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Journal articles on the topic 'Child health services – Law and legislation'
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1
Curtice, Martin, and Tim Hawkins. "The Human Rights Act 1998: Article 8 case law and child and adolescent mental health services." Advances in Psychiatric Treatment 16, no. 5 (September 2010): 361–68. http://dx.doi.org/10.1192/apt.bp.109.007260.
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SummaryThe United Nations' 1959 Declaration of the Rights of the Child states that ‘the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth’. In the UK, children and young people are afforded protection by two important pieces of legislation: the UN Convention on the Rights of the Child and the Human Rights Act 1998. There have been plentiful and varied challenges involving children and young people, in particular under Article 8 of the Human Rights Act. This review of Article 8 cases demonstrates both its use and key principles underpinning its use.
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Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.
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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
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Kelly, Greg, and Joan Coulter. "The Children (Northern Ireland) Order 1995 a New Era for Fostering and Adoption Services?" Adoption & Fostering 21, no. 3 (October 1997): 5–13. http://dx.doi.org/10.1177/030857599702100303.
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The introduction of the Children (Northern Ireland) Order marks the province's first major change in child care legislation for almost 30 years. Greg Kelly and Joan Coulter broadly welcome the Order and the positive impact it will have on a child care service too long dominated by child protection issues. They focus in particular on the influence it will have on fostering and adoption services, already affected by widespread organisational changes, and the difficulties these face in trying to develop greater partnership with parents while at the same time always working in the best interests of the child.
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Park, Soojin Oh, and Nail Hassairi. "What predicts legislative success of early care and education policies?: Applications of machine learning and Natural Language Processing in a cross-state early childhood policy analysis." PLOS ONE 16, no. 2 (February 11, 2021): e0246730. http://dx.doi.org/10.1371/journal.pone.0246730.
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Following the pioneering efforts of a federal Head Start program, U.S. state policymakers have rapidly expanded access to Early Care and Education (ECE) programs with strong bipartisan support. Within the past decade the enrollment of 4 year-olds has roughly doubled in state-funded preschool. Despite these public investments, the content and priorities of early childhood legislation–enacted and failed–have rarely been examined. This study integrates perspectives from public policy, political science, developmental science, and machine learning in examining state ECE bills in identifying key factors associated with legislative success. Drawing from the Early Care and Education Bill Tracking Database, we employed Latent Dirichlet Allocation (LDA), a statistical topic identification model, to examine 2,396 ECE bills across the 50 U.S. states during the 2015-2018. First, a six-topic solution demonstrated the strongest fit theoretically and empirically suggesting two meta policy priorities: ‘ECE finance’ and ‘ECE services’. ‘ECE finance’ comprised three dimensions: (1) Revenues, (2) Expenditures, and (3) Fiscal Governance. ‘ECE services’ also included three dimensions: (1) PreK, (2) Child Care, and (3) Health and Human Services (HHS). Further, we found that bills covering a higher proportion of HHS, Fiscal Governance, or Expenditures were more likely to pass into law relative to bills focusing largely on PreK, Child Care, and Revenues. Additionally, legislative effectiveness of the bill’s primary sponsor was a strong predictor of legislative success, and further moderated the relation between bill content and passage. Highly effective legislators who had previously passed five or more bills had an extremely high probability of introducing a legislation that successfully passed regardless of topic. Legislation with expenditures as policy priorities benefitted the most from having an effective legislator. We conclude with a discussion of the empirical findings within the broader context of early childhood policy literature and suggest implications for future research and policy.
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Polina, Zeleniak, Nataly Kulakova, Mozol Stanislav, Dordiai Volodymyr, and Nataliya Mozol. "Victimology: prevention of crimes against the life and health of a child." Cuestiones Políticas 38, Especial (October 25, 2020): 358–70. http://dx.doi.org/10.46398/cuestpol.38e.23.
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The objective of the article is to propose a renewed protection system for children in the prevention of crimes against life and health. The research methodology is based on the combination of dialectical, formal, dogmatic, sociological, comparative law and documentary methods. The results of the study contributed to the development of measures to guarantee the safety of the child, which means a set of legal, economic, organizational measures, which are carried out by the public powers and the administration, with the aim of neutralizing and preventing usurpation of the life and health of children in Ukraine. Organizational and legal measures have been implemented to improve the interaction of the National Police with the services of children and special institutions for children by carrying out joint activities to prevent and identify possible invasions into the life and health of the child. It is concluded that in order to determine the characteristics of the subject, namely, crimes against the life and health of the child, it is necessary to improve the legislation in the interaction of the actors to prevent this type of crime.
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Perehudoff, S. Katrina, Nikita V. Alexandrov, and Hans V. Hogerzeil. "Legislating for universal access to medicines: a rights-based cross-national comparison of UHC laws in 16 countries." Health Policy and Planning 34, Supplement_3 (December 1, 2019): iii48—iii57. http://dx.doi.org/10.1093/heapol/czy101.
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Abstract Universal health coverage (UHC) aims to ensure that all people have access to health services including essential medicines without risking financial hardship. Yet, in many low- and middle-income countries (LMICs) inadequate UHC fails to ensure universal access to medicines and protect the poor and vulnerable against catastrophic spending in the event of illness. A human rights approach to essential medicines in national UHC legislation could remedy these inequities. This study identifies and compares legal texts from national UHC legislation that promote universal access to medicines in the legislation of 16 mostly LMICs: Algeria, Chile, Colombia, Ghana, Indonesia, Jordan, Mexico, Morocco, Nigeria, Philippines, Rwanda, South Africa, Tanzania, Turkey, Tunisia and Uruguay. The assessment tool was developed based on WHO’s policy guidelines for essential medicines and international human rights law; it consists of 12 principles in three domains: legal rights and obligations, good governance, and technical implementation. Relevant legislation was identified, mapped, collected and independently assessed by multi-disciplinary, multi-lingual teams. Legal rights and State obligations toward medicines are frequently codified in UHC law, while most good governance principles are less common. Some technical implementation principles are frequently embedded in national UHC law (i.e. pooled user contributions and financial coverage for the vulnerable), while others are infrequent (i.e. sufficient government financing) to almost absent (i.e. seeking international assistance and cooperation). Generally, upper-middle and high-income countries tended to embed explicit rights and obligations with clear boundaries, and universal mechanisms for accountability and redress in domestic law while less affluent countries took different approaches. This research presents national law makers with both a checklist and a wish list for legal reform for access to medicines, as well as examples of legal texts. It may support goal 7 of the WHO Medicines & Health Products Strategic Programme 2016–30 to develop model legislation for medicines reimbursement.
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Vlaskovic, Veljko. "(Ne) Mogućnost ostvarivanja prava deteta na zdravlje i prava deteta na socijalno obezbeđenje." Forum 2, no. 1-2 (December 2020): 3–26. http://dx.doi.org/10.46793/forum20.03v.
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Human rights from the category of economic, social and cultural rights closely resemble moral ideas and proclamations. Therefore they must be realized progressively and gradually, in accordance with the available resources and with respect to minimum core obligations of the States Parties. The child’s right to health and child’s right to social security are typical examples of it. In this paper, the author deals with the problems of interpretation of those rights and their implementation at the national level, with special regard to the Serbian legislation. Special attention is paid to implementation of child’s right to health and child’s right to social security in the area of health care and social protection. The child’s right to health is directly incorporated into domestic law including various entitlements acquired by the child as a patient. Among these entitlements, the most significant are those involving child’s participation rights, such as the right of the child to consent to medical treatment. On the other hand, the child’s right to social security has not been directly incorporated into domestic law, but its implementation is dispersed over the rules on social care and different forms of health insurance. Thereby, a child is primarily considered as a passive user of social security services.
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Sinova, L. "SOCIAL AND LEGAL PROTECTION OF CHILD NEGLECT AND HOMELESSNESS DURING QUARANTINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 74–78. http://dx.doi.org/10.17721/1728-2195/2021/2.117-14.
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The article examines the features of the legal status of child neglect and homelessness, determines the place of this category of persons in society and the state. Child neglect and homelessness are considered as a separate category that needs social and legal protection from the state and charitable organizations, especially during the coronavirus pandemic (COVID-19). Today, the problem of homeless people and homeless children in Ukraine distorts the social environment, destroys the physical, mental and spiritual health of people, reduces their vital, social and creative activity, worsens morale, as well as creates tension in society. The main reasons for this situation were a sharp decline in income and living standards due to the coronavirus pandemic (COVID-19) and structural changes in the economy, unprofitability of many manufacturing enterprises, imperfect financial and credit mechanisms, the sharp increase in existing and hidden unemployment, unpreparedness of training and social institutions, as well as law enforcement agencies to work with such categories of the population in the market conditions. The general principles of social protection of homeless persons and homeless children established by the legislation are determined. It provides legal regulation for relations in society, which are aimed at realization by homeless persons and homeless children of their rights and freedoms provided by the Constitution and legislation of Ukraine. It also creates conditions for public and charitable organizations working in the field of social protection. The conditions and active growth of the number of homeless people and homeless children during quarantine are studied. The author points out the need to comply with the current legislation in the field of social and legal protection of this category of persons, especially during quarantine, as health should be a strategic direction of human life. Thus, the state should protect and help homeless citizens and homeless children according to the Constitution of Ukraine, as a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. The maintenance and upbringing of orphans and children deprived of parental care is the responsibility of the state. Keywords: homelessness, child neglect, life circumstances, health care, quarantine, social assistance, social services, orphanhood.
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Kurz, R. "Poor Quality of Mental Health Assessment Reports in UK Family Courts: A ‘call to Action’." European Psychiatry 33, S1 (March 2016): S460. http://dx.doi.org/10.1016/j.eurpsy.2016.01.1674.
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IntroductionProf. Jane Ireland found that 65% of assessment reports sampled from UK family courts were ‘poor’ or ‘very poor’.ObjectiveThe presentation raises international awareness of the problem and explains the contextual factors that contribute to malpractice.AimsThe paper highlights typical deficiencies in family court assessments and forensic processes in order to reduce the risk of unsafe custody rulings.MethodDue to the paucity of published academic literature ‘ad hoc’ Internet searches were utilised to collect source material and identify advocates. A range of conferences, seminars and continued professional development (CPD) events revealed the background for some of the persistent problems.ResultsThe suppression of the trauma-centric approach to mental health issues and its re-emergence are central to understanding the trajectory and how to improve professional practice.Organised Ritualised Crime Abuse Networks (ORCANs) seem to be at work infiltrating institutions that are supposed to uphold law and order.Inadequate psychometric instruments appear to beguile some mental health professionals into wrong diagnosis and testimony.ConclusionThe standard of UK family court assessments must improve. Scrapping ‘forced adoption’ legislation that drives the ‘child snatching’ culture in UK social services department would benefit society including citizens from abroad whose governments vocally criticise the removal of their children through clandestine UK ‘child protection’ procedures.Disclosure of interestThe author has not supplied his declaration of competing interest.
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Mellen, Christine. "Why Washington, DC, Is “One of the Best Places to Live in the World”: An Interview with Tommy Wells, Director of the District Department of the Environment." Policy Perspectives 22 (May 4, 2015): 124. http://dx.doi.org/10.4079/pp.v22i0.15118.
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Tommy Wells is the director of the District Department of the Environment (DDOE). He first came to the District in 1983 after receiving his bachelor’s degree from the University of Alabama and a master’s degree in social work from the University of Minnesota. Wells focused on child welfare issues for over two decades, first at the city’s child protective services agency and then as director of the Consortium for Child Welfare, a coalition of nonprofit organizations advocating for children, youth, and families in the District. During that time he attended law school at night, receiving his degree from the Catholic University of America in 1991.Wells first held elected office in 1995, as a member of the Advisory Neighborhood Commission in Ward 6. Following a stint on the DC State Board of Education, he ran for city council, where he represented Ward 6 for eight years. During his time on the council, Wells sat on the committees responsible for legislation affecting the environment, health, human services, and transportation. In 2014, he ran in the Democratic primary for mayor, finishing third to current mayor Muriel Bowser and then-mayor Vincent Gray.On March 18, Wells spoke with Christine Mellen of Policy Perspectives at his office. Their conversation touched on topics such as the District’s disposable bag fee, energy and the environment, and the District’s streetcar system.
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Bullock, Roger, and Roy Parker. "Personal social services for children and families in the UK: a historical review." Journal of Children's Services 12, no. 2-3 (September 18, 2017): 72–84. http://dx.doi.org/10.1108/jcs-03-2017-0007.
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Purpose The purpose of this paper is to chart the history of personal social services for children and families in the UK and examine the factors that have influenced it. Special attention is given to changing perceptions of rights, the impact of scandals and the contribution of child development research. Design/methodology/approach Analysis of historical documents and research reports using four methods: a timeline of milestones, demarcation of distinct developmental periods, trends in policy and practice and comparisons of children’s needs and experiences at different times. Findings The evolution of services has not been linear. In policy, there have been reform and retrenchment, amalgamation and differentiation. Practice has been shaped by the emergence of new problems and the disappearance of old ones as well as by legislation, extreme events, research and finance, all occurring in specific political, moral and economic contexts. Originality/value An analysis of developments in children’s services in their political, economic, moral and research contexts.
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Putri, Novi Anggraini. "Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member." Journal of Law and Legal Reform 1, no. 2 (January 26, 2020): 241–58. http://dx.doi.org/10.15294/jllr.v1i2.35421.
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TNI and Children are the two parties that are protected by special laws and regulations. Members of the TNI are committed and submit to military legislation. Apparatus who committed crimes have to follow the military’s criminal law and military court. Meanwhile, children as the victims of criminal acts have the rights that are legally protected in the legislation on child protection. The problems on this research are (1) How is Implementation of Act No. 35 of 2014 About Child Protection against child sex abuse committed by TNI in Judicial Process at Military Court II-10 Semarang? (2) How does the judge’s consideration about the Criminal adjudication to the suspect of the child sex abuse committed by TNI (Case Study of Military Court II-10 Semarang’s Verdict No. 62-K/PM.II-10/AD/IX/2016)? This study uses a qualitative method located in Indonesia with a Verdict as the object of research. The data collection techniques using document and literature study. The result of research, 1) Implementation of Act No. 35 of 2014 About Child Protection in Judicial Process at Military Court II-10 Semarang, i.e (1) Arresting the defendant (2) Giving the child as a victim an opportunity to speak up some testimony (3) The result of Visum et Repertum as a Health service (4) Giving detention and forfeit to defendant along with dismissal from military service 2) Judge's consideration of the Criminal adjudication of perpetrators of the Child Sex Crimes committed by TNI (1) Juridical considerations, i.e : Indictment, testimony of witnesses and defendants, expert's testimony, evidence and other articles in the Child Protection Law (2) Non-Juridical Considerations are mitigating and aggravating factors. The conclusion of this research is that the Implementation of Act no. 35 of 2014 has not been fully implemented in the judicial process in Military Court II-10 Semarang, the child’s identity in the previous verdict is not disguised. Suggestion from this study is the punishment of the defendant should refer to Act no. 35 of 2014 on Child Protection and after the judicial process the parties including law enforcement should provide protection for the future of the child as a victim.
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Moreno, Almudena, and Alfonso Lara Montero. "Children’s services in Spain: a study of the organisation and implementation of children’s services in three regions in response to European recommendations." Journal of Children's Services 11, no. 4 (December 19, 2016): 300–316. http://dx.doi.org/10.1108/jcs-03-2016-0005.
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Purpose The purpose of this paper is to map the current organisation and implementation of children’s services in three regions of Spain, to identify strengths and gaps and to suggest proposals for improvement in line with European recommendations. Design/methodology/approach Spain features a decentralised approach when it comes to the organisation of children’s services. This means that relevant themes for children’s services refer to decentralised policies, which diverge within the regions in the country and therefore to illustrate this the authors focus on three specific regions. The study used an exploratory case study design and relied on qualitative methods, including the answers to open questionnaires provided by senior civil servants at key regional child welfare agencies, children’s services directors and service providers. Findings The main finding from the review of the legislation and the answers to the questionnaires is that public social services still follow an assistance logic rather than a social investment approach in regards to children’s services. Although a significant development of laws and policies has taken place, ensuring the implementation, monitoring and evaluation of programmes and services for children remains a challenge. Research limitations/implications The answers provided by the respondents may be subject to limitations imposed by the agencies for which they work. A general disadvantage of qualitative research is the use of subjective criteria to interpret the relevance of the results. The study was further challenged by differences across regions when it comes to their legal and policy frameworks, development of provisions and implementation and outcomes’ evaluation. Practical implications The findings could be used to assess the state of play in regards to children’s services across the regions studied and beyond with a focus on children being placed at the centre of public services’ intervention, using a comprehensive approach and promoting critical thinking and reflective practice. Social implications The three selected case studies provide additional insight into policy and legal developments, implementation and evaluation of activities and efforts to improve policy and practice in children’s services. Originality/value This paper contributes to the evaluation of the current situation of children’s services in Spain from a decentralised perspective with the aim to facilitate changes to improve planning, implementation and evaluation of children’s services and secure better outcomes for children.
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Kaya, İbrahim Çağan, and Sema Gün. "Kuzey Amerika ve Türkiye’de Tarımsal İş Hukuku." Turkish Journal of Agriculture - Food Science and Technology 6, no. 8 (August 21, 2018): 1058. http://dx.doi.org/10.24925/turjaf.v6i8.1058-1065.1966.
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The concept of labour has come about with the economic activities of some persons or legal entities. The production of a good or service is carried out in accordance with the mutual business relationship. Along with the proletariat, which emerged in particular with the industrial revolution, legal rules have been required for the rights and obligations of workers and employers. This legal business relationship, which is mainly industrial, has doubts about its validity in the agricultural sector. Since the agricultural sector is based on a household labour force, a structure based on business contracts for procurement of goods and services from outside is quite rare. The lack of institutionalization in the agriculture sector, the absence of the agricultural proletariat, the intensification of self-employed households, and the lack of work contracts for seasonal workers have led agricultural employment law to remain a subsidiary of labour law only in developing countries like Turkey. In North America, especially the US and Canada, the agricultural labour law is a special legal entity within the legal system. The United States and Canada are governed by a federal system of governance, with each state having its own legal regulations as well as specific regulations. The aim of the study is to present work on agricultural labour law in the United States and Canada from North American countries and to compare it with agricultural labour law studies in Turkey. In this context, the legal regulations on agricultural wages, seasonal and migrant workers, child labour, social security and occupational health are examined in the United States and Canada and compared with Turkey's existing legislation.
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Katz, Linda. "Permanency Action through Concurrent Planning." Adoption & Fostering 20, no. 2 (July 1996): 8–13. http://dx.doi.org/10.1177/030857599602000203.
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The introduction of legislation in favour of ‘permanency planning’, in 1980, led to a marked decline in the number of North American children entering the public care system for much of that decade. In recent years, however, the number of children in care in the USA has been steadily rising. A major cause of this reversal is the country's drug epidemic, which has also had a significant affect on the type of child most likely to enter the system. Linda Katz highlights a failure to respond to these and other changes, outlined below, and argues for a radical upheaval of what she sees as a grossly outdated and underfunded child welfare system. On the basis of fifteen years' experience leading the Permanency Planning Programme at the Lutheran Social Services, she strongly advocates a commitment to concurrent planning — defined here as ‘the process of working toward family reunification while at the same time establishing an alternative plan’, usually in the form of permanency with a relative or secure foster/adoption placement. Such views are supported by increasing demands for information and training on concurrent planning, both in the USA and overseas.
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Selwyn, Julie, and Wendy Sturgess. "Achieving Permanency through Adoption: Following in US Footsteps?" Adoption & Fostering 26, no. 3 (October 2002): 40–49. http://dx.doi.org/10.1177/030857590202600307.
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In the past six years both England and the USA have called for radical overhauls of their adoption systems. These include not only changes to service delivery but also increased monitoring and accountability in order to achieve national child welfare goals. Drawing upon a report examining international adoption policy and practice commissioned by the Cabinet Office for the Prime Minister's review of adoption, Julie Selwyn and Wendy Sturgess compare the problems identified in the two countries' looked after children systems and examine the early impact of the US legislation.
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Cesario, Sandra K. "Nurses’ Attitudes and Knowledge of Their Roles in Newborn Abandonment." Journal of Perinatal Education 12, no. 2 (March 1, 2003): 31–40. http://dx.doi.org/10.1891/1058-1243.12.2.31.
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The practice of abandoning newborns shortly after birth has always existed. Occurring in primitive and contemporary societies, the motivations for newborn abandonment are varied and dependent upon the social norms of a specific geographic region at a given point in time. Because the desire to abandon an infant has had no support system in American society, such unwanted infants have been abandoned in a manner leading to their deaths. In response, many states have passed safe-haven legislation to save the lives of unwanted newborns. The laws typically specify a mother’s ability to “abandon” her child to a medical service provider. However, judgmental attitudes and a lack of accurate information may impede a health care provider’s ability to carry out a safe-haven law. The study described here examines a sample of nurses in a state with a safe-haven law. The study revealed no significant correlation between a nurse’s knowledge, attitude, and self-perception of preparedness to manage a newborn abandonment event. However, the outcomes highlight the negative attitudes and lack of knowledge many nurses possess regarding newborn abandonment and the women who commit this act. Educational programs for all health care providers and the community are essential to the efficacy of the legislation that currently exists. Continued multidisciplinary strategizing and general awareness are needed to serve as catalysts to build supports for unwanted newborns and their safe assimilation into the community.
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Asuan, Asuan. "PERLINDUNGAN HUKUM TERHADAP PEKERJA BERSTATUS PERJANJIAN KERJA WAKTU TERTENTU (PKWT) MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN." Solusi 17, no. 1 (January 1, 2019): 23–31. http://dx.doi.org/10.36546/solusi.v17i1.147.
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This study is a normative juridical approach with an approach to problems that see in terms of applicable laws and regulations, especially regarding labor law / labor. This study uses secondary data with the preparation of a conceptual framework, to obtain legal materials in the form of theories, concepts and legal principles obtained from the literature, among others, books, documents, articles, and other literature. Legislation, namely Law No. 13 of 2003 concerning Labor, the Civil Code and other legal regulations relating to problems. The results of the discussion, namely the protection of workers with an inter-time employment agreement (PKWT) according to Law Number 13 of 2003 concerning Employment, namely: Protection of work hours namely 7 (seven) hours in 1 (one) day and 40 hours 1 (one) week for 6 (six) working days in 1 (one) week; or 8 (eight) hours in 1 (one) day and 40 hours 1 (one) week for 5 (five) working days in 1 (one) week. (Article 77 paragraph 1); Protection against wages, namely provincial minimum wages and district / city minimum wages (Article 88 paragraph (3) letter a); protection of welfare, that is workers / laborers and their families have the right to obtain social security workers. and includes family planning services, child care, workers' housing, worship facilities, sports facilities, canteen, health, recreation and the establishment of cooperative facilities, of course the provision of these facilities is carried out with the company's ability (Article 99 paragraph 1 and 100 verses 1 and 2) , and Protection of Social Security, namely the Social Security Program includes collateral for death, work accident insurance, old age guarantee and health care guarantee (article 99). The constraints in legal protection of workers in certain time work agreements (PKWT) are related to regulations, relating to work agreements and related to supervision
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Broad, Bob. "Kinship Care: Supporting Children in Placements with Extended Family and Friends." Adoption & Fostering 25, no. 2 (July 2001): 33–41. http://dx.doi.org/10.1177/030857590102500206.
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There is little written about children living in kinship care placements, either generally about the role and work of social services in supporting such placements or specifically about kinship care from carers' and users' perspectives. For a child in need who can no longer live with their birth parents(s), being supported by social services to live with a member of her or his extended family can be another appropriate placement option. Given that a good-sized proportion of looked after children, at least equivalent to those in residential care, are placed with a relative or friend, it is argued here that kinship care merits much more discussion, research and development than has hitherto been the case. Based on an ongoing research project, Bob Broad seeks to begin to redress this balance. After reviewing the kinship care literature, as well as the legislative and policy context, research findings from an ongoing research project are presented. The views of kinship carers are given, which suggest they value the support of social workers and require further support, financial payments, information and recognition from social services. Questions are also raised about the over-representation of black children in such placements.
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Paynter, Martha Jane. "Policy and Legal Protection for Breastfeeding and Incarcerated Women in Canada." Journal of Human Lactation 34, no. 2 (March 27, 2018): 276–81. http://dx.doi.org/10.1177/0890334418758659.
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Most incarcerated women in Canada are mothers. Because women are the fastest growing population in carceral facilities, protecting the rights of incarcerated women to breastfeed their children is increasingly important. There is considerable evidence that incarcerated women in Canada experience poor physical and mental health, isolation, and barriers to care. Incarcerated women and their children could benefit significantly from breastfeeding. This Insight in Policy explores policy and legal protection for breastfeeding in Canada as it relates to carceral facilities, considers key cases regarding breastfeeding rights among incarcerated women, and presents recommendations for policy development and advocacy. The Canadian Constitution and human rights legislation across Canada prohibits discrimination on the basis of gender and includes pregnancy and the possibility of becoming pregnant as a characteristic of gender. Some provinces note that breastfeeding is a characteristic of gender. Women’s Wellness Within, a nonprofit organization providing volunteer perinatal support to criminalized women in Nova Scotia, conducted a scan of all provincial and territorial correctional services acts and the federal Corrections and Conditional Release Act: none mention breastfeeding. Protocols for breastfeeding during arrest and lockup by police were not available in any jurisdiction across Canada. International law, including the Convention on the Rights of the Child, the Nelson Mandela Rules, and the Bangkok Rules, have application to the rights of incarcerated breastfeeding women. The Inglis v. British Columbia (Minister of Public Safety) (2013) and Hidalgo v. New Mexico Department of Corrections (2017) decisions are pivotal examples of successful litigation brought forward by incarcerated mothers to advance breastfeeding rights. Improved application and understanding of existent law could advance breastfeeding rights.
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Cocker, Christine, and Helen Cosis Brown. "Sex, Sexuality and Relationships: Developing Confidence and Discernment When Assessing Lesbian and Gay Prospective Adopters." Adoption & Fostering 34, no. 1 (April 2010): 20–32. http://dx.doi.org/10.1177/030857591003400103.
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In the UK, the last 15 years have seen a profound change in the way that lesbians and gay men have been socially and politically located and acknowledged. This is evidenced by recent legislative changes that have given protection to lesbians and gay men and placed a duty on public bodies to provide equitable services. For a number of years lesbians and gay men have been specifically targeted, recruited and utilised as adopters of children in public care. With these changes has come the realisation that a number of complexities in adoption practice have been insufficiently addressed. Brown and Cocker (2008) have argued that in the assessment of prospective lesbian and gay adopters, struggling with complexities is crucial for safe and effective assessment of suitability to be realised. This appreciation of the complexity of practice has been articulated in the Independent Inquiry into the Circumstances of Child Sexual Abuse by Two Foster Carers in Wakefield (Parrott et al, 2007). The report noted that the ‘homosexuality’ of the foster carers became the primary focus of social work anxiety. This happened at the expense of holistic considerations of both the carers' potential and their actual foster care practice. Although these findings relate to foster care, they are transferable to the adoption field. The authors of the Inquiry emphasised the importance of ‘discrimination’ in practice, arguing that ‘discrimination’ was essential for discerning and analytical assessment, support and supervision. This article by Christine Cocker and Helen Cosis Brown offers a conceptual framework as well as practice tools to facilitate such discriminatory, effective, discerning and comprehensive assessments of lesbian and gay prospective adopters. The paramountcy of the child's welfare has to remain central to developments in adoption practice. This article maintains this centrality.
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Kristanto, Andi Puji. "Analysis of Health Law Relating to Health Services Affected by COVID-19." Journal La Sociale 2, no. 1 (March 6, 2021): 53–57. http://dx.doi.org/10.37899/journal-la-sociale.v2i1.307.
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COVID-19 has a profound influence on all aspects of life, especially in the medical field. Services for public health who are not tainted with COVID-19 have similar issues. As a result, the writers want to look at health legislation and how it relates to the status of health care after the COVID-19 pandemic. In this study, qualitative approaches were used for a descriptive methodology. According to the findings of the investigation, COVID-19 has caused significant damage to medical and hospital staff, resulting in numerous problems for health care, especially while coping with COVID-19 patients and patients who are not contaminated with COVID-19. This is obviously in conflict with current health legislation, which recognizes health as one of the most fundamental human needs and has newly been granted statutory protection. The government has formulated numerous strategies in this regard so that this fundamental right can be battled for even throughout the pandemic.
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O'Reilly, Richard L., and John E. Gray. "Canada's mental health legislation." International Psychiatry 11, no. 3 (August 2014): 65–67. http://dx.doi.org/10.1192/s1749367600004525.
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In Canada the ten provinces and three territories are responsible for their own health laws and services. The 13 mental health acts have core similarities, but there are clinically significant differences. In most Canadian jurisdictions legislation is based on common law; in Quebec, it is based on a civil code. Canadian jurisdictions favour voluntary admission and sometimes make this explicit in their mental health acts. For involuntary admission or compulsory in-patient or community treatment to be valid, three elements must be applied correctly: the process, the criteria and the rights procedures. These are reviewed in this paper.
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Nguyen, My Hanh (Theresa), and Karen G. Duderstadt. "Access to Maternal Mental Health Services: Trends in State Legislation." Journal of Pediatric Health Care 32, no. 6 (November 2018): 644–47. http://dx.doi.org/10.1016/j.pedhc.2018.08.007.
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Ho, Hilda. "Mental healthcare in Brunei Darussalam: recent developments in mental health services and mental health law." International Psychiatry 11, no. 4 (November 2014): 100–102. http://dx.doi.org/10.1192/s1749367600004720.
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Mental health services and legislation in Brunei Darussalam have undergone a period of development and reform. This paper describes the challenges met, recent innovations and priority areas for the next 10 years.
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Benatar, Solomon R. "Global Health, Vulnerable Populations, and Law." Journal of Law, Medicine & Ethics 41, no. 1 (2013): 42–47. http://dx.doi.org/10.1111/jlme.12004.
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The most common response to the challenge of protecting health through law is to focus on protecting the rights of vulnerable individuals and to enhance their access to health care. Each one of us is vulnerable or potentially vulnerable because of the fragile, existential nature of the human condition. Catastrophic and unexpected events could instantaneously transform us from a state of total independence and potential vulnerability to one of extreme vulnerability and complete dependence. Some legal provisions have the potential to provide a modicum of protection when we find ourselves in those situations (for example, through legislation, effective emergency health services can be created to reduce the impact of our potential vulnerability). There are also legal provisions that contribute to beneficial social circumstances; for example, legislation enabling universal access to medical care, and operationalizing respect for the individual’s right to health care, as advocated for by other authors in this issue.
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Novotni, Antoni, Nensi Manusheva, and Gabriela Novotni. "Mental health law in the Former Yugoslav Republic of Macedonia." BJPsych International 15, no. 3 (March 19, 2018): 63–65. http://dx.doi.org/10.1192/bji.2017.18.
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Psychiatrists are often confronted with the problem of non-consensual treatment. This paper focuses on the rights of patients with mental health disorders in the Former Yugoslav Republic of Macedonia in relation to non-consensual treatment and deprivation of liberty. The current mental health legislation and its implementation in local services is described with an emphasis on the assessment and treatment of patients with mental disorders.
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Parish, Susan, Kathleen Thomas, Roderick Rose, Mona Kilany, and Robert McConville. "State Insurance Parity Legislation for Autism Services and Family Financial Burden." Intellectual and Developmental Disabilities 50, no. 3 (June 1, 2012): 190–98. http://dx.doi.org/10.1352/1934-9556-50.3.190.
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Abstract We examined the association between states' legislative mandates that private insurance cover autism services and the health care–related financial burden reported by families of children with autism. Child and family data were drawn from the National Survey of Children with Special Health Care Needs (N = 2,082 children with autism). State policy characteristics were taken from public sources. The 3 outcomes were whether a family had any out-of-pocket health care expenditures during the past year for their child with autism, the expenditure amount, and expenditures as a proportion of family income. We modeled the association between states' autism service mandates and families' financial burden, adjusting for child-, family-, and state-level characteristics. Overall, 78% of families with a child with autism reported having any health care expenditures for their child for the prior 12 months. Among these families, 54% reported expenditures of more than $500, with 34% spending more than 3% of their income. Families living in states that enacted legislation mandating coverage of autism services were 28% less likely to report spending more than $500 for their children's health care costs, net of child and family characteristics. Families living in states that enacted parity legislation mandating coverage of autism services were 29% less likely to report spending more than $500 for their children's health care costs, net of child and family characteristics. This study offers preliminary evidence in support of advocates' arguments that requiring private insurers to cover autism services will reduce families' financial burdens associated with their children's health care expenses.
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Eaton, Julian. "Human rights-based approaches to mental health legislation and global mental health." BJPsych International 16, no. 02 (May 2, 2018): 37–40. http://dx.doi.org/10.1192/bji.2018.5.
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Globally, established practice in mental health services has tended to be codified into law in ways that are paternalistic, seeking to make decisions for patients that presume ‘best interest’ and which ultimately place power in the hands of medical authority. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) – which has been widely ratified globally – challenges these assumptions, instead placing the expressed will and preference of patients as the most important factor in decision-making, including treatment and consent to admission. The contradictions between these approaches cause profound challenges in legislation reform, but a human rights framework offers the potential for a paradigm shift in the way that people are treated in services, and in exploration of alternative practices that promise a more humane and dignified future for mental health care.
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Rae, Helen, Karen McKenzie, and George Murray. "Health care workers' knowledge of current child protection legislation and child discipline practices." Child Abuse Review 19, no. 4 (July 5, 2010): 259–72. http://dx.doi.org/10.1002/car.1126.
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Hartlev, Mette. "Forwards or Backwards? New Directions in Danish Patients’ Rights Legislation." European Journal of Health Law 18, no. 4 (2011): 365–74. http://dx.doi.org/10.1163/157180911x575758.
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AbstractThe Danish Patients’ Rights Act from 1998 was the first comprehensive piece of legislation addressing the basic legal values and principles governing the relation between patient and the health care services. Since the adoption of the Act there has been continuous legislative activity in the field, and the objective of the article is to discuss how recent developments in Danish patients’ rights legislation shall be interpreted in terms of balancing interests of patients towards interests of society and the health care professions.
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Мограбян, Армине, and Armine Mograbyan. "Civil law aspects of the regulation of cosmetology services." Advances in Law Studies 6, no. 1 (May 24, 2018): 1. http://dx.doi.org/10.29039/article_5b06941aaec8c9.29946498.
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In the current legislation there is no concept of cosmetology services, in science there is also no consensus on their content. In connection with this, the author sets the goal to investigate this concept as a private-law category, to determine its content and specifics. The main methods of the study were a comparative legal method and a method of system analysis. Results of the study. A complex analysis of private legal acts containing norms regulating cosmetology services as well as relations arising in the course of their provision is carried out. Various scientific positions in the field under study are examined, and as a result, the content of cosmetological services is determined, and their classification is carried out. Based on the analysis of the current legislation in the field of health, the specificity and correlation of such categories as "cosmetology services" and "cosmetic services" are defined. The main feature of cosmetic services is revealed, which is connected not with violation of the integrity of the human skin, but only with hygienic care of the external appearance. As a result of the study, it was concluded that the object of regulation of both cosmetological and cosmetic services is the appearance of a person. But, despite the general object of regulation, these are different concepts, because cosmetology services, unlike cosmetic services, are a kind of medical. In addition, the author carried out a classification of cosmetology services, which include therapeutic (curative) and surgical (operational) services. Surgical services, in turn, are divided into the following varieties: mandatory, at the request of the patient, rehabilitation and reconstructive. Scope of the results obtained. The results of the research can be applied for the purposes of private legal regulation of relations that arise in the process of providing cosmetology services, when lecturing, developing educational and methodological aids in civil and medical law, teaching legal disciplines related to the activities of medical organizations, as well as in lawmaking when making changes in the current legislation.
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Cummins, Ian. "Narratives of reform: the Mental Health Act (MHA) in England and Wales from the 1983 MHA to the Wessley Review (2018)." Journal of Adult Protection 22, no. 4 (July 29, 2020): 217–26. http://dx.doi.org/10.1108/jap-03-2020-0009.
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Purpose This paper aims to examine reform of mental health legislation in England and Wales. It covers the period from the introduction of the 1983 MHA to the proposed reforms outlined in the Wessley Review that was published in December 2018. Design/methodology/approach This is a literature-based project. Findings Reform of the mental health legislation reflects two potentially conflicting strands. One is the state’s power to incarcerate the “mad”, and the other is the move to protect the civil rights of those who are subject to such legislation. The failures to development adequately funded community-based mental health services and a series of inquiries in the 1990s led to the introduction of Community Treatment Orders in the 2007 reform of the MHA. Research limitations/implications The development of mental health policy has seen a shift towards more coercive approaches in mental health. Practical implications The successful reform of the MHA can only be accomplished alongside investment in community mental health services. Originality/value The paper highlights the tensions between the factors that contribute to mental health legislation reform.
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Hahn, Hayley, Johanna Caldwell, and Vandna Sinha. "Applying Lessons from the U.S. Indian Child Welfare Act to Recently Passed Federal Child Protection Legislation in Canada." International Indigenous Policy Journal 11, no. 3 (September 4, 2020): 1–32. http://dx.doi.org/10.18584/iipj.2020.11.3.8206.
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Indigenous children are overrepresented in child protection systems in the United States and to an even greater degree in Canada. Canada has recently passed federal child welfare legislation, Bill C-92, with the goal of affirming the rights of Indigenous Peoples and establishing guidelines with respect to child and family services for Indigenous children. The aim of this article is to contribute to ongoing discussions about the recently passed Canadian legislation, drawing on lessons learned in the United States context. The Indian Child Welfare Act (ICWA), passed in the United States in 1978, has created a legislative paradigm, which in some cases has been bolstered by state-level provisions. The ICWA can provide helpful lessons to consider in Canada as the new legislation is implemented and amended over time. Specifically, we examine elements of the ICWA related to accessibility and compliance with the law, along with deeper analysis of state-level statutes related to adoption provisions in light of the phenomenon of transracial adoption of Indigenous children. As reactions to the Canadian federal law have been mixed, this policy analysis may be supportive of conversations regarding its further development, particularly related to funding and enforcement. On a broader level, considerations of Indigenous community jurisdiction over child and family policies within our discussion are relevant to various settler-colonial contexts.
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Thomas, Kay L. "Child Welfare Legislation in Denmark: Trends in Child Welfare over the Past Decade." Children Australia 10, no. 4 (1986): 12–16. http://dx.doi.org/10.1017/s0312897000016635.
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AbstractThis paper deals with the Danish Child Welfare Law, which was passed in 1974 as part of an integrated welfare law aiming at decentralization of decision making in local government, and maximum citizen participation.The law provides for counselling, recommendations and injunctions in connection with counselling, appointment of personal guidance officers, and taking children into care. The greater part of decision making is made in co-operation with parents. The few cases of removal of a child from the home without parental consent are conducted under the auspices of the local council welfare committee, presided over by a judge. Parents are given access and must be heard. Parents have wide rights of appeal.
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Farrell, Ann. "Child protection policy perspectives and reform of Australian legislation." Child Abuse Review 13, no. 4 (July 2004): 234–45. http://dx.doi.org/10.1002/car.849.
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Marhold, Franz, and Christoph Paul Ludvik. "Thoughts about indexing family benefits: Are authorities permitted to apply the Austrian indexation of family benefits? The primacy of EU law and the right/obligation to request a ruling from the Court of Justice of the European Union." European Journal of Social Security 22, no. 3 (September 2020): 273–86. http://dx.doi.org/10.1177/1388262720952634.
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Austria amended legislation, adjusting family benefits such as the family allowance and the deductible family allowance amount to the (lower) price level indices for consumer goods and services (indexation) of the State of residence of the child. This case is not a unique case. In the European Union, similar endeavours were envisaged in several Member States. The Austrian legislation, however, is now being challenged before the CJEU. In the authors’ opinion, this unsuitable cost-saving budget measure contradicts Union law. Consequently, the provisions concerned must remain unapplied. After all, since the Austrian legislation is obviously incompatible with primary Union law, authorities or courts are not even required to refer the matter to the CJEU.
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Zaal, Frederick Noel, and Justin D'Almaine. "Inheritance Rights for Posthumously Procreated Children: A Growing Challenge for the Law." Potchefstroom Electronic Law Journal 21 (June 21, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4211.
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Significant advances in cryogenic technology render it possible to freeze and store human gametes. Under appropriate laboratory conditions frozen gametes can remain viable for long periods of time. In consequence, it is possible for a child to be conceived and procreated after the death of one or both parents. This raises some challenging juristic problems. Amongst these are implications for the law of inheritance. Where a valid will expressly refers to a child who will be procreated after the testator's death, the child's right to inherit will be secured. However, where a will merely refers to children as a class, or with intestate succession, it becomes uncertain whether a posthumously procreated child has a right to inherit. South African legislation governing succession, the common law and the Constitution of the Republic of South Africa, 1996 all fail to provide definitive answers. Because of this and as the numbers of posthumously procreated children are likely to increase as artificial reproduction services become more widely available, there is a need for South African legislation to clarify their inheritance rights.
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Uusitalo, Jenna. "From Legislative Shortcomings towards Better Human Rights Protection — Analysis of Legislation on the Emergency Medical Services in Finland and Estonia." European Journal of Health Law 25, no. 4 (July 27, 2018): 389–406. http://dx.doi.org/10.1163/15718093-12540387.
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Abstract Emergency medical service (EMS) is designed, above all, to provide urgent treatment for patients with sudden life-threatening diseases or injuries. In wider context, however, EMS is a part of state’s constitutional obligation to guarantee adequate medical care. Therefore, this analysis of how EMS legislation has been drafted and implemented in practice can also be seen to reflect the state’s attitude towards the protection of human rights. A comparison between legal provisions on EMS in Finland and Estonia has been performed in order to illustrate these differentiations. Essentially, the article argues that Estonian EMS legislation seems to contribute more significantly to human rights protection, whereas Finland is more economically oriented in its attitude. However, both jurisdictions also contain some advantageous provisions, which could enhance the quality and improve the recognition of human rights in other states as well.
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Hartsfield, DeKeely, and Frank Vinicor. "The Role of Law in Health Services Delivery: Diabetes and State-Mandated Benefits." Journal of Law, Medicine & Ethics 31, S4 (2003): 51. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00749.x.
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Diabetes is a chronic and systemic disease that has reached epidemic proportions. An estimated 17 million Americans have diabetes (5.9 million of which are undiagnosed), and an additional 16 million individuals are considered to have pre-diabetes. Studies have shown that timely screening and referral are necessary to maintain healthy blood glucose levels and slow the progression of diabetes-related complications. Furthermore, lifestyle changes (i.e., altered diet and physical activity) can prevent or delay the onset of Type 2 diabetes for high-risk individuals.The Division of Diabetes Translation at the Centers for Disease Control and Prevention undertook an analysis of diabetes-related legislation across the nation. More specifically, state laws, rules and regulations mandating health insurance coverage for diabetes-related supplies and services were examined according to Sample Purchasing Specifications for Services Related to Diabetes—an evidence-based model of standards of care for persons with diabetes.
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Tosevski, Dusica Lecic, Saveta Draganic Gajic, Milica Pejovic Milovancevic, and Slavica Djukic Dejanovic. "Mental health law in Serbia – an important step towards destigmatisation." International Psychiatry 10, no. 3 (August 2013): 65–66. http://dx.doi.org/10.1192/s1749367600003891.
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Serbia has, along with other countries in the region, begun reform of its mental healthcare services. The delivery of mental healthcare was hitherto only partially regulated by law. Hence the National Committee for Mental Healthcare in Serbia has prepared a draft Mental Health Law within the context of a multicentre project entitled ‘Enhancing social cohesion through strengthening community care’ as part of the Stability Pact for South Eastern Europe. It is expected that new mental health legislation will soon be approved by Parliament and lead to the implementation of changes concerning mental healthcare. It should contribute to the destigmatisation of patients, mental health professionals and psychiatry as a discipline.
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Jones, Jeffrey R. "Patients' access to their psychiatric notes: a review." Psychiatric Bulletin 15, no. 12 (December 1991): 753–54. http://dx.doi.org/10.1192/pb.15.12.753.
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Recent legislation, the Access to Health Records Act (1991), which came into force in November, will mean that patients will be able to apply for access to their written case file. This law will not be retrospective, and notes written before this date will not therefore fall under the scope of the act. Similar legislation has already been passed enabling access to Social Services case files (Access to Personal Files Act, 1987). The legislation follows increasing pressure for consumer rights in various areas and follows similar developments allowing access to health records in other countries.
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Small, Mark A. "Constitutional Challenges to Child Witness Protection Legislation: An Update." Violence and Victims 9, no. 4 (January 1994): 369–77. http://dx.doi.org/10.1891/0886-6708.9.4.369.
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The Supreme Court’s landmark decision in Maryland v. Craig created some uncertainty about the state constitutionality of child witness protection legislation. This article briefly discusses the current status of child witness protection legislation in light of recent litigation, focusing on Illinois. Conclusions are drawn concerning the likely future course of litigation affecting child witness protection legislation in other jurisdictions.
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Hoffman, István. "National Interest and European Law in the Legislation and Juridical Practice on Health Care Services – In the Light of the Reforms of the Hungarian Health Care System." Central European Public Administration Review 13, no. 1 (March 25, 2015): 135–58. http://dx.doi.org/10.17573/ipar.2015.1.07.
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The priority of the national interest in the field of the health care policy is secured by the rules of the TFEU, the Charter of Fundamental Rights of the European Union and by the secondary law as well. Although several market-type and pro-competitive solutions have appeared, they can have only limited influence on the national systems. The main reasons of the limited influence of the EU regulations are the primary responsibilities of the Member States, the widely applicable public health exceptions, and the limited application of the EU competition rules. Although the national legislation is the determinative, the EU regulations on the free movement of persons and services could be applied in the field of the health care services. This principle was recognized by the landmark decisions of the Court of Justice (ECJ). The Directive 2011/24/EU is based on these principles and a limited competition has evolved. Because the competition is limited and the creation of a single European health care area has just begun, the “silent revolution” of the public service provision has a minor importance. The practice of the ECJ has been focused on the use of the cross-border services and the Member States have had a broad margin for the organisation and management of this public service. The role of the European legislation on the competition is limited in this field as well. Therefore the strong centralization of the Hungarian health system from 2011 to 2013 may be in harmony with the EU legislation, although the competition at the national level is not promoted by the reformed Hungarian rules on health care.
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De Ville, Kenneth A., and Loretta M. Kopelman. "Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy." Journal of Law, Medicine & Ethics 27, no. 4 (1999): 332–42. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01468.x.
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In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy.
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Vidalis, Takis, and Irini Kyriakaki. "Cross-border Healthcare: Directive 2011/24 and the Greek Law." European Journal of Health Law 21, no. 1 (February 13, 2014): 33–45. http://dx.doi.org/10.1163/15718093-12341304.
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Abstract The Greek legal framework on healthcare is characterized by the complexity of an immense number of laws and regulatory acts, particularly regarding the national health system. In the face front of that problem, the Directive stands as an effort (and an opportunity) to achieve a regulatory rationalization. The Law 3918/2011 established the National Organisation for Healthcare (eopyy). eopyy is the unique national contact point in the country for the purposes of the Directive, having a responsibility to ensure that the services provided by its affiliated healthcare providers meet certain quality and safety standards. Furthermore, the Greek legal system encompasses an integrated body of legislation on informed consent, privacy, and data protection, as well as an explicit reference to the ‘quality, safety and efficiency’ of medical services, and provisions related to reimbursement issues that need further regulatory specification.
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Jacobi, John V. "Parity and Difference: The Value of Parity Legislation for the Seriously Mentally Ill." American Journal of Law & Medicine 29, no. 2-3 (2003): 185–201. http://dx.doi.org/10.1017/s009885880000280x.
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Mental illness affects the health status of about one in five Americans each year. More than five percent of adult Americans have a “serious” mental illness—an illness that interferes with social functioning. About two and one-half percent have “severe and persistent” mental illness, a categorization for the most disabling forms of mental illness, such as schizophrenia and bipolar disorder. All mental illness interferes to some degree with social activities. Left untreated, serious mental illness can be disabling—disrupting family life, employment status and the ability to maintain housing. Nevertheless, privately insured people in the United States (that is, the majority of insured people in the United States) are not covered for mental health services to the same extent that they are covered for physical health services. Second-class coverage of mental health services reduces access to care for people with mental illness because cost becomes a significant barrier to service. The resulting lack of treatment fuels the disabling potential of mental illness.
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Kennedy, Roger. "Psychotherapy, child abuse and the law." Psychiatric Bulletin 13, no. 9 (September 1989): 471–76. http://dx.doi.org/10.1192/pb.13.9.471.
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Those working with families in the field of child abuse often find themselves becoming intimately involved with Family Law. Although the involvement may produce confusion and frustration in professionals untrained in the law, it may also help facilitate appropriate and effective treatment of severely disordered families. I believe not only that legal framework can help those working in the mental health field, but also that a psychotherapeutic understanding of individuals, families and groups can aid lawyers steer families more effectively and humanely through the legal process. By the term psychotherapy I mean a body of theoretical and clinical knowledge concerned with looking at people's conflicts, feelings, anxieties and reasons for actions, which includes an understanding of the unconscious processes of the mind. A psychotherapeutic approach cannot provide a substantial basis for legal theory, for the latter is heavily weighted towards the notion of the ‘reasonable’ man, whose unconscious ideas and emotions are significant only if they lead to an intention to act illegally and the carrying out of the illegal act. However, the day-to-day practice of law may perhaps be enriched by a more rigorous attempt to understand human emotions, particularly in the often emotionally painful areas of Family Law. Moreover, I suspect that there are a number of shortcomings in the current complex, sometimes muddled, way that families have to deal with the law, which the proposed new legislation (DHSS, 1987) may not address. A psychotherapeutic understanding of some of the reasons for this muddle as well as of the general issues in this field may have benefits for lawyers, mental health workers and clients.
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Harrison, Abigail, Joi Chambers, and Sheila Campbell-Forrester. "Adolescent health in the Caribbean region: insights from the Jamaican experience." International Journal of Adolescent Medicine and Health 28, no. 3 (August 1, 2016): 327–32. http://dx.doi.org/10.1515/ijamh-2016-5018.
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Abstract Adolescent health in Jamaica and the wider English-speaking Caribbean has over the past three decades advanced in achieving improved healthcare services for adolescents. The path taken to achieve success thus far is reviewed – including a historical perspective on the services offered, revision of the relevant policy and legislation frameworks, improved service delivery through education and training of relevant stakeholders and providers, improved youth participation, and sustained involvement of advocates.
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Noroozi, Mona, Ilina Singh, and Mina Fazel. "Evaluation of the minimum age for consent to mental health treatment with the minimum age of criminal responsibility in children and adolescents: a global comparison." Evidence Based Mental Health 21, no. 3 (July 19, 2018): 82–86. http://dx.doi.org/10.1136/ebmental-2018-300032.
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BackgroundIn many countries, a young person who seeks medical care is not authorised to consent to their own assessment and treatment, yet the same child can be tried for a criminal offence. The absence of child and adolescent mental health legislation in most countries exacerbates the issues young people face in independently accessing mental healthcare. Countries with existing legislation rarely define a minimum age for mental health consent (MAMHC). In stark contrast, nearly all 196 nations studied maintain legislation defining a minimum age of criminal responsibility (MACR).ObjectiveThis review highlights inconsistent developmental and legal perspectives in defined markers of competency across medical and judicial systems.MethodsA review of the MAMHC was performed and compared with MACR for the 52 countries for which policy data could be identified through publicly available sources.FindingsOnly 18% of countries maintain identifiable mental health policies specific to children’s mental health needs. Of those reviewed, only 11 nations maintained a defined MAMHC, with 7 of 11 having a MAMHC 2 years higher than the country’s legislated MACR.ConclusionsWith increasing scientific understanding of the influences on child and adolescent decision making, some investment in the evidence-base and reconciliation of the very different approaches to child and adolescent consent is needed.Clinical implicationsA more coherent approach to child and adolescent consent across disciplines could help improve the accessibility of services for young people and facilitate mental health professionals and services as well as criminal justice systems deliver optimal care.