they incorporate substantial ethical positions. In this article, we discuss and criticise a framework developed by James Childress and Ruth Bernheim, which we consider to be the state of the art in the field. Their framework distinguishes aims, such as the promotion of public health, from constraints on the pursuit of those aims, such as the requirement to avoid limitations to liberty, or the requirement to be impartial. We show how this structure creates both theoretical and practical problems. We then go on to present and defend a more practical framework, one that is neutral in avoiding precommitment to particular values and how they ought to be weighted. We believe ethics is at the very heart of such weightings and our framework is developed to reflect this belief. It is therefore both pluralist and value-based. We compare our new framework to Childress and Bernheim's and outline its advantages. It is justified by its impetus to consider a wide range of alternatives and its tendency to direct decisions towards the best alternatives, as well as by the information provided by the ranking of alternatives and transparent explication of the judgements that motivate this ranking. The new framework presented should be useful to decision-makers in public health, as well as being a means to stimulate further reflection on the role of ethics in public health.

  13. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-02-03

    ... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

  14. 20 CFR 1002.7 - How does USERRA relate to other laws, public and private contracts, and employer practices?

    Science.gov (United States)

    2010-04-01

    ... USERRA relate to other laws, public and private contracts, and employer practices? (a) USERRA establishes... law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How does USERRA relate to other laws, public...

  15. Ethical Dilemmas in Protecting Individual Rights versus Public Protection in the Case of Infectious Diseases

    Directory of Open Access Journals (Sweden)

    Kai-Lit Phua

    2013-01-01

    Full Text Available Infectious diseases—including emerging and re-emerging diseases such as Ebola and tuberculosis—continue to be important causes of morbidity and mortality in the globalizing, contemporary world. This article discusses the ethical issues associated with protecting the rights of individuals versus the protection of the health of populations in the case of infectious diseases. The discussion uses the traditional medical ethics approach together with the public health approach presented by Faden and Shebaya. 3 Infectious diseases such as Ebola hemorrhagic fever, Nipah virus and HIV/AIDS (together with tuberculosis will be used to illustrate particular points in the discussion.

  16. CURRENT PERSPECTIVES OF POTTER'S GLOBAL BIOETHICS AS A BRIDGE BETWEEN CLINICAL (PERSONALIZED) AND PUBLIC HEALTH ETHICS.

    Science.gov (United States)

    Turina, Iva Sorta-Bilajac; Brkljacić, Morana; Grgas-Bile, Cecilija; Gajski, Domagoj; Racz, Aleksandar; Cengić, Tomislav

    2015-12-01

    In the context of modern scientific and technological developments in biomedicine and health care, and the potential consequences of their application on humans and the environment, Potter's global bioethics concept resurfaces. By actualizing Potter's original thoughts on individual bioethical issues, the universality of two of his books, which today represent the backbone of the world bioethical literature, "Bioethics--Bridge to the Future" and "Global Bioethics: Building on the Leopold Legacy", is emphasized. Potter's global bioethics today can legitimately be viewed as a bridge between clinical personalized ethics on the one hand and ethics of public health on the other.

  17. Comments on the Law on CSN Fees and Public Prices

    International Nuclear Information System (INIS)

    Azuara, J. A.

    1999-01-01

    The article reviews the main modifications introduced by the Law on CSN Fees in the agency's financing system which is based on charging service rendering fees. The new regulations adjust the fees to the actual cost of services and lays down conditions for setting the fees in each case. (Author)

  18. Knowledge acquisition from sources of law in public administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2010-01-01

    Knowledge acquisition from text, and sources of law in particular, is a well established technique. Text is even - certainly in the context of the Semantic Web - increasingly conceived of as a raw knowledge resource that can be mined for knowledge routinely and automatically. As experience by large

  19. Editorial: Ethics in public health: Bloomberg's battle and beyond

    NARCIS (Netherlands)

    Verweij, M.F.; Dawson, A.

    2013-01-01

    The growing prevalence of obesity and related conditions such as Type II diabetes is held by many to be a major public health problem in developed countries, and increasingly in developing countries as well (Popkin et al., 2012). If we wish to tackle this problem, it will be a major task.

  20. Conflict of interest: A tenacious ethical dilemma in public health ...

    African Journals Online (AJOL)

    All involved in public policy processes are accountable for CoI, including experts, scientists, professionals, industry and government officials. The liquor industry in South Africa is presented as a case study. Generic principles of how to identify, manage and address CoI are discussed. We propose that health professionals ...

  1. Balance, Diversity and Ethics in Public Policy Education.

    Science.gov (United States)

    Thompson, Paul B.

    Public policy for agriculture and natural resources must change as farming and the use of resources change, but policy also changes to reflect new understandings. The new understandings that will shape future agricultural policy may not come from food producers or agricultural scientists, and may not assume that expanding production is the primary…

  2. Ethical Considerations for Psychologists Taking a Public Stance on Controversial Issues: The Balance Between Personal and Professional Life.

    Science.gov (United States)

    Haeny, Angela M

    2014-07-01

    Previous literature has documented the general issues psychologists often face while balancing their personal and professional lives. The struggle stems from attempting to satisfy the need to maintain a life outside of work while having the professional obligation to follow the American Psychological Association's (APA's) Ethical Principles of Psychologists and Code of Conduct (Ethics Code) to prevent their personal lives from interfering with their professional roles and relationships. The present paper analyzes the subject of psychologists taking a public position on controversial public issues. Although the APA Ethics Code does not restrict how psychologists conduct themselves during their personal time, taking a public stance on a controversial issue could potentially strain professional relationships and inadvertently reflect negatively on the profession. The present paper examines ethical issues that a) should be taken into account before psychologists take a public position on a controversial issue, and b) are in conflict with APA's Ethics Code or current research.

  3. Ethical Considerations for Psychologists Taking a Public Stance on Controversial Issues: The Balance Between Personal and Professional Life

    Science.gov (United States)

    Haeny, Angela M.

    2014-01-01

    Previous literature has documented the general issues psychologists often face while balancing their personal and professional lives. The struggle stems from attempting to satisfy the need to maintain a life outside of work while having the professional obligation to follow the American Psychological Association’s (APA’s) Ethical Principles of Psychologists and Code of Conduct (Ethics Code) to prevent their personal lives from interfering with their professional roles and relationships. The present paper analyzes the subject of psychologists taking a public position on controversial public issues. Although the APA Ethics Code does not restrict how psychologists conduct themselves during their personal time, taking a public stance on a controversial issue could potentially strain professional relationships and inadvertently reflect negatively on the profession. The present paper examines ethical issues that a) should be taken into account before psychologists take a public position on a controversial issue, and b) are in conflict with APA’s Ethics Code or current research. PMID:25342876

  4. National public health law: a role for WHO in capacity-building and promoting transparency

    Science.gov (United States)

    Tsai, Feng-jen; Anderson, Evan; Kastler, Florian; Sprumont,, Dominique; Burris, Scott

    2016-01-01

    Abstract A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries’ legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law – from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance. PMID:27429492

  5. National public health law: a role for WHO in capacity-building and promoting transparency.

    Science.gov (United States)

    Marks-Sultan, Géraldine; Tsai, Feng-Jen; Anderson, Evan; Kastler, Florian; Sprumont, Dominique; Burris, Scott

    2016-07-01

    A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries' legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law - from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance.

  6. Ethical budgets: a critical success factor in implementing new public management accountability in health care.

    Science.gov (United States)

    Bosa, Iris M

    2010-05-01

    New public management accountability is increasingly being introduced into health-care systems throughout the world - albeit with mixed success. This paper examines the successful introduction of new management accounting systems among general practitioners (GPs) as an aspect of reform in the Italian health-care system. In particular, the study examines the critical role played by the novel concept of an 'ethical budget' in engaging the willing cooperation of the medical profession in implementing change. Utilizing a qualitative research design, with in-depth interviews with GPs, hospital doctors and managers, along with archival analysis, the present study finds that management accounting can be successfully implemented among medical professionals provided there is alignment between the management imperative and the ethical framework in which doctors practise their profession. The concept of an 'ethical budget' has been shown to be an innovative and effective tool in achieving this alignment.

  7. Removal of Public Officers from Office: Law and Justice in a Flux ...

    African Journals Online (AJOL)

    The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author's appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review.

  8. Ethics Review Committee approval and informed consent: an analysis of biomedical publications originating from Sri Lanka

    Directory of Open Access Journals (Sweden)

    Siriwardhana Chesmal

    2008-02-01

    Full Text Available Abstract Background International guidelines on research have focused on protecting research participants. Ethical Research Committee (ERC approval and informed consent are the cornerstones. Externally sponsored research requires approval through ethical review in both the host and the sponsoring country. This study aimed to determine to what extent ERC approval and informed consent procedures are documented in locally and internationally published human subject research carried out in Sri Lanka. Methods We obtained ERC approval in Sri Lanka and the United Kingdom. Theses from 1985 to 2005 available at the Postgraduate Institute of Medicine (PGIM library affiliated to the University of Colombo were scrutinised using checklists agreed in consultation with senior research collaborators. A Medline search was carried out with MeSH major and minor heading 'Sri Lanka' as the search term for international publications originating in Sri Lanka during 1999 to 2004. All research publications from CMJ during 1999 to 2005 were also scrutinized. Results Of 291 theses, 34% documented ERC approvals and 61% documented obtaining consent. From the international journal survey, 250 publications originated from Sri Lanka of which only 79 full text original research publications could be accessed electronically. Of these 38% documented ERC approval and 39% documented obtaining consent. In the Ceylon Medical Journal 36% documented ERC approval and 37% documented obtaining consent. Conclusion Only one third of the publications scrutinized recorded ERC approval and procurement of informed consent. However, there is a positive trend in documenting these ethical requirements in local postgraduate research and in the local medical journal.

  9. 78 FR 77200 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public...

    Science.gov (United States)

    2013-12-20

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0151] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public Comments AGENCY: Maritime... AFFAIR is: Intended Commercial Use of Vessel: ``Charter Fishing (sport) & sightseeing tours.'' Geographic...

  10. 78 FR 22761 - Delegation of Functions Under Sections 404 and 406 of Public Law 112-208

    Science.gov (United States)

    2013-04-16

    ...--Delegation of Functions Under Sections 404 and 406 of Public Law 112-208 Presidential Determination No. 2013... and 406 of Public Law 112-208 Memorandum for the Secretary of State [and] the Secretary of the... conferred upon the President by sections 404 and 406 of Public Law 112-208 as follows: I hereby delegate to...

  11. Consequences of the Public Contract Law for Purchase of Scientific Appliances in the Czech Republic

    Directory of Open Access Journals (Sweden)

    Martin Vyklický

    2015-01-01

    Full Text Available This article essentially covers in more detail the consequences of the present wording of the Public Contract Law for purchase of scientific appliances in the Czech Republic. The beginning of the article deals with increasing public expenses in research; then, the problem is defined concerning unsuitable wording of certain provisions of the Public Contract Law; while subsequently, the solution for the problem is searched together with the final comments. Investing of public funds into science and research is probably the most efficient in a long-term horizon. However, the flow of funds for acquisition of scientific and research equipment should be supported by appropriate legislation with such wording and form not to prevent purchases of that equipment. Availability of public funds for something which in fact cannot be, due to wrongly set legislation, acquired by a contracting authority is the problem which must be eliminated through timely implementation of the above proposed changes in the Public Contract Law.

  12. International law, public health, and the meanings of pharmaceuticalization.

    Science.gov (United States)

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-02

    Recent social science scholarship has employed the term "pharmaceuticalization" in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health.

  13. Linking Public Administration and Law Studies within European Union

    Directory of Open Access Journals (Sweden)

    Mihaela V. Cărăuşan

    2012-05-01

    Full Text Available The year 1987 represented for us, scholars, the turning point for the Europeanization of highdegree studies. The European Region Action Scheme for the Mobility of University Students (ERASMUS isa European Union student exchange program which has proved its utility in the last two decade. The publicadministration and law studies are two of the fields of studies which have benefited from the ERASMUSProgramme. In this respect we will try to learn the lesson of internationalization from the European contactthrough ERASMUS programme. The ‘win win’ for students is not just in the increase of knowledge in thearea of administrative sciences and law, but also in the share of cultures. The ERASMUS gives students abetter sense of what it means to be a European citizen. In addition, many employers highly value such aperiod abroad, which increases the students’ employability and job prospects.

  14. Environmental penal law - sword of Damocles above public officials?

    International Nuclear Information System (INIS)

    Fuehren, K.H.

    1987-01-01

    An office-holder is subject to punishableness according to art. 324 seq. Penal Code under the same conditions as a citizen. If the office-holder does not intervene in case of environmental delicts, the omission of a required measure is concerned. The constitutional supplement of art. 20 Fundamental Law will have for consequence a further aggravation of the punishableness of office-holders. (CW) [de

  15. Gauging Ethical Deficits in Leadership and Student Discipline: An Analysis of Fourth Amendment Case Law

    Science.gov (United States)

    Torres, Mario S., Jr.

    2012-01-01

    Recent studies of school discipline (Skiba, Michael, Nardo, & Peterson, 2002; see also, NAACP Legal Defense and Education Fund, n.d.) have called for greater scrutiny over treatment of students in varying demographic contexts. Minimal research, however, has grappled with the ethics of disciplinary practices using legal data. Utilizing…

  16. A new way of teaching an old subject: Pharmacy Law and Ethics ...

    African Journals Online (AJOL)

    Background. Pharmacy educators are responsible for ensuring that students are equipped with the necessary regulatory knowledge required to deal with ethical challenges that arise in practice. Teaching methods have a strong impact on student learning, making it essential to determine how learning is influenced when ...

  17. Law and ethics of strikes in the Nigerian health system | Mcfubara ...

    African Journals Online (AJOL)

    Despite that health services are essential, health sector strikes have continued. The purpose here was to examine the legal and ethical justification of strikes in the Nigerian health sector. Documentary analysis and literature reviews were carried out. It was found that the Trade Disputes Act and the National Health Act do not ...

  18. The Implementation of the Sharia Law in Medical Practice: A Balance between Medical Ethics and Patients Rights.

    Science.gov (United States)

    Dargahi, Hossein

    2011-01-01

    As medical ethics indisputably needs to consider patients' religious beliefs and spiritual ideas, one can suggest that hospitals are responsible for not only patients' rights and dignity, but also for her/his religious concerns and expectations. The current study is designed shed some light on the patients' view of the implementation of religious law in Iranian hospitals, specifically, the right of patients to be visited and delivered health services by professionals from the same sex. This protocol is proposed by the Ministry of Health and Medical Education of the Islamic Republic of Iran as a response to the increasing demand for implementation of the religious law by Iranian patients. This research is a cross-sectional study which was conducted at four teaching general hospitals in Tehran, Iran. The data was collected by the means of a questionnaire distributed to 120 women who were admitted to different wards of the hospitals. These women were asked to express their opinion of the implementation the Same Sex Health Care Delivery (SSHCD) system in Iranian hospitals. All analyses were performed with the use of SPSS software, version 16.0. The results indicate that half of the hospitalized women believed that being visited by a physician from the same gender is necessary who advocated the implementation of SSHCD in a clinical setting; and most of their husbands preferred their wives to be visited exclusively by female physicians. This study highlights the view of the Iranian patients towards the issue and urges the Ministry of Health and Medical Education of the Islamic Republic of Iran to accelerate the implementation of this law. SSHCD is what the majority of Iranian patients prefer, and, considering patients' rights and the medical ethics, it should be implemented by Iranian policy makers.

  19. Public Smoking Bans, Youth Access Laws, and Cigarette Sales at Vending Machines

    OpenAIRE

    Kvasnicka, Michael

    2010-01-01

    Tobacco control policies have proliferated in many countries in recent years, in particular youth access laws and public smoking bans. The effectiveness of youth access laws is still disputed, however, as are the costs of public smoking bans to the hospitality industry. Using a unique data set on cigarette sales at more than 100k vending machines that provides first objective evidence on the outgoing and customer behavior of smokers, we study both outcome dimensions by investigating several r...

  20. The Committed Changes Within Public Procurement Law in Turkey (2003-2014)

    OpenAIRE

    Mehmet Nar

    2015-01-01

    It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA) to be rearranged for the purposes of interest groups when necessary. So, our ...

  1. Ethical issues in the development and implementation of nutrition-related public health policies and interventions: A scoping review

    Science.gov (United States)

    Peña-Rosas, Juan Pablo; Saxena, Abha; Zamora, Gerardo

    2017-01-01

    Background The limited integration of ethics in nutrition-related public health policies and interventions is one major concern for those who have the task of implementing them. Ethical challenges that are overlooked during the development of such interventions could raise serious ethical issues during their implementation and even after. As a result, these decision makers need technical support and ethical guidance for adaptation of interventions to local (cultural, social, economic, etc.) contexts. Aim The goal of this scoping review is to delineate and “map” the range of ethical issues in nutrition-related public health interventions, as well as the range of the various fields in which they may arise. Methods A scoping review of empirical research and conceptual literature was conducted following the framework of Arksey and O’Malley. Searches using PubMed with Medical Subject Headings (MeSH) categories and Advanced Search Builder as well as in the Global Health Library were performed. The final sample consists of 169 publications. Results The ethics of public health prevention or treatment of obesity and non-communicable diseases is the most explicitly and frequently discussed subject. In comparison, ethical issues raised by public health interventions in the fields of undernutrition, breastfeeding, vitamin/mineral supplementation and food fortification, food security, food sustainability and food safety are addressed in a lower proportion of the sample. The results illustrate the various natures, types, and scopes of existing public health nutrition-related interventions, and the various ethical issues that may be raised by these interventions, in addition to the numerous and different contexts in which they may be implemented. Discussion The ethical issues faced in the development and implementation of nutrition-related public health interventions are varied and cannot be equated with, nor generalized about, when dealing with specific activities in this

  2. Ethical issues in the development and implementation of nutrition-related public health policies and interventions: A scoping review.

    Science.gov (United States)

    Hurlimann, Thierry; Peña-Rosas, Juan Pablo; Saxena, Abha; Zamora, Gerardo; Godard, Béatrice

    2017-01-01

    The limited integration of ethics in nutrition-related public health policies and interventions is one major concern for those who have the task of implementing them. Ethical challenges that are overlooked during the development of such interventions could raise serious ethical issues during their implementation and even after. As a result, these decision makers need technical support and ethical guidance for adaptation of interventions to local (cultural, social, economic, etc.) contexts. The goal of this scoping review is to delineate and "map" the range of ethical issues in nutrition-related public health interventions, as well as the range of the various fields in which they may arise. A scoping review of empirical research and conceptual literature was conducted following the framework of Arksey and O'Malley. Searches using PubMed with Medical Subject Headings (MeSH) categories and Advanced Search Builder as well as in the Global Health Library were performed. The final sample consists of 169 publications. The ethics of public health prevention or treatment of obesity and non-communicable diseases is the most explicitly and frequently discussed subject. In comparison, ethical issues raised by public health interventions in the fields of undernutrition, breastfeeding, vitamin/mineral supplementation and food fortification, food security, food sustainability and food safety are addressed in a lower proportion of the sample. The results illustrate the various natures, types, and scopes of existing public health nutrition-related interventions, and the various ethical issues that may be raised by these interventions, in addition to the numerous and different contexts in which they may be implemented. The ethical issues faced in the development and implementation of nutrition-related public health interventions are varied and cannot be equated with, nor generalized about, when dealing with specific activities in this field. More importantly, these ethical issues

  3. Ethical issues in the development and implementation of nutrition-related public health policies and interventions: A scoping review.

    Directory of Open Access Journals (Sweden)

    Thierry Hurlimann

    Full Text Available The limited integration of ethics in nutrition-related public health policies and interventions is one major concern for those who have the task of implementing them. Ethical challenges that are overlooked during the development of such interventions could raise serious ethical issues during their implementation and even after. As a result, these decision makers need technical support and ethical guidance for adaptation of interventions to local (cultural, social, economic, etc. contexts.The goal of this scoping review is to delineate and "map" the range of ethical issues in nutrition-related public health interventions, as well as the range of the various fields in which they may arise.A scoping review of empirical research and conceptual literature was conducted following the framework of Arksey and O'Malley. Searches using PubMed with Medical Subject Headings (MeSH categories and Advanced Search Builder as well as in the Global Health Library were performed. The final sample consists of 169 publications.The ethics of public health prevention or treatment of obesity and non-communicable diseases is the most explicitly and frequently discussed subject. In comparison, ethical issues raised by public health interventions in the fields of undernutrition, breastfeeding, vitamin/mineral supplementation and food fortification, food security, food sustainability and food safety are addressed in a lower proportion of the sample. The results illustrate the various natures, types, and scopes of existing public health nutrition-related interventions, and the various ethical issues that may be raised by these interventions, in addition to the numerous and different contexts in which they may be implemented.The ethical issues faced in the development and implementation of nutrition-related public health interventions are varied and cannot be equated with, nor generalized about, when dealing with specific activities in this field. More importantly, these

  4. Public health ethical perspectives on the values of the European Commission's White Paper "Together for Health".

    Science.gov (United States)

    Schröder-Bäck, Peter; Clemens, Timo; Michelsen, Kai; Schulte in den Bäumen, Tobias; Sørensen, Kristine; Borrett, Glenn; Brand, Helmut

    2012-06-01

    In 2007 the European Commission issued the White Paper: "Together for Health". Considered the EU Health Strategy for the years 2008-2013, it offers the cornerstones for setting priorities in EU health actions. The public health framework offered in this strategy is explicitly built on shared values--including the overarching values of universality, access to good quality care, equity and solidarity that reacted to certain health care challenges within the EU. This article analyses the Health Strategy via its ethical scope and considers implications for future health policy making. The Health Strategy and related documents are scrutinised to explore how the mentioned values are defined and enfolded. Additionally, scientific databases are searched for critical discussions of the value base of the Health Strategy. The results are discussed and reasoned from a public health ethical perspective. The Health Strategy is barely documented and discussed in the scientific literature. Furthermore, no attention was given to the value base of the Health Strategy. Our analysis shows that the mentioned values are particularly focussed on health care in general rather than on public health in particular. Besides this, the given values of the Health Strategy are redundant. An additional consideration of consequentialist public health ethics values would normatively strengthen a population-based health approach of EU health policy making.

  5. The administrative agreement as a legal form for public services in comparative and roman law

    Directory of Open Access Journals (Sweden)

    Cristina IONAŞ

    2012-01-01

    Full Text Available Doctrinal discussions on the administrative agreement have arisen along with the economic, social and industrial development of European countries. The principle of separation of powers adopted in France after the Revolution of 1789, the need to protect private law subjects, has become increasingly necessary as private subjects may be affected by the exercise of public power. Gradually, given the need to protect the interest of both public and private sectors, it has been proceeded to create a system of administrative law, separate from the common law system.

  6. Provision of financial services, violation of public law conduct of business rules, and private law norm settinga Dutch, German, and European perspective

    NARCIS (Netherlands)

    Wallinga, Marnix

    2014-01-01

    Legal uncertainty exists with regards to the relationship between a violation of public law conduct of business rules and private law norm setting. In the area of financial services this uncertainty has led to the question whether private law duties of care can deviate from the norms pursuant to

  7. Ethical issues in using Twitter for public health surveillance and research: developing a taxonomy of ethical concepts from the research literature.

    Science.gov (United States)

    Conway, Mike

    2014-12-22

    The rise of social media and microblogging platforms in recent years, in conjunction with the development of techniques for the processing and analysis of "big data", has provided significant opportunities for public health surveillance using user-generated content. However, relatively little attention has been focused on developing ethically appropriate approaches to working with these new data sources. Based on a review of the literature, this study seeks to develop a taxonomy of public health surveillance-related ethical concepts that emerge when using Twitter data, with a view to: (1) explicitly identifying a set of potential ethical issues and concerns that may arise when researchers work with Twitter data, and (2) providing a starting point for the formation of a set of best practices for public health surveillance through the development of an empirically derived taxonomy of ethical concepts. We searched Medline, Compendex, PsycINFO, and the Philosopher's Index using a set of keywords selected to identify Twitter-related research papers that reference ethical concepts. Our initial set of queries identified 342 references across the four bibliographic databases. We screened titles and abstracts of these references using our inclusion/exclusion criteria, eliminating duplicates and unavailable papers, until 49 references remained. We then read the full text of these 49 articles and discarded 36, resulting in a final inclusion set of 13 articles. Ethical concepts were then identified in each of these 13 articles. Finally, based on a close reading of the text, a taxonomy of ethical concepts was constructed based on ethical concepts discovered in the papers. From these 13 articles, we iteratively generated a taxonomy of ethical concepts consisting of 10 top level categories: privacy, informed consent, ethical theory, institutional review board (IRB)/regulation, traditional research vs Twitter research, geographical information, researcher lurking, economic value

  8. Public acceptance of nuclear power. Some ethical issues

    International Nuclear Information System (INIS)

    Arungu-Olende, S.; Francis, J.M.; Nashed, W.; Nwosu, B.C.E.; Rose, D.J.; Shinn, R.L.; Gaspar, D. de; Abrecht, P.

    1977-01-01

    The World Council of Churches is aware of a decline of public confidence in existing social institutions responsible for maintaining and securing the nuclear fuel cycle. In addressing this concern, the World Council of Churches seeks a direct assurance from the IAEA and other responsible governmental bodies that new initiatives will be taken to resolve this anxiety and to place the acknowledged risks of an expanding nuclear power industry in a more realistic long-term perspective. The provision of energy resources for all peoples is an essential part of the struggle for a more just, participatory and sustainable society. The W.C.C. appreciates the necessity of retaining nuclear power as a viable option for the future in many countries. However, the credibility of the option can be achieved only through the resolution of the major questions that are inherent in the use of nuclear technology. These questions must be tackled before a large and irreversible world-wide commitment is made. At present, the public debate is confused. Advocates of nuclear energy plead the achievements of unproven technology, minimizing the unsolved problems, while critics ignore the societal costs of other major energy options, and demand an unrealistic absolute perfection in the design and construction of nuclear power systems. The churches seek to encourage an informed public examination of these issues. The W.C.C. stresses the necessity of resolving the problems of secure waste disposal and those posed by the drift into a dependency on the plutonium fuel economy. A just global society implies not merely equal opportunity to aspire and to achieve, but affirmative action to redress imbalances. This is incompatible with the pseudo-secrecy and patronage practiced by developed nuclear countries. The W.C.C. is concerned how the ''access'' versus ''security'' issue is to be resolved. The development of nuclear energy for civilian purposes is linked with the development of nuclear weapons. The

  9. When an adult female seeks ritual genital alteration: ethics, law, and the parameters of participation.

    Science.gov (United States)

    Cantor, Julie D

    2006-04-01

    Ritual genital cutting for women, a common practice in Africa and elsewhere around the world, remains dangerous and controversial. In recent years, a 14-year-old girl living in Sierra Leone exsanguinated and died following a ritualistic genital cutting. Hoping to avoid that fate, women with backgrounds that accept ritual genital cutting may, when they reach majority age, ask plastic surgeons to perform genital alterations for cultural reasons. Although plastic surgeons routinely perform cosmetic procedures, unique ethical and legal concerns arise when an adult female patient asks a surgeon to spare her the tribal elder's knife and alter her genitalia according to tradition and custom. Misinformation and confusion about this issue exist. This article explores the ethical and legal issues relevant to this situation and explains how the thoughtful surgeon should proceed.

  10. Ethics and law in research with human biological samples: a new approach.

    Science.gov (United States)

    Petrini, Carlo

    2014-01-01

    During the last century a large number of documents (regulations, ethical codes, treatises, declarations, conventions) were published on the subject of ethics and clinical trials, many of them focusing on the protection of research participants. More recently various proposals have been put forward to relax some of the constraints imposed on research by these documents and regulations. It is important to distinguish between risks deriving from direct interventions on human subjects and other types of risk. In Italy the Data Protection Authority has acted in the question of research using previously collected health data and biological samples to simplify the procedures regarding informed consent. The new approach may be of help to other researchers working outside Italy.

  11. Paradigm shifts in disability and health: toward more ethical public health research.

    Science.gov (United States)

    McDonald, Katherine E; Raymaker, Dora M

    2013-12-01

    Disability is often considered a health outcome disproportionately experienced by minority groups. It is also possible to view people with disabilities as a minority group that itself experiences health disparities. Calls to reduce these disparities necessitate the inclusion of people with developmental disabilities in research, although resulting ethical issues can thwart scientific progress. Using disability rights principles can help address ethical challenges and promote safe, respectful public health research. Examples include applying human rights frameworks, providing accommodations, attending to power, countering legacies of deficits-based models of disability, and transforming access to science more broadly. Collectively, these strategies can encourage broader engagement in safe, respectful, inclusive public health research aimed at promoting the health and well-being of people with developmental disabilities.

  12. Legal and public health considerations affecting the success, reach, and impact of menu-labeling laws.

    Science.gov (United States)

    Pomeranz, Jennifer L; Brownell, Kelly D

    2008-09-01

    Because the rate of consumption of away-from-home meals has increased dramatically, the distinction between requiring nutrition information for packaged but not restaurant products is no longer reasonable. Public health necessitates that nutrition labels must be included with restaurant menus as a strategy to educate consumers and address the escalation of obesity. Menu-labeling laws are being considered at the local, state, and federal levels, but the restaurant industry opposes such action. We discuss the public health rationale and set forth the government's legal authority for the enactment of menu-labeling laws. We further aim to educate the public health community of the potential legal challenges to such laws, and we set forth methods for governments to survive these challenges by drafting laws according to current legal standards.

  13. The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA

    OpenAIRE

    Krey, Volker

    2009-01-01

    "Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interacti...

  14. The Impact of the Law on the Practice of Public Relations Discourse.

    Science.gov (United States)

    Pohl, Gayle M.

    A review of the literature useful for public relations researchers and students explored the primary legal concerns that public relations practitioners face, including first amendment rights, insider trading, regulations when working with foreign organizations, disclosure, privacy, copyright/trademark law, advertising, and defamation. Public…

  15. Public participation in nuclear licensing procedures from the viewpoint of constitutional law

    International Nuclear Information System (INIS)

    Mutschler, Ulrich

    1981-10-01

    This paper reviews public participation in the licensing procedure for nuclear installations, in particular in the Federal Republic of Germany. Examples are given of practical experience acquired to date, also in the field of case-law. Finally, the paper stresses the importance of public information in nuclear procedures in view of the growing concerns for the environment. (NEA) [fr

  16. Don't Shoot the Messenger: Public Relations for Law Enforcement

    Science.gov (United States)

    Baxter, David S.

    2013-01-01

    This communication project provides an overview of public relations as seen through the communication arts. It is specifically focused to give law enforcement officers a general review of the practice of public relations, communication basics, and an understanding of the media. This course also provides the facilitator with multiple tools for…

  17. Mandatory rules and public policy in international contract law

    Czech Academy of Sciences Publication Activity Database

    Pauknerová, Monika

    -, č. 11 (2010), s. 29-43 ISSN 1612-3093 R&D Projects: GA ČR GA407/08/0188 Institutional research plan: CEZ:AV0Z70680506 Keywords : mandatory rules * public policy * Rome Convention Subject RIV: AG - Legal Sciences

  18. Under the Law: Vouchers Multiply Even without Public Support

    Science.gov (United States)

    Underwood, Julie

    2015-01-01

    Public funding of private K-12 schooling through vouchers continues to be a contentious issue across the U.S., even though a solid majority of Americans continues to oppose them. The voucher plans run the risk of legal challenge for how they handle the rights of students with disabilities and whether they violate state constitutional provisions…

  19. The right to die: the place of religion, ethics and the law | Kolade ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... Life is the state of being alive; it is a prominent feature of any living being. ... The issue of 'right to die' and end-of-life-decisions deeply rooted in the concept of ...

  20. Governing GMOs in the USA: science, law and public health.

    Science.gov (United States)

    Yang, Y Tony; Chen, Brian

    2016-04-01

    Controversy surrounds the production and consumption of genetically modified organisms (GMOs). Proponents argue that GMO food sources represent the only viable solution to food shortages in an ever-growing global population. Science reports no harm from GMO use and consumption so far. Opponents fear the potentially negative impact that GMO development and use could have on the environment and consumers, and are concerned about the lack of data on the long-term effects of GMO use. We discuss the development of GMO food sources, the history of legislation and policy for the labeling requirements of GMO food products, and the health, environmental, and legal rationale for and against GMO food labeling. The Food and Drug Administration regulates food with GMOs within a coordinated framework of federal agencies. Despite mounting scientific evidence that GMO foods are substantially equivalent to traditionally bred food sources, debate remains over the appropriateness of GMO food labeling. In fact, food manufacturers have mounted a First Amendment challenge against Vermont's passage of a law that requires GMO labeling. Mandatory GMO labeling is not supported by science. Compulsory GMO labels may not only hinder the development of agricultural biotechnology, but may also exacerbate the misconception that GMOs endanger people's health. © 2015 Society of Chemical Industry.

  1. Means, ends and the ethics of fear-based public health campaigns.

    Science.gov (United States)

    Bayer, Ronald; Fairchild, Amy L

    2016-06-01

    Controversy has swirled over the past three decades about the ethics of fear-based public health campaigns. The HIV/AIDS epidemic provided a context in which advocacy groups were almost uniformly hostile to any use of fear, arguing that it was inherently stigmatising and always backfired. Although this argument was often accepted within public health circles, surprisingly, the bioethicists who first grappled with this issue in terms of autonomy and coercion in the 1980s were not single-minded: fear could be autonomy-enhancing. But by the turn of the 21st century, as opponents of fear-based appeals linked them to stigmatisation, ethicists typically rejected fear as inherently unethical. The evidence has increasingly suggested that fear-based campaigns 'work.' Emotionally charged public health messages have, as a consequence, become more commonplace. We conclude that an ethics of public health, which prioritises population well-being, as contrasted with the contemporary focus of bioethics on autonomy, provides a moral warrant for ensuring that populations understand health risk 'in their guts.' This, we argue, does not relieve public health authorities from considering the burdens their efforts may impose on vulnerable populations. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  2. Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2012-01-01

    Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

  3. Non formal mechanisms for public water allocation and the ineffectiveness of law in arid western Argentina

    Directory of Open Access Journals (Sweden)

    Liber Martin

    2015-04-01

    Full Text Available This work analyzed the informal mechanisms of public water allocation and reallocation in western Argentina from a holistic conception of law. The paper refers to informal uses, its logical but ineffective repression and the continuous regularization processes from a non experimental observational method based on the use of qualitative strategies. The research work focused on the operation of water allocation mechanisms and management practices developed in the absence of law and against the law, at both the delivery and regulatory levels. The findings highlight the tensions and contradictions of these mechanisms under the formal legal system, demonstrating the crisis of both effectiveness and legitimacy of the law and the State in managing public waters.

  4. Ethics, the law, and prisoners: protecting society, changing human behavior, and protecting human rights.

    Science.gov (United States)

    Trestman, Robert L

    2014-09-01

    Restricting a person's liberty presents society with many inherent ethical challenges. The historical purposes of confinement have included punishment, penitence, containment, rehabilitation, and habilitation. While the purposes are indeed complex, multifaceted, and at times ambiguous or contradictory, the fact of incarceration intrinsically creates many ethical challenges for psychiatrists working in correctional settings. Role definition of a psychiatrist may be ambiguous, with potential tensions between forensic and therapeutic demands. Privacy may be limited or absent and confidentiality may be compromised. Patient autonomy may be threatened to address real or perceived security concerns. Care delivery may actually have harmful consequences in court cases for pretrial detainees or lethal consequences for those under a death sentence. An absence of data and targeted research hampers the development of evidence-based care delivery for the disenfranchised, understudied, and disproportionately ill prisoner population. In this review paper, I discuss a few of the challenges and dilemmas routinely faced and present a series of questions. Where feasible, proposed resolutions are offered.

  5. Ethical, legal and social issues to consider when designing a surrogacy law.

    Science.gov (United States)

    Ekberg, Merryn Elizabeth

    2014-03-01

    The aim of this article is to address the ethical, legal and social issues that arise when a woman becomes pregnant and gives birth to a child with the intention of surrendering this child to another woman or couple. The secondary aim is to offer some recommendations that will be beneficial for the lawmakers, policymakers and regulators who design and enforce the rules and regulations that govern surrogacy arrangements. The article considers both commercial and altruistic surrogacy and highlights some of the similarities and differences between the two. Beginning with the initial question of whether surrogacy should be legal, the controversial questions raised relate to the time before conception, during the pregnancy and after the birth of the child. The article concludes that surrogacy arrangements are ethical and should be legal because they enable the medically and socially infertile, including singles and same-sex couples, the opportunity to become parents and to enjoy the lifelong pleasures of parenthood. For many, this will be the strongest argument for the legalisation of surrogacy and the greatest benefit to arise from surrogacy arrangements.

  6. The for-profit sector in humanitarian response: integrating ethical considerations in public policy decision making.

    Science.gov (United States)

    Huckel Schneider, Carmen; Negin, Joel

    2016-01-01

    The engagement of the for-profit private sector in health, social and humanitarian services has become a topic of keen interest. It is particularly contentious in those instances where for-profit organizations have become recipients of public funds, and where they become key decision-makers in terms of how, and to whom, services are provided. We put forward a framework for identifying and organizing the ethical questions to be considered when contracting government services to the for-profit sector, specifically in those areas that have traditionally remained in the public or not-for-profit spheres. The framework is designed to inform both academic debate and practical decision-making regarding the acceptability, feasibility and legitimacy of for-profit organizations carrying out humanitarian work. First, we outline the importance of posing ethical questions in government contracting for-profit vs. not-for-profit organizations. We then outline five key areas to be considered before then examining the extent to which ethics concerns are warranted and how they may be safeguarded.

  7. Ethical implications of democratic theory for U.S. public participation in environmental impact assessment

    Science.gov (United States)

    Marion Hourdequin; Peter Landres; Mark J. Hanson; David R. Craig

    2012-01-01

    Traditional mechanisms for public participation in environmental impact assessment under U.S. federal law have been criticized as ineffective and unable to resolve conflict. As these mechanisms are modified and new approaches developed, we argue that participation should be designed and evaluated not only on practical grounds of cost-effectiveness and efficiency, but...

  8. Media harassment to public figures from the ethical perspective of journalists in Madrid

    Directory of Open Access Journals (Sweden)

    Carlos Maciá Barber, Ph. D.

    2009-01-01

    Full Text Available In the area of journalistic ethics, there is very little exhaustive fieldwork on the group behaviour in the processes for obtaining information, much less on media harassment of public figures and the ethical evaluation of the professionals themselves. In-depth interviews (30 and surveys of media professionals (410 indicate that journalists in Madrid show themselves largely in favour of harassment of politicians currently in office. Supporters and detractors of pursuing celebrities who sell exclusives are divided in equal numbers. On the other hand, those surveyed overwhelmingly reject the persecution of members of the royal family, especially their relatives, and are against the hounding of relevant personalities who do not trade in their private lives.

  9. Participation of the public in funding of the cultural offer: ethical arguments for debate

    Directory of Open Access Journals (Sweden)

    Rafael Cejudo Córdoba

    2017-09-01

    Full Text Available This paper reviews arguments for and against voluntary and direct participation of the public in the funding of cultural activities. The starting point is that financing schemes implemented by cultural policies bear ethical implications aside from their instrumental aims. Using A. Sen’s comparative approach, it is discussed whether crowdfunding and other investment instruments for cultural consumers are forms of citizen patronage worthwhile from an ethical point of view. In spite of accusations of paternalism and commoditization of the cultural life, citizen patronage is argued to be a social innovation that encourages social responsibility of cultural consumers. Accordingly, cultural policies should take into account that private behaviors concerning consumption and investment are also ways of getting involved in social life.

  10. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective

    Directory of Open Access Journals (Sweden)

    M S Pandit

    2009-01-01

    Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  11. The Committed Changes Within Public Procurement Law in Turkey (2003-2014

    Directory of Open Access Journals (Sweden)

    Mehmet Nar

    2015-02-01

    Full Text Available It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA to be rearranged for the purposes of interest groups when necessary. So, our study is trying to question the content of arrangements which were prepared with great expectations at first during the period of current government, but since 2003, when they were put into practice, they have been changed and criticized significantly. Besides, the impressions in public opinions about the idea that the Law forms a basis for the waste of resources have become the research subject.

  12. Community energy systems and the law of public utilities. Volume 20. Louisiana

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Louisiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities--Volume One: An overview. This report also contains a summary of a strategy described in Volume One--An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enchance the likelihood of ICES implementation.

  13. The Law on Precautionary Radiation Protection prevents public health protection

    International Nuclear Information System (INIS)

    Clauss, A.

    1986-01-01

    On the occasion of the discussion by the German Bundesrat of the bill on Precautionary Radiation Protection, the Hessian Minister of Social Affairs denied his approval of the bill on the grounds that there are serious and numerous flaws. He considered the bill to be a more dummy put up for election propaganda, as he could not find any substantive provisions in it. The Minister in his speech explained this opinion, saying that the bill does not provide for the protection of public health, nor create the necessary conditions for an effective and coordinated emergency control in case of a radiation accident. He declared the bill to be just an instrument of warding off danger that in essence curtails important rights of participation of the Laender. (HSCH) [de

  14. [Honesty and good faith: two cornerstones in the ethics of biomedical publications].

    Science.gov (United States)

    Reyes, Humberto

    2007-04-01

    The editors of medical journals should take the steps necessary to assure its readers that the contents of their publications are based in true data, that they are original and fulfill the ethical rules of biomedical and clinical research, including its reporting. This editors role has become increasingly difficult since the pressure to publish scientific papers is progressively stimulated by the role that those papers play in curricula vitae when the authors apply for university positions, academic promotions, research grants and for their personal prestige. As a consequence, increasing instances of misconduct in scientific publications are detected. Some cases are noticed during the editorial process, mostly when peer reviewers identify redundant publications or plagiarism. Other cases are denounced after a manuscript was published. It is the editors duty to verify the misconduct, request an explanation from the authors and, if their answer is unsatisfactory, report the problem to the institutional authorities supporting the authors. The editors should denounce the situation in a forthcoming issue of the journal. Universities should enforce the teaching of ethical rules that govern the report of scientific information. Revista Médica de Chile follows recommendations given by the International Committee of Medical Journal Editors, the World Association of Medical Editors and other groups, but honesty and good faith in all the actors involved in the process of biomedical publications (authors, reviewers, editors) remain the cornerstones of scientific good behavior.

  15. [Grounding public health policies in ethics and economic efficiency. SESPAS report 2010].

    Science.gov (United States)

    Ramiro Avilés, Miguel A; Lobo, Félix

    2010-12-01

    In recent times, various voices in Spain have questioned public health policies as an assault to personal freedom. The present article aims to respond to these voices with ethical and economic arguments. The scope and characteristics of this current of opinion are described. Then, starting with John Stuart Mill, the ethical principles of non-maleficence, beneficence, personal autonomy and justice, as well as related concepts taken from economic efficiency, such as externalities, monopoly, incomplete and asymmetric information, agency relationship, public goods and adverse selection, are discussed. A short mention is made of equity in economics, the welfare state and public health systems. The justification for paternalist actions by the state, as well as limits to these actions, are briefly discussed. Respect for individual freedom does not exclude the implementation of public health actions but rather demands the adoption of such policies. If these actions comply with certain conditions, they do not limit individual freedom but rather serve to protect it. Copyright © 2010 SESPAS. Published by Elsevier Espana. All rights reserved.

  16. Bridging theory and practice: Mixed methods approach to instruction of law and ethics within the pharmaceutical sciences

    Directory of Open Access Journals (Sweden)

    Kyle John Wilby

    2016-11-01

    Full Text Available Background: Professional responsibilities are guided by laws and ethics that must be introduced and mastered within pharmaceutical sciences training. Instructional design to teaching typically introduces concepts in a traditional didactic approach and requires student memorization prior to application within practice settings. Additionally, many centers rely on best practices from abroad, due to lack of locally published laws and guidance documents. Objectives: The aim of this paper was to summarize and critically evaluate a professional skills laboratory designed to enhance learning through diversity in instructional methods relating to pharmacy law and best practices regarding narcotics, controlled medications, and benzodiazepines. Setting: This study took place within the Professional Skills Laboratory at the College of Pharmacy at Qatar University. Method: A total of 25 students participated in a redesigned laboratory session administered by a faculty member, clinical lecturer, teaching assistant, and a professional skills laboratory technician. The laboratory consisted of eight independent stations that students rotated during the 3-h session. Stations were highly interactive in nature and were designed using non-traditional approaches such as charades, role-plays, and reflective drawings. All stations attempted to have students relate learned concepts to practice within Qatar. Main outcome measures: Student perceptions of the laboratory were measured on a post-questionnaire and were summarized descriptively. Using reflection and consensus techniques, two faculty members completed a SWOC (Strengths, Weaknesses, Opportunities, and Challenges analysis in preparation for future cycles. Results: 100% (25/25 of students somewhat or strongly agreed that their knowledge regarding laws and best practices increased and that their learning experience was enhanced by a mixed-methods approach. A total of 96% (24/25 of students stated that the mixed

  17. Bridging theory and practice: Mixed methods approach to instruction of law and ethics within the pharmaceutical sciences.

    Science.gov (United States)

    Wilby, Kyle John; Nasr, Ziad Ghantous

    2016-11-01

    Background: Professional responsibilities are guided by laws and ethics that must be introduced and mastered within pharmaceutical sciences training. Instructional design to teaching typically introduces concepts in a traditional didactic approach and requires student memorization prior to application within practice settings. Additionally, many centers rely on best practices from abroad, due to lack of locally published laws and guidance documents. Objectives: The aim of this paper was to summarize and critically evaluate a professional skills laboratory designed to enhance learning through diversity in instructional methods relating to pharmacy law and best practices regarding narcotics, controlled medications, and benzodiazepines. Setting: This study took place within the Professional Skills Laboratory at the College of Pharmacy at Qatar University. Method: A total of 25 students participated in a redesigned laboratory session administered by a faculty member, clinical lecturer, teaching assistant, and a professional skills laboratory technician. The laboratory consisted of eight independent stations that students rotated during the 3-h session. Stations were highly interactive in nature and were designed using non-traditional approaches such as charades, role-plays, and reflective drawings. All stations attempted to have students relate learned concepts to practice within Qatar. Main outcome measures: Student perceptions of the laboratory were measured on a post-questionnaire and were summarized descriptively. Using reflection and consensus techniques, two faculty members completed a SWOC (Strengths, Weaknesses, Opportunities, and Challenges) analysis in preparation for future cycles. Results: 100% (25/25) of students somewhat or strongly agreed that their knowledge regarding laws and best practices increased and that their learning experience was enhanced by a mixed-methods approach. A total of 96% (24/25) of students stated that the mixed

  18. Theological theses on the ethics of organ transplantation and on a law concerning the transplantation.

    Science.gov (United States)

    Jörns, K P

    1994-12-16

    The message of the resurrection from the dead is relevant to human beings living and dying in the unity of body and soul. The personality of man is inseparable connected with this unit--even beyond death. Brain death only marks a (decisive) point during the process of dying, and it cannot be defined as the death of a human being (in general). Theological ethics object to this definition and to a new dualism of brain and body as well as of body and personality (i.e. soul), because this dualism socialises the organs of individuals and denies the personal dignity of disappearing life. Therefore, the explantation of organs must depend on a personal declaration of consent given by the adult sponsor himself. Each information given on organ transplants must clarify that the explanation of organs means an interruption of dying.

  19. Genetic testing and breach of patient confidentiality: law, ethics, and pragmatics.

    Science.gov (United States)

    Minkoff, Howard; Ecker, Jeffrey

    2008-05-01

    Medical uses of genetic information have multiplied over the last several years. When an individual is a carrier of a clinically important allele, their kindred are at increased risk of carrying the same allele and of sharing the consequent risk of disease. If there were an intervention that could modify the risk of progression to disease, then there would be a clear advantage to kindred to be so informed. However, some probands may resist divulging that information to kindred for any of a variety of reasons, including the potential for discrimination. In this article we will review the manner in which the courts and professional organizations have viewed the conflict between 1 individual's right to privacy and another's right to information that could potentially be life saving or life prolonging. We will then consider the ethics of this issue and suggest an approach that physicians should take when confronting it.

  20. Conflict of interest - serious issue on publication ethics for Indian medical journals.

    Science.gov (United States)

    Das, Kusal K; Vallabha, Tejaswini; Ray, Jaydeb; Murthy, P S N

    2013-01-01

    There are several vested interest lies on research publication hence the editorial policy is the sole important factor to control and regulate ethical publications in medical sciences especially on 'conflict of interest' issue. The study was aimed to assess on awareness of 'conflict of interest' issue in medical research and publication among the editorial staff, peer reviewers and authors of Indian medical journals. Total 61 authors who have published research articles recently in Indian medical journals from 2008-2012, 56 peer reviewers who reviewed the manuscripts during same period and 35 editorial board members of various Indian medical journals were assessed by questionnaire and telephone interview regarding their understanding and knowledge on 'conflict of interest' issue for ethical publication. Only seven (12%) of the authors knew about the 'conflict of interest' issue and 11 (19%) of the medical authors have just heard about it. Out of 12% of authors who knew 'conflict of interest' issue only 15% provided that statement to the journals. Among the peer reviewers only 17 (30%) knew about 'conflict of interest' of which 51 (91.5%) stated that they do not bother about this issue while reviewing the manuscripts. But interestingly 42 (75%) of the peer reviewers confessed that they had a bias on the topics written by their friends or students. Among the editorial board members of Indian medical journals only 14 (25%) have any idea on 'conflict of interest issue'. Results clearly shows poor understanding of 'conflict of interest' like important ethical issue among Indian medical scientists or journals.

  1. The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

    OpenAIRE

    Aurelian Virgil BĂLUŢĂ

    2012-01-01

    The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy...

  2. ETHICS AND THE PRINCIPLES OF ISLAMIC BANKING IN THE PERSFEKTIF ISLAMIC ECONOMICS LAW

    Directory of Open Access Journals (Sweden)

    Saifullah Bombang

    2016-02-01

    Full Text Available Ethics, the value of which is sourced from the primary source of Islamic teachings inthe formation of the principles of Islamic banking in the legal system of Islamic economy. Theprinciple has been terekonstrumsi into the principle of a unified whole and undivided oneunified principle which has the same meaning and effect of all time. The two are inseparableand mutually binding becomes reference in carrying out the charitable effort (muamalah. Allactivity in the economy, including banking should always be in accordance with the principlesof Islamic teachings so as to avoid a banking practice that is full of violations of Islamic valuesand norms. The enforcement principle – the principle of Islamic banking Shariah Islamic lawin the dinormakan economy meant is to mengkonsistensikan the Islamic teachings with thepractice of the banking terkaontaminasi with other systems are generally incompatible with theethics and principles of Islam. Islam offers concept to humanity which is sourced from theQur'an and Sunnah in terms of conducting relationships or transactions with other persons,including in the field of finance as manisfestasi of Islamic teachings in the field of banking.Ethics, values and principles into the source and reference in formulating norms of Islamic lawgoverning the legal relationship in banking issues. All financial transactions in banking shouldbe subject to the legal norms of islam and every muslim needs to take hatian and not get caughtup in the banking system that are not kosher (usury and subhat so that the existence of theIslamic banking is getting solid growth and strong for the benefit of mankind.

  3. 76 FR 71343 - Ethics, Independence, Arm's-Length Role, Ex Parte Communications and Open Government

    Science.gov (United States)

    2011-11-17

    ... FARM CREDIT ADMINISTRATION [FCA-PS-81; NV 11-25] Ethics, Independence, Arm's-Length Role, Ex Parte...) and the public. The FCA Board also is committed to the ethics principles and laws governing all Executive Branch employees and to the Agency's strong ethics program. DATES: Effective Date: November 7...

  4. Convergent ethical issues in HIV/AIDS, tuberculosis and malaria vaccine trials in Africa: Report from the WHO/UNAIDS African AIDS Vaccine Programme's Ethics, Law and Human Rights Collaborating Centre consultation, 10-11 February 2009, Durban, South Africa

    Directory of Open Access Journals (Sweden)

    Essack Zaynab

    2010-03-01

    Full Text Available Abstract Background Africa continues to bear a disproportionate share of the global HIV/AIDS, tuberculosis (TB and malaria burden. The development and distribution of safe, effective and affordable vaccines is critical to reduce these epidemics. However, conducting HIV/AIDS, TB, and/or malaria vaccine trials simultaneously in developing countries, or in populations affected by all three diseases, is likely to result in numerous ethical challenges. Methods In order to explore convergent ethical issues in HIV/AIDS, TB and malaria vaccine trials in Africa, the Ethics, Law and Human Rights Collaborating Centre of the WHO/UNAIDS African AIDS Vaccine Programme hosted a consultation on the Convergent Ethical Issues in HIV/AIDS, TB and Malaria Vaccine Trials in Africa in Durban, South Africa on the 10-11 February 2009. Results Key cross cutting ethical issues were prioritized during the consultation as community engagement; ancillary care obligations; care and treatment; informed consent; and resource sharing. Conclusion The consultation revealed that while there have been few attempts to find convergence on ethical issues between HIV/AIDS, TB and malaria vaccine trial fields to date, there is much common ground and scope for convergence work between stakeholders in the three fields.

  5. Convergent ethical issues in HIV/AIDS, tuberculosis and malaria vaccine trials in Africa: Report from the WHO/UNAIDS African AIDS Vaccine Programme's Ethics, Law and Human Rights Collaborating Centre consultation, 10-11 February 2009, Durban, South Africa.

    Science.gov (United States)

    Mamotte, Nicole; Wassenaar, Douglas; Koen, Jennifer; Essack, Zaynab

    2010-03-09

    Africa continues to bear a disproportionate share of the global HIV/AIDS, tuberculosis (TB) and malaria burden. The development and distribution of safe, effective and affordable vaccines is critical to reduce these epidemics. However, conducting HIV/AIDS, TB, and/or malaria vaccine trials simultaneously in developing countries, or in populations affected by all three diseases, is likely to result in numerous ethical challenges. In order to explore convergent ethical issues in HIV/AIDS, TB and malaria vaccine trials in Africa, the Ethics, Law and Human Rights Collaborating Centre of the WHO/UNAIDS African AIDS Vaccine Programme hosted a consultation on the Convergent Ethical Issues in HIV/AIDS, TB and Malaria Vaccine Trials in Africa in Durban, South Africa on the 10-11 February 2009. Key cross cutting ethical issues were prioritized during the consultation as community engagement; ancillary care obligations; care and treatment; informed consent; and resource sharing. The consultation revealed that while there have been few attempts to find convergence on ethical issues between HIV/AIDS, TB and malaria vaccine trial fields to date, there is much common ground and scope for convergence work between stakeholders in the three fields.

  6. The Role of Stigma and Denormalization in Suicide-Prevention Laws in East Asia: A Sociocultural, Historical, and Ethical Perspective.

    Science.gov (United States)

    Chen, Justin A; Courtwright, Andrew; Wu, Kevin Chien-Chang

    In many Western countries, the criminalization and stigmatization of suicide has given way to a biomedical approach aimed at destigmatizing suicide and treating underlying mental illness. By contrast, in many East Asian countries, suicide has never historically been criminalized or stigmatized. High rates of suicide in Japan, South Korea, and Taiwan have recently led policy makers in those countries to pursue innovative suicide-prevention strategies. The intentional denormalization of harmful behaviors has been discussed in the public health and ethics literatures, particularly with regard to smoking cessation, and could represent a novel mechanism for preventing suicides in East Asia. Using examples from the sociocultural, historical, and legal discourses surrounding suicide in Western and East Asian contexts, we suggest that denormalization can be a justified, culturally relevant suicide-prevention strategy, but that care must be taken to avoid shaming or stigmatizing suicidal individuals. Specifically, we propose the term weak denormalization to refer to an ethically permissible strategy at the mildest end of a spectrum of denormalizing approaches-milder than the reintegrative shaming described in the criminal justice literature, and diametrically opposed to outright stigmatization, which is generally considered ethically impermissible. Given the severe stigma of mental illness in East Asia, adopting the dominant Western view of suicide as solely a psychiatric concern would not be justified. Weak denormalization strategies in East Asia should be culturally tailored and rigorously tested on a small scale. They should include social supports, praise for the bravery of those of who seek help, and strategies to reduce shame regarding perceived social failure.

  7. The association of state law to physical education time allocation in US public schools.

    Science.gov (United States)

    Perna, Frank M; Oh, April; Chriqui, Jamie F; Mâsse, Louise C; Atienza, Audie A; Nebeling, Linda; Agurs-Collins, Tanya; Moser, Richard P; Dodd, Kevin W

    2012-08-01

    We examined whether public schools in states with specific and stringent physical education (PE) laws, as assessed by the Physical Education-Related State Policy Classification System (PERSPCS), available on the Classification of Laws Associated with School Students (C.L.A.S.S.) Web site, reported more weekly PE time in the most recent School Health Policies and Programs Survey (SHPPS). Schools (n=410) were grouped by their state's PERSPCS time requirement scores (none, nonspecific requirement, or specific requirement). Average weekly school-level PE was calculated using the SHPPS-reported PE minutes. Weighted analyses determined if PE minutes/week differed by PERSPCS group. Schools in states with specific requirement laws averaged over 27 and 60 more PE minutes/week at the elementary and middle school levels, respectively, compared with schools within states with nonspecific laws and over 40 and 60 more PE minutes per week, respectively, compared with elementary and middle schools in states with no laws. High school results were nonsignificant. Public health guidelines recommend at least 60 minutes of daily physical activity for children, and PE may further this goal. Strong codified law with specific time requirements for PE may be an important tool contributing toward adequate PE time and daily physical activity recommendations.

  8. Cellular therapies for heart disease: unveiling the ethical and public policy challenges.

    Science.gov (United States)

    Raval, Amish N; Kamp, Timothy J; Hogle, Linda F

    2008-10-01

    Cellular therapies have emerged as a potential revolutionary treatment for cardiovascular disease. Promising preclinical results have resulted in a flurry of basic research activity and spawned multiple clinical trials worldwide. However, the optimal cell type and delivery mode have not been determined for target patient populations. Nor have the mechanisms of benefit for the range of cellular interventions been clearly defined. Experiences to date have unveiled a myriad of ethical and public policy challenges which will affect the way researchers and clinicians make decisions for both basic and clinical research. Stem cells derived from embryos are at the forefront of the ethical and political debate, raising issues of which derivation methods are morally and socially permissible to pursue, as much as which are technically feasible. Adult stem cells are less controversial; however, important challenges exist in determining study design, cell processing, delivery mode, and target patient population. Pathways to successful commercialization and hence broad accessibility of cellular therapies for heart disease are only beginning to be explored. Comprehensive, multi-disciplinary and collaborative networks involving basic researchers, clinicians, regulatory officials and policymakers are required to share information, develop research, regulatory and policy standards and enable rational and ethical cell-based treatment approaches.

  9. A critical public-health ethics analysis of Canada's international response to HIV.

    Science.gov (United States)

    Nixon, Stephanie A; Benatar, Solomon R

    2011-01-01

    As interconnections between health, ideology and politics become increasingly acknowledged, gaps in the literature also become visible in terms of analytic frameworks to engage these issues and empirical studies to understand the complexities. 'Critical public-health ethics' provides such an analytic lens. This article presents the results of a critical public-health ethics analysis of the government of Canada's international response to HIV. This qualitative study involved in-depth, semi-structured interviews with 23 experts on Canada's international response over time. Descriptive, thematic and theoretical analyses revealed an underlying dilemma between Canada's philanthropic desire to 'do the right thing' for the broader public good and Canada's commitment to its own economic growth and other forms of self-interest. Related to this tension were four conspicuous areas of silence in the data: (1) The relative absence of moral vocabulary for discussing Canada's duty to respond to the global HIV pandemic. (2) Scant reference to solutions based on poverty reduction. (3) Little awareness about the dominance of neoliberal economic rationality and its impact on HIV. (4) Limited understanding of Canada's function within the international economic order in terms of its role in poverty creation. Our study has implications for Canada and other rich nations through its empirical contribution to the chorus of calls challenging the legitimised, institutionalised and normative practice of considering the economic growth of wealthy countries as the primary objective of global economic policy.

  10. The ethical introduction of genome-based information and technologies into public health.

    Science.gov (United States)

    Howard, H C; Swinnen, E; Douw, K; Vondeling, H; Cassiman, J-J; Cambon-Thomsen, A; Borry, P

    2013-01-01

    With the human genome project running from 1989 until its completion in 2003, and the incredible advances in sequencing technology and in bioinformatics during the last decade, there has been a shift towards an increase focus on studying common complex disorders which develop due to the interplay of many different genes as well as environmental factors. Although some susceptibility genes have been identified in some populations for disorders such as cancer, diabetes and cardiovascular diseases, the integration of this information into the health care system has proven to be much more problematic than for single gene disorders. Furthermore, with the 1000$ genome supposedly just around the corner, and whole genome sequencing gradually being integrated into research protocols as well as in the clinical context, there is a strong push for the uptake of additional genomic testing. Indeed, the advent of public health genomics, wherein genomics would be integrated in all aspects of health care and public health, should be taken seriously. Although laudable, these advances also bring with them a slew of ethical and social issues that challenge the normative frameworks used in clinical genetics until now. With this in mind, we highlight herein 5 principles that are used as a primer to discuss the ethical introduction of genome-based information and genome-based technologies into public health. Copyright © 2013 S. Karger AG, Basel.

  11. Pathological, Disabled, Transgender: The Ethics, History, Laws, and Contradictions in Models that Best Serve Transgender Rights.

    Science.gov (United States)

    Wahlert, Lance; Gill, Sabrina

    This article addresses the precarious place of transgender and gender non-cis persons in relation to their discrimination-protections in recent legal, medical, and ethical policies in the United States. At present, there exists a contradiction such that trans persons are considered "pathological" enough that they are included in the latest iteration of the American Psychiatric Association's Diagnostic and Statistical Manual (DSM-V) as "gender dysphoric," but they are not included in the category of "disabled" under the Americans with Disabilities Act (ADA). As such, trans persons in America are subject to the stigma of pathology (albeit with medical treatment) without the full protections of the ADA. By contrast, transgender and non-cis-gender Americans find their queer cohorts who are HIV-positive to be fully protected by the ADA. We ask whether transgender and non-cis-gender persons should embrace their (already pathologized) personhood as a disability. Sometimes "choosing disability" affords more rights than it deploys stigma.

  12. Mapping and sequencing the human genome: Science, ethics, and public policy. Final report

    Energy Technology Data Exchange (ETDEWEB)

    McInerney, J.D.

    1993-03-31

    Development of Mapping and Sequencing the Human Genome: Science, Ethics, and Public Policy followed the standard process of curriculum development at the Biological Sciences Curriculum Study (BSCS), the process is described. The production of this module was a collaborative effort between BSCS and the American Medical Association (AMA). Appendix A contains a copy of the module. Copies of reports sent to the Department of Energy (DOE) during the development process are contained in Appendix B; all reports should be on file at DOE. Appendix B also contains copies of status reports submitted to the BSCS Board of Directors.

  13. Public policy and medical tourism: ethical implications for the Egyptian health care system.

    Science.gov (United States)

    Haley, Bob

    2011-01-01

    Egypt's medical tourism industry has been experiencing tremendous growth. However, Egypt continues to lack the necessary investment in its public health system to effectively care for its population. Current policy and the emergence of medical tourism have led to unequal health care access, resulting in high a prevalence of infectious diseases and lack of resources for its most vulnerable populations. As a new Egyptian government emerges, it is important for policymakers to understand the critical issues and ethical concerns of existing health policy. This understanding may be used to propose new policy that more effectively allocates to care for Egypt's population.

  14. Legal rights during pandemics: federalism, rights and public health laws--a view from Australia.

    Science.gov (United States)

    Bennett, B

    2009-03-01

    Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

  15. What makes health public?: a critical evaluation of moral, legal, and political claims in public health

    National Research Council Canada - National Science Library

    Coggon, John

    2012-01-01

    .... Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health"--

  16. What does public health ethics tell (or not tell) us about intervening in non-communicable diseases?

    Science.gov (United States)

    Upshur, Ross

    2013-03-01

    Obesity has been described as pandemic and a public health crisis. It has been argued that concerted research efforts are needed to enhance our understanding and develop effective interventions for the complex and multiple dimensions of the health challenges posed by obesity. This would provide a secure evidence base in order to justify clinical interventions and public policy. This paper critically examines these claims through the examination of models of public health and public health ethics. I argue that the concept of an effective public health intervention is unclear and underdeveloped and, as a consequence, normative frameworks reliant on meeting the effectiveness criterion may miss morally salient dimensions of the problems. I conclude by arguing for the need to consider both an ecological model of public health and inclusion of a critical public health ethics perspective for an adequate account of the public health challenges posed by obesity.

  17. The immanence and transcendence of God in Adamic incarnational Christology: An African ethical reflection for the public

    Directory of Open Access Journals (Sweden)

    Vhumani Magezi

    2016-03-01

    Full Text Available This article argues that the transcendence and immanence of God amplified in Christ should influence African believers� private and public ethics. It accomplishes this by engaging transcendence and immanence of God in the traditional African worldview. The African traditional worldview in many respects believes the transcendent God whose immanence is mediated by lesser spiritual intermediary powers. In responding to this view of God�s transcendence and immanence, we discuss the amplified transcendence and immanence of God in the Adamic incarnational Christological model. This model argues that in the incarnation, God�s transcendence and immanence is amplified by his assumption of our human mode of existence as the New Adam for our redemption. That is, even though God has always been transcendent and present within his creation before the incarnation, his immanence within humanity is amplified by God becoming man in and through Jesus Christ as the New Adam. The ascension of Jesus Christ does not diminish God�s presence within Christians. God continues to have his personal presence within believers through the dynamic presence of the Holy Spirit among them. The transcendence and immanence of God (amplified in Christ therefore is brought to bear in the private and public ethics of Christians. In contrast to the limited immanence of human beings, God�s immanence is infinite. That is, there is nothing human beings can do which is outside of God�s reach and knowledge. It is from this perspective that African Christians are encouraged to live lives conscious of the infinite-immanent God, who sees both their private and public lives. The private and public life of believers should resemble God�s character and behaviour demonstrated by Jesus Christ, God incarnate, in his earthly ministry. Thus, the transcendence and immanence of God amplified in Christ influences African believers to live as the true ambassadors of Christ who exhibit

  18. Business ethics in ethics committees?

    Science.gov (United States)

    Boyle, P

    1990-01-01

    The "Ethics committees" column in this issue of the Hastings Center Report features an introduction by Cynthia B. Cohen and four brief commentaries on the roles hospital ethics committees may play in the making of institutional and public health care policy in the 1990s. The pros and cons of a broader, more public role for ethics committees in reconciling the business and patient care aspects of health care delivery are debated by Cohen in "Ethics committees as corporate and public policy advocates," and by Philip Boyle in this article. Boyle is an associate for ethical studies at The Hastings Center.

  19. African American and Latino Enrollment Trends among Medicine, Law, Business, and Public Affairs Graduate Programs

    Science.gov (United States)

    de la Garza, Rodolfo; Moghadam, Sepehr Hejazi

    2008-01-01

    The purpose of this Tomas Rivera Policy Institute (TRPI) report is twofold: to provide an analysis of the enrollment trends for African American and Latino students among graduate professional programs in the fields of medicine, business, law, and public affairs, and to present other relevant data pertaining to African American and Latino students…

  20. 78 FR 13752 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

    Science.gov (United States)

    2013-02-28

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0013] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

  1. 77 FR 22631 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

    Science.gov (United States)

    2012-04-16

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

  2. Monitoring Manual for Determining Compliance with Public Law 94-142. Revised.

    Science.gov (United States)

    South Carolina State Dept. of Education, Columbia.

    Designed to assist service providers as they strive to provide a full service goal for all handicapped pupils, this manual consists of checklists for monitoring compliance with Public Law 94-142 (Education for All Handicapped Children Act). Checklists of components in general policy areas are: (1) policy requirements (LEAs - Local Educational…

  3. In the Public Interest: Law, Government, and Media. Maryland Women's History Resource Packet--1986.

    Science.gov (United States)

    Maryland State Commission for Women, Baltimore.

    Designed to be used for National Women's History Week (March 2-8), this 1986 Maryland women's history resource packet centers around Maryland women who have made significant volunteer and career contributions in the areas of government, law, and the public interest media. The packet begins with suggested student activity lists and activity sheets…

  4. 78 FR 70097 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public...

    Science.gov (United States)

    2013-11-22

    ... Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public Comments AGENCY: Maritime... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BEE...

  5. 48 CFR 52.250-1 - Indemnification Under Public Law 85-804.

    Science.gov (United States)

    2010-10-01

    ... caused by willful misconduct or lack of good faith on the part of any of the Contractor's principal... Public Law 85-804. 52.250-1 Section 52.250-1 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION (CONTINUED) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions and...

  6. What does social justice require for the public's health? Public health ethics and policy imperatives.

    Science.gov (United States)

    Gostin, Lawrence O; Powers, Madison

    2006-01-01

    Justice is so central to the mission of public health that it has been described as the field's core value. This account of justice stresses the fair disbursement of common advantages and the sharing of common burdens. It captures the twin moral impulses that animate public health: to advance human well-being by improving health and to do so particularly by focusing on the needs of the most disadvantaged. This Commentary explores how social justice sheds light on major ongoing controversies in the field, and it provides examples of the kinds of policies that public health agencies, guided by a robust conception of justice, would adopt.

  7. LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

    Directory of Open Access Journals (Sweden)

    Damir Aviani

    2008-01-01

    Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

  8. Fate of clinical research studies after ethical approval--follow-up of study protocols until publication.

    Directory of Open Access Journals (Sweden)

    Anette Blümle

    Full Text Available Many clinical studies are ultimately not fully published in peer-reviewed journals. Underreporting of clinical research is wasteful and can result in biased estimates of treatment effect or harm, leading to recommendations that are inappropriate or even dangerous.We assembled a cohort of clinical studies approved 2000-2002 by the Research Ethics Committee of the University of Freiburg, Germany. Published full articles were searched in electronic databases and investigators contacted. Data on study characteristics were extracted from protocols and corresponding publications. We characterized the cohort, quantified its publication outcome and compared protocols and publications for selected aspects.Of 917 approved studies, 807 were started and 110 were not, either locally or as a whole. Of the started studies, 576 (71% were completed according to protocol, 128 (16% discontinued and 42 (5% are still ongoing; for 61 (8% there was no information about their course. We identified 782 full publications corresponding to 419 of the 807 initiated studies; the publication proportion was 52% (95% CI: 0.48-0.55. Study design was not significantly associated with subsequent publication. Multicentre status, international collaboration, large sample size and commercial or non-commercial funding were positively associated with subsequent publication. Commercial funding was mentioned in 203 (48% protocols and in 205 (49% of the publications. In most published studies (339; 81% this information corresponded between protocol and publication. Most studies were published in English (367; 88%; some in German (25; 6% or both languages (27; 6%. The local investigators were listed as (co-authors in the publications corresponding to 259 (62% studies.Half of the clinical research conducted at a large German university medical centre remains unpublished; future research is built on an incomplete database. Research resources are likely wasted as neither health care

  9. The Moral of the Tale: Stories, Trust, and Public Engagement with Clinical Ethics via Radio and Theatre.

    Science.gov (United States)

    Bowman, Deborah

    2017-03-01

    Trust is frequently discussed with reference to the professional-patient relationship. However, trust is less explored in relation to the ways in which understanding of, and responses to, questions of ethics are discussed by both the "public" and "experts." Public engagement activity in healthcare ethics may invoke "trust" in analysing a moral question or problem but less frequently conceives of trust as integral to "public engagement" itself. This paper explores the relationship between trust and the ways in which questions of healthcare ethics are identified and negotiated by both "experts" and the public. Drawing on two examples from the author's "public engagement" work-a radio programme for the British Broadcasting Corporation and work with a playwright and theatre-the paper interrogates the ways in which "public engagement" is often characterized. The author argues that the common approach to public engagement in questions of ethics is unhelpfully constrained by a systemic disposition which continues to privilege the professional or expert voice at the expense of meaningful exchange and dialogue. By creating space for novel interactions between the "expert" and the "public," authentic engagement is achieved that enables not only the participants to flourish but also contributes to trust itself.

  10. The Ethics of Translational Science: Imagining Public Benefit in Gene-Environment Interaction Research

    Directory of Open Access Journals (Sweden)

    Sara L. Ackerman

    2017-06-01

    Full Text Available Biomedical research is increasingly informed by expectations of “translation,” which call for the production of scientific knowledge that can be used to create services and products that improve health outcomes. In this paper, we ask how translation, in particular the idea of social responsibility, is understood and enacted in the post-genomic life sciences. Drawing on theories examining what constitutes “good science,” and interviews with 35 investigators who study the role of gene-environment interactions in the etiology of cancer, diabetes, and cardiovascular disease, we describe the dynamic and unsettled ethics of translational science through which the expected social value of scientific knowledge about complex disease causation is negotiated. To describe how this ethics is formed, we first discuss the politics of knowledge production in interdisciplinary research collectives. Researchers described a commitment to working across disciplines to examine a wide range of possible causes of disease, but they also pointed to persistent disciplinary and ontological divisions that rest on the dominance of molecular conceptions of disease risk. The privileging of molecular-level causation shapes and constrains the kinds of knowledge that can be created about gene-environment interactions. We then turn to scientists’ ideas about how this knowledge should be used, including personalized prevention strategies, targeted therapeutics, and public policy interventions. Consensus about the relative value of these anticipated translations was elusive, and many scientists agreed that gene-environment interaction research is part of a shift in biomedical research away from considering important social, economic, political and historical causes of disease and disease disparities. We conclude by urging more explicit engagement with questions about the ethics of translational science in the post-genomic life sciences. This would include a consideration

  11. [Ethical and philosophical dimensions of decision-making in public health].

    Science.gov (United States)

    Grémy, F

    2008-01-01

    Decisions in public health, or in individual health care, are taken by people (individuals or collective) for other people (individuals or collective). Human values, that is to say what is connected to Ethics, should be to the fore, de jure. Too often, under the pretext that they refer to subjectivity, they appear only after very many technical considerations. The latter, in a scientist society, are supposed to deserve a claim to objectivity, this being of course illusory. The author, placing himself in the line of Levinas, Ricoeur, and also of Kant, for whom the "What must I do?" is the most fundamental question any human being has to face, develops four reasons which plead for the pre-eminence of ethics as the foundation of decisions in a policy for public health. 1) He reminds us the intangible values, which are on one side uniqueness and universality of mankind, and on the other side the singularity of the human person. 2) He insists on the ethical wreck which threatens the whole health- and healthcare systems. 3) He sets out some results of modern neurophysiological research (AR Damasio's work), joining an intuition of Aristoteles: the decision making process implies two phases: deliberation the aim of which is to list the different possible actions to undertake, then the choice between those actions. Damasio shows that the lack of emotions inhibits the choice, especially when decision implies human values. 4) Finally, he insists, after E. Morin, on the practical and theoretical difficulties in taking a "good" decision, and on what Morin calls "ecology of action". The results of a decision may completely escape from the decision-makers aims, very often for unexpected social and psychological reasons.

  12. Methods of legitimation: how ethics committees decide which reasons count in public policy decision-making.

    Science.gov (United States)

    Edwards, Kyle T

    2014-07-01

    In recent years, liberal democratic societies have struggled with the question of how best to balance expertise and democratic participation in the regulation of emerging technologies. This study aims to explain how national deliberative ethics committees handle the practical tension between scientific expertise, ethical expertise, expert patient input, and lay public input by explaining two institutions' processes for determining the legitimacy or illegitimacy of reasons in public policy decision-making: that of the United Kingdom's Human Fertilisation and Embryology Authority (HFEA) and the United States' American Society for Reproductive Medicine (ASRM). The articulation of these 'methods of legitimation' draws on 13 in-depth interviews with HFEA and ASRM members and staff conducted in January and February 2012 in London and over Skype, as well as observation of an HFEA deliberation. This study finds that these two institutions employ different methods in rendering certain arguments legitimate and others illegitimate: while the HFEA attempts to 'balance' competing reasons but ultimately legitimizes arguments based on health and welfare concerns, the ASRM seeks to 'filter' out arguments that challenge reproductive autonomy. The notably different structures and missions of each institution may explain these divergent approaches, as may what Sheila Jasanoff (2005) terms the distinctive 'civic epistemologies' of the US and the UK. Significantly for policy makers designing such deliberative committees, each method differs substantially from that explicitly or implicitly endorsed by the institution. Copyright © 2014 Elsevier Ltd. All rights reserved.

  13. Imagining Moral Bioenhancement Practices: Drawing Inspiration from Moral Education, Public Health Ethics, and Forensic Psychiatry.

    Science.gov (United States)

    Specker, Jona; Schermer, Maartje H N

    2017-07-01

    In this article, we consider contexts or domains in which (future) moral bioenhancement interventions possibly or most likely will be implemented. By looking closely at similar or related existing practices and their relevant ethical frameworks, we hope to identify ethical considerations that are relevant for evaluating potential moral bioenhancement interventions. We examine, first, debates on the proper scope of moral education; second, proposals for identifying early risk factors for antisocial behaviour; and third, the difficult balancing of individual freedom and third party concerns in (forensic) psychiatry. In imagining moral bioenhancement in practice, we observe that unlike other forms of enhancement, moral enhancement fundamentally asks how the interests and preferences of the individual and the interests of others should be weighed (in view of public safety and managing public risk). Highly diverse domains such as education, mental health, and the judicial domain might be involved, and moral bioenhancement might challenge existing institutional settings. Given these highly varied contexts and domains, it appears unlikely that there will be a distinct set of practices that will be referred to as "moral bioenhancement."

  14. The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

    Directory of Open Access Journals (Sweden)

    Aurelian Virgil BĂLUŢĂ

    2012-06-01

    Full Text Available The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy, the impact the wage regulations has on public economic policies under firm ownership change.

  15. Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

    Directory of Open Access Journals (Sweden)

    Fabio Espitia Garzón

    2016-12-01

    Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

  16. Peter Bourne's drug policy and the perils of a public health ethic, 1976-1978.

    Science.gov (United States)

    Clark, Claire D; Dufton, Emily

    2015-02-01

    As President Jimmy Carter's advisor for health issues, Peter Bourne promoted a rational and comprehensive drug strategy that combined new supply-side efforts to prevent drug use with previously established demand-side addiction treatment programs. Using a public health ethic that allowed the impact of substances on overall population health to guide drug control, Bourne advocated for marijuana decriminalization as well as increased regulations for barbiturates. A hostile political climate, a series of rumors, and pressure from both drug legalizers and prohibitionists caused Bourne to resign in disgrace in 1978. We argue that Bourne's critics used his own public health framework to challenge him, describe the health critiques that contributed to Bourne's resignation, and present the story of his departure as a cautionary tale for today's drug policy reformers.

  17. THE CONCEPT OF ETHICAL BEHAVIOR OF PUBLIC ACCOUNTANT BASED ON ISLAMIC SPIRITUALITY

    Directory of Open Access Journals (Sweden)

    Nursanty I.A.

    2017-07-01

    Full Text Available The study aims at constructing the concept of ethical behavior of public accountant based on Islamic spirituality. This research adapts spiritualist paradigm and spiritualist research design to create behavioral concept based on Islamic spirituality. Through zikr (Islam: repeated confession of faith, prayer, and contemplation method, researchers obtained balance in terms of mind, justice, honesty, and love as the instruments to analyze data. This research shows that the balance of mind, justice, honesty, and love reflected in public accountant personality will lead the accountants to personality with humanist values, as the leader on Earth with trustworthy, spreading love to others, beyond the consciousness to be devoted and faithful to Allah God Almighty.

  18. Publication Ethics and the Emerging Scientific Workforce: Understanding ‘Plagiarism’ in a Global Context

    Science.gov (United States)

    Cameron, Carrie; Zhao, Hui; McHugh, Michelle K.

    2013-01-01

    Scientific publication has long been dominated by the English language and is rapidly moving towards near complete hegemony of English, while the majority of the world’s publishing scientists are not native English speakers. This imbalance has important implications for training in and enforcement of publication ethics, particularly with respect to plagiarism. A lack of understanding of what constitutes plagiarism and the use of a linguistic support strategy known as patchwriting can lead to inadvertent misuse of source material by non-native speakers writing in English as well as to unfounded accusations of intentional scientific misconduct on the part of these authors. A rational and well-informed dialogue about this issue is needed among both native English speaking and non-native English speaking writers, editors, educators, and administrators. Recommendations for educating and training are provided. PMID:22104051

  19. Perspective: publication ethics and the emerging scientific workforce: understanding "plagiarism" in a global context.

    Science.gov (United States)

    Cameron, Carrie; Zhao, Hui; McHugh, Michelle K

    2012-01-01

    English has long been the dominant language of scientific publication, and it is rapidly approaching near-complete hegemony. The majority of the scientists publishing in English-language journals are not native English speakers, however. This imbalance has important implications for training concerning ethics and enforcement of publication standards, particularly with respect to plagiarism. The authors suggest that lack of understanding of what constitutes plagiarism and the use of a linguistic support strategy known as "patchwriting" can lead to inadvertent misuse of source material by nonnative speakers writing in English as well as to unfounded accusations of intentional scientific misconduct on the part of these authors. They propose that a rational and well-informed dialogue about this issue is needed among editors, educators, administrators, and both native-English-speaking and nonnative-English-speaking writers. They offer recommendations for creating environments in which such dialogue and training can occur.

  20. Research Ethics III: Publication Practices and Authorship, Conflicts of Interest, and Research Misconduct

    Science.gov (United States)

    Horner, Jennifer; Minifie, Fred D.

    2011-01-01

    Purpose: In this series of articles--"Research Ethics I", "Research Ethics II", and "Research Ethics III"--the authors provide a comprehensive review of the 9 core domains for the responsible conduct of research (RCR) as articulated by the Office of Research Integrity. Method: In "Research Ethics III", they review the RCR domains of publication…

  1. Ethics in public health research: masters of marketing: bringing private sector skills to public health partnerships.

    Science.gov (United States)

    Curtis, Valerie A; Garbrah-Aidoo, Nana; Scott, Beth

    2007-04-01

    Skill in marketing is a scarce resource in public health, especially in developing countries. The Global Public-Private Partnership for Handwashing with Soap set out to tap the consumer marketing skills of industry for national handwashing programs. Lessons learned from commercial marketers included how to (1) understand consumer motivation, (2) employ 1 single unifying idea, (3) plan for effective reach, and (4) ensure effectiveness before national launch. After the first marketing program, 71% of Ghanaian mothers knew the television ad and the reported rates of handwashing with soap increased. Conditions for the expansion of such partnerships include a wider appreciation of what consumer marketing is, what it can do for public health, and the potential benefits to industry. Although there are practical and philosophical difficulties, there are many opportunities for such partnerships.

  2. Some disjointed observations on federal public-land and resources law

    Energy Technology Data Exchange (ETDEWEB)

    Coggins, G.C.

    A review of the evolution of public-land law and policies concludes that: (1) Public-land and resources law cannot be divorced from history; in spite of recent developments, one cannot understand present problems without understanding their historical derivation. (2) Public-land management will always be as controversial as it is interesting because the perfect balance of resource uses in unattainable. (3) Multiple-use, sustained-yield management has failed; instead, like Christianity, it has never really been tried. (4) From the ecological maxim that everything is connected to everything else comes the notion that the isolation of public-land and resources law as a field of study is inherently artificial. Developments off federal lands that seem unrelated to them will heavily influence public-land policy: recreation pressures could decline in rough inverse proportion to gasoline prices; horizonal divestiture of oil companies would change the whole coal picture; mandatory recycling could lower demand for all virgin resources; and so on. Some notion of conservation is almost certainly going to be among the Nation's highest priorities in the next several decades.

  3. Washington State's Lystedt law in concussion documentation in Seattle public high schools.

    Science.gov (United States)

    Bompadre, Viviana; Jinguji, Thomas M; Yanez, N David; Satchell, Emma K; Gilbert, Kaiulani; Burton, Monique; Conrad, Ernest U; Herring, Stanley A

    2014-01-01

    The Lystedt law requires high school athletes who have sustained a concussion to be removed from practice and play and not to be allowed to return until cleared by a medical professional. To determine the effect of the Lystedt law on injury and concussion documentation in the Seattle public high schools. Cross-sectional study. Seattle public high schools. The numbers of students, aged 13 to 19 years in the 2008-2009, 2009-2010, and 2010-2011 school years, were 4348, 4925, and 4806, respectively. All injuries documented in SportsWare by athletic trainers in Seattle public high schools. We evaluated all injuries, including concussions recorded during the 2008-2009 school year, before the Lystedt law, and during the 2 school years after the law took effect (2009-2010 and 2010-2011). Incidence rates before and after the law were estimated and compared. The concussion rate was -1.09% in 2008-2009, 2.26% in 2009-2010, and 2.26% in 2010-2011. A comparison of relative risks showed that the incidence rates of concussions were different before and 1 year after the Lystedt law (relative risk = 2.10; 95% confidence interval [CI] = 1.50, 2.93) and 2 years after the law (relative risk = 2.10; 95% CI = 1.49, 2.93). Overall, the mean number of days out of play after 2008-2009 was almost 7 days greater after the law took effect (difference = 6.9 days; 95% CI = 0.70, 13.1). For females, the mean number of days out of play after 2008-2009 was more than 17 days in 2009-2010 (difference = 17.2 days; 95% CI = 4.81, 29.5) and was more than 6 days in 2010-2011 (difference = 6.3 days; 95% CI = 1.62, 11.0). The number of documented concussions more than doubled after the institution of the Lystedt law, which may be attributed to heightened awareness and closer monitoring.

  4. The Moral Reasoning of Public Accountants in the Development of a Code of Ethics: the Case of Indonesia

    Directory of Open Access Journals (Sweden)

    A. S. L. Lindawati

    2012-03-01

    Full Text Available The objective of this study is to explore the user’s perceptions of the role of moral reasoning in influencing the implementation of codes of ethics as standards and guidance for professional audit practice by Indonesian public accountants. The study focuses on two important aspects of influence: (i the key factors influencing professional public accountants in implementing a code of ethics as a standard for audit practice, and (ii the key activities performed by public accountants as moral agents for establishing awareness of professional values. Two theoretical approaches/models are used as guides for exploring the influence of moral reasoning of public accountants: first, Kolhberg’s model of moral development (Kolhberg 1982 and, secondly, the American Institute of Certified Public Accountants (AICPA’s Code of Conduct, especially the five principles of the code of ethics (1992, 2004. The study employs a multiple case study model to analyse the data collected from interviewing 15 financial managers of different company categories (as users. The findings indicate that (i moral development is an important component in influencing the moral reasoning of the individual public accountants, (ii the degree of professionalism of public accountants is determined by the degree of the development of their moral reasoning, and (iii moral reasoning of individuals influences both Indonesian public accountants and company financial managers in building and improving the effectiveness of the implementation of codes of conduct. It is concluded that the role of moral reasoning is an important influence on achieving ethical awareness in public accountants and financial managers. The development of a full code of ethics and an effective compliance monitoring system is essential for Indonesia if it is to play a role in the emerging global economy.

  5. We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

    NARCIS (Netherlands)

    Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

    2015-01-01

    In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at

  6. Critical analysis of the implications of new managerialism on ethical, democratic and professional values in public service

    Directory of Open Access Journals (Sweden)

    Jose G. Vargas-Hernández

    2016-01-01

    Full Text Available This paper aims to critically analyze the implications of the new managerialism in the public service through ethical, democratic and professional values. It assumes the contradictions between the values that seek to promote the public service under the model of managerialism and the reality of its implementation. The method used is analytical-descriptive-normative from the critical perspective of the parallel developments of managerialism and public service. The theoretical and methodological framework that serves as a reference for this critical analysis is provided by the theories of organizational economics and public choice. The discussion concludes that there is a necessary conflict between ethical, democratic and professional values of these new organizational forms promoted by managerialism through the theories of economics and organizational public choice and traditional values of public service.

  7. Issues Associated with the Conveyance and Transfer of DOE Lands under Public Law 105-119

    International Nuclear Information System (INIS)

    Ladino, A.G.

    1999-01-01

    Public Law 105-119 (Law) was enacted in November 1997 as part of the Defense Authorization Act of 1998 (Act). The Law specifically requires the US Department of Energy (DOE) to identify lands that are suitable for conveyance or transfer at Los Alamos National Laboratory (LANL) within 90 days after enactment of the Act. In general, suitable lands include those parcels that are not required to meet the national security missions assigned to DOE at LANL within a ten year period beginning on the date of enactment of the Act. Additional suitability criteria are addressed below and include the need to establish clear title to the land and to restore areas contaminated with hazardous wastes. This proposed change in future land ownership is intended to serve as the final settlement of DOE community assistance obligations with respect to LANL and Los Alamos County and to stimulate economic development

  8. Parkinson's Law and the New Public Managment? Contracting Determinants and Service Quality Consequences in Public Education.

    NARCIS (Netherlands)

    O'Toole, Laurence J.; Meier, Kenneth J.

    2004-01-01

    Public administration writers, with some notable exceptions, generally have not paid a great deal of attention to the history of ideas. However, public administration inquiry is profoundly affected by longstanding political and social ideas. This article shows how the idea of the state as a

  9. Roman Engineering, Public Works and Importance of Public Objects in Roman Law

    Directory of Open Access Journals (Sweden)

    Vanessa Ponte-Arrebola

    2017-01-01

    Full Text Available The skill and ability of the Romans in civil engineering and public works largely contributed to the establishment and success of their civilization. Many of the constructed works were built for the possibility of public use and enjoyment by its citizens, known as res publicae in usu publico.

  10. Ethical codes in business practice

    OpenAIRE

    Kobrlová, Marie

    2013-01-01

    The diploma thesis discusses the issues of ethics and codes of ethics in business. The theoretical part defines basic concepts of ethics, presents its historical development and the methods and tools of business ethics. It also focuses on ethical codes and the area of law and ethics. The practical part consists of a quantitative survey, which provides views of selected business entities of business ethics and the use of codes of ethics in practice.

  11. Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA Law and Sustainable Development

    Directory of Open Access Journals (Sweden)

    T Murombo

    2008-10-01

    Full Text Available One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

  12. The modernization of American public law: health care reform and popular constitutionalism.

    Science.gov (United States)

    Super, David A

    2014-04-01

    The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

  13. Balancing public health and resource limitations: A role for ethical low-level risk communication

    International Nuclear Information System (INIS)

    McGinn, R.E.

    1991-01-01

    Recognition of the pervasiveness of risk in everyday life in modern industrial society has elicited calls for greater efforts to protect individual and public health. Yet, it is increasingly clear that decisions to do so must often be made in the context of significant limits in the amounts of financial resources available for achieving that protection. Achieving risk-free work, residential, and community environments may be so expensive as to render a private business unit uncompetitive or as to divert resources from or prelude commencing with other governmental projects with equal or greater health benefit potential. Ethical low-level risk communication (LLRC) is something risk-generating entities are morally obligated to do. However, such communication also offers important opportunities for such entities to move toward achieving better balances between health and the costs of protecting it. In this paper, the authors elaborate on several features of an ethically ideal LLRC process, focusing on those with aspects they hope are not obvious or common knowledge. In discussing these features, they provide examples of conflicts between health risks and resource limits at the level of the individual private firm, the local community, or the national government, such that LLRC with the feature in question provides an opportunity for mitigating or at least clarifying the conflict in question

  14. Public opinion about laws to prohibit weight discrimination in the United States.

    Science.gov (United States)

    Puhl, Rebecca M; Heuer, Chelsea A

    2011-01-01

    Weight discrimination is pervasive in American society and impairs quality of life for obese persons. With approximately two-thirds of Americans now overweight or obese, vast numbers of people are vulnerable to weight prejudice and its consequences. Currently, no laws exist to prohibit weight discrimination. This study conducted an online survey with a national sample of 1,001 adults (representing demographics of the United States) to examine public support for six potential legislative measures to prohibit weight discrimination in the United States. Results indicated substantial support (65% of men, 81% of women) for laws to prohibit weight discrimination in the workplace, especially for legal measures that would prohibit employers from refusing to hire, terminate, or deny promotion based on a person's body weight. Laws that proposed extending the same protections to obese persons as people with physical disabilities received the least support, suggesting that Americans may not be in favor of considering obesity as a disability. Findings also highlight specific predictors of support (related to sex, age, education, income, body weight, and political ideology). These findings can be used to inform policy makers in efforts to develop antidiscrimination laws. Such measures will rectify health disparities for overweight Americans and facilitate public health efforts to address obesity.

  15. Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

    Directory of Open Access Journals (Sweden)

    Constanze Semmelmann

    2012-06-01

    Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

  16. The public principle of the EC environmental law. Das Oeffentlichkeitsprinzip des EG-Umweltrechts

    Energy Technology Data Exchange (ETDEWEB)

    Schwanenfluegel, M von

    1991-01-15

    The author discusses questions concerning the significance of the Directive on Free Access to Information Concerning the Environment approved by the European Council of Ministers on 7 June 1990 and first considers the relative importance of free access to information. Further sections deal with the right to information in the member states, EC environmental law and the information of the public. The essential regulations of the directive are presented in detail: the prehistory of the directive, aims, definition of 'information concerning the environment' and public authority, exceptions and procedures. In an outlook consequences for individual regulations of the Law on Administrative Procedures and the Rules of the Administrative Courts are addressed and the urgency of a corresponding ruling for the institutions of the Community themselves is pointed out; the Commission has already announced such a proposal. (RST).

  17. The Institutionalised and Non-institutionalised Exemptions from EU Public Procurement Law: Towards a more Coherent Approach?

    NARCIS (Netherlands)

    Janssen, Willem A.|info:eu-repo/dai/nl/374662819

    2014-01-01

    From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the in-house performance of a service to be the most suitable, the Court of Justice of

  18. Media debates and 'ethical publicity' on social sex selection through preimplantation genetic diagnosis (PGD) technology in Australia.

    Science.gov (United States)

    Whittaker, Andrea

    2015-01-01

    This paper offers a critical discourse analysis of media debate over social sex selection in the Australian media from 2008 to 2014. This period coincides with a review of the National Health and Medical Research Council's Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research (2007), which underlie the regulation of assisted reproductive clinics and practice in Australia. I examine the discussion of the ethics of pre-implatation genetic diagnosis (PGD) within the media as 'ethical publicity' to the lay public. Sex selection through PGD is both exemplary of and interconnected with a range of debates in Australia about the legitimacy of certain reproductive choices and the extent to which procreative liberties should be restricted. Major themes emerging from media reports on PGD sex selection in Australia are described. These include: the spectre of science out of control; ramifications for the contestation over the public funding of abortion in Australia; private choices versus public authorities regulating reproduction; and the ethics of travelling overseas for the technology. It is concluded that within Australia, the issue of PGD sex selection is framed in terms of questions of individual freedom against the principle of sex discrimination - a principle enshrined in legislation - and a commitment to publically-funded medical care.

  19. Trade and health: how World Trade Organization (WTO) law affects alcohol and public health.

    Science.gov (United States)

    Baumberg, Ben; Anderson, Peter

    2008-12-01

    The alcohol field is becoming more aware of the consequences of world trade law for alcohol policies. However, there is a need for greater clarity about the different effects of trade on alcohol-related harm. A comprehensive review of all literature on alcohol and world trade [including World Trade Organization (WTO) disputes on alcohol], supported by a more selective review of other relevant cases, academic reports and the grey literature on trade and health. The burden of WTO law on alcohol policies depends upon the type of policy in question. Purely protectionist policies are likely to be struck down, which may lead to increases in alcohol-related harm. Partly protectionist and partly health-motivated policies are also at risk of being struck down. However, purely health-motivated policies are likely to be defended by the WTO-and to the extent that policy makers misunderstand this, they are needlessly avoiding effective ways of reducing alcohol-related harm. WTO agreements contain genuine and substantial risks to alcohol policies, and various ways of minimizing future risks are suggested. However, the 'chilling effect' of mistakenly overestimating these constraints should be avoided. Health policy makers should decide on which policies to pursue based primarily on considerations of effectiveness, ethics and politics rather than legality. As long as any effect of these policies on trade is minimized, they are overwhelmingly likely to win any challenges at the WTO.

  20. Community Energy Systems and the Law of Public Utilities. Volume Eight. Colorado

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Colorado governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  1. Community Energy Systems and the Law of Public Utilities. Volume Seventeen. Iowa

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Iowa governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  2. Community Energy Systems and the Law of Public Utilities. Volume Thirty-two. New Jersey

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of New Jersey governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  3. Community Energy Systems and the Law of Public Utilities. Volume Nineteen. Kentucky

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Kentucky governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  4. Community Energy Systems and the Law of Public Utilities. Volume Forty-eight. Virginia

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of Virginia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  5. Community Energy Systems and the Law of Public Utilities. Volume Eleven. Florida

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Florida governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  6. Community Energy Systems and the Law of Public Utilities. Volume Eighteen. Kansas

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Kansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  7. Community Energy Systems and the Law of Public Utilities. Volume Thirteen. Hawaii

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Hawaii governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  8. Community Energy Systems and the Law of Public Utilities. Volume Twenty-one. Maine

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is given of the laws and programs of the State of Maine governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  9. Community Energy Systems and the Law of Public Utilities. Volume Forty-five. Texas

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of Texas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  10. Community Energy Systems and the Law of Public Utilities. Volume Forty-two. South Carolina

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is given of the laws and programs of the State of South Carolina governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  11. Community Energy Systems and the Law of Public Utilities. Volume Forty-six. Utah

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of Utah governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilites, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  12. Community Energy Systems and the Law of Public Utilities. Volume Fifty-two. Wyoming

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of Wyoming governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  13. Community Energy Systems and the Law of Public Utilities. Volume Forty-nine. Washington

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of Washington governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  14. Community Energy Systems and the Law of Public Utilities. Volume Forty-three. South Dakota

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of South Dakota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  15. Community Energy Systems and the Law of Public Utilities. Volume Fifty-one. Wisconsin

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of Wisconsin governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  16. Community Energy Systems and the Law of Public Utilities. Volume Forty-one. Rhode Island

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of Rhode Island governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  17. Community Energy Systems and the Law of Public Utilities. Volume Thirty-one. New Hampshire

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is presented of the laws and programs of the State of New Hampshire governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One. An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  18. Community Energy Systems and the Law of Public Utilities. Volume Twenty-three. Massachusetts

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D.A.; Weaver, C.L.

    1981-01-01

    A detailed description is given of the laws and programs of the State of Massachusetts governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  19. Community Energy Systems and the Law of Public Utilities. Volume Nine. Connecticut

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description of the laws and programs of the State of Connecticut governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

  20. Community Energy Systems and the Law of Public Utilities. Volume Six. Arkansas

    Energy Technology Data Exchange (ETDEWEB)

    Feurer, D A; Weaver, C L

    1981-01-01

    A detailed description is given of the laws and programs of the State of Arkansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.