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1

Mishra, Dr Aman, and Kamlesh Singh. "The Role of Sanatan Dharma in Indian Jurisprudence." International Journal for Research in Applied Science and Engineering Technology 11, no. 10 (October 31, 2023): 1238–43. http://dx.doi.org/10.22214/ijraset.2023.56187.

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Abstract: The article to aims to be written in the introductory approach and it intends the end of brief surveys of the Indian Jurisprudential theory. It seeks an oriental call form the development of the Hindu legal institution an examine the school of Natural Jurisprudence in comparison to the natural law. The article specifically focuses on the analysis of ancient Hindu thought to the common school of Jurisprudential issue the once which deal with the administration of the state ; the law and the rule of law and the Punishment and the Procedure
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2

Watkins, Calvert. "‘In the interstices of procedure’." Historiographia Linguistica 13, no. 1 (January 1, 1986): 27–42. http://dx.doi.org/10.1075/hl.13.1.05wat.

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Summary “Ancient law is hidden in the interstices of procedure” (Sir Henry Sumner Maine). We examine three Indo-European linguistic and cultural analogs form the sphere of legal language, each illustrating a different approach to comparative Indo-European Law. 1) structural: The forms of oath for the three non-servile castes in Hindu law, satyena, vāhānayudhaih, gobījakāñcanaih (Mn.8.113) reflect the hierarchy of Dumézil’s idéologie des trois functions. Parallels for the second and third are noted in Old Norse, Old Irish, and archaic Latin oaths. 2) lexical: Cretan Greek (peuthen), Germanic (*beudan) and Old Irish (ad-boind) agree in attesting forms of the root *bheudh- in the meaning ‘give legal notice (of), announce, proclaim.’ This meaning is inherited and part of the semantics of Indo-European active transitive *bhunédh-ti (*bhunéddhi). 3) institutional: The ‘Pecularly Roman’ opposition of res mancipi/res nec mancipi reflects a traditional hierarchy in the categories of property which is of Common Indo-European origin: large cattle, man, land. Indian law in the sanctions of false witness (Mn. 13.14–16) and Old Iranian law in the classes of contract (Vd. 4.1–4) both make reference to the identical hierarchy of the categories of property, as a traditional ‘yardstick’. By the tenets of the comparative method, these three traditional hierarchies, all equally arbitrarily within their own culture, require the postulation of a common original.
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Patni, I. Gusti Ayu Maha, I. Made Suwitra, and I. Ketut Sukadana. "Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris." Jurnal Konstruksi Hukum 1, no. 2 (October 28, 2020): 315–19. http://dx.doi.org/10.22225/jkh.2.1.2563.315-319.

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This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining
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4

Jany, Janos. "Cruelty against Leniency: The Case of Imperial Zoroastrian Criminal Law." Religions 14, no. 2 (February 3, 2023): 210. http://dx.doi.org/10.3390/rel14020210.

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The article examines the impact of Zoroastrianism on criminal law and legal theory during the reign of the Sasanian dynasty (224–651 C.E) in late Antique Persia. This was the historic period when Zoroastrianism was also the ideology of the Iranian state, which granted the Zoroastrian church extraordinary power and influence, a unique situation which is termed by the author as ‘imperial Zoroastrianism’. The first part of the paper examines how imperial Zoroastrianism evolved from previous understanding of religion and law. The second part of the paper scrutinises the Zoroastrian understanding of wrong in the light of eschatology and cosmology, and the ethical principles that follow from this very particular world view. Next, an individual section is devoted to the criminal theory of Zoroastrianism, which regards criminal punishment not as a punishment but as a means to save the soul of the offender from sufferings in Hell. With such an underlying principle in mind, the text looks for examples of cruelty and leniency in substantive criminal law and criminal procedure. This main body of the article examines contemporary legal sources and apocalyptic works. Finally, a comparison of Hindu and Islamic criminal legal theory follows the description of the Zoroastrian criminal law, highlighting astonishing similarities. Considering the results of both the analytic and the comparative methods, the author comes to the conclusion that it is not religion in itself that suppresses crimes, but rather their eschatology and cosmology: religions that are based on divine justice are less lenient toward crimes and offenders than religions in which alternative concepts like divine grace or non-violence are also operative.
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Viryasari, Putu Emma, I. Nyoman Sujana, and Putu Ayu Sriasih Wesna. "THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI." NOTARIIL Jurnal Kenotariatan 6, no. 2 (December 7, 2021): 58–64. http://dx.doi.org/10.22225/jn.6.2.2021.58-64.

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The Balinese customary law community recognizes kepurusa system; the status of boys is steady, while the status of girls changes, because women after marriage follow their husbands. On that basis, daughters in kepurusa system are never traced or taken into account in inheritance. The purpose of this study is to examine the legal status and the legal position of mulih daha woman in Penarungan Village, Mengwi, Badung, Bali. The method used in this study is an empirical method. Furthermore, this study was carried out by means of field studies, namely by conducting field observations and interviews with respondents and informants. Based on the analysis, the results of this study showed that the legal status of mulih daha woman is received through a procedure with acceptance by the family on a scale and a niskala ceremony is carried out, namely arranging piuning or notification to the ancestral gods that with a divorce from her husband, her daughter has returned to her parents and ask to be accepted back as a damuh or part of her parents' ancestral family so that she can be held accountable again one day when the woman experiences something related to banjar. The legal position of mulih daha women in inheritance is related to the kinship system adopted by the Hindu community in Bali, namely the patrilineal system (fatherhood) where only boys have the right to inherit while girls have no right to inherit but girls can only enjoy the property.
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6

Koshy, RM, EG Kane, and C. Grocock. "A review of the use of biological mesh products in modern UK surgical practice: a religious and cultural perspective." Annals of The Royal College of Surgeons of England 102, no. 8 (October 2020): 566–70. http://dx.doi.org/10.1308/rcsann.2020.0114.

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Introduction The UK is an increasingly multicultural society. This change coincides with an increasing use of animal products in medicine and surgery and a change in the UK law of consent. The refusal of Jehovah’s Witnesses to accept blood products is well known, but the use of animal products in surgery is a neglected topic. As society becomes more diverse and medicine becomes ever more advanced, there is increasing potential for a mismatch between what is medically possible and what is acceptable from a religious perspective. Methods Surgical products were identified by searching the literature and contacting manufacturing companies. Literature was identified by using PubMed and OVID (MEDLINE). Religious views were established by contacting national bodies for each group. Findings The views of common UK religious groups and the constituent parts of biological meshes are summarised in tables intended to be used as a reference during clinical practice. On an elective basis, the Islamic, Hindu. Sikh and Jain leaders contacted had strong views on avoiding animal derived products. The Christian and Jewish leaders contacted did not. All religious leaders contacted accepted the use of mesh derived from human tissue. All products, including those of porcine and bovine origin, were acceptable to all leaders contacted if the procedure was performed to save life. The highlighting of this issue should prompt earlier consideration and discussion in the surgical planning and the consenting process with all final decisions taken by both the surgeon and the individual patient.
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Astutik, Yeni, and Anjar Sri Ciptorukmi Nugraheni. "PENGGANTIAN KELAMIN BAGI TRANSEKSUAL DAN AKIBAT HUKUMNYA TERHADAP KEABSAHAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN." Jurnal Privat Law 8, no. 2 (December 2, 2020): 331. http://dx.doi.org/10.20961/privat.v8i2.48428.

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<p>Abstract<br />This article aims to examine the ratification of changes in legal status and gender replacement procedures in population documents for transsexuals in Indonesia, as well as the legality of marriages for transsexuals in terms of Law Number 1 of 1974 concerning Marriage. The research method used is a type of normative legal research, with a qualitative approach. The legal materials used are primary and secondary legal materials, with data collection techniques used are literature study or document study techniques. Based on the results of the study, it was concluded that in Indonesia there are no specific rules regarding sex change, but for judges they cannot refuse a case because the law does not exist or is unclear. Regarding the procedure for changing sexes in population documents regulated in Act Number 23 of 2006 concerning Population Administration and Presidential Regulation of the Republic of Indonesia Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration. Then regarding the validity of marriage for transsexuals, from the six religions recognized by the government as the official religion in Indonesia, namely Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism, do not legalize a marriage carried out by parties, one of whom is a transsexual who has gone through Sex Reassignment Surgery. <br />Keywords: Sex Reassignment; Transsexual; Legality of Marriage.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji pengesahan perubahan status hukum dan prosedur penggantian jenis kelamin di dokumen kependudukan bagi transeksual di Indonesia, serta keabsahan perkawinan bagi transeksual ditinjau dari Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan. Metode penelitian yang digunakan adalah jenis penelitian hukum normatif, dengan pendekatan kualitatif. Bahan hukum yang digunakan adalah bahan hukum primer dan sekunder, dengan teknik pengumpulan data yang digunakan adalah teknik studi kepustakaan atau studi dokumen. Berdasarkan hasil penelitian, disimpulkan bahwa di Indonesia belum ada aturan khusus mengenai penggantian jenis kelamin, namun bagi hakim tidak boleh menolak suatu perkara karena Undang-Undang tidak ada atau tidak jelas. Mengenai prosedur penggantian jenis kelamin di dokumen kependudukan diatur dalam Undang- Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan dan Peraturan Presiden Republik Indonesia Nomor 25 Tahun 2008 tentang Persyaratan dan Tata Cara Pendaftaran Penduduk dan Pencatatan Sipil. Kemudian mengenai keabsahan perkawinan bagi transeksual, dari keenam agama yang diakui pemerintah sebagai agama resmi di Indonesia yaitu Islam, Kristen, Katolik, Hindu, Buddha, dan Khonghucu, tidak mensahkan suatu perkawinan yang dilaksanakan oleh para pihak yang salah satunya seorang transeksual yang telah melalui operasi penggantian kelamin.<br />Kata Kunci: Penggantian Kelamin; Transeksual; Keabsahan Perkawinan.</p>
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8

Chatterjee, Moyukh. "Against the Witness: Hindu Nationalism and the Law in India." Law, Culture and the Humanities 15, no. 1 (April 8, 2016): 172–89. http://dx.doi.org/10.1177/1743872116643693.

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In the aftermath of anti-Muslim violence in Gujarat, India, in 2002, NGOs and activists encouraged survivors to testify against Hindu perpetrators in court. Through an ethnographic analysis of a criminal trial in the lower courts of Ahmedabad, I show how state officials and perpetrators used legal procedures to transform Muslim survivors into unreliable witnesses in the courtroom. These formal and informal techniques to destabilize Muslim witnesses are best understood not as byproducts of the law’s failure to address mass violence, but as a legal performance of Hindu supremacy. Procedural and positivistic approaches to the rule of law failed to address the law as a performance embedded in the context of Hindu nationalism in Gujarat. Not only do such trials discredit witnesses of mass violence, but they also give a legal form to the subordinate status of religious minorities within a majoritarian political regime.
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9

Nazarkulova, Nodira Bakhtiyor kizi. "PECULIARITIES OF FAMILY LAW IN THE CHOSON KINGDOM." Journal of Central Asian Social Research 01, no. 01 (August 29, 2020): 118–23. http://dx.doi.org/10.37547/jcass/volume01issue01-a13.

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All religions have a system of rules governing the family. In Islam, family law is called odat, and women's rights are strictly protected, while in Hinduism, books describing Hindu religions such as the Arthashastra and the Dharmashastra show that there is a system of rules that encourages a woman to obey her husband in any situation. This article focuses on family law in Korea during the Choson Dynasty, examining the impact of Confucianism on family procedures and its main differences from Buddhism, as well as issues related to divorce.
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Ambarnuari, Mery, and Hari Harsananda. "Boneka Arwah (Spirit Doll) Perspektif Agama Hindu." Sphatika: Jurnal Teologi 13, no. 1 (March 1, 2022): 39–49. http://dx.doi.org/10.25078/sphatika.v13i1.1120.

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Spirit dolls are dolls that are intentionally made to be infiltrated by the spirits of people who have died. These dolls are then marketed by agents to be adopted and treated like living humans. The culture of adopting this spirit doll started in Thailand around 2014, which then spread to Indonesia. The spirit doll reminds us of the essence of every belief in the world, namely the belief in animism and dynamism. Hinduism has the concept of reviving the spirit of statues or buildings which is similar to filling the spirits of spirit dolls but essentially has a difference in the procedures and objectives. Spirit dolls are filled with the spirits of people who have died, while in Hinduism the ceremony is aimed at purifying statues and buildings to make them habitable and worthy of worshiping God. Hindus should not adopt the spirit doll because there is no study of Hindu law that legalizes the adoption, besides the purpose of this adoption is contradiction to the catur purusa artha.
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11

Istri Agung, I. Gusti Agung, Ni Ketut Kantriani, and Ni Made Ramiati. "Nyeburin Marriage Ceremony in Accordance with Balinese Customary Law in Mas Traditional Village." Jurnal Penelitian Agama Hindu 8, no. 2 (April 17, 2024): 171–81. http://dx.doi.org/10.37329/jpah.v8i2.2745.

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The position of sons is critical in customary law societies in Bali. This is related to the belief in the community that if there is no son, there will be no one to carry out customary and religious obligations in a Hindu family. Facing this situation, Balinese customary law combined with Hindu law offers a solution by elevating the status of girls to purusa status, allowing them to have the same rights and responsibilities as boys. The purpose of this study is to describe the Nyeburin marriage ceremony according to Balinese customary law in Mas traditional village. This type of research is qualitative with a phenomenological approach. This research was conducted in Desa Adat Mas. This research uses qualitative data sourced from primary and secondary data. Determination of informants was determined by purposive sampling. The data collection techniques used were observation, interview, literature, and document study. This research used data analysis techniques: data reduction, data presentation, and conclusion drawing. The findings of this study are that Nyeburin marriage has a change in status; namely, the wife has purusa status (male status), so it has consequences for the procedures for implementing marriage, the position of the husband, and the offspring obtained. In Nyeburin marriage, the implementation is also carried out at the purusa residence, which, in this case, is the bride's house. Furthermore, the husband will follow or enter the wife's family environment and legally break away from the bonds of family origin.
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Kantriani, Ni Ketut, and Ida Bagus Sudarma Putra. "HARMONISASI HUKUM PENGANGKATAN ANAK DALAM DESA ADAT DI BALI (SUATU KAJIAN PLURALISME HUKUM)." VYAVAHARA DUTA 16, no. 2 (September 29, 2021): 172. http://dx.doi.org/10.25078/vd.v16i2.2910.

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<p><em>Offspring is expected in marriage, in Hinduism the purpose of marriage, namely in the book of Manawa Dharmasastra, mentioned that praja (giving birth to offspring). But in reality in marriage not all the wishes that are expected will be achieved. In Bali marriages that do not have children generally perform the rapture of children. According to Balinese customary law the removal of children is generally a child who is raised from the purusha line (from the male lineage), the purpose of the child's rapture is to continue the offspring, responsibility in the form of rights and obligations. The appointment of children for a Hindu married couple who are Balinese,</em> <em>Then the implementation of the child appointment process should follow the provisions of Hindu law, then Balinese customary law (awig-awig and pararem) that applies in each customary village in addition to also still referring to the process of child adoption procedures that have been regulated in the applicable legislation in Indonesia. Based on this background, the issues discussed can be formulated as follows: 1. How to regulate the shahnya rapture of children according to customary law, Hinduism and National Law. 2. How the process of carrying out the appointment of children in indigenous villages in Bali is studied from legal pluralism. concepts: harmonization of law, adoption of children, pluralism of law, theory using legal pluralism (John Griffiths) and living law theory (Eugene Ehrlich), type of empirical legal research, descriptive nature of research, type of data qualitative and sourced from primary data and secondary data, using methods of data collection, obsenvation, interview, and literature. Determination of informants using non probability sampling, the instrument used by mobile phones, management and qualitative and systematic descriptive analysis. The results of research 1) The regulation of the shahnya child appointment can be seen from 3 legal bases, namely national law, customary law, and religious law. 2) In the process of carrying out the adoption of children in indigenous villages in Bali on the point of view of legal pluralism, namely the combination of three basic legal rules, including national law, customary law (awig-awig and pararem), and religious law (Hindu law), where the three legal bases run simultaneously in the implementation of child adoption in harmony, and balance, so as to create a harmony of law in the implementation of child appointment in indigenous villages in Bali</em></p><p><strong>Keywords</strong>: <em>Harmonization of the Law, Adoption of the Child, Pluralism of Law</em></p><p> </p>
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Raja Fawad Ali and Syeda Hira Waqar. "Evolution Of Law & Ways to Improve Biased Law System in Pakistan." International Journal of Emerging Multidisciplinaries: Social Science 1, no. 1 (September 20, 2022): 1–6. http://dx.doi.org/10.54938/ijemdss.2022.01.1.126.

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Every citizen has a fundamental right to justice. The judicial system is essential for fostering harmony and peace in society. Examining how the law, legal procedures, and transitional justice have changed through time is the focus of this work. Around the turn of the 20th century, the idea of legal development saw a renaissance and is still present in many contemporary theories. Theories of the development of law use a variety of methodologies and include elements from philosophical, social, and historical viewpoints. The viewpoints of different legal scholars on how the law is applied to describe a trend in legal evolution are discussed. This work also analyses the discriminatory, historical legal, and practical issues related to the application of the law in Pakistan. The history of Pakistan's legal system may be traced back to various occurrences in the subcontinent's Hindu, Muslim, and English eras. Pakistan is an Islamic nation, but it continues to uphold the outdated British-provided law and has legal gaps. To enhance the legal system and bring justice to everyone at their doorstep, this research paper will examine the fundamental problems, their causes, and potential solutions. We are unable to meet the new difficulties facing the judiciary without them. We cannot discount the importance of judges in determining what constitutes social fairness. By implementing new advances and the judiciary's or law commissions' recommendations, we may strengthen our legal system.
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Sudarma, I. Wayan, I. Nengah Duija, and I. Putu Gede Parmajaya. "NILAI DIDAKTIS SUMPAH HARI CANDANI SEBAGAI SUMPAH PEMUTUS DALAM PERKARA PERDATA (STUDI KASUS DI PENGADILAN NEGERI GIANYAR)." Maha Widya Bhuwana: Jurnal Pendidikan, Agama dan Budaya 5, no. 2 (December 4, 2022): 157. http://dx.doi.org/10.55115/bhuwana.v5i2.2333.

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This study is about how the didactic values contained in the implementation of the Candani Day oath as the Breaking Oath in a civil case at the Gianyar District Court Number: 148/Pdt.G/2016/PN.Gin., dated 18 November 2016. submitted before and for disputes, the second party to the dispute decides to take the Candani Day oath or the Cor Oath at Ulun Kulkul Besakih Temple, Karangasem. The method used in this research is descriptive qualitative with a naturalistic approach of a case study (case study) design of a single case study design (single case study). This research data collection technique is a technique; observations, unstructured interviews, literature studies and document studies which were then analyzed by data analysis techniques using the Miles and Huberman model. This research was conducted before checking the validity of the conclusion data from source triangulation and technical triangulation. The results of this study show that Hari Candani's oath as a severing oath in civil cases at the Gianyar District Court is carried out according to the Hindu religion and according to the procedures (traditions) of the Balinese indigenous people. The implementation of the oath functions as: 1) honesty education, 2) sportsmanship education, 3) increasing sraddha and devotion of Hindus, 4) education for justice and legal certainty and, 5) the role of religion for justice and legal certainty. Meanwhile, the didactic value of Hari Candani's oath as a severing oath in civil cases is; 1) divinity values, 2) moral values (decency), 3) the value of justice before the law and, 4) the value of legal certainty.Keywords: Candani Day Oath, Breaking Oath in the Civil Code, Didactic Values
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Diverio, S., P. J. Goddard, and I. J. Gordon. "Physiological responses of farmed red deer to management practices and their modulation by long-acting neuroleptics." Journal of Agricultural Science 126, no. 2 (March 1996): 211–20. http://dx.doi.org/10.1017/s0021859600073160.

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SUMMARYTwelve red deer (Cervus elaphus) hinds from a research facility in Eastern Scotland were randomly divided into two groups between June and September to study the physiological response to three management practices, given sequentially, which were expected to cause increasing levels of stress (herding; herding and handling; and herding, handling and a veterinary procedure). One group of animals received a long-acting neuroleptic (LAN; perphenazine enanthate and zuclopenthixol acetate) on three occasions at 4-week intervals. Automatic blood sampling equipment (ABSE) was used to obtain blood samples remotely before, during and after the application of each of the stressors. The plasma concentrations of cortisol, creatine phosphokinase (CPK), aspartate aminotransferase (AST), total protein (TP), 3,5,3'-triiodothyronine (T3), thyroxine (T4) and testosterone (T) were measured and heart rates recorded. The ABSE provided a useful means of collecting blood samples without the superimposition of stress factors associated with conventional sampling. Increases in plasma concentrations of cortisol (P<0·01), CPK (P<0·01) and AST (P<0·05) were observed in all animals in response to all three management practices. There were smaller increases in plasma cortisol concentration (P<0·05) in those animals treated with LAN. The results suggested a degree of habituation of the hinds to some procedures common to all treatments, in agreement with previous analysis of the behavioual response of these animals. Peaks of heart rate were recorded over the 30-min period stressors were applied. Higher heart rates and T3 and T4 concentrations were observed in LAN-treated animals. Heart rates returned to baseline more rapidly in the LAN-treated animals. Higher plasma concentrations of testosterone were recorded in the first week of the study (P<0·001). Physiological and behavioural evidence supports the view that LANs are effective long-term tranquillizers in red deer.
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Nisa, Nurulia Shalehatun. "Tinjauan Fiqh ‘Urf Terhadap Praktik Perjanjian Perkawinan (Studi Empiris Adat Dayak Ngajudi Kota Palangka Raya)." ASASI: Journal of Islamic Family Law 2, no. 2 (April 20, 2022): 222–33. http://dx.doi.org/10.36420/asasi.v2i2.195.

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Marriage agreements in Indonesia are regulated in the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and Law Number 1 of 1974 concerning Marriage (Marriage Law) jo. Decision of the Constitutional Court Number 69/PUU-XIII/2015 so that the marriage agreement is legal and lawful. The marriage agreement in the Dayak Ngaju indigenous people is called a symbol. Perlambang is one of a series of traditional Dayak Ngaju marriage procedures. This paper aims to analyze the practice of marriage agreements that grow and live to become a culture of the Dayak Ngaju indigenous people in Palangka Raya City when viewed from the point of view of 'Urf. This writing is the result of research qualitative or empirical studies.The marriage agreement made to the Ngaju Dayak indigenous people has an important role, even though it is part of a series of traditional marriage rituals which in fact originates from the Hindu Kaharingan religion, but in its journey along with the introduction of Islam among the people, it has experienced various adaptations and adjustments to Islamic beliefs. . So that in practice, marriage agreements in the Dayak Ngaju customary community can still be carried out and benefited even by people who are Muslim.
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Bhattarai, Lokindra Hari. "Shifting of Governance and Justice: A Reference of Nepal." Molung Educational Frontier 10 (December 31, 2020): 121–33. http://dx.doi.org/10.3126/mef.v10i0.34078.

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Governance is the exercise of the political, economic, social, and administrative authority to manage the nation’s affairs. Power and justice strengthen systems to support human rights, peace, unity, democracy in the country. The governance system in Nepal since the ancient period of Kirats, Lichhavis, Mallaslaid in Hindu Religion, Ved, Mundhum, Shmritis, Manab Nyayasastra, and order of the Kings. At the beginning of the modern period, after the unification of modern Nepal from Shahs, Ranas, Panchayat till the youngest republican democratic state, justice and governance make the Nepalese authority more accountable, transparent, inclusive, efficient, and participative. From the ancient to the modern times, governance emphasizes interactions between state, and social actors and among people representative themselves. Shift from Dharmasastra to judiciary and other ADR procedures since the ancient to the modern period are/ were the primary methods to govern the state. The paper aims at presenting several dimensions to analyze paradigm shift of governance and justice system from ancient period till dates where the journey from Dharmasastra to the rule of law, independent judiciary, and people’s supremacy. It highlights justice delivery in Nepal, which has slowly and gradually integrated into a centrally administered national judicial system.
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Baranková, K., L. N. Rassmussen, and H. C. Wilderjans. "Long-term outcome of arthrodesis of the proximal interphalangeal joint in two adult warmblood horses using a locking compression plate and four lag screws." Vlaams Diergeneeskundig Tijdschrift 88, no. 4 (August 30, 2019): 207–2018. http://dx.doi.org/10.21825/vdt.v88i4.16010.

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Two adult warmblood horses with a history of chronic hind limb lameness originating from the proximal interphalangeal joint (PIPJ) were presented at the equine hospital De Bosdreef (Belgium) between 2016 and 2017. Based on the case history and orthopedic examination, chronic osteoarthrosis (OA) of the PIPJ was diagnosed in both horses. A modified surgical arthrodesis of the PIPJ was performed using a central dorsal three-hole proximal interphalangeal locking compression plate (PIP plate) and four 5.5 mm transarticular cortical screws placed in a lag fashion (TCS-LF). The procedure resulted in an early bone bridging of the PIPJ and a return of the horses to the intended use within ten months after the surgery.
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Toppo, Ravina, and Sweta Sinha. "Identifying acoustic cues for dialect profiling: Policing in multilingual communities of India." Indonesian Journal of Applied Linguistics 12, no. 2 (September 30, 2022): 521–32. http://dx.doi.org/10.17509/ijal.v12i2.43179.

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A multilingual country such as India with numerous languages and dialects provides fertile grounds for evasive language crimes. From threat letters to ransom demands, the scope of crime is huge. The cases of illegal immigrants have only added to the fragility of international boundaries especially, during political upheavals. This leads to further vulnerability of society and also creates challenges for the police and law enforcement agencies towards timely intervention. The purpose of the study is to exhibit dialectal variation in Indian English by comparing two varieties. The current paper is based on the acoustic analysis of Indian English spoken by two distinct groups with different mother tongues. Ten native speakers of Hindi and Bangla were recorded in an anechoic chamber. A phonetically balanced passage was selected to be read. The analysis is based on Native Language Influence Detection (Perkins Grant, 2018) to derive acoustic phonetic correlates that can be used as significant identifying markers to distinguish Indian English speakers of Bangla and Hindi speech communities. The paper highlights that dialect profiling in the Indian context can be efficiently correlated with formant frequencies and Voice Onset Time for speech data. Acoustic analysis was done on PRAAT. PRAAT was used in this study because it has often been used by other similar studies to measure desired acoustic parameters simultaneously. Formant frequencies were measured at the midpoint of the vowels in the PRAAT using the LPC formant measurement algorithm. The normalization procedure was applied to the measured formant frequencies of vowels. The research affirms that acoustic analysis can provide verifiable cues for NLID. The framework can be used in the detection of native language influence in speech-centric criminal cases. The acoustic analysis shows that Indian English has subvarieties that could help in dialect profiling. The variation in Indian English vowel patterns could be due to the influence of the native language of the speakers.
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20

Ortega-Casanova, Joaquin, and Ramon Fernandez-Feria. "Maximum propulsive efficiency of two pitching and plunging plates in tandem at low Reynolds number." International Journal of Numerical Methods for Heat & Fluid Flow 29, no. 11 (November 4, 2019): 4013–33. http://dx.doi.org/10.1108/hff-04-2018-0151.

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Purpose This paper aims to consider the thrust force generated by two plunging and pitching plates in a tandem configuration in forward flight to find out the configuration that maximizes the propulsive efficiency with high-enough time-averaged lift force. Design/methodology/approach To that end, the Navier–Stokes equations for the incompressible and two-dimensional flow at Reynolds number $500 are solved. As the number of parameters is quite large, the case of constant separation between the plates (half their chord length), varying seven non-dimensional parameters related to the phase shift between the heaving motion of the foils, the phase lag between pitch and heave of each plate independently and the frequency and amplitude of the heaving and pitching motions are considered. This analysis complements some other recent studies where the separation between the foils has been used as one of the main control parameters. Findings It is found that the propulsive efficiency is maximized for a phase shift of 180° (counterstroking), when the reduced frequency is 2.2 and the Strouhal number based on half the plunging amplitude is 0.17, the pitching amplitude is 25° and when pitch leads heave by 135° in both the fore -plate and the hind plate. The propulsive efficiency is about 20 per cent, just a bit larger than that of an isolate plate with the same motion as the fore-plate, but the corresponding lift force is negligible for a single plate. The paper discusses this vortical flow structure in relation to other less efficient ones. Finally, the effect of the separation between the plates and the Reynolds number is also briefly discussed. Originality/value The kinematics of two flapping plates in tandem configuration that maximizes the propulsive efficiency are characterized discussing physically the associated vortical flow structures in comparison with less efficient kinematic configurations. A much larger number of parameters in the optimization procedure than in previous related works is considered.
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21

Tripathi, Harish. "Justice System and Legal System in the Maurya Empire." RESEARCH HUB International Multidisciplinary Research Journal 10, no. 4 (April 30, 2023): 31–38. http://dx.doi.org/10.53573/rhimrj.2023.v10n04.005.

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In this research paper, while critically studying the judicial system and legal system in the Maurya Empire, I have presented its introduction, judicial system and legal system. This study explores the judicial system and legal structure in the Maurya Empire, an ancient Indian empire that existed from 322 BCE to 185 BCE. The Maurya Empire had a well-established system of justice and an extensive legal framework, which played an important role in maintaining social order and governance. Through an examination of historical sources including the concept of "Sambhita" or "Samhita" and the influence of Dharma Shastra, this research sheds light on the sources of law in the empire. Additionally, it delves into the organization and functionaries of the judiciary, legal procedures and practices, and the criminal justice system prevalent during the Maurya era. The study also explores civil law and dispute resolution mechanisms, highlighting the importance of property rights, contracts and alternative methods of conflict resolution. In addition, it analyzes the social and legal reforms initiated by Emperor Ashoka, which aimed to promote moral principles and social justice. By examining the legacy and influence of the Maurya legal system, this research provides insight into the continuity and change of legal traditions in India and provides lessons for contemporary legal systems. Overall, this study contributes to a deeper understanding of the judicial system and legal framework in the Maurya Empire and its importance in shaping ancient Indian society and governance. Abstract in Hindi Language: इस शोध पत्र में मैंने मौर्य साम्राज्य में न्याय प्रणाली और कानूनी व्यवस्था का विवेचनात्मक अध्ययन करते हुए इसकी प्रस्तावना, न्याय प्रणाली और कानूनी व्यवस्था के बारे प्रस्तुत किया है। यह अध्ययन 322 ईसा पूर्व से 185 ईसा पूर्व तक मौजूद एक प्राचीन भारतीय साम्राज्य मौर्य साम्राज्य में न्यायिक प्रणाली और कानूनी संरचना की पड़ताल करता है। मौर्य साम्राज्य में न्याय की एक सुस्थापित प्रणाली और एक व्यापक कानूनी ढांचा था, जिसने सामाजिक व्यवस्था और शासन को बनाए रखने में महत्वपूर्ण भूमिका निभाई। ’’संभिता’’ या ’’संहिता’’की अवधारणा और धर्म शास्त्र के प्रभाव सहित ऐतिहासिक स्रोतों की एक परीक्षा के माध्यम से, यह शोध साम्राज्य में कानून के स्रोतों पर प्रकाश डालता है। इसके अतिरिक्त, यह न्यायपालिका के संगठन और पदाधिकारियों, कानूनी प्रक्रियाओं और प्रथाओं, और मौर्य युग के दौरान प्रचलित आपराधिक न्याय प्रणाली में तल्लीन है। अध्ययन नागरिक कानून और विवाद समाधान तंत्र की भी पड़ताल करता है, संपत्ति के अधिकारों, अनुबंधों और संघर्ष समाधान के वैकल्पिक तरीकों के महत्व पर प्रकाश डालता है। इसके अलावा, यह सम्राट अशोक द्वारा शुरू किए गए सामाजिक और कानूनी सुधारों का विश्लेषण करता है, जिसका उद्देश्य नैतिक सिद्धांतों और सामाजिक न्याय को बढ़ावा देना था। मौर्य न्याय प्रणाली की विरासत और प्रभाव की जांच करके, यह शोध भारत में कानूनी परंपराओं की निरंतरता और परिवर्तन में अंतर्दृष्टि प्रदान करता है और समकालीन कानूनी प्रणालियों के लिए सबक प्रदान करता है। कुल मिलाकर, यह अध्ययन मौर्य साम्राज्य में न्यायिक प्रणाली और कानूनी ढांचे की गहरी समझ और प्राचीन भारतीय समाज और शासन को आकार देने में इसके महत्व को समझने में योगदान देता है। Keywords: नैतिक सिद्धांत, निरंतरता, संपत्ति के अधिकार, न्यायिक प्रणाली और कानूनी संरचना
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22

Abdullah, Raad M., Mohammed A. Othman, and Siraj M. Abdullah. "Treatment of Oil Well Drill Cuttings Utilizing Different Binder Options." Science Journal of University of Zakho 10, no. 3 (August 24, 2022): 140–46. http://dx.doi.org/10.25271/sjuoz.2022.10.3.945.

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A lab-scale treatability experiment was conducted on oil well drill cuttings (waste generated during petroleum exploration) using two different binders (Portland Cement and Lime) as a Solidification and Stabilization S/S agent. Seven ratios for each binder to waste (Drill cuttings) have been separately prepared (0.25:10, 0.5:10, 1:10, 2:10, 3:10, 4:10, 5:10) in which effects for each ratio and curing time (90 days) have been investigated on pH, chloride, and leachate for heavy metals (Ba, Pb, Cd, Ag, and Cr) through Toxicity Characteristic Leaching Procedure (TCLP). Results presented that the leaching of heavy metals (Ba, Cd, Cr, and Ag) was under the US EPA TCLP limit for all ratios with both binders. However, the Pb for the ratios of 0.25:10, 0.5:10, 2:10, and 3:10 for the cement-treated drill cuttings and 0.25:10 and 0.5:10 for the lime-treated drill cuttings have exceeded the proposed limit by the US EPA TCLP limit. Chloride also failed to meet the Nigerian chloride limit for drill cutting with the ratios 0.25:10, 0.5:10, 1:10, and 2:10 for both binders; meanwhile, the chloride concentrations were under the same limit within the ratios 3:10, 4:10, and 5:10. The overall results indicated that the binder options had affected the S/S product. Furthermore, the ratios of 1:10 and 2:10 had better performance considering the weight of the binders used for both options. The ratios of 4:10 and 5:10 had also performed well, but due to the significant quantities of the binders used, these ratios will not be considered economically feasible. The present investigation demonstrated that both binders could be used and relied on as an S/S agent aiming at treating drill cuttings. TRANSLATE with x English Arabic Hebrew Polish Bulgarian Hindi Portuguese Catalan Hmong Daw Romanian Chinese Simplified Hungarian Russian Chinese Traditional Indonesian Slovak Czech Italian Slovenian Danish Japanese Spanish Dutch Klingon Swedish English Korean Thai Estonian Latvian Turkish Finnish Lithuanian Ukrainian French Malay Urdu German Maltese Vietnamese Greek Norwegian Welsh Haitian Creole Persian TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster Portal Back
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23

Llamanzares, Teodoro P. "On Shoulders of Giants: A Message from an Elder Fellow to New Diplomates." Philippine Journal of Otolaryngology-Head and Neck Surgery 31, no. 2 (November 12, 2018): 6–7. http://dx.doi.org/10.32412/pjohns.v31i2.217.

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Magandang Gabi po sa inyong lahat lalo na sa mga bagong specialista (o Diplomate) ng ating samahang PBO-HNS na pinararangalan natin ngayon; Ganuon din sa kanilang mga kabiyak, at mga magulang, mga marangal nating panauhin at syempre sa mga dati kong kasama sa PSO at PBO-HNS. Itong samahang ito ang hindi tumitigil na paunlarin ang mga patakaran ng Society at para ang ENT Diplomate ay maging tunay na specialist at hindi “ispecialista daw.” For the single ones among you, let’s give your parents special citation for having sacrificed not only once during your medical student days but twice-during your residency days. Their encouragement and material aid are phenomenal. Likewise to those married, your spouses either had a more challenging housewife’s role or became “house bands” during your busy training days. So in this talk of mine which you may consider “unsolicited advice,” I will mention some idealistic-- even bordering on the philosophical -- reminders of some of our pillars in the specialty and my own experience as a budding practitioner. Also my personal pitfalls and how to possibly solve them. After all, when we reach our sunset years, we can discuss such topics ad infinitum. Success in your practice is more or less guaranteed. After all, our specialty is still relatively young and in demand and our membership is still wanting in proportion to the needs of a 100-million population. I still have to see an ENT practitioner unhappy in his chosen field. The only factor that may be unfavourable is your questionable attitude towards your patient, your colleagues in the profession and the hospital administrators in the institution where you belong. In an article by the multi-awarded neurotologist Dr. Michael Glasscock entitled “The Lost Art of Medicine,”1 he enumerated the basic principles of the time-honored physician-patient relationship which are: “The Science of Medicine” which you have just endured by passing the board so I will not elaborate on it. “The Art of Medicine” which is multifaceted approach to patient care that takes into consideration the patient’s emotional as well as his physical well-being. I remember a patient, my own cousin, who fainted in front of me when he learned from the histopath that he had cancer. I miscalculated his intelligence against his anxiety, which brings me to the next topic; “The Art of Full Disclosure” a most important aspect of good patient care is keeping the patient fully informed. A well-informed patient is an understanding patient who may think twice or more before suing you after a surgical complication, because you have explained that possibility to him. A DVD or disc on the surgical procedure, showing its advantages, indications, and possible complications can be a good source of informed consent. An anatomic picture in your laptop can explain the pathophysiology and help prevent problems in the lifestyle of -- let’s say-- a chronically allergic patient. “The Art of Listening” studies have shown that during the initial interview an average doctor interrupts the patient’s story within 17-20 seconds. This frustrates the patient. True, the patient can be a poor historian so you can prompt him-- but not to the point of leading the story. Remember 40 to even 60% of his story can be the source of the diagnosis. “The Art of Compassion” Postoperatively make rounds twice a day and even more if the case is a difficult one. This lets the patient and family know that you are on top of the situation and are concerned about their well-being. A secure physician will suggest a second opinion before the patient and/or family ask for one.1 And again will not even consider a malpractice suit if a complication happens. Those are the emotionally-charged problems you may encounter. So it’s not only the 3A’s of malpractice, namely Ability, Availability, Acceptability that can ensure success. Maybe add 2 more – Accessibility and Affordability for obvious reasons, when inefficiency is very palpable, such as in this unfortunate place known as Metro Manila with its horrendous traffic and other problems. There is a clamour for the next president to create a “department of common sense.” As to affordability, you may be the best ENT doctor but if your PF is preposterous, that will be a definite turn-off for the patient. Here are few reminders for a starter: Recruit a “smiling staff” from the secretary in the reception room, your clinic nurse and/or clinic assistant. Nothing can be a better welcome scene for a sick, depressed patient than a smiling, assuring face. Be always on time as posted. Working patients have to rush back to work and get disappointed with errant doctors, and seek one who is available. A few red flags in practice: Beware of a secretary who may be a cheat, charging your pro bono patients without your knowledge and pocketing the money. A colleague who captures “walk-in” patients by socializing with personnel from the admitting section, OPD-ER nurses and residents. No wonder inspite of “on call” scheduling you never received any patient from these departments. These events really happen. One of the fastest ways for a quick fix to accumulate patients is to join HMO’s. Financial returns may not be as great as private patients but in the long run an HMO-satisfied patient is eventually your recruiter of his relatives and friends. Some downsides on joining HMO’s: Controlling your work-ups such as by refusing necessary, thorough, but expensive requests. Delayed payments. Defining what is pre-existing illness. In this day and age of social media, here are some do’s and don’ts: Never refuse an invitation to TV forums. During my time the two popular ones were: “Kapwa Ko, Mahal Ko” and “Damayan.” I was invited a few times to guest in these fora. As a result, my telephone lines became busy answering calls about my schedule. I felt like a superstar. The availability of information about your practice at a click of a mouse will allow you to reduce your marketing budgets. You can even create your own website or thru the services of facebook, twitter, etc. As long as your statements in your ads are not false, misleading and deceptive you can’t go wrong. Some examples of false statements: Statements of ability to do subspecialty procedures where in fact he did it with a “ghost surgeon.” Has had fellowship in a well-known medical center abroad but actually spent just a few days of observation. Example of deceptive claims: - paid testimonials by prominent patients about his greatness. Still some other tricks of the trade: Practice in the provinces where you grew up. People there are very familiar with you, a returning professional, who will appreciate your humanitarian services. You will be the pride of your family. A very rewarding feeling indeed. Accept speaking engagements from other medical groups, and socio-civic clubs. Again, they become your sources of referral. The PhilHealth is a noble undertaking by the government for those who have less in life should have more in law. It is a law and we are all bound to abide by it. Let us not abuse it as is happening with one of the other specialties. I understand there is also an ongoing controversy between LGU’s and provincial hospitals about PhilHealth Returns. Thinking of academic medicine and research? You don’t have to be in a classroom or in the laboratory. Remember even the ancient Oath of Hippocrates mentioned this art of sharing knowledge and experience with others, when it states: “I will impart this knowledge of the art to my own sons and those of my teachers and to other disciples…”2 Teaching can also be self-serving since it forces one to study more and updated. Masama naman na mas marunong pa sayo ang estudyante mo. In closing, let me remind you about the past. While you are in a solitary moment savouring the thought of your enormous professional success, please remember the toils, the sacrifices, the idealism of the “heroic nine” who founded our specialty society, and the Board and the subsequent leaders who nourished it. Don’t forget your Department Chairmen, Training Officers and Consultant staff who shared their time and expertise with you. They are part and parcel of your success. So there goes the remark of a French philosopher, Bernard De Charter: “We are like dwarfs seated on giants shoulders. If we can see far, it’s not because we are tall but because we are seated on giant’s shoulders.”3 And most of these giants are with us tonight and they are all very proud of you. Good evening and thank you for the pleasure of sharing these ideas with you today.
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24

Rohayati, Yeti, and Diani Indah. "The Performance Of Employees Of The Bandung Civil Service Police Unit (Satpol PP) In The Implementation Of Illegal Advertising Control Insidentil And Permanent In 2020 Base On Administrative Law." Pena Justisia: Media Komunikasi dan Kajian Hukum 22, no. 3 (December 30, 2023): 374. http://dx.doi.org/10.31941/pj.v22i3.3403.

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<em>Along with the progress and development of the business world in Indonesia, especially the city of Bandung, the more advanced the establishment of billboards both isidentil and permanent. The installation of billboards is currently increasing in number and piling up without paying attention to the predetermined procedures for organizing billboards. So it is necessary to carry out supervision or control, this regulation is an obligation of the Bandung City Civil Service Police Unit (Satpol PP) as stated in the Bandung City Regional Regulation Number 02 of 2017 in Article 19 paragraph (1) Challenge the implementation of the regulation of the implementation of advertising. However, in reality, in the implementation of billboards, there are still many people who do not follow the installation procedure and not all violations of billboard organizers can be put in order by satpol PP Bandung City. The purpose of this study is to determine the performance of Satpol PP Bandung City employees in the Regulation of Billboards 2020 and to find out the supporting and inhibiting factors in the control of violations of billboard organizers in Satpol PP Bandung City. The method used in this study is a descriptive method with a qualitative type of research. This is done in the context of collecting primary data by means of observation, interviews and documentation. In addition, data collection was carried out using several book references with research themes to support previous data. The results showed that the performance of Satpol PP Bandung City Employees in the Implementation of Billboard Control has not been optimal, this is evidenced by the many violations of billboard organizers in the city of Bandung. This is due to the lack of personnel and facilities and infrastructure. The way to overcome this is that there must be additional personnel or employees of billboard control and the provision of adequate equipment to support the implementation of advertising control in the field</em><textarea id="BFI_DATA" style="width: 1px; height: 1px; display: none;"></textarea><textarea id="BFI_DATA" style="width: 1px; height: 1px; display: none;"></textarea><div class="TnITTtw-fp-collapsed-button" style="display: block;"> </div><textarea id="BFI_DATA" style="width: 1px; height: 1px; display: none;"></textarea><div class="TnITTtw-fp-collapsed-button" style="display: block;"> </div><textarea id="BFI_DATA" style="width: 1px; height: 1px; display: none;"></textarea><div id="WidgetFloaterPanels" class="LTRStyle" style="display: none; text-align: left; direction: ltr; visibility: hidden;"><div id="WidgetFloater" style="display: none;" onmouseover="Microsoft.Translator.OnMouseOverFloater()" onmouseout="Microsoft.Translator.OnMouseOutFloater()"><div id="WidgetLogoPanel"><span 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25

Rizky Sitraputra, Putu. "IMPLEMENTASI NILAI-NILAI AGAMA HINDU TERHADAP PENYELESAIAN TINDAK PIDANA ADAT DI BALI." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 4, no. 4 (December 30, 2015). http://dx.doi.org/10.24843/jmhu.2015.v04.i04.p04.

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Research on the implementation of the values ??of Hinduism to the completion of customary criminal acts in Bali. Most of the population adheres to Balinese Hinduism, daily activities always adhered to the concept of Tri Hita Karana, which in turn is continuously executed. Human relationships with others based on the nature of mind that is communal or kinship based pleh soul. To set the level of a good life together customs regulations grow and develop with imbued the values ??of Hinduism. Customary rules and formulate actions that are required, allowed or prohibited as village members must perform the obligations to the village, prohibition for people who are dirty entering the sacred area. Incestuous copulation cases which occurred in Bali only charged criminal under national law alone. Actually, should also be reviewed from the local community sector appropriate sanctions in order to satisfy the sense of justice. The values ??of Hinduism derived from Hindu law aims to balance the natural result of gross misconduct perpetrator intercourse, judicial practice provides an opportunity for the judge to impose sanctions customary in accordance with Law number 48 of 2009, which states the court in addition must contain reasons and grounds of this decision, as well must contain a specific article of the source of unwritten law that formed the basis for the judge. Hindu religious values ??in the practice of judicial consideration by the judge and the efforts made in the traditional village of indigenous criminal offense .. The method used is empirical research methods to conduct field research in which cases occur. The procedure for sampling used is purposive sampling. The data is processed and analyzed qualitatively. The results showed that the judicial practice in cases of promiscuity in state court Amlapura not consider matters relating to the values ??of Hinduism. Efforts made in the traditional village settlement gamia gamana customs offense is to apply awig awig traditional village or Paruman each indigenous villages.
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26

Sudibya, Diah Gayatri, and Kadek Richa Mulyawati. "Mesamsam Ceremony for the Validity of Divorce for the Krama of Kubu Traditional Village, Bangli District, Bali-Indonesia." International Journal of Social Science and Human Research 7, no. 02 (February 9, 2024). http://dx.doi.org/10.47191/ijsshr/v7-i02-09.

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It is human nature as social creatures that every man and woman have the instinct to love each other and need each other in all areas. As a sign that someone has entered this period, it begins with the marriage process. Marriage is a sacred event and obligation for Hindus because God has said in Manava Dharmasastra IX.96 as follows: To be a mother, women were created and to be fathers, men were created. Religious ceremonies are prescribed in the Vedas to be performed by husband and wife. Such is the importance of marriage that it can only take place after various requirements specified in State law (Law No. 16 of 2019) concerning marriage according to national law and customary law (in this case Balinese customary law), are fulfilled by a series of ceremonies for both candidates. Bride and groom with the intention that the marriage can run smoothly and last forever as a husband and wife couple. However, it cannot be denied that in marriage conflicts can arise resulting in divorce between the two parties, which of course is carried out through the district court process so that a divorce certificate will be issued. Especially in Bali, namely in Kubu Bangli Village, you cannot accept only court decisions, but there are also decisions from traditional villages, namely by carrying out the Mesamsam Ceremony to legalize the divorce. So the problem formulation emerged as to what the divorce procedure is for village manners in the Kubu Bangli Traditional Village and how legal divorce is for village manners in the Kubu Bangli Traditional Village. The method used in this research is an empirical legal research method by looking at the facts that occur in the field by synchronizing the application of positive law and customary law.
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27

Strain, Misty M., Sirima Tongkhuya, Nathan Wienandt, Farah Alsadoon, Roger Chavez, Jamar Daniels, Thomas Garza, et al. "Exploring combat stress exposure effects on burn pain in a female rodent model." BMC Neuroscience 23, no. 1 (December 6, 2022). http://dx.doi.org/10.1186/s12868-022-00759-z.

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AbstractIn the military, constant physiological and psychological stress encountered by Soldiers can lead to development of the combat and operational stress reaction (COSR), which can effect pain management. Similar effects are seen in other populations subjected to high levels of stress. Using a model of COSR, our lab recently showed that four weeks of stress prior to an injury increases pain sensitivity in male rats. With the roles of women in the military expanding and recent studies indicating sex differences in stress and pain processing, this study sought to investigate how different amounts of prior stress exposure affects thermal injury-induced mechanosensitivity in a female rat model of COSR. Adult female Sprague Dawley rats were exposed to the unpredictable combat stress (UPCS) procedure for either 2 or 4 weeks. The UPCS procedure included exposure to one stressor each day for four days. The stressors include: (1) sound stress for 30 min, (2) restraint stress for 4 h, (3) cold stress for 4 h, and (4) forced swim stress for 15 min. The order of stressors was randomized weekly. Mechanical and thermal sensitivity was tested twice weekly. After the UPCS procedure, a sub-set of rats received a thermal injury while under anesthesia. The development of mechanical allodynia and thermal hyperalgesia was examined for 14 days post-burn. UPCS exposure increased mechanosensitivity after two weeks. Interestingly, with more stress exposure, females seemed to habituate to the stress, causing the stress-induced changes in mechanosensitivity to decrease by week three of UPCS. If thermal injury induction occurred during peak stress-induced mechanosensitivity, after two weeks, this resulted in increased mechanical allodynia in the injured hind paw compared to thermal injury alone. This data indicates a susceptibility to increased nociceptive sensitization when injury is sustained at peak stress reactivity. Additionally, this data indicates a sex difference in the timing of peak stress. Post-mortem examination of the prefrontal cortex (PFC) showed altered expression of p-TrkB in 4-week stressed animals given a thermal injury, suggesting a compensatory mechanism. Future work will examine treatment options for preventing stress-induced pain to maintain the effectiveness and readiness of the Warfighter.
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Jiang, J., and J. Bischof. "Effect of Dose, Timing and Delivery of Tumor Necrosis Factor Alpha as an Adjuvant in Cryosurgery of ELT-3 Uterine Leiomyoma (Fibroid) Tumor." Journal of Medical Devices 3, no. 2 (June 1, 2009). http://dx.doi.org/10.1115/1.3147380.

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Uterine leiomyoma (fibroid or myoma) is the most common indication for hysterectomy in premenopausal women. Cryomyolysis is a uterus sparing procedure in which a myoma is frozen by a cryoprobe, thereby causing tissue necrosis upon thawing and eventual reduction in myoma size. Unfortunately, although the iceball is readily visualized (by ultrasound-US or magnetic resonance-MR), the tissue at the periphery of the iceball is not completely destroyed. One potential solution to this problem is the use of cryosurgical adjuvants that increase cryosurgical image guidance and efficacy. Previous work in our lab has shown that TNF-α (native or as the nanodrug, CYT-6091, Cytimmune Sciences, Inc.) can act synergistically with cryosurgery to destroy all prostate cancer within an iceball. Building on this work, the current study was designed to test TNF-α as an adjuvant in an in vivo model of uterine fibroid (ELT-3) in a nude mouse. The aims of this study are to characterize in vivo: 1) the destruction of the uterine fibroid over time after cryosurgery; 2) the effect of TNF-α pre-treatment on enhancement of cryosurgery; 3) the effect of TNF-α dose, pre-treatment time and mode of delivery on the above and to note any toxicities. ELT–3 rat uterine fibroid cells were grown in the hind limb of female nude mice. TNF-α at various dose (2μg and 5μg) was administered at 1, 2 and 4 hours before cryotreatment in native or CYT-6091. Native TNF-α was injected either intra-tumorally or peri-tumorally. Injecting TNF-α solution into the center of the tumor comprised the intra-tumoral approach. For peri-tumoral injection, TNF-α solution was injected at each one of eight evenly distributed points spanning the circumference of the tumor base. CYT-6091 was administered by i.v. injection only. Cryosurgery was performed with a modified 1 mm diameter cryoprobe tip (−120°C). Freezing was allowed to continue to the visible edge of the tumor. Injury was assessed by measuring tumor-growth delay. Baseline tumor size was measured on day 0; fold-changes in tumor size are reported relative to size at day 0. Toxicity was evaluated by survival rate. Groups were 4–6 animals in each group. The data suggests that pre-treatment with TNF-α before cryosurgery significantly enhances visually guided destruction of uterine leiomyoma, and that the dose, timing and mode of delivery are important variables in optimization of this combination treatment. First, it was observed that at least four hours pretreatment with TNF-α is required to obtain the synergistic effect of TNF-α and cryoinjury. Second, peri-tumoral injection of native TNF-α, was the most effective delivery method to enhance cryoinjury at low dose (2μg), however it was also the most toxic method at high dose (5μg). On the other hand, CYT-6091, although less effective than peri-tumoral injection at 2μg, was the safest delivery mode (0% lethality at 2μg; 33% at 5μg). Finally, CYT-6091 delivery at 5μg with cryosurgery resulted in a dramatic tumor growth delay compared with cryosurgery alone. Therefore, i.v. injection of CYT-6091 followed by cryosurgery allowed the highest dose of TNF-α, the least toxicity and the best overall myoma reduction. Funding: R01 CA075284, American Medical Systems, Inc. TNF-α and CYT-6091: Cytimmune Sciences, Inc.
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Bowers, Olivia, and Mifrah Hayath. "Cultural Relativity and Acceptance of Embryonic Stem Cell Research." Voices in Bioethics 10 (May 16, 2024). http://dx.doi.org/10.52214/vib.v10i.12685.

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Abstract:
Photo ID 158378414 © Eduard Muzhevskyi | Dreamstime.com ABSTRACT There is a debate about the ethical implications of using human embryos in stem cell research, which can be influenced by cultural, moral, and social values. This paper argues for an adaptable framework to accommodate diverse cultural and religious perspectives. By using an adaptive ethics model, research protections can reflect various populations and foster growth in stem cell research possibilities. INTRODUCTION Stem cell research combines biology, medicine, and technology, promising to alter health care and the understanding of human development. Yet, ethical contention exists because of individuals’ perceptions of using human embryos based on their various cultural, moral, and social values. While these disagreements concerning policy, use, and general acceptance have prompted the development of an international ethics policy, such a uniform approach can overlook the nuanced ethical landscapes between cultures. With diverse viewpoints in public health, a single global policy, especially one reflecting Western ethics or the ethics prevalent in high-income countries, is impractical. This paper argues for a culturally sensitive, adaptable framework for the use of embryonic stem cells. Stem cell policy should accommodate varying ethical viewpoints and promote an effective global dialogue. With an extension of an ethics model that can adapt to various cultures, we recommend localized guidelines that reflect the moral views of the people those guidelines serve. BACKGROUND Stem cells, characterized by their unique ability to differentiate into various cell types, enable the repair or replacement of damaged tissues. Two primary types of stem cells are somatic stem cells (adult stem cells) and embryonic stem cells. Adult stem cells exist in developed tissues and maintain the body’s repair processes.[1] Embryonic stem cells (ESC) are remarkably pluripotent or versatile, making them valuable in research.[2] However, the use of ESCs has sparked ethics debates. Considering the potential of embryonic stem cells, research guidelines are essential. The International Society for Stem Cell Research (ISSCR) provides international stem cell research guidelines. They call for “public conversations touching on the scientific significance as well as the societal and ethical issues raised by ESC research.”[3] The ISSCR also publishes updates about culturing human embryos 14 days post fertilization, suggesting local policies and regulations should continue to evolve as ESC research develops.[4] Like the ISSCR, which calls for local law and policy to adapt to developing stem cell research given cultural acceptance, this paper highlights the importance of local social factors such as religion and culture. I. Global Cultural Perspective of Embryonic Stem Cells Views on ESCs vary throughout the world. Some countries readily embrace stem cell research and therapies, while others have stricter regulations due to ethical concerns surrounding embryonic stem cells and when an embryo becomes entitled to moral consideration. The philosophical issue of when the “someone” begins to be a human after fertilization, in the morally relevant sense,[5] impacts when an embryo becomes not just worthy of protection but morally entitled to it. The process of creating embryonic stem cell lines involves the destruction of the embryos for research.[6] Consequently, global engagement in ESC research depends on social-cultural acceptability. a. US and Rights-Based Cultures In the United States, attitudes toward stem cell therapies are diverse. The ethics and social approaches, which value individualism,[7] trigger debates regarding the destruction of human embryos, creating a complex regulatory environment. For example, the 1996 Dickey-Wicker Amendment prohibited federal funding for the creation of embryos for research and the destruction of embryos for “more than allowed for research on fetuses in utero.”[8] Following suit, in 2001, the Bush Administration heavily restricted stem cell lines for research. However, the Stem Cell Research Enhancement Act of 2005 was proposed to help develop ESC research but was ultimately vetoed.[9] Under the Obama administration, in 2009, an executive order lifted restrictions allowing for more development in this field.[10] The flux of research capacity and funding parallels the different cultural perceptions of human dignity of the embryo and how it is socially presented within the country’s research culture.[11] b. Ubuntu and Collective Cultures African bioethics differs from Western individualism because of the different traditions and values. African traditions, as described by individuals from South Africa and supported by some studies in other African countries, including Ghana and Kenya, follow the African moral philosophies of Ubuntu or Botho and Ukama, which “advocates for a form of wholeness that comes through one’s relationship and connectedness with other people in the society,”[12] making autonomy a socially collective concept. In this context, for the community to act autonomously, individuals would come together to decide what is best for the collective. Thus, stem cell research would require examining the value of the research to society as a whole and the use of the embryos as a collective societal resource. If society views the source as part of the collective whole, and opposes using stem cells, compromising the cultural values to pursue research may cause social detachment and stunt research growth.[13] Based on local culture and moral philosophy, the permissibility of stem cell research depends on how embryo, stem cell, and cell line therapies relate to the community as a whole. Ubuntu is the expression of humanness, with the person’s identity drawn from the “’I am because we are’” value.[14] The decision in a collectivistic culture becomes one born of cultural context, and individual decisions give deference to others in the society. Consent differs in cultures where thought and moral philosophy are based on a collective paradigm. So, applying Western bioethical concepts is unrealistic. For one, Africa is a diverse continent with many countries with different belief systems, access to health care, and reliance on traditional or Western medicines. Where traditional medicine is the primary treatment, the “’restrictive focus on biomedically-related bioethics’” [is] problematic in African contexts because it neglects bioethical issues raised by traditional systems.”[15] No single approach applies in all areas or contexts. Rather than evaluating the permissibility of ESC research according to Western concepts such as the four principles approach, different ethics approaches should prevail. Another consideration is the socio-economic standing of countries. In parts of South Africa, researchers have not focused heavily on contributing to the stem cell discourse, either because it is not considered health care or a health science priority or because resources are unavailable.[16] Each country’s priorities differ given different social, political, and economic factors. In South Africa, for instance, areas such as maternal mortality, non-communicable diseases, telemedicine, and the strength of health systems need improvement and require more focus[17] Stem cell research could benefit the population, but it also could divert resources from basic medical care. Researchers in South Africa adhere to the National Health Act and Medicines Control Act in South Africa and international guidelines; however, the Act is not strictly enforced, and there is no clear legislation for research conduct or ethical guidelines.[18] Some parts of Africa condemn stem cell research. For example, 98.2 percent of the Tunisian population is Muslim.[19] Tunisia does not permit stem cell research because of moral conflict with a Fatwa. Religion heavily saturates the regulation and direction of research.[20] Stem cell use became permissible for reproductive purposes only recently, with tight restrictions preventing cells from being used in any research other than procedures concerning ART/IVF. Their use is conditioned on consent, and available only to married couples.[21] The community's receptiveness to stem cell research depends on including communitarian African ethics. c. Asia Some Asian countries also have a collective model of ethics and decision making.[22] In China, the ethics model promotes a sincere respect for life or human dignity,[23] based on protective medicine. This model, influenced by Traditional Chinese Medicine (TCM), [24] recognizes Qi as the vital energy delivered via the meridians of the body; it connects illness to body systems, the body’s entire constitution, and the universe for a holistic bond of nature, health, and quality of life.[25] Following a protective ethics model, and traditional customs of wholeness, investment in stem cell research is heavily desired for its applications in regenerative therapies, disease modeling, and protective medicines. In a survey of medical students and healthcare practitioners, 30.8 percent considered stem cell research morally unacceptable while 63.5 percent accepted medical research using human embryonic stem cells. Of these individuals, 89.9 percent supported increased funding for stem cell research.[26] The scientific community might not reflect the overall population. From 1997 to 2019, China spent a total of $576 million (USD) on stem cell research at 8,050 stem cell programs, increased published presence from 0.6 percent to 14.01 percent of total global stem cell publications as of 2014, and made significant strides in cell-based therapies for various medical conditions.[27] However, while China has made substantial investments in stem cell research and achieved notable progress in clinical applications, concerns linger regarding ethical oversight and transparency.[28] For example, the China Biosecurity Law, promoted by the National Health Commission and China Hospital Association, attempted to mitigate risks by introducing an institutional review board (IRB) in the regulatory bodies. 5800 IRBs registered with the Chinese Clinical Trial Registry since 2021.[29] However, issues still need to be addressed in implementing effective IRB review and approval procedures. The substantial government funding and focus on scientific advancement have sometimes overshadowed considerations of regional cultures, ethnic minorities, and individual perspectives, particularly evident during the one-child policy era. As government policy adapts to promote public stability, such as the change from the one-child to the two-child policy,[30] research ethics should also adapt to ensure respect for the values of its represented peoples. Japan is also relatively supportive of stem cell research and therapies. Japan has a more transparent regulatory framework, allowing for faster approval of regenerative medicine products, which has led to several advanced clinical trials and therapies.[31] South Korea is also actively engaged in stem cell research and has a history of breakthroughs in cloning and embryonic stem cells.[32] However, the field is controversial, and there are issues of scientific integrity. For example, the Korean FDA fast-tracked products for approval,[33] and in another instance, the oocyte source was unclear and possibly violated ethical standards.[34] Trust is important in research, as it builds collaborative foundations between colleagues, trial participant comfort, open-mindedness for complicated and sensitive discussions, and supports regulatory procedures for stakeholders. There is a need to respect the culture’s interest, engagement, and for research and clinical trials to be transparent and have ethical oversight to promote global research discourse and trust. d. Middle East Countries in the Middle East have varying degrees of acceptance of or restrictions to policies related to using embryonic stem cells due to cultural and religious influences. Saudi Arabia has made significant contributions to stem cell research, and conducts research based on international guidelines for ethical conduct and under strict adherence to guidelines in accordance with Islamic principles. Specifically, the Saudi government and people require ESC research to adhere to Sharia law. In addition to umbilical and placental stem cells,[35] Saudi Arabia permits the use of embryonic stem cells as long as they come from miscarriages, therapeutic abortions permissible by Sharia law, or are left over from in vitro fertilization and donated to research.[36] Laws and ethical guidelines for stem cell research allow the development of research institutions such as the King Abdullah International Medical Research Center, which has a cord blood bank and a stem cell registry with nearly 10,000 donors.[37] Such volume and acceptance are due to the ethical ‘permissibility’ of the donor sources, which do not conflict with religious pillars. However, some researchers err on the side of caution, choosing not to use embryos or fetal tissue as they feel it is unethical to do so.[38] Jordan has a positive research ethics culture.[39] However, there is a significant issue of lack of trust in researchers, with 45.23 percent (38.66 percent agreeing and 6.57 percent strongly agreeing) of Jordanians holding a low level of trust in researchers, compared to 81.34 percent of Jordanians agreeing that they feel safe to participate in a research trial.[40] Safety testifies to the feeling of confidence that adequate measures are in place to protect participants from harm, whereas trust in researchers could represent the confidence in researchers to act in the participants’ best interests, adhere to ethical guidelines, provide accurate information, and respect participants’ rights and dignity. One method to improve trust would be to address communication issues relevant to ESC. Legislation surrounding stem cell research has adopted specific language, especially concerning clarification “between ‘stem cells’ and ‘embryonic stem cells’” in translation.[41] Furthermore, legislation “mandates the creation of a national committee… laying out specific regulations for stem-cell banking in accordance with international standards.”[42] This broad regulation opens the door for future global engagement and maintains transparency. However, these regulations may also constrain the influence of research direction, pace, and accessibility of research outcomes. e. Europe In the European Union (EU), ethics is also principle-based, but the principles of autonomy, dignity, integrity, and vulnerability are interconnected.[43] As such, the opportunity for cohesion and concessions between individuals’ thoughts and ideals allows for a more adaptable ethics model due to the flexible principles that relate to the human experience The EU has put forth a framework in its Convention for the Protection of Human Rights and Dignity of the Human Being allowing member states to take different approaches. Each European state applies these principles to its specific conventions, leading to or reflecting different acceptance levels of stem cell research. [44] For example, in Germany, Lebenzusammenhang, or the coherence of life, references integrity in the unity of human culture. Namely, the personal sphere “should not be subject to external intervention.”[45] Stem cell interventions could affect this concept of bodily completeness, leading to heavy restrictions. Under the Grundgesetz, human dignity and the right to life with physical integrity are paramount.[46] The Embryo Protection Act of 1991 made producing cell lines illegal. Cell lines can be imported if approved by the Central Ethics Commission for Stem Cell Research only if they were derived before May 2007.[47] Stem cell research respects the integrity of life for the embryo with heavy specifications and intense oversight. This is vastly different in Finland, where the regulatory bodies find research more permissible in IVF excess, but only up to 14 days after fertilization.[48] Spain’s approach differs still, with a comprehensive regulatory framework.[49] Thus, research regulation can be culture-specific due to variations in applied principles. Diverse cultures call for various approaches to ethical permissibility.[50] Only an adaptive-deliberative model can address the cultural constructions of self and achieve positive, culturally sensitive stem cell research practices.[51] II. Religious Perspectives on ESC Embryonic stem cell sources are the main consideration within religious contexts. While individuals may not regard their own religious texts as authoritative or factual, religion can shape their foundations or perspectives. The Qur'an states: “And indeed We created man from a quintessence of clay. Then We placed within him a small quantity of nutfa (sperm to fertilize) in a safe place. Then We have fashioned the nutfa into an ‘alaqa (clinging clot or cell cluster), then We developed the ‘alaqa into mudgha (a lump of flesh), and We made mudgha into bones, and clothed the bones with flesh, then We brought it into being as a new creation. So Blessed is Allah, the Best of Creators.”[52] Many scholars of Islam estimate the time of soul installment, marked by the angel breathing in the soul to bring the individual into creation, as 120 days from conception.[53] Personhood begins at this point, and the value of life would prohibit research or experimentation that could harm the individual. If the fetus is more than 120 days old, the time ensoulment is interpreted to occur according to Islamic law, abortion is no longer permissible.[54] There are a few opposing opinions about early embryos in Islamic traditions. According to some Islamic theologians, there is no ensoulment of the early embryo, which is the source of stem cells for ESC research.[55] In Buddhism, the stance on stem cell research is not settled. The main tenets, the prohibition against harming or destroying others (ahimsa) and the pursuit of knowledge (prajña) and compassion (karuna), leave Buddhist scholars and communities divided.[56] Some scholars argue stem cell research is in accordance with the Buddhist tenet of seeking knowledge and ending human suffering. Others feel it violates the principle of not harming others. Finding the balance between these two points relies on the karmic burden of Buddhist morality. In trying to prevent ahimsa towards the embryo, Buddhist scholars suggest that to comply with Buddhist tenets, research cannot be done as the embryo has personhood at the moment of conception and would reincarnate immediately, harming the individual's ability to build their karmic burden.[57] On the other hand, the Bodhisattvas, those considered to be on the path to enlightenment or Nirvana, have given organs and flesh to others to help alleviate grieving and to benefit all.[58] Acceptance varies on applied beliefs and interpretations. Catholicism does not support embryonic stem cell research, as it entails creation or destruction of human embryos. This destruction conflicts with the belief in the sanctity of life. For example, in the Old Testament, Genesis describes humanity as being created in God’s image and multiplying on the Earth, referencing the sacred rights to human conception and the purpose of development and life. In the Ten Commandments, the tenet that one should not kill has numerous interpretations where killing could mean murder or shedding of the sanctity of life, demonstrating the high value of human personhood. In other books, the theological conception of when life begins is interpreted as in utero,[59] highlighting the inviolability of life and its formation in vivo to make a religious point for accepting such research as relatively limited, if at all.[60] The Vatican has released ethical directives to help apply a theological basis to modern-day conflicts. The Magisterium of the Church states that “unless there is a moral certainty of not causing harm,” experimentation on fetuses, fertilized cells, stem cells, or embryos constitutes a crime.[61] Such procedures would not respect the human person who exists at these stages, according to Catholicism. Damages to the embryo are considered gravely immoral and illicit.[62] Although the Catholic Church officially opposes abortion, surveys demonstrate that many Catholic people hold pro-choice views, whether due to the context of conception, stage of pregnancy, threat to the mother’s life, or for other reasons, demonstrating that practicing members can also accept some but not all tenets.[63] Some major Jewish denominations, such as the Reform, Conservative, and Reconstructionist movements, are open to supporting ESC use or research as long as it is for saving a life.[64] Within Judaism, the Talmud, or study, gives personhood to the child at birth and emphasizes that life does not begin at conception:[65] “If she is found pregnant, until the fortieth day it is mere fluid,”[66] Whereas most religions prioritize the status of human embryos, the Halakah (Jewish religious law) states that to save one life, most other religious laws can be ignored because it is in pursuit of preservation.[67] Stem cell research is accepted due to application of these religious laws. We recognize that all religions contain subsets and sects. The variety of environmental and cultural differences within religious groups requires further analysis to respect the flexibility of religious thoughts and practices. We make no presumptions that all cultures require notions of autonomy or morality as under the common morality theory, which asserts a set of universal moral norms that all individuals share provides moral reasoning and guides ethical decisions.[68] We only wish to show that the interaction with morality varies between cultures and countries. III. A Flexible Ethical Approach The plurality of different moral approaches described above demonstrates that there can be no universally acceptable uniform law for ESC on a global scale. Instead of developing one standard, flexible ethical applications must be continued. We recommend local guidelines that incorporate important cultural and ethical priorities. While the Declaration of Helsinki is more relevant to people in clinical trials receiving ESC products, in keeping with the tradition of protections for research subjects, consent of the donor is an ethical requirement for ESC donation in many jurisdictions including the US, Canada, and Europe.[69] The Declaration of Helsinki provides a reference point for regulatory standards and could potentially be used as a universal baseline for obtaining consent prior to gamete or embryo donation. For instance, in Columbia University’s egg donor program for stem cell research, donors followed standard screening protocols and “underwent counseling sessions that included information as to the purpose of oocyte donation for research, what the oocytes would be used for, the risks and benefits of donation, and process of oocyte stimulation” to ensure transparency for consent.[70] The program helped advance stem cell research and provided clear and safe research methods with paid participants. Though paid participation or covering costs of incidental expenses may not be socially acceptable in every culture or context,[71] and creating embryos for ESC research is illegal in many jurisdictions, Columbia’s program was effective because of the clear and honest communications with donors, IRBs, and related stakeholders. This example demonstrates that cultural acceptance of scientific research and of the idea that an egg or embryo does not have personhood is likely behind societal acceptance of donating eggs for ESC research. As noted, many countries do not permit the creation of embryos for research. Proper communication and education regarding the process and purpose of stem cell research may bolster comprehension and garner more acceptance. “Given the sensitive subject material, a complete consent process can support voluntary participation through trust, understanding, and ethical norms from the cultures and morals participants value. This can be hard for researchers entering countries of different socioeconomic stability, with different languages and different societal values.[72] An adequate moral foundation in medical ethics is derived from the cultural and religious basis that informs knowledge and actions.[73] Understanding local cultural and religious values and their impact on research could help researchers develop humility and promote inclusion. IV. Concerns Some may argue that if researchers all adhere to one ethics standard, protection will be satisfied across all borders, and the global public will trust researchers. However, defining what needs to be protected and how to define such research standards is very specific to the people to which standards are applied. We suggest that applying one uniform guide cannot accurately protect each individual because we all possess our own perceptions and interpretations of social values.[74] Therefore, the issue of not adjusting to the moral pluralism between peoples in applying one standard of ethics can be resolved by building out ethics models that can be adapted to different cultures and religions. Other concerns include medical tourism, which may promote health inequities.[75] Some countries may develop and approve products derived from ESC research before others, compromising research ethics or drug approval processes. There are also concerns about the sale of unauthorized stem cell treatments, for example, those without FDA approval in the United States. Countries with robust research infrastructures may be tempted to attract medical tourists, and some customers will have false hopes based on aggressive publicity of unproven treatments.[76] For example, in China, stem cell clinics can market to foreign clients who are not protected under the regulatory regimes. Companies employ a marketing strategy of “ethically friendly” therapies. Specifically, in the case of Beike, China’s leading stem cell tourism company and sprouting network, ethical oversight of administrators or health bureaus at one site has “the unintended consequence of shifting questionable activities to another node in Beike's diffuse network.”[77] In contrast, Jordan is aware of stem cell research’s potential abuse and its own status as a “health-care hub.” Jordan’s expanded regulations include preserving the interests of individuals in clinical trials and banning private companies from ESC research to preserve transparency and the integrity of research practices.[78] The social priorities of the community are also a concern. The ISSCR explicitly states that guidelines “should be periodically revised to accommodate scientific advances, new challenges, and evolving social priorities.”[79] The adaptable ethics model extends this consideration further by addressing whether research is warranted given the varying degrees of socioeconomic conditions, political stability, and healthcare accessibilities and limitations. An ethical approach would require discussion about resource allocation and appropriate distribution of funds.[80] CONCLUSION While some religions emphasize the sanctity of life from conception, which may lead to public opposition to ESC research, others encourage ESC research due to its potential for healing and alleviating human pain. Many countries have special regulations that balance local views on embryonic personhood, the benefits of research as individual or societal goods, and the protection of human research subjects. To foster understanding and constructive dialogue, global policy frameworks should prioritize the protection of universal human rights, transparency, and informed consent. In addition to these foundational global policies, we recommend tailoring local guidelines to reflect the diverse cultural and religious perspectives of the populations they govern. Ethics models should be adapted to local populations to effectively establish research protections, growth, and possibilities of stem cell research. For example, in countries with strong beliefs in the moral sanctity of embryos or heavy religious restrictions, an adaptive model can allow for discussion instead of immediate rejection. In countries with limited individual rights and voice in science policy, an adaptive model ensures cultural, moral, and religious views are taken into consideration, thereby building social inclusion. While this ethical consideration by the government may not give a complete voice to every individual, it will help balance policies and maintain the diverse perspectives of those it affects. Embracing an adaptive ethics model of ESC research promotes open-minded dialogue and respect for the importance of human belief and tradition. By actively engaging with cultural and religious values, researchers can better handle disagreements and promote ethical research practices that benefit each society. This brief exploration of the religious and cultural differences that impact ESC research reveals the nuances of relative ethics and highlights a need for local policymakers to apply a more intense adaptive model. - [1] Poliwoda, S., Noor, N., Downs, E., Schaaf, A., Cantwell, A., Ganti, L., Kaye, A. D., Mosel, L. I., Carroll, C. B., Viswanath, O., & Urits, I. (2022). Stem cells: a comprehensive review of origins and emerging clinical roles in medical practice. 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Journal of law and the biosciences, 8(1). https://doi.org/10.1093/jlb/lsab019 https://academic.oup.com/jlb/article/8/1/lsab019/6299199 [30] Chen, H., Wei, T., Wang, H. et al. Association of China’s two-child policy with changes in number of births and birth defects rate, 2008–2017. BMC Public Health 22, 434 (2022). https://doi.org/10.1186/s12889-022-12839-0 [31] Azuma, K. Regulatory Landscape of Regenerative Medicine in Japan. Curr Stem Cell Rep 1, 118–128 (2015). https://doi.org/10.1007/s40778-015-0012-6 [32] Harris, R. (2005, May 19). Researchers Report Advance in Stem Cell Production. NPR. https://www.npr.org/2005/05/19/4658967/researchers-report-advance-in-stem-cell-production [33] Park, S. (2012). South Korea steps up stem-cell work. Nature. https://doi.org/10.1038/nature.2012.10565 [34] Resnik, D. B., Shamoo, A. E., & Krimsky, S. (2006). Fraudulent human embryonic stem cell research in South Korea: lessons learned. Accountability in research, 13(1), 101–109. https://doi.org/10.1080/08989620600634193. [35] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [36]Association for the Advancement of Blood and Biotherapies. https://www.aabb.org/regulatory-and-advocacy/regulatory-affairs/regulatory-for-cellular-therapies/international-competent-authorities/saudi-arabia [37] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 [38] Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: Interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6 Culturally, autonomy practices follow a relational autonomy approach based on a paternalistic deontological health care model. The adherence to strict international research policies and religious pillars within the regulatory environment is a great foundation for research ethics. However, there is a need to develop locally targeted ethics approaches for research (as called for in Alahmad, G., Aljohani, S., & Najjar, M. F. (2020). Ethical challenges regarding the use of stem cells: interviews with researchers from Saudi Arabia. BMC medical ethics, 21(1), 35. https://doi.org/10.1186/s12910-020-00482-6), this decision-making approach may help advise a research decision model. For more on the clinical cultural autonomy approaches, see: Alabdullah, Y. Y., Alzaid, E., Alsaad, S., Alamri, T., Alolayan, S. W., Bah, S., & Aljoudi, A. S. (2022). Autonomy and paternalism in Shared decision‐making in a Saudi Arabian tertiary hospital: A cross‐sectional study. Developing World Bioethics, 23(3), 260–268. https://doi.org/10.1111/dewb.12355; Bukhari, A. A. (2017). Universal Principles of Bioethics and Patient Rights in Saudi Arabia (Doctoral dissertation, Duquesne University). https://dsc.duq.edu/etd/124; Ladha, S., Nakshawani, S. A., Alzaidy, A., & Tarab, B. (2023, October 26). Islam and Bioethics: What We All Need to Know. Columbia University School of Professional Studies. https://sps.columbia.edu/events/islam-and-bioethics-what-we-all-need-know [39] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [40] Ababneh, M. A., Al-Azzam, S. I., Alzoubi, K., Rababa’h, A., & Al Demour, S. (2021). Understanding and attitudes of the Jordanian public about clinical research ethics. Research Ethics, 17(2), 228-241. https://doi.org/10.1177/1747016120966779 [41] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [42] Dajani, R. (2014). Jordan’s stem-cell law can guide the Middle East. Nature 510, 189. https://doi.org/10.1038/510189a [43] The EU’s definition of autonomy relates to the capacity for creating ideas, moral insight, decisions, and actions without constraint, personal responsibility, and informed consent. However, the EU views autonomy as not completely able to protect individuals and depends on other principles, such as dignity, which “expresses the intrinsic worth and fundamental equality of all human beings.” Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [44] Council of Europe. Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (ETS No. 164) https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=164 (forbidding the creation of embryos for research purposes only, and suggests embryos in vitro have protections.); Also see Drabiak-Syed B. K. (2013). New President, New Human Embryonic Stem Cell Research Policy: Comparative International Perspectives and Embryonic Stem Cell Research Laws in France. Biotechnology Law Report, 32(6), 349–356. https://doi.org/10.1089/blr.2013.9865 [45] Rendtorff, J.D., Kemp, P. (2019). Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability. In: Valdés, E., Lecaros, J. (eds) Biolaw and Policy in the Twenty-First Century. International Library of Ethics, Law, and the New Medicine, vol 78. Springer, Cham. https://doi.org/10.1007/978-3-030-05903-3_3 [46] Tomuschat, C., Currie, D. P., Kommers, D. P., & Kerr, R. (Trans.). (1949, May 23). Basic law for the Federal Republic of Germany. https://www.btg-bestellservice.de/pdf/80201000.pdf [47] Regulation of Stem Cell Research in Germany. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-germany [48] Regulation of Stem Cell Research in Finland. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-finland [49] Regulation of Stem Cell Research in Spain. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-spain [50] Some sources to consider regarding ethics models or regulatory oversights of other cultures not covered: Kara MA. Applicability of the principle of respect for autonomy: the perspective of Turkey. J Med Ethics. 2007 Nov;33(11):627-30. doi: 10.1136/jme.2006.017400. PMID: 17971462; PMCID: PMC2598110. Ugarte, O. N., & Acioly, M. A. (2014). The principle of autonomy in Brazil: one needs to discuss it ... Revista do Colegio Brasileiro de Cirurgioes, 41(5), 374–377. https://doi.org/10.1590/0100-69912014005013 Bharadwaj, A., & Glasner, P. E. (2012). Local cells, global science: The rise of embryonic stem cell research in India. Routledge. For further research on specific European countries regarding ethical and regulatory framework, we recommend this database: Regulation of Stem Cell Research in Europe. Eurostemcell. (2017, April 26). https://www.eurostemcell.org/regulation-stem-cell-research-europe [51] Klitzman, R. (2006). Complications of culture in obtaining informed consent. The American Journal of Bioethics, 6(1), 20–21. https://doi.org/10.1080/15265160500394671 see also: Ekmekci, P. E., & Arda, B. (2017). Interculturalism and Informed Consent: Respecting Cultural Differences without Breaching Human Rights. Cultura (Iasi, Romania), 14(2), 159–172.; For why trust is important in research, see also: Gray, B., Hilder, J., Macdonald, L., Tester, R., Dowell, A., & Stubbe, M. (2017). Are research ethics guidelines culturally competent? Research Ethics, 13(1), 23-41. https://doi.org/10.1177/1747016116650235 [52] The Qur'an (M. Khattab, Trans.). (1965). Al-Mu’minun, 23: 12-14. https://quran.com/23 [53] Lenfest, Y. (2017, December 8). Islam and the beginning of human life. Bill of Health. https://blog.petrieflom.law.harvard.edu/2017/12/08/islam-and-the-beginning-of-human-life/ [54] Aksoy, S. (2005). Making regulations and drawing up legislation in Islamic countries under conditions of uncertainty, with special reference to embryonic stem cell research. Journal of Medical Ethics, 31:399-403.; see also: Mahmoud, Azza. "Islamic Bioethics: National Regulations and Guidelines of Human Stem Cell Research in the Muslim World." Master's thesis, Chapman University, 2022. https://doi.org/10.36837/ chapman.000386 [55] Rashid, R. (2022). When does Ensoulment occur in the Human Foetus. Journal of the British Islamic Medical Association, 12(4). ISSN 2634 8071. https://www.jbima.com/wp-content/uploads/2023/01/2-Ethics-3_-Ensoulment_Rafaqat.pdf. [56] Sivaraman, M. & Noor, S. (2017). Ethics of embryonic stem cell research according to Buddhist, Hindu, Catholic, and Islamic religions: perspective from Malaysia. Asian Biomedicine,8(1) 43-52. https://doi.org/10.5372/1905-7415.0801.260 [57] Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [58] Lecso, P. A. (1991). The Bodhisattva Ideal and Organ Transplantation. Journal of Religion and Health, 30(1), 35–41. http://www.jstor.org/stable/27510629; Bodhisattva, S. (n.d.). The Key of Becoming a Bodhisattva. A Guide to the Bodhisattva Way of Life. http://www.buddhism.org/Sutras/2/BodhisattvaWay.htm [59] There is no explicit religious reference to when life begins or how to conduct research that interacts with the concept of life. However, these are relevant verses pertaining to how the fetus is viewed. ((King James Bible. (1999). Oxford University Press. (original work published 1769)) Jerimiah 1: 5 “Before I formed thee in the belly I knew thee; and before thou camest forth out of the womb I sanctified thee…” In prophet Jerimiah’s insight, God set him apart as a person known before childbirth, a theme carried within the Psalm of David. Psalm 139: 13-14 “…Thou hast covered me in my mother's womb. I will praise thee; for I am fearfully and wonderfully made…” These verses demonstrate David’s respect for God as an entity that would know of all man’s thoughts and doings even before birth. [60] It should be noted that abortion is not supported as well. [61] The Vatican. (1987, February 22). Instruction on Respect for Human Life in Its Origin and on the Dignity of Procreation Replies to Certain Questions of the Day. Congregation For the Doctrine of the Faith. https://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19870222_respect-for-human-life_en.html [62] The Vatican. (2000, August 25). Declaration On the Production and the Scientific and Therapeutic Use of Human Embryonic Stem Cells. Pontifical Academy for Life. https://www.vatican.va/roman_curia/pontifical_academies/acdlife/documents/rc_pa_acdlife_doc_20000824_cellule-staminali_en.html; Ohara, N. (2003). Ethical Consideration of Experimentation Using Living Human Embryos: The Catholic Church’s Position on Human Embryonic Stem Cell Research and Human Cloning. Department of Obstetrics and Gynecology. Retrieved from https://article.imrpress.com/journal/CEOG/30/2-3/pii/2003018/77-81.pdf. [63] Smith, G. A. (2022, May 23). Like Americans overall, Catholics vary in their abortion views, with regular mass attenders most opposed. Pew Research Center. https://www.pewresearch.org/short-reads/2022/05/23/like-americans-overall-catholics-vary-in-their-abortion-views-with-regular-mass-attenders-most-opposed/ [64] Rosner, F., & Reichman, E. (2002). Embryonic stem cell research in Jewish law. Journal of halacha and contemporary society, (43), 49–68.; Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [65] Schenker J. G. (2008). The beginning of human life: status of embryo. Perspectives in Halakha (Jewish Religious Law). Journal of assisted reproduction and genetics, 25(6), 271–276. https://doi.org/10.1007/s10815-008-9221-6 [66] Ruttenberg, D. (2020, May 5). The Torah of Abortion Justice (annotated source sheet). Sefaria. https://www.sefaria.org/sheets/234926.7?lang=bi&with=all&lang2=en [67] Jafari, M., Elahi, F., Ozyurt, S. & Wrigley, T. (2007). 4. Religious Perspectives on Embryonic Stem Cell Research. In K. Monroe, R. Miller & J. Tobis (Ed.), Fundamentals of the Stem Cell Debate: The Scientific, Religious, Ethical, and Political Issues (pp. 79-94). Berkeley: University of California Press. https://escholarship.org/content/qt9rj0k7s3/qt9rj0k7s3_noSplash_f9aca2e02c3777c7fb76ea768ba458f0.pdf https://doi.org/10.1525/9780520940994-005 [68] Gert, B. (2007). Common morality: Deciding what to do. Oxford Univ. Press. [69] World Medical Association (2013). World Medical Association Declaration of Helsinki: ethical principles for medical research involving human subjects. JAMA, 310(20), 2191–2194. https://doi.org/10.1001/jama.2013.281053 Declaration of Helsinki – WMA – The World Medical Association.; see also: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (1979). The Belmont report: Ethical principles and guidelines for the protection of human subjects of research. 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Winarnita, Monika, Sharyn Graham Davies, and Nicholas Herriman. "Fashion, Thresholds, and Borders." M/C Journal 25, no. 4 (October 7, 2022). http://dx.doi.org/10.5204/mcj.2934.

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Abstract:
Introduction Since at least the work of van Gennep in the early 1900s, anthropologists have recognised that borders and thresholds are crucial in understanding human behavior and culture. But particularly in the past few decades, the study of borders has moved from the margins of social inquiry to the centre. At the same time, fashion (Entwistle), including clothing and skin (Bille), have emerged as crucial to understanding the human condition. In this article, we draw on and expand this literature on borders and fashion to demonstrate that the way Indonesians fashion and display their body reflects larger changes in attitudes about morality and gender. And in this, borders and thresholds are crucial. In order to make this argument, we consider three case studies from Indonesia. First, we discuss the requirement that policewomen submit to a virginity test, which takes the form of a hymen inspection. Then, we look at the successful campaign by policewomen to be able to wear the Islamic veil. Finally, we consider reports of Makassar policewomen who attempt to turn young people into exemplary citizens and traffic 'ambassadors' by using downtown crosswalks as a catwalk. In each of these three cases, fashioned borders and thresholds play prominent roles in determining the expression of morality, particularly in relation to gender roles. Fashion, Thresholds, and Borders There was once a time when social scientists tended to view clothes and other forms of adornment as "frivolous" or trivial (Entwistle 14; 18). Over the past few decades, however, fashion has emerged as a serious study within the social sciences. Writers have, for example, demonstrated how fashion is closely tied up with identity and capitalism (King and Winarnita). And although fashion used to be envisaged as emerging from London, New York, Paris, Milan, and other Western locations, scholars are increasingly recognising the importance of Asia in fashion studies. Whether the haute couture and cosplay in Tokyo or 'traditional' weaving of materials in Indonesia, studying fashion and clothes provides crucial insight into the cultures and societies of Asia (King and Winarnita). To contribute to this burgeoning area of research in Asian fashion, we draw on the anthropological classics, in particular, the concept of threshold. Every time we walk through a doorway, gate, or cross a line, we cross a threshold. But what classic anthropology shows us is that crossing certain thresholds changes our social status. This changing particularly occurs in the context of ritual. For example, walking onto a stage, a person becomes a performer or actor. Traditionally a groom carries his bride through the door, symbolising the transition to husband and wife (Douglas 115). In this article, we apply this idea that crossing thresholds is associated with transitioning social statuses (Douglas; Turner; van Gennep). To do this, we first establish a connection between national and personal borders. We argue that skin and clothes have a cultural function in addition to their practical functions. Typically, skin is imagined as a kind of social border and clothes provide a buffer zone. But to make this case, we first need to elaborate how we understand national borders. In the traditional kingdoms of Southeast Asia, borders were largely imperceptible or non-existent. Power was thought to radiate out from the ruler, through the capital, and into the surrounding areas. As it emanated from this 'exemplary centre', power was thought to weaken (Geertz 222-229). Rather than an area of land, a kingdom was thought to be a group of people (Tambiah 516). In this context, borders were irrelevant. But as in other parts of the world, in the era of nations, the situation has entirely changed in modern Indonesia. In a simple sense, our current global legal system is created out of international borders. These borders are, first and foremost, imagined lines that separate the area belonging to one nation-state from another. Borders are for the most part simply drawn on maps, explained by reference to latitude, longitude, and other features of the landscape. But, obviously, borders exist outside the imagination and on maps. They have significance in international law, in separating one jurisdiction from another. Usually, national borders can only be legally crossed with appropriate documentation and legal status. In extreme cases, crossing another nation's border can be a cause for war; but the difficulty in determining borders in practice means both sides may debate over whether a border was actually crossed. Where this possibility exists, sometimes the imagined lines are marked on the actual earth by fences, walls, etc. To protect borders, buffer zones are sometimes created. The most famous buffer zone is the Demilitarized Zone or DMZ, which runs along North Korea's border with South Korea. As no peace treaty has been signed between these two nations, they are technically still at war. Hostility is intense, but armed conflict has, for the most part, ceased. The buffer helps both sides maintain this cessation by enabling them to distinguish between an unintentional infringement and a genuine invasion. All this practical significance of borders and buffer zones is obvious. But borders become even more fascinating when we look beyond their 'practical' significance. Borders have ritual as well as practical importance. Like the flag, the nation's borders have meaning. They also have moral implications. Borders have become an issue of almost fanatical or zealous significance. The 2015 footage of a female Hungarian reporter physically attacking asylum seekers who crossed the border into her nation indicates that she was not just upset with their legal status; presumably she does not physically attack people breaking other laws (BBC News). Similarly the border vigilantes, volunteers who 'protect' the southern borders of the USA against what they see as drug cartels, apparently take no action against white-collar criminals in the cities of the USA. For the Hungarian reporter and the border vigilantes, the border is a threshold to be protected at all costs and those who cross it without proper documentation and process are more than just law breakers; they are moral transgressors, possibly even equivalent to filth. So much for border crossing. What about the borders themselves? As mentioned, fences, walls, and other markers are built to make the imagined line tangible. But some borders go well beyond that. Borders are also adorned or fashioned. For instance, the border between North and South Korea serves as a site where national sovereignty and legitimacy are emphasised, defended, and contested. It is at this buffer zone that these two nations look at each other and showcase to the other what is ideally contained within their own respective national borders. But it is not just national states which have buffer zones and borders with deep significance in the modern period; our own clothes and skin possess a similar moral significance. Why are clothes so important? Of course, like national borders, clothes have practical and functional use. Clothes keep us warm, dry, and protected from the sun and other elements. In addition to this practical use, clothes are heavily imbued with significance. Clothes are a way to fashion the body. They define our various identities including gender, class, etc. Clothes also signify morality and modesty (Leach 152). But where does this morality regarding clothing come from? Clothing is a site where state, religious, and familial control is played out. Just like the DMZ, our bodies are aestheticised with adornments, accoutrements, and decorations, and they are imbued with strong symbolic significance in attempts to reveal what constitutes the enclosed. Just like the DMZ, our clothing or lack thereof is considered constitutive of the nation. Because clothes play a role akin to geo-political borders, clothes are our DMZ; they mark us as good citizens. Whether we wear gang colours or a cross on our necklace, they can show us as belonging to something powerful, protective, and worth belonging to. They also show others that they do not belong. In relation to this, perhaps it is necessary to mention one cultural aspect of clothing. This is the importance, in the modern Indonesian nation, of appearing rapih. Rapih typically means clean, tidy, and well-groomed. The ripped and dirty jeans, old T-shirts, unshaven, unkempt hair, which has, at times, been mainstream fashion in other parts of the world, is typically viewed negatively in Indonesia, where wearing 'appropriate' clothing has been tied up with the nationalist project. For instance, as a primary school student in Indonesia, Winarnita was taught Pendidikan Moral Pancasila (Pancasila Moral Education). Named after the Pancasila, the guiding principles of the Indonesian nation, this class is also known as "PMP". It provided instruction in how to be a good national citizen. Crucially, this included deportment. The importance of being well dressed and rapih was stressed. In sum, like national borders, clothes are much more than their practical significance and practical use. This analysis can be extended by looking at skin. The practical significance of skin cannot be overstated; it is crucial to survival. But that does not preclude the possibility that humans—being the prolifically creative and meaning-making animals that we are—can make skin meaningful. Everyday racism, for instance, is primarily enabled by people making skin colour meaningful. And although skin is not optional, we fashion it into borders that define who we are, such as through tattoos, by piercing, accessorising, and through various forms of body modification (from body building to genital modification). Thresholds are also important in understanding skin. In a modern Indonesian context, when a penis crosses a woman's hymen her ritual status changes; she is no longer a virgin maiden (gadis) or virgin (perawan). If we apply the analogy of borders to the hymen, we could think of it as a checkpoint or border crossing. At a national border crossing, only people with correct credentials (for instance, passport holders with visas) can legally cross and only at certain times (not on public holidays or only from 9-5). At a hymen, only people with the correct status, namely one's husband, can morally cross. The checkpoint is a crucial reminder of the nation state and citizen scheme. The hymen is a crucial reminder of heteronormative standards. Crucial to understanding Indonesian notions of skin is the idea of aurat (Bennett 2007; Parker 2008). This term refers to parts of the body that should be covered. Or it could be said that aurat refers to 'intimate parts' of the body, if we understand that different parts of the body are considered intimate in Indonesian cultures. Indonesians tend to describe the aurat as those body parts that arouse feelings of sexual attraction or embarrassment in others. The concept tends to have Arabic and Islamic associations in Indonesia. Accordingly, for many Muslims, it means that women, once they appear sexually mature, should cover their hair, neck, and cleavage, and other areas that might arouse sexual attraction. These need to be covered when they leave their house, when they are viewed by people outside of the immediate nuclear family (muhrim). For men, it means they should be covered from their stomach to their knees. However, different Islamic scholars and preachers give different interpretations about what the aurat includes, with some opining that the entire female body with the exception of hands and face needs to be covered. That said, the general disposition or habitus of using clothes to cover is also found among non-Muslims in Indonesia. Accordingly, Catholics, Protestants, and Hindus also tend to cover their legs and cleavage, and so on, more than would commonly be found in Western countries. Having outlined the literature and cultural context, we now turn to our case studies. The Veil and Indonesian Policewomen Our first case study focusses on Indonesian police. Aside from a practical significance in law enforcement, police also have symbolic importance. There is an ideal that police should set and enforce standards for exemplary behaviour. Despite this, the Indonesia police have an image problem, being seen as highly corrupt (Davies, Stone, & Buttle). This is where policewomen fit in. The female constabulary are thought to be capable of morally improving the police force and the nation. Additionally, Indonesian policewomen are believed to be needed in situations of family violence, for instance, and to bring a sensitive and humane approach. The moral significance of Indonesia's policewomen shows clearly through issues of their clothing, in particular, the veil. In 2005, it became illegal for Indonesian policewomen to wear the veil on duty. Various reasons were given for this ban. These included that police should present a secular image, showcasing a modern and progressive nation. But this was one border contest where policewomen were able to successfully fight back; in 2013, they won the right to wear the veil on duty. The arguments espoused by both sides during this debate were reflective of geo-political border disputes, and protagonists deployed words such as "sovereignty", "human rights", and "religious autonomy". But in the end it was the policewomen's narrative that best convinced the government that they had a right to wear the veil on duty. Possibly this is because by 2013 many politicians and policymakers wanted to present Indonesia as a pious nation and having policewomen able to express their religion – and the veil being imbued with sentiments of honesty and dedication – fitted in with this larger national image. In contrast, policewomen have been unsuccessful in efforts to ban so called virginity testing (discussed below). Indonesian Policewomen Need to Be Attractive But veils are not the only bodily border that can be packed around language used to describe a DMZ. Policewomen's physical appearance, and specifically facial appearance and make-up, are discussed in similar terms. As such another border that policewomen must present in a particular (i.e. beautiful) way is their appearance. As part of the selection process, women police candidates must be judged by a mostly male panel as being pretty. They have to be a certain height and weight, and bust measurements are taken. The image of the policewoman is tall, slim, and beautiful, with a veil or with regulation cut and coiffed hair. Recognising the 'importance' of beauty for policewomen, they are given a monthly allowance precisely to buy make-up. Such is the status of policewomen that entry is highly competitive. And those who make the cut accrue many benefits. One of these benefits can be celebrity status, and it is not unusual for some policewomen to have over 100,000 Instagram followers. This celebrity status has led one police official to publicly state that women should not join the police force thinking it is a shortcut to celebrity status (Davies). So just like a nation trying to present its best self, Indonesia is imagined in the image of its policewomen. Policewomen feel pride in being selected for this position even when feeling vexed about these barriers to getting selected (Davies). Another barrier to selection is discussed in the next case study. Virginity Testing of Policewomen Our second case study relates to the necessity that female police recruits be virgins. Since 1965, policewomen recruits have been required to undergo internal examinations to ensure that their hymen is supposedly intact. Glossed as 'virginity' tests this procedure involves a two-finger examination by a health professional. Protests against the practice have been voiced by Human Rights Watch and others (Human Rights Watch). Pledges have also been made that the practice will be removed. But to date the procedure is still performed, although there are currently moves to have it banned within the armed forces. Hymens are more of a skin border than a clothing border such as that formed by uniforms or veils, but they operate in similar ways. The ‘feelable’ hymen marks an unmarried woman as moral. New women police recruits must be unmarried and therefore virgins. Actually, the hymen is not a taut skin border, but rather a loose connection of overlapping tissue and in this sense a hymen is not something one can lose. But the hymen is used as a proxy to determine a woman’s value. Hymen border control gives one a moral edge. A hymen supposedly measures a woman’s ability to protect herself, like any fortified geo-political border. Protecting one’s own borders gives the suggestion that one is able to protect others. A policewoman who can protect her bodily borders can protect those of others. Outsiders may wonder what being attractive, modest, but not too modest has to do with police work. And some (but by no means all) Indonesian policewomen wondered the same thing too. Indeed, some policewomen Davies interviewed in the 2010s were against this practice, but many staunchly supported it. They had successfully passed this rite of passage and therefore felt a common bond with other new recruits who had also gone through this procedure. Typically rites of passage, and especially the accompanying humiliation and abuse, engender a strong sense of solidarity among those who have passed through them. The virginity test seems to have operated in a similar way. Policewomen and the 'Citayam' Street Fashion Our third case study is an analysis of a short and otherwise unremarkable TV news report about policewomen parading across a crosswalk in a remote regional city. To understand why, we need to turn to "Citayam Fashion Week", a youth social movement which has developed around a road crossing in downtown Jakarta. Social movements like this are difficult to pin down, but it seems that a central aspect has been young fashionistas using a zebra crossing on a busy Jakarta street as an impromptu catwalk to strut across, be seen, and photographed. These youths are referred to in one article as "Jakarta's budget fashionistas" (Saraswati). The movement is understood in social media and traditional media sources as expressing 'street fashion'. Social media has been central to this movement. The youths have posted photos and videos of themselves crossing the road on social media. Some of these young fashionistas posted interviews with each other on TikTok. Some of the interviews went viral in June 2022 (Saraswati). So where does the name "Citayam Fashion Week" come from? Citayam is an outer area of Jakarta, which is a long way from from the wealthy central district where the young fashionistas congregate. But "Citayam" does not mean that the youths are all thought to come from that area. Instead the idea is that they could be from any poorer outer areas around the capital and have bussed or trained into town. The crosswalk they strut across is near the transport hub next to a central train station. The English-language "Fashion Week" is a tongue-in-cheek label mocking the haute couture fashion weeks around the world – events which, due to a wealth and class gap, are closed off to these teens. Strutting on the crosswalk is not limited to a single 'week' but it is an ongoing activity. The movement has spread to other parts of Indonesia, with youth parading across cross walks in other urban centres. Citayam Fashion Week became one of the major Indonesian public issues of 2022. Reaction was mixed. Some pointed to the unique street style and attitude, act, and language of the young fashionistas, some of whom became minor celebrities. The "Citayam Fashion Week" idea was also picked up by mainstream media, attracting celebrities, models, content creators, politicians and other people in the public eye. Some government voices also welcomed the social movement as promoting tourism and the creative industry. Others voiced disapproval at the youth. Their clothes were disparaged as 'tacky', reflecting deep divides in class and income in modern Jakarta. Some officials noted that they are a nuisance because they create traffic jams and loitering. Criticism also had a moral angle, in particular with commentators focused on male teens wearing feminine attire (Saraswati). Social scientists such as Oki Rahadianto (Souisa & Salim) and Saraswati see this as an expression of youth agency. These authors particularly highlight the class origins of the Citayam fashionistas being mostly from poorer outer suburbs. Their fashion displays are seen to be a way of reclaiming space for the youth in the urban landscape. Furthermore, the youths are expressing their own and unique version of youth culture. We can use the idea of threshold to provide unique insight into this phenomenon in the simple sense that the crosswalk connects one side of the road to the other. But the youth use it for something far more significant than this simple practical purpose. What is perceived to be happening is that some of the youth, who after all are in the process of transitioning from childhood to adulthood, use the crosswalk to publicly express their transition to non-normative gender and sexual identities; indeed, some of them have also transitioned to become mini celebrities in the process. Images of 'Citayam' portray young males adorned in makeup and clothes that are not identifiably masculine. They appear to be crossing gender boundaries. Other images show the distinct street fashion of these youth of exposed skin through crop tops (short tops) that show the belly, clothes with cut-out sections on various parts of the body, and ripped jeans. In a way, these youth are transgressing the taboo against exposing too much skin in public. One video is particularly interesting in light of the approach we are taking in this article as it comes from Makassar, the capital of one of Indonesia's outlying regions. "The Citayam Fashion Week phenomenon spreads to Makassar; young people become traffic (lalu lintas) ambassadors" (Kompas TV) is a news report about policewomen getting involved with young people using a crosswalk to parade their fashion. At first glance the Citayam Fashion Week portrayed in Makassar, a small city in an outlying province, is tiny compared to the scale of the movement in Jakarta. The news report shows half a dozen young males in feminine clothing and makeup. Aside from several cars in the background, there is no observable traffic that the process seems to interrupt. The news report portrays several Indonesian policewomen, all veiled, assisting and accompanying the young fashionistas. The reporter explains that the policewomen go 'hand in hand' (menggandeng) with the fashionistas. The police attempt to harness the creative energy of the youth and turn them into traffic ambassadors (duta lalu lintas). Perhaps it is going too far to state, but the term for traffic here, lalu lintas ("lalu" means to pass by or pass through, and "lintas" means "to cross"), implies that the police are assisting them in crossing thresholds. In any case, from the perspective we have adopted in this chapter, Citayam Fashion Week can be analysed in terms of thresholds as a literal road crossing turned into a place where youth can cross over gender norms and class barriers. The policewomen, with their soft, feminine abilities, attempt to transform them into exemplary citizens. Discussion: Morality, Skin, and Borders In this article, we have actually passed over two apparent contradictions in Indonesian society. In the early 2000s, Indonesian policewomen recruits were required to prove their modesty by passing a virginity test in which their hymen was inspected. Yet, at the same time they needed to be attractive. And, moreover, they were not allowed to wear the Muslim veil. They had to be modest and protect themselves from male lust but also good-looking and visible to others. The other contradiction relates to a single crosswalk or zebra crossing in downtown Jakarta, Indonesia's capital city, in 2022. Instead of using this zebra crossing simply as a place to cross the road, some youths turned it to their own ends as an impromptu 'catwalk' and posted images of their fashion on Instagram. A kind of social movement has emerged whereby Indonesian youth are fashioning their identity that contravenes gender expectations. In an inconsequential news report on the Citayam Fashion Week in Makassar, policewomen were portrayed as co-opting and redirecting the movement into an instructional opportunity in orderly road crossing. The youths could thereby transformed into good citizens. Although the two phenomena – attractive modest police virgins and a crosswalk that became a catwalk – might seem distinct, underlying the paradoxes are similar issues which can be teased out by analysing them in terms of morality, gender, and clothing in relation to borders, buffer zones, and thresholds. Veils, hymens, clothes, make-up are all politically positioned as borders worth fighting for, as necessary borders. While some border disputes can be won (such as policewomen winning the right to veil on duty, or disrupting traffic by parading one's gender-bending fashion), others are either not challenged or unsuccessfully challenged (such as ending virginity tests). These borders of moral encounter enable and provoke various responses: the ban on veiling for Indonesian policewomen was something to challenge as it undermined women’s moral position and stopped their expression of piety – things their nation wanted them to be able to do. But fighting to stop virginity testing was not permissible because even suggesting a contestation implies immorality. Only the immoral could want to get rid of virginity tests. The Citayam Fashion Week presented potentially immoral youths who corrupt national values, but with the help of policewomen, literally and figuratively holding their hand, they could be transformed into worthwhile citizens. National values were at stake in clothing and skin. Conclusion Borders and buffer zone are crucial to a nation's image of itself; whether in the geographical shape of one's country, or in clothes and skin. Douglas suggests that the human experience of boundaries can symbolise society. If she is correct, Indonesian nationalist ideas about clothing, skin, and even hymens shape how Indonesians understand their own nation. Through the three case studies we argued firstly for the importance of analysing the fashioning of the body not only as a form of border maintenance, but as truly at the centre of understanding national morality in Indonesia. Secondly, the national border may also be a way to remake the individual. People see themselves in the 'shape' of their country. As Bille stated "like skin, borders are a protective integument as well as a surface of inscription. Like the body, the nation is skin deep" (71). Thresholds are just as they imply. Passing through a threshold, we cross over one side of the border. We can potentially occupy an in-between status in, for instance, demilitarised zones. Or we can continue on to the other side. To go over a threshold such as becoming a policewoman, a teenager, a fashionista, and a mini celebrity, a good citizen can be constituted through re-fashioning the body. Fashioning one's body can be done through adorning skin with makeup or clothes, covering or revealing the skin, including particular parts of the body deemed sacred, such as the aurat, or by maintaining a special type of skin such as the hymen. The skin that is re-fashioned thus becomes a site of border contention that we argue define not only personal but national identity. Acknowledgment This article was first presented by Sharyn Graham Davies as a plenary address on 24 November 2021 as part of the Women in Asia conference. References BBC News. "Hungarian Camerawoman Who Kicked Refugees Charged." 8 Sep. 2016. 3 Oct 2022 <https://www.bbc.com/news/world-europe-37304489>. Bennett, Linda Rae. "Zina and the Enigma of Sex Education for Indonesian Muslim Youth." Sex Education 7.4 (2007): 371- 386. Bille, Franck. "Skinworlds: Borders, Haptics, Topologies." Environment and Planning D: Society & Space 36.1 (2017): 60-77. Davies, Sharyn Graham. "Skins of Morality: Bio-borders, Ephemeral Citizenship and Policing Women in Indonesia." Asian Studies Review 42.1 (2018): 69-88. Davies, Sharyn Graham, Louise M. Stone, and John Buttle. "Covering Cops: Critical Reporting of Indonesian Police Corruption." Pacific Journalism Review 22 (2016): 185-201. Douglas, Mary. "External Boundaries." In Purity and Danger: An Analysis of the Concepts of Taboo and Pollution. London: Routlege, 2002. 115-129. Entwistle, Joanne. "Preface to the Second Edition." In The Fashioned Body: Fashion, Dress and Social Theory. New York: Polity Press, 2015. 2-26. Geertz, Clifford. "Ideology as a Cultural System." In The Interpretation of Cultures. New York: Basic Books, 1973. 193-233. Human Rights Watch. "Indonesia: No End to Abusive ‘Virginity Tests’; Military, Police Claim Discriminatory Practice Is for ‘Morality Reasons." 22 Nov. 2017. 3 Oct. 2022 <https://www.hrw.org/news/2017/11/22/indonesia-no-end-abusive-virginity-tests>. King, Emerald L., and Monika Winarnita. "Fashion: Editorial." M/C Journal 25.4 (2022). Kompas TV. "Fenomena 'Citayam Fashion Week' Menular ke Makassar, Muda-mudi Ini Dijadikan Duta Lalu Lintas.” 29 July 2022 <https://www.kompas.tv/article/314063/fenomena-citayam-fashion-week-menular-ke-makassar-muda-mudi-ini-dijadikan-duta-lalu-lintas>. Leach, E.R. "Magical Hair." The Journal of the Royal Anthropological Institute of Great Britain and Ireland 88.2 (1958): 147-164. Parker, Lyn. "To Cover the Aurat: Veiling, Sexual Morality and Agency among the Muslim Minangkabau, Indonesia." Intersections 16 (2008). <http://intersections.anu.edu.au/issue16/parker.htm>. Saraswati, Asri. Citayam Fashion Week: The Class Divide and the City. 2 Aug. 2022. 3 Oct. 2002 <https://indonesiaatmelbourne.unimelb.edu.au/citayam-fashion-week-class-divide-and-the-city/>. Souisa, Hellena, and Natasya Salim. "At Citayam Fashion Week, Jakarta's Budget Fashionistas Get Their Turn on the Catwalk." ABC News 7 Aug. 2022. 3 Oct 2022. <https://www.abc.net.au/news/2022-08-07/citayam-fashion-week-indonesia-underprivileged/101291202>. Tambiah, Stanley Jeyaraja. "The Galactic Polity: The Structure of Traditional Kingdoms in Southeast Asia." The Annals of the New York Academy of Sciences 293 (1977): 69-97. Turner, Victore W. "Betwixt and Between: The Liminal Period in Rites de Passage." In William Armand Lessa and Evon Zartman Vogt (eds.), Reader in Comparative Religion: An Anthropological Approach. London: Harper Collins, 1979 [1964]. 234-243. Van Gennep, Arnold. The Rites of Passage. London: Routledge 2004.
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31

Zimmerman, Anne. "Forced Organ Harvesting." Voices in Bioethics 9 (March 21, 2023). http://dx.doi.org/10.52214/vib.v9i.11007.

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Photo by 187929822 © Victor Moussa | Dreamstime.com INTRODUCTION The nonconsensual taking of a human organ to use in transplantation medicine violates ethical principles, including autonomy, informed consent, and human rights, as well as criminal laws. When such an organ harvesting is not just nonconsensual, but performed in a way that causes a death or uses the pretense of brain death without meeting the criteria, it also violates the dead donor[1] rule.[2] The dead donor rule is both ethical and legal. It prevents organ retrieval that would predictably cause the death of the organ donor.[3] Retrieval of a vital organ is permissible only after a declaration of death.[4] Forced organ harvesting may breach the dead donor rule as it stands. A reimagined, broader dead donor rule could consider a larger timeframe in the forced organ harvesting context. In doing so, the broad dead donor rule could cover intent, premeditation, aiding and abetting, and due diligence failures. A broad definition of forced organ harvesting is ‘‘the removal of one or more organs from a person by means of coercion, abduction, deception, fraud, or abuse of power. . .’’[5] A more targeted definition is “[t]he killing of a person so that their organs may be removed without their free, voluntary and informed consent and transplanted into another person.”[6] In the global organ harvesting context, forced organ harvesting violates the World Health Organization (WHO) Guiding Principle 3, which says “live organ donors should be acting willingly, free of any undue influence or coercion.”[7] Furthermore, WHO states live donors should be “genetically, legally, or emotionally” attached to the recipient. Guiding Principle 1 applies to deceased donors, covers consent, and permits donation absent any known objections by the deceased.[8] Principle 7 says, “Physicians and other health professionals should not engage in transplantation procedures, and health insurers and other payers should not cover such procedures if the cells, tissues or organs concerned have been obtained through exploitation or coercion of, or payment to, the donor or the next of kin of a deceased donor.”[9] There are underground markets in which organ hunters prey on the local poor in countries with low wages and widespread poverty[10] and human trafficking that targets migrants for the purpose of organ harvesting.[11] This paper explores forced harvesting under the backdrop of the dead donor rule, arguing that a human rights violation so egregious requires holding even distant participants in the chain of events accountable. By interfering with resources necessary to carry out bad acts, legislation and corporate and institutional policies can act as powerful deterrents. A broader dead donor rule would highlight the premeditation and intent evidenced well before the act of organ retrieval. I. Background and Evidence In China, there is evidence that people incarcerated for religious beliefs and practices (Falun Gong) and ethnic minorities (Uyghurs) have been subjects of forced organ harvesting. A tribunal (the China Tribunal) found beyond a reasonable doubt that China engaged in forced organ harvesting.[12] Additionally, eight UN Special Rapporteurs found a system of subjecting political prisoners and prisoners of conscience to blood tests and radiological examinations to determine the fitness of their organs.[13] As early as 2006, investigators found evidence of forced organ harvesting from Falun Gong practitioners. [14] Over a million Uyghurs are in custody there, and there is ample evidence of biometric data collection.[15] An Uyghur tribunal found evidence of genocide.[16] “China is the only country in the world to have an industrial-scale organ trafficking practice that harvests organs from executed prisoners of conscience.”[17] Witnesses testified to the removal of organs from live people without ample anesthesia,[18] summonses to the execution grounds for organ removal,[19] methods of causing death for the purpose of organ procurement,[20] removing eyes from prisoners who were alive,[21] and forcing live prisoners into operating rooms.[22] The current extent of executions to harvest organs from prisoners of conscience in China is unknown. The Chinese press has suggested surgeons in China will perform 50,000 organ transplants this year.[23] Doctors Against Forced Organ Harvesting (DAFOR) concluded, “[f]orced organ harvesting from living people has occurred and continues to occur unabated in China.”[24] China continues to advertise in multiple languages to attract transplant tourists.[25] Wait times for organs seem to remain in the weeks.[26] In the United States, it is common to wait three to five years.[27] II. The Nascent System of Voluntary Organ Donation in China In China, throughout the 1990s and early 2000s, the supply of organs for transplant was low, and there was not a national system to register as a donor. A 1984 act permitted death row prisoners to donate organs.[28] In 2005, a Vice Minister acknowledged that 95 percent of all organ transplants used organs from death row prisoners.[29] In 2007 the planning of a voluntary system to harvest organs after cardiac death emerged. According to a Chinese publication, China adopted brain death criteria in 2013.[30] There had been public opposition due partly to cultural unfamiliarity with it.[31] Cultural values about death made it more difficult to adopt a universal brain death definition. Both Buddhist and Confucian beliefs contradicted brain death.[32] Circulatory death was traditionally culturally accepted.[33] The Ministry of Health announced that by 2015 organ harvesting would be purely voluntary and that prisoners would not be the source of organs.[34] There are cultural barriers to voluntary donation partly due to a Confucian belief that bodies return to ancestors intact and other cultural and religious beliefs about respect for the dead.[35] An emphasis on family and community over the individual posed another barrier to the Western approach to organ donation. Public awareness and insufficient healthcare professional knowledge about the process of organ donation are also barriers to voluntary donation.[36] Although the Chinese government claims its current system is voluntary and no longer exploits prisoners,[37] vast evidence contradicts the credibility of the voluntary transplant program in China.[38] III. Dead Donor Rule: A Source of Bioethical Debate It seems tedious to apply this ethical foundation to something as glaring as forced organ harvesting. But the dead donor rule is a widely held recognition that it is not right to kill one person to save another.[39] It acts as a prohibition on killing for the sake of organ retrieval and imposes a technical requirement which influences laws on how death is declared. The dead donor rule prevents organ harvesting that causes death by prohibiting harvesting any organ which the donor agreed to donate only after death prior to an official declaration of death. There is an ongoing ethical debate about the dead donor rule. Many in bioethics and transplant medicine would justify removing organs in specific situations prior to a declaration of death, abandoning the rule.[40] Some use utilitarian arguments to justify causing the death of someone who is unconscious and on life support irreversibly. Journal articles suggest that the discussion has moved to one of timing and organ retrieval.[41] Robert Truog and Franklin Miller are critics of the dead donor rule, arguing that, in practice, it is not strictly obeyed: removing organs while a brain-dead donor is still on mechanical ventilation and has a beating heart and removing organs right after life support is removed and cardio-pulmonary death is declared both might not truly meet the requirement of the dead donor rule, making following the rule “a dubious norm.”[42] Miller and Truog question the concept of brain death, citing evidence of whole body integrated functions that continue indefinitely. They challenge cardio-pulmonary death, asserting that the definition includes as dead, those who could be resuscitated. Their hearts could resume beating with medical intervention. Stopping life support causes death only in those whose lives are sustained by it. Some stipulate that the organ retrieval must not itself cause the death. Some would rejigger the cause of death: Daniel Callahan suggests that the underlying condition causes the death despite removal of life support.[43] But logically, a person could continue life support and be alive, so clearly, removing life support does cause death. Something else would have caused brain death or the circumstance that landed the person on mechanical ventilation. To be more accurate, one could say X caused the irreversible coma and removing life support caused the death itself. Miller and Truog take the position that because withdrawal of life support does cause death, the dead donor rule should be defunct as insincere. To them, retrieving vital organs from a technically alive donor should be permissible under limited conditions. They look to the autonomous choices of the donor or the surrogate (an autonomy-based argument). They appreciate the demand for organs and the ability to save lives, drawing attention to those in need of organs. Live donor organ retrieval arguably presents a slippery slope, especially if a potential donor is close to death, but not so close to label it imminent. They say physicians would not be obligated to follow the orders of a healthy person wishing to have vital organs removed, perhaps to save a close friend or relative. Similarly, Radcliffe-Richards, et al. argue that there is no reason to worry about the slippery slope of people choosing death so they can sell their vital organs, whether for money for their decedents or their creditors.[44] The movement toward permissibility and increased acceptance of medical aid in dying also influence the organ donation arena. The slippery slope toward the end of life has potential to become a realistic concern. Older adults or other people close to death may want to donate a vital organ, like their heart, to a young relative in need. That could greatly influence the timing of a decision to end one’s life. IV. Relating the Dead Donor Rule to Forced Organ Harvesting There is well documented evidence that in China organs have been removed before a declaration of death.[45] But one thing the dead donor rule does not explicitly cover is intent and the period prior to the events leading to death. It tends to apply to a near-death situation and is primarily studied in its relationship to organ donation. It is about death more than it is about life. Robertson and Lavee investigated data on transplantation of vital organs in China and they document cases where the declaration of death was a pretense, insincere, and incorrect. Their aim was to investigate whether the prisoners were in fact dead prior to organ harvesting.[46] (The China Tribunal found that organs have been removed from live prisoners and that organ harvesting has been the cause of death.) They are further concerned with the possible role of doctors as executioners, or at least as complicit in the execution as the organ harvesting so closely follows it. V. A Broader Dead Donor Rule A presumed ethical precursor to the dead donor rule may also be an important ethical extension of the rule: the dead donor rule must also prohibit killing a person who is not otherwise near death for the purpose of post-death organ harvesting. In China, extra-judicial killings of prisoners of conscience are premeditated ― there is ample evidence of blood tests and radiology to ensure organ compatibility and health.[47] To have effective ethical force, the dead donor rule should have an obvious application in preventing intentional killing for an organ retrieval, not just killing by way of organ retrieval. When we picture the dead donor rule, bioethicists tend to envision a person on life support who will either be taken off it and stop breathing or who will be declared brain dead. But the dead donor rule should apply to healthy people subject to persecution at the point when the perpetrator lays the ground for the later killing. At that point, many organizations and people may be complicit or unknowingly contributing to forced organ harvesting. In this iteration of the dead donor rule, complicity in its violations would be widespread. The dead donor rule could address the initial action of ordering a blood or radiology test or collecting any biometric data. Trained physicians and healthcare technicians perform such tests. Under my proposed stretch of the dead donor rule, they too would be complicit in the very early steps that eventually lead to killing a person for their organs. I argue these steps are part of forced organ harvesting and violate the dead donor rule. The donor is very much alive in the months and years preceding the killing. A conspiracy of indifference toward life, religious persecution, ethnic discrimination, a desire to expand organ transplant tourism, and intent to kill can violate this broader dead donor rule. The dead donor rule does not usually apply to the timing of the thought of organ removal, nor the beginning of the chain of events that leads to it. It is usually saved for the very detailed determination of what may count as death so that physicians may remove vital and other organs, with the consent of the donor.[48] But I argue that declaring death at the time of retrieval may not be enough. Contributing to the death, even by actions months or years in advance, matter too. Perhaps being on the deathbed awaiting a certain death must be distinguished from going about one’s business only to wind up a victim of forced organ harvesting. Both may well be declared dead before organ retrieval, but the likeness stops there. The person targeted for future organ retrieval to satisfy a growing transplant tourism business or local demand is unlike the altruistic person on his deathbed. While it may seem like the dead donor rule is merely a bioethics rule, it does inform the law. And it has ethical heft. It may be worth expanding it to the arena of human trafficking for the sake of organ removal and forced organ harvesting.[49] The dead donor rule is really meant to ensure that death was properly declared to protect life, something that must be protected from an earlier point. VI. Complicity: Meaning and Application Human rights due diligence refers to actions that people or institutions must take to ensure they are not contributing to a human rights violation. To advise on how to mitigate risk of involvement or contribution to human rights violations, Global Rights Compliance published an advisory that describes human rights due diligence as “[t]he proactive conduct of a medical institution and transplant-associated entity to identify and manage human rights risks and adverse human rights impacts along their entire value and supply chain.”[50] Many people and organizations enable forced organ harvesting. They may be unwittingly complicit or knowingly aiding and abetting criminal activity. For example, some suppliers of medical equipment and immunosuppressants may inadvertently contribute to human rights abuses in transplantation in China, or in other countries where organs were harvested without consent, under duress, or during human trafficking. According to Global Rights Compliance, “China in the first half of 2021 alone imported ‘a total value of about 24 billion U.S. dollars’ worth of medical technology equipment’, with the United States and Germany among the top import sources.”[51] The companies supplying the equipment may be able to slow or stop the harm by failing to supply necessary equipment and drugs. Internal due diligence policies would help companies analyze their suppliers and purchasers. Corporations, educational institutions, and other entities in the transplantation supply chain, medical education, insurance, or publishing must engage in human rights due diligence. The Global Rights Compliance advisory suggests that journals should not include any ill-gotten research. Laws should regulate corporations and target the supply chain also. All actors in the chain of supply, etc. are leading to the death of the nonconsenting victim. They are doing so while the victim is alive. The Stop Forced Organ Harvesting Act of 2023, pending in the United States, would hold any person or entity that “funds, sponsors, or otherwise facilitates forced organ harvesting or trafficking in persons for purposes of the removal of organs” responsible. The pending legislation states that: It shall be the policy of the United States—(1) to combat international trafficking in persons for purposes of the removal of organs;(2) to promote the establishment of voluntary organ donation systems with effective enforcement mechanisms in bilateral diplomatic meetings and in international health forums;(3) to promote the dignity and security of human life in accordance with the Universal Declaration of Human Rights, adopted on December 10, 1948; and(4) to hold accountable persons implicated, including members of the Chinese Communist Party, in forced organ harvesting and trafficking in persons for purposes of the removal of organs.[52] The Act calls on the President to provide Congress a list of such people or entities and to sanction them by property blocking, and, in the case of non-US citizens, passport and visa denial or revocation. The Act includes a reporting requirement under the Foreign Assistance Act of 1961 that includes an assessment of entities engaged in or supporting forced organ harvesting.[53] The law may have a meaningful impact on forced organ harvesting. Other countries have taken or are in the process of legal approaches as well.[54] Countries should consider legislation to prevent transplant tourism, criminalize complicity, and require human rights due diligence. An expanded dead donor rule supports legal and policy remedies to prevent enabling people to carry out forced organ harvesting. VII. Do Bioethicists Mention Human Rights Abuses and Forced Organ Harvesting Enough? As a field, bioethics literature often focuses on the need for more organs, the pain and suffering of those on organ transplant waitlists, and fairness in allocating organs or deciding who belongs on which waitlist and why. However, some bioethicists have drawn attention to forced organ harvesting in China. Notably, several articles noted the ethical breaches and called on academic journals to turn away articles on transplantation from China as they are based on the unethical practice of executing prisoners of conscience for their organs.[55] The call for such a boycott was originally published in a Lancet article in 2011.[56] There is some acknowledgement that China cares about how other countries perceive it,[57] which could lead to either improvements in human rights or cover-ups of violations. Ill-gotten research has long been in the bioethics purview with significant commentary on abuses in Tuskegee and the Holocaust.[58] Human research subjects are protected by the Declaration of Helsinki, which requires acting in the best interests of research subjects and informed consent among other protections.[59] The Declaration of Helsinki is directed at physicians and requires subjects enroll in medical research voluntarily. The Declaration does not explicitly cover other healthcare professionals, but its requirements are well accepted broadly in health care. CONCLUSION The dead donor rule in its current form really does not cover the life of a non-injured healthy person at an earlier point. If it could be reimagined, we could highlight the link between persecution for being a member of a group like Falun Gong practitioners or Uyghurs as the start of the process that leads to a nonconsensual organ retrieval whether after a proper declaration of death or not. It is obviously not ethically enough to ensure an execution is complete before the organs are harvested. It is abuse of the dead donor rule to have such a circumstance meet its ethical requirement. And obviously killing people for their beliefs or ethnicity (and extra-judicial killings generally) is not an ethically acceptable action for many reasons. The deaths are intentionally orchestrated, but people and companies who may have no knowledge of their role or the role of physicians they train or equipment they sell are enablers. An expanded dead donor rule helps highlight a longer timeframe and expanded scope of complicity. The organ perfusion equipment or pharmaceuticals manufactured in the United States today must not end up enabling forced organ harvesting. With an expanded ethical rule, the “donor is not dead” may become “the donor would not be dead if not for. . .” the host of illegal acts, arrests without cause, forced detention in labor camps, extra-judicial killings, lacking human rights due diligence, and inattention to this important topic. The expanded dead donor rule may also appeal to the bioethics community and justify more attention to laws and policies like the Stop Forced Organ Harvesting Act of 2023. - [1] The word “donor” in this paper describes any person from whom organs are retrieved regardless of compensation, force, or exploitation in keeping with the bioethics literature and the phrase “dead donor rule.” [2] Robertson, M.P., Lavee J. (2022). Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [3] Robertson, J. A. (1999). Delimiting the donor: the dead donor rule. Hastings Center Report, 29(6), 6-14. [4] Retrieval of non-vital organs which the donor consents to donate post-death (whether opt-in, opt-out, presumed, or explicit according to local law) also trigger the dead donor rule. [5] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023), https://www.congress.gov/bill/118th-congress/house-bill/1154. [6] Do No Harm: Mitigating Human Rights Risks when Interacting with International Medical Institutions & Professionals in Transplantation Medicine, Global Rights Compliance, Legal Advisory Report, April 2022, https://globalrightscompliance.com/project/do-no-harm-policy-guidance-and-legal-advisory-report/. [7] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation, as endorsed by the sixty-third World Health Assembly in May 2010, in Resolution WHA63.22 https://apps.who.int/iris/bitstream/handle/10665/341814/WHO-HTP-EHT-CPR-2010.01-eng.pdf?sequence=1. [8] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation (2010). [9] WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation (2010). [10] Promchertchoo, Pichayada (Oct. 19, 2019). Kidney for sale: Inside Philippines’ illegal organ trade. https://www.channelnewsasia.com/asia/kidney-for-sale-philippines-illegal-organ-trade-857551; Widodo, W. and Wiwik Utami (2021), The Causes of Indonesian People Selling Covered Kidneys from a Criminology and Economic Perspective: Analysis Based on Rational Choice Theory. European Journal of Political Science Studies, Vol 5, Issue 1. [11] Van Reisen, M., & Mawere, M. (Eds.). (2017). Human trafficking and trauma in the digital era: The ongoing tragedy of the trade in refugees from Eritrea. African Books Collective. [12] The Independent Tribunal into Forced Organ Harvesting from Prisoners of Conscience in China (China Tribunal) (2020). https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf [13] UN Office of the High Commissioner, Press Release, China: UN human Rights experts alarmed by ‘organ harvesting’ allegations (UN OTHCHR, 14 June 2021), https://www.ohchr.org/en/press-releases/2021/06/china-un-human-rights-experts-alarmed-organ-harvesting-allegations. [14] David Matas and David Kilgour, Bloody Harvest. The killing of Falun Gong for their organs (Seraphim Editions 2009). [15] How China is crushing the Uyghurs, The Economist, video documentary, July 9, 2019, https://youtu.be/GRBcP5BrffI. [16] Uyghur Tribunal, Judgment (9 December 2021) (Uyghur Tribunal Judgment) para 1, https://uyghurtribunal.com/wp-content/uploads/2022/01/Uyghur-Tribunal-Judgment-9th-Dec-21.pdf. [17] Ali Iqbal and Aliya Khan, Killing prisoners for transplants: Forced organ harvesting in China, The Conversation Published: July 28, 2022. https://theconversation.com/killing-prisoners-for-transplants-forced-organ-harvesting-in-china-161999 [18] Testimony demonstrated surgeries to remove vital organs from live people, killing them, sometimes without ample anesthesia to prevent wakefulness and pain. China Tribunal (2020), p. 416-417. https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf; Robertson MP, Lavee J. (2022), Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [19] Doctors reported being summoned to execution grounds and told to harvest organs amid uncertainty that the prisoner was in fact dead. China Tribunal (2020), p. 52-53. [20]In testimony to the China Tribunal, Dr. Huige Li noted four methods of organ harvesting from live prisoners: incomplete execution by shooting, after lethal injection prior to death, execution by removal of the heart, and after a determination of brain death prior to an intubation (pretense of brain death). China Tribunal (2020), pp. 54-55. https://chinatribunal.com/wp-content/uploads/2020/03/ChinaTribunal_JUDGMENT_1stMarch_2020.pdf [21] A former military medical student described removing organs from a live prisoner in the late 1990s. He further described his inability to remove the eyes of a live man and his witnessing another doctor forcefully remove the man’s eyes. China Tribunal (2020), p. 330. [22] In 2006, a nurse testified that her ex-husband, a surgeon, removed the eyes of 2,000 Falun Gong practitioners in one hospital between 2001 and 2003. She described the Falun Gong labor-camp prisoners as being forced into operating rooms where they were given a shot to stop their hearts. Other doctors removed other organs. DAFOH Special Report, 2022. https://epochpage.com/wp-content/uploads/sites/3/2022/12/DAFOH-Special-Report-2022.pdf [23] Robertson MP, Lavee J. (2022), Execution by organ procurement: Breaching the dead donor rule in China. Am J Transplant, Vol.22,1804– 1812. doi:10.1111/ajt.16969. [24] DAFOH Special Report, 2022. https://epochpage.com/wp-content/uploads/sites/3/2022/12/DAFOH-Special-Report-2022.pdf; DAFOH’s physicians were nominated for a Nobel Prize for their work to stop forced organ harvesting. Šućur, A., & Gajović, S. (2016). Nobel Peace Prize nomination for Doctors Against Forced Organ Harvesting (DAFOH) - a recognition of upholding ethical practices in medicine. Croatian medical journal, 57(3), 219–222. https://doi.org/10.3325/cmj.2016.57.219 [25] Robertson and Lavee (2022). [26] Stop Organ Harvesting in China, website (organization of the Falun Dafa). https://www.stoporganharvesting.org/short-waiting-times/ [27] National Kidney Foundation, The Kidney Transplant Waitlist – What You Need to Know, https://www.kidney.org/atoz/content/transplant-waitlist [28] Wu, Y., Elliott, R., Li, L., Yang, T., Bai, Y., & Ma, W. (2018). Cadaveric organ donation in China: a crossroads for ethics and sociocultural factors. Medicine, 97(10). [29] Wu, Elliott, et al., (2018). [30] Su, Y. Y., Chen, W. B., Liu, G., Fan, L. L., Zhang, Y., Ye, H., ... & Jiang, M. D. (2018). An investigation and suggestions for the improvement of brain death determination in China. Chinese Medical Journal, 131(24), 2910-2914. [31] Huang, J., Millis, J. M., Mao, Y., Millis, M. A., Sang, X., & Zhong, S. (2012). A pilot programme of organ donation after cardiac death in China. The Lancet, 379(9818), 862-865. [32] Yang, Q., & Miller, G. (2015). East–west differences in perception of brain death: Review of history, current understandings, and directions for future research. Journal of bioethical inquiry, 12, 211-225. [33] Huang, J., Millis, J. M., Mao, Y., Millis, M. A., Sang, X., & Zhong, S. (2015). Voluntary organ donation system adapted to Chinese cultural values and social reality. Liver Transplantation, 21(4), 419-422. [34] Huang, Millis, et al. (2015). [35] Wu, X., & Fang, Q. (2013). Financial compensation for deceased organ donation in China. Journal of Medical Ethics, 39(6), 378-379. [36] An, N., Shi, Y., Jiang, Y., & Zhao, L. (2016). Organ donation in China: the major progress and the continuing problem. Journal of biomedical research, 30(2), 81. [37] Shi, B. Y., Liu, Z. J., & Yu, T. (2020). Development of the organ donation and transplantation system in China. Chinese medical journal, 133(07), 760-765. [38] Robertson, M. P., Hinde, R. L., & Lavee, J. (2019). Analysis of official deceased organ donation data casts doubt on the credibility of China’s organ transplant reform. BMC Medical Ethics, 20(1), 1-20. [39] Miller, F.G. and Sade, R. M. (2014). Consequences of the Dead Donor Rule. The Annals of thoracic surgery, 97(4), 1131–1132. https://doi.org/10.1016/j.athoracsur.2014.01.003 [40] For example, Miller and Sade (2014) and Miller and Truog (2008). [41] Omelianchuk, A. How (not) to think of the ‘dead-donor’ rule. Theor Med Bioeth 39, 1–25 (2018). https://doi-org.ezproxy.cul.columbia.edu/10.1007/s11017-018-9432-5 [42] Miller, F.G. and Truog, R.D. (2008), Rethinking the Ethics of Vital Organ Donations. Hastings Center Report. 38: 38-46. [43] Miller and Truog, (2008), p. 40, citing Callahan, D., The Troubled Dream of Life, p. 77. [44] Radcliffe-Richards, J., Daar, A.S., Guttman, R.D., Hoffenberg, R., Kennedy, I., Lock, M., Sells, R.A., Tilney, N. (1998), The Case for Allowing Kidney Sales, The Lancet, Vol 351, p. 279. (Authored by members of the International Forum for Transplant Ethics.) [45] Robertson and Lavee, (2022). [46] Robertson and Lavee, (2022). [47] China Tribunal (2020). [48] Consent varies by local law and may be explicit or presumed and use an opt-in or opt-out system and may or may not require the signoff by a close family member. [49] Bain, Christina, Mari, Joseph. June 26, 2018, Organ Trafficking: The Unseen Form of Human Trafficking, ACAMS Today, https://www.acamstoday.org/organ-trafficking-the-unseen-form-of-human-trafficking/; Stammers, T. (2022), "2: Organ trafficking: a neglected aspect of modern slavery", Modern Slavery and Human Trafficking, Bristol, UK: Policy Press. https://bristoluniversitypressdigital.com/view/book/978144736. [50] Do No Harm: Mitigating Human Rights Risks when Interacting with International Medical Institutions & Professionals in Transplantation Medicine, Global Rights Compliance, Legal Advisory Report, April 2022, https://globalrightscompliance.com/project/do-no-harm-policy-guidance-and-legal-advisory-report/. [51] Global Rights Compliance, p. 22. [52] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023). https://www.congress.gov/bill/118th-congress/house-bill/1154. [53] The Stop Forced Organ Harvesting Act of 2023, H.R. 1154, 118th Congress (2023), https://www.congress.gov/bill/118th-congress/house-bill/1154. [54] Global Rights Compliance notes that Belgium, France (passed law on human rights due diligence in the value supply chain), United Kingdom, United States, Canada, Australia, and New Zealand have legal approaches, resolutions, and pending laws. p. 45. [55] For example, Caplan, A.L. (2020), The ethics of the unmentionable Journal of Medical Ethics 2020;46:687-688. [56] Caplan, A.L. , Danovitch, G., Shapiro M., et al. (2011) Time for a boycott of Chinese science and medicine pertaining to organ transplantation. Lancet, 378(9798):1218. doi:10.1016/S0140-6736(11)61536-5 [57] Robertson and Lavee. [58] Smolin, D. M. (2011). The Tuskegee syphilis experiment, social change, and the future of bioethics. Faulkner L. Rev., 3, 229; Gallin, S., & Bedzow, I. (2020). Holocaust as an inflection point in the development of bioethics and research ethics. Handbook of research ethics and scientific integrity, 1071-1090. [59] World Medical Association Declaration of Helsinki: Ethical Principles for Medical Research Involving Human Subjects, adopted by the 18th WMA General Assembly, Helsinki, Finland, June 1964, and amended multiple times, most recently by the 64th WMA General Assembly, Fortaleza, Brazil, October 2013. https://www.wma.net/policies-post/wma-declaration-of-helsinki-ethical-principles-for-medical-research-involving-human-subjects/
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Rondón-Ayala, José A. "Cáncer hereditario de colon no polipósico asociado a adenocarcinoma de endometrio, piel actínica y consanguinidad. A propósito de un caso." Bionatura 3, no. 4 (November 15, 2018). http://dx.doi.org/10.21931/rb/2018.03.04.10.

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