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The widespread use of e-commerce platforms in the era of the industrial revolution 4.0 cannot be separated from concerns about the use of personal data by these platforms without the consent of consumers. This can lead to misuse of consumers' personal data and causing losses. For this reason, regulations that protect consumer personal data from this are needed. In this regard, the existing legal instruments in Indonesia to protect personal data in general has been regulated in Law Number 27 of 2022 concerning Personal Data Protection and Government Regulation of the Republic of Indonesia Number 80 of 2019 concerning Trading Through Electronic Systems (PP 80/2019). The problem is, these regulations do not provide an affirmation regarding the terms and conditions of the format that must be made by e-commerce platforms, thus that they are often made with lengthy and complex legal language which results in the impression that consumers agree to the use of personal data, even though they do not know it. Regarding this problem, the authors provide recommendations for adding provisions to PP 80/2019 which contains a brief, clear, and simple format of terms and conditions that must be made by e-commerce platforms in relation to the use of personal data.

Despite a growing need for mental health services for adolescents, treatment access among adolescents remains poor. Psychologists practicing in the United States are subject to highly variable legal standards for consent and confidentiality of minor clients, which can further suppress treatment accessibility. States permit independent consent for minors according to a wide range of criteria, but whether these criteria are empirically derived remains unknown. Inconsistencies between the law and ethical obligations for psychologists can expose minor clients to harm and force psychologists to make disclosures that violate patients' rights and ethical standards. These harms may be particularly severe for clients from vulnerable populations such as sexuality and gender diverse youth (SGDY). To prevent ethical dilemmas, psychologists and professional organizations should work toward an empirical understanding of the adolescent capacity to consent to mental health care and use that understanding to promote uniform consent and confidentiality standards. [ABSTRACT FROM AUTHOR]

Background Although biobanks have become fundamental to many research centers and contribute to medical development, they generate many ethical and legal issues that may discourage patients from donating. Materials and Methods To understand patients' perception of ethical and legal issues related to biobanks we conducted a survey among 548 Polish patients with cancer. Results While 93.1% of patients with cancer declared themselves willing to donate biospecimens left over after a medical procedure to a biobank, most opted for one-time consent or study-specific consent, blanket consent being less frequently preferred. Many patients believed that future use of previously collected tissues require second contact. Most patients preferred pseudonymization over anonymization of the data, and supported donors' right to withdraw informed consent at any given moment. Finally, while personal health information was the most expected form of compensation for donation, most patients suggested that all parties, including the biobank concerned, the sponsors of the research, and the donors, should own the rights to cancer tissues donated and profit from the biobank research. Patients' opinions on the ethical and legal issues related to biobank research were associated with age, sex, religiosity, education level, and place of residence. Conclusions Since biobanks generate ethical and legal issues related to informed consent, data protection and storage, as well as the sharing of biosamples, tissue ownership, and profit sharing, that may discourage patients from donation, when asking a patient for a donation, healthcare professionals should communicate in a donor-centered manner and address patients' ethical and moral concerns related to donation and offer resources to help manage these concerns. [ABSTRACT FROM AUTHOR]

he United Nations Convention on the Rights of the Child (UNCRC) related to the rights of the child, on the one hand, in articles 12, 13, 14 and 15, regulates the freedoms of thought, opinion, conscience and religion, as well as association and free expression, on the other hand. Objectives: also, the holders of obligations for the child’s best interest have the duty to turn these rights into reality as a direct guarantee of respecting their interests. Therefore, the state has an obligation to create the possibility that no child is marginalized in the realization of these fundamental freedoms through all possible measures. Research methods: right compared to the position in Rep. Moldova, USA, Georgia, etc. in relation to legislative changes, jurisprudence with special regard to the cases resolved by the ECHR in the field, theoretical methods such as the comparative, historical, sociological method of course regarding the discernment of the child, because the methods used are strictly subordinate to the proposed purpose. Results and implications of the study: the Committee on the Rights of the Child (CRC), in its general comment no. 12 (2009), shows that the practices through which the contribution of children is required to rise to certain levels of honest and moral participation of children.

Précis: The administration of Pre-Mortem Interventions (PMIs) to preserve the opportunity to donate, to assess the eligibility to donate, or to optimize the outcomes of donation and transplantation are controversial as they offer no direct medical benefit and include at least the possibility of harm to the still-living patient. In this article, we describe the legal analysis surrounding consent to PMIs, drawing on existing legal commentary and identifying key legal problems. We provide an overview of the approaches in several jurisdictions that have chosen to explicitly address PMIs within codified law. We then provide, as an example, a detailed exploration of how PMIs are likely to be addressed in one jurisdiction where general medical consent law applies because there is no specific legislation addressing PMIs — the province of Ontario in Canada. [ABSTRACT FROM AUTHOR]

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

In this paper, Peter Ellis discusses the topic of mental capacity. What is legal capacity, and why is it so important? [ABSTRACT FROM AUTHOR]

This research is concerned with studying the consent in contracting by electronic means with any person in general، and with a professional in particular، in the light of the French civil code، amended by the ordinance No.2016-131 dated February 10، 2016 concerning reforms of the law of contract، general regime and proof of obligations. The study is aimed at the benefit of the Iraqi law from the special rules of the new French law of contract as exemplary rules، concerning the expression of the consent in contracting by electronic means، particularly with a professional. The problem of the study lies in how to fill the gaps in both the Iraqi civil law No.40 of 1951، and the law of electronic signature and electronic bargains No.78 of 2012 regarding the up-to-date requirements and modalities of the consent in contracting by electronic means، and its components of the offer and acceptance. To achieve this aim، the study adopts the comparative analytical methodology of legal research. The most significant findings that the study reached are the considerable shortage of the legal regulation and the rules concerning the consent in contracting by electronic means in the Iraqi civil law، as compared to the detailed regulation of this topic in the French law of contract. Finally the study suggested many recommendations to the Iraqi legislator to follow suit the new rules of the French law of contract particularly the article (1127).

Consent is an essential part of healthcare practice, allowing patients to make autonomous decisions. However, this changes when a patient has mental incapacity or is unable to make decisions for themselves for a duration of time. This month's Policy column looks at some of the key principles of the Mental Capacity Act 2005, and how this can be applied in community nursing practice. [ABSTRACT FROM AUTHOR]

The majority of the literature focused on whether consent should be extended to the adolescent population arises from themes adapted from American tort law. In contrast to the USA, Ontario does not delineate an age of consent for medical treatment and relying on American guidelines to guide practice in Ontario is problematic. While the literature is saturated with discussions for and against seeking adolescent consent, there are currently no bioethical guidelines on adolescent consent in the province of Ontario. This paper explores adolescent refusal of care and adolescent request for care in opposition to parental wishes. The paper seeks to answer the following questions: What is the difference between an adolescent and an adult in medical decision-making? What are the barriers to seeking adolescent consent? And, can the neurobiological argument be an accurate guide for obtaining adolescent consent? [ABSTRACT FROM AUTHOR]

The richness and complexity of consent present challenges to those aiming to make related contributions to computer information systems (CIS). This paper aims to support consent-related research in CIS by simplifying the understanding of existing literature and facilitating the framing of future consent management research. Firstly, it outlines existing consent management research and shows how it relates to the literature in law and ethics. Secondly, it presents some fundamental explanations and definitions that must be considered for further contributions to the consent management literature. Thirdly, it identifies five types of consent-related stances often taken in the consent management literature and explains each in some detail. Fourth, it explains one of the identified types of stances (i.e., the disciplinary stance) by expanding on the links between consent as a legal construct and its ethical counterpart. Fifth, considering another of the identified types of stances (i.e., the theoretical stances normally adopted in the consent management literature), the paper presents the key requirements for legally and ethically effective consent management based on three prominent theories. Sixth, it presents the identified types of stances in a conceptual model, contending that the model is novel, relevant, understandable, and useful. [ABSTRACT FROM AUTHOR]

The major focus of this research is the level of awareness among Dutch parents of general patient rights in relation to minors' patient rights. Moreover, this study is intended to highlight the most effective strategies to increase the awareness of general and minor patient rights in the Netherlands. A survey was conducted among 1010 Dutch parents aged between 35 and 55 years who had at least one child. In this study, we described the relationship between the knowledge among parents of general patient rights and their understanding of the patient rights of minors. A significant connection was found between the knowledge levels of general patient rights and the knowledge levels of the patient rights of minors (p < 0.05 [95% CI: 0.019–0.183]). While age and sex (male/female) did not appear to be significant confounders in this association, the educational background of the participants may have played a role. This study provides comprehensive insights into the association between the knowledge of general patient rights and the patient rights of minors among Dutch parents. Furthermore, this study points out that there is a need for focused educational interventions to address specific areas of misunderstanding or uncertainty. [ABSTRACT FROM AUTHOR]

The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data collector’ without any legal consequences as long as the original ‘collector’ has received consent either derived via a contract or other means. This data transaction from one ‘collector’ to another is often carried out by automated means; it is easily technically possible and is therefore considered to not negatively affect the rights and freedoms of others. This right to data transfer is guaranteed when it comes to data collected in the public interest or in the exercise of public powers conferred on the ‘collector’. The main precedent to the right to data portability is the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with respect to the processing of personal data and their free circulation, which repeals Directive 95/46/EC (General Data Protection Regulation). In Article 20, this regulation discusses the right to data portability, establishing the basic guidelines for this right. Thus, a new personal right is guaranteed, given the context of the general protection of data. In order to strengthen control over their own data, a natural person must also be allowed to receive data in the same structured way.

Background: "In Law, a man is guilty when he violates the rights of others. In Ethics, he is guilty if he only thinks of doing so."—Immanuel Kant Medical ethics and law are integral components to ensure that healthcare is provided to the community with care and concern. It provides certain standards for health professionals to discharge the duties with utmost consideration to a suffering human being even as the society receives it with full faith and trust. Purpose: Ethics and law are both complementary in nature.They serve similar purposes and establish certain ground rules which help in guiding human behavior. Law consists of rules and regulations that govern society and helps in maintaining the order. It is developed externally and enforced to protect the citizens. Ethics, by its very meaning, is more subjective and consists of certain principles that guide individual behavior. It is more dictated by one's morals, values and integrity. The purpose of the code of ethics is to serve as a guide for individuals to perform their duties with integrity. Methods: There are 4 pillars of medical ethics which are defined as autonomy—respect for patient rights; beneficence—the duty to do good; non-maleficence—the duty to "not to do bad"; justice—to treat all people equally and equitably. This article is an attempt to introspect the relationship between medical ethics and law. Results: Medical ethics have been present from the time of Hippocrates' oath. Modern medicine codes of ethics ensure physicians strive for the highest possible standards of ethical behavior. In this world where modern tools are available for diagnostics at a price where the majority of the Indian population find it unaffordable, decision-making has become difficult. Conclusion: Although ethics and law are closely related, they are not the same. Ethical consideration may many times exceed the need of the law especially in health care. It is adherence to ethical principles that help in creating trust between the public and the health professional. However, certain behavior perceived as ethical for few may not be considered in the same manner by others. In the present modern environment, there may be certain challenges for ethical behavior, and perhaps, the law of the land helps in effectively maintaining certain decorum and ensuring minimal trust deficit. [ABSTRACT FROM AUTHOR]

The Mental Health Act (1996) is legislation that directs voluntary and involuntary psychiatric treatment for people experiencing mental health issues in British Columbia (BC), Canada. This critical discursive analysis explores how BC's Mental Health Act (1996) and the Guide to the Mental Health Act (2005) structure involuntary psychiatric treatment and illustrates how the discourses within these texts constitute people experiencing mental health issues as passive recipients of care. Understandings of people experiencing mental health issues as pathological, incapable, vulnerable and dangerous justify their need for protection and the protection of others. Protection is identified as a central legitimising discourse in the use of involuntary psychiatric treatment. Further, these texts define the roles and responsibilities of police, physicians and nurses in authorising and implementing involuntary psychiatric treatment. This analysis describes how this legislation erodes consent and entrenches social marginalisation. Alternatively, discourses of equity have potential to transform health care practices and structures that reproduce discourses of deficit, vulnerability and dangerousness, shifting towards promotion of the rights and safety of people experiencing mental health issues and crises. [ABSTRACT FROM AUTHOR]

The article reflects the concept of «informed consent of the patient», indicates the normative regulation and consolidation of this concept, examines the issues of the right to give consent for medical research and the right to refuse to carry it out, analyzes the principle of a person's free consent in the context of international legal acts, and the relevance of this topic for today is also emphasized. Human life is a complex and mysterious mechanism that combines physical and spiritual essence. Often, during the entire life path, a person faces various obstacles to his quality existence and comprehensive development. Some of these obstacles already exist in a person from birth, and some may arise during life. In one case, a person can overcome them on his own, in another, he needs the medical assistance of doctors, specialists in the desired direction. More serious obstacles, that is, diseases existing from birth or those that have arisen during life, require comprehensive, targeted treatment, which includes biomedical research or surgical intervention. Important in this aspect is the issue of the consent of a person - a patient to medical treatment and conducting biomedical research, as well as the normative definition and consolidation of such consent. Having studied, analyzed and researched the issue of «informed consent of the patient for conducting biomedical research», it is possible to come to the unequivocal position that this issue is very relevant and important today. It is mentioned and constantly improved in both international and national legislation. A person repeatedly needs medical assistance during his life. The right to life and health is guaranteed to everyone by the Constitution of Ukraine and should be unhindered for a person to exercise this right. The process of diagnosis and treatment depends only on the person himself and his free decision. Only with the patient's consent is this or that study conducted. International legal acts indicate that a person's failure to consent to medical intervention is considered an interference in his personal private life, a violation of hi s dignity and freedom. «Informed consent» includes not only the concept of consent itself, i.e. the free decision of a person, but also an explanation of a specific case or research procedure. And it largely depends on the specialist. Will he be able to convey and explain the patient's problem, illness, actions correctly, fully and in an accessible form? Yes, free consent is given by a person, but the doctor also influences this decision to some extent. Patients' freedom in choosing medical care methods is somewhat limited. The patient can choose only among those methods of medical intervention recommended by the attending physician or refuse treatment. That is why the question of «informed patient consent» will continue to be one of the most debated issues and will repeatedly be an excellent topic for research b y young scientists. [ABSTRACT FROM AUTHOR]

The legal requirement of consent presumes women conduct their sexual relations in the twenty-first century from a place of increased sexual liberation and agency, concealing the sexual double standard by which female sexual behaviour is judged. Consent-based reforms on their own, therefore, provide little recourse for rape victims when evidence of their past sexual history or sexual behaviour, such as flirting or sexting, may be admissible at trial. Informed by a thematic analysis of District and Supreme Court judgments from South Australia between 2012 and 2023, this article explores how accused persons may rely upon a victim's sexual history or behaviour to create a narrative of implied consent or to support their belief in consent. Considering these findings, I argue that the progression towards more egalitarian sexual attitudes remains a double-edged sword for women as it sanctions their portrayal as sexual agents while concealing their vulnerability to rape. [ABSTRACT FROM AUTHOR]

A gynaecological ultrasound on an adolescent patient can involve a transabdominal (TAUS), transvaginal (TVUS), trans‐perineal (TPUS) or transrectal (TRUS) approach. Following TAUS a TVUS or TRUS may be suitable on an adolescent patient if they are determined to be a 'mature minor'/Gillick competent and provide informed consent. Legal information on adolescent consent to medical treatment is difficult for sonographers to obtain as current professional guidelines are not sufficiently detailed on the laws of consent to medical treatment and workplace policies are often not specific to adolescent patients. This manuscript provides information on informed consent to medical treatment, 'mature minor'/Gillick competence determination, Australian and New Zealand legislation for 'mature minors' to consent to medical treatment, adolescent psychology and avoiding coercion when obtaining consent. [ABSTRACT FROM AUTHOR]

The present article approaches the paradigm of valuing consent to treat personal data as provided on the General Law of data Protection (GLDP), due to confrontation with its effectiveness, based on informative self-determination. At this point, some insufficiencies of the model to the adequate adjustment in fundamental rights and in alternatives feasible to implement the idea of informative self-determination will be assessed based on the deductive methodology of literature review. It is pointed out that the merely formal consent cannot be enough to free consent protection due to cognitive limitations, asymmetry among powers, need of service usufruct, use of technical terms, time shortage and difficulty to manage future risks. On the other hand, some trends are highlighted to mitigate this insufficiency, be it through information systems such as privacy by design, accountability, offer of paid premium services without counterpart of the indiscriminate assignment of data and other contextual analyses.

Schools are required to have written policies regarding the handling of sexual misconduct cases, but little research has examined the content of these policies. This study explored the content of Title IX sexual misconduct policies for 200 universities in the U.S. specifically assessing if the content is in line with the Title IX regulations set forth by the Trump administration. The results revealed that there were certain areas of high transparency, where the policies inform the students in-depth about their Title IX sexual misconduct procedure (e.g. confidentiality, how and where to report, standard of proof). However, there were notable gaps where the policies require further details in order to fully inform their stakeholders (e.g. cross-examination, rape shield provisions). Given the importance of having a comprehensive Title IX policy, future research and recommendations for improving schools' Title IX policies are discussed. [ABSTRACT FROM AUTHOR]

The aim of the paper is to determine the content of dolus eventualis in order to demarcate it from conscious negligence as the less serious form of guilt. The main challenge in Serbian law for their differentiation is their identical element of consciousness (awareness of the possibility to commit the act), while the element of will is different ("consent" to dolus eventualis and reckless assumption that the consequence of the act would not occur or that the perpetrator would be able to hinder it for conscious negligence). Firstly, various doctrines (cognitive theories, voluntative theories, and theories of risk) are analyzed. After that, the most important, typical interpretations from the Serbian jurisprudence are presented and commented on, after which it is assessed whether any of the analyzed theories could apply to Serbian Law. Finally, a more precise interpretation of the term "consent" and related questions is proposed.

In recent Iranian intellectual space, some thinkers of political thought and jurisprudence (in particular the late Dr. Davood Feirahi) have believed that Iran’s situation in Islamic world is similar to and comparable with England in Europe and Christian world. That's because Iran is a Muslim country yet at the same time a Shi'ite one and England in Europe is a Christian yet at the time an Anglican one. On the other hand, they have believed that the situation and the political project of John Locke in England is similar to and comparable with the situation and the political project of Allameh Mohammad Hossein Naeini in contemporary Iran. That's also because both of them tried to defend freedom and democracy on the basis of a religious ground, that means the holy text. And both of them had religious opponents (Sheiq Fazlollah Nuri and Robert Filmer). Therefore, the quarrel for democracy and freedom at the time of John Locke and Allameh Mohammad Hossein Naeini was a religious one. That means it was religion against religion, both authoritarianism and democracy was based on different accounts and interpretation of the hole text. Hence, in Iran Feirahi believed that secularism isn't our real problem but the problem is religious accounts of authoritarianism and democracy. He believed that the path of democracy passes through a democratic account of religion. Here, what he called as modern theology can make sense.The main concern of the present article is to evaluate this claim. Is Shi'ite Islam is comparable with Christianity and Anglicanism in particular? What are the differences? At least we know the Constitutionalism movement in Iran came to a different conclusion than the Constitutionalism movement. In Iran, only after two decades after the Constitutionalism revolution an authoritarianist government came to power and it can be said that Rezakhan destroyed democracy. The main subject of my essay is Law but not any kind of Law (Natural Law, Religious Law, etc.). It is only governmental law or human Law. What is created by man and in particular by a government. In order to evaluate the aforementioned claim and what people like Feirahi said I chose the concept of law and on the other hand I tried to study the concept in the context of the two important treatises of these two thinkers; the second treatise of John Locke on Government and Mohammad Hossein Naeini’s Tanbih o lommah va Tanzih o lmellah. It should be added that Law is very important for these two. Locke defines political power on the basis of Law. For Locke, that's Law which draws a distinction between a state of war and a political state. For Naeini, Law is an alternative for ismah (innocence) of imam at the time of qeibah (absence of imam).It should be noticed that Law in Iran was a goal that so many people had tried the achieve. One the main aims of the Constitutionalism revolution was to create Law and to limit and control the behavior of the governors on the basis of Law. So, the essay studied different aspects of the question of law in the project of those two thinkers (Naeini and Locke) and what the said in their most important treatises (Tanbih o lommah va Tanzih o lmellah of Mohammad Hossein Naeini and John Locke’s Second Treatise on Government). This study is a part of a wider research, which tried to find the basis of such comparison. My methodological approach in present essay is an interpretive-comparative one. That means that I tried to interpret both texts from the viewpoint of Law and after that and the same time I tried to compare the two texts. The present essay is divided in different parts. First, I studied the foundation of Law in the two treatises (a metaphorical one and a normative one). Then I wrote about the limitations of Law for Locke and Naeini. For Locke and Naeine there two different kinds of limitations. Locke limits Law by Natural Law or Natural Rights and the contents of the very basic contract between people and the governors. On the other side. Naeini limits Law by Shari'ah and the contents of the very basic contract between people and the governors. Then I talked about the Legislative Power (Parliament of Majlis). Here I studied the position of the the Legislative Power and its conditions. And in the end, I wrote about the goal or aim law, what Law tries to achieve. Here I pointed to the relations between public good and its relation with consent. In the final analysis, the present research shows that in spite of some similarities, there are fundamental differences between John Locke and Naeini, which cannot and should not be overlooked. I believed that the proponents of the claim are ignorant of the differences. Such ignorance twists our system of thinking more and creates more problems.

Çerezler, internet üzerindeki gezinti üzerinde pozitif ve negatif olmak üzere önemli etkilere sahiptir. Genel olarak web üzerindeki gezinti performansını artırmayı amaçlayan çerezler, aynı zamanda gezinti takibi yaparak hedefli reklamcılık uygulamalarında ya da profilleme faaliyetlerinde de kullanılmaktadır. Bu yüzden çerez uygulamaları, veri koruma hukukunun önemli bir alanını oluştururlar ve AB mevzuatında düzenlenmişlerdir. 2021 yılında Google’ın çerezlerin yönetimine dair yapmış olduğu uygulamalara dair şikayetler, Fransız Veri Koruma Otoritesi (CNIL) tarafından soruşturulmuş ve Google’ın iki şirketine toplam 150 milyon Euro para cezası verilmiştir. Söz konusu karar, çerezlerin nasıl konumlandırılması gerektiğine ve yönetimine dair önemli tespitlere yer vermektedir. Makalemizde söz konusu karar ele alınacak ve karardan yola çıkarak Türk hukukunda çerezlerin düzenlenmesine ilişkin önerilere yer verilecektir.

Both anthropology and history authors have written about the increase in predatory masculine sexual identities amongst the AmaXhosa, including rural and urban attitudes, and within such scholarship, issues such as rape have also emerged. However, the issue of rape has not been fully addressed, especially by anthropologists in the mid-twentieth century. The purpose of this article is to address the issue of rape by men amongst the AmaXhosa communities of King William's Town (known today as Qonce) in the 1950s and 1960s. This is done by using interviews recorded and transcribed by Percy Qayiso, a Black interlocutor and research assistant. Qayiso's interviews, which initially focussed on "morality," included rape testimonies and perspectives on rape. Although this article makes use of primary sources from the mid-twentieth century, the arguments presented about violence against women and their bodies resonate in contemporary discourse. Some contemporary scholars have articulated two aspects related to this article. First, liberal anthropologists like Phillip Mayer used Black interlocutors without properly citing their contribution and therefore forced them to exist in their shadow. Secondly, the rise of gender-based violence towards female persons in South Africa has had scholars from different schools of thought seeking ways to trace the genesis of this widespread phenomenon. While historians have not dominated academia in this regard, this article attempts to articulate perspectives related to violence against women. [ABSTRACT FROM AUTHOR]

The richness and complexity of consent present challenges to those aiming to make related contributions to computer information systems (CIS). This paper aims to support consent-related research in CIS by simplifying the understanding of existing literature and facilitating the framing of future consent management research. Firstly, it outlines existing consent management research and shows how it relates to the literature in law and ethics. Secondly, it presents some fundamental explanations and definitions that must be considered for further contributions to the consent management literature. Thirdly, it identifies five types of consent-related stances often taken in the consent management literature and explains each in some detail. Fourth, it explains one of the identified types of stances (i.e., the disciplinary stance) by expanding on the links between consent as a legal construct and its ethical counterpart. Fifth, considering another of the identified types of stances (i.e., the theoretical stances normally adopted in the consent management literature), the paper presents the key requirements for legally and ethically effective consent management based on three prominent theories. Sixth, it presents the identified types of stances in a conceptual model, contending that the model is novel, relevant, understandable, and useful.

La procréation médicalement assistée offre une technique qui permet d'avoir les enfants d'une personne récemment décédée. C'est prévu dans le Code Civil Hellénique. Cet article analyse et critique les conditions de la procréation assistée post-mortem selon le Code Civil Hellénique. Medically assisted reproduction offers a technique that allows to have children of a recently deceased person. This is provided for in the Hellenic Civil Code. This article analyzes and criticizes the conditions of post-mortem assisted reproduction according to the Hellenic Civil Code. [ABSTRACT FROM AUTHOR]

Contemporary societies pose major challenges for adolescents and it is essential to conduct research with them to understand their experiences, identify their needs, and discover solutions to major social problems. Social science, humanities and health-related research into violence, technology, and climate change exemplify vital research endeavours requiring adolescent participation to advance Sustainable Development Goals and enhance individual lived experience and societal flourishing for current and future generations. International and national research ethics guidelines emphasise the necessity to conduct research to advance societal benefit, while upholding principles of autonomy and justice, and promoting participant welfare and avoiding harm. International human rights instruments promote adolescents' freedom of expression and right to participate in matters affecting them. The rapid generation of robust research findings is essential, but it remains commonly assumed that adolescents cannot provide their own consent to participate in research studies, and the belief that parental consent is required can impede and impair the entire research process. Debate continues about the proper interpretation of legal principles and research ethics guidelines about who may provide consent. Continuing confusion about who must provide consent, and why, impedes the protection of adolescents' interests and the advancement of society. This article adds to knowledge by providing a multidisciplinary overview of evidence from developmental science, social science, law, human rights, and bioethics about decision-making capacity and entitlements in the context of research participation, and an updated evidence-based analysis of adolescents' capacity to provide their own consent to participate in social, humanities and health-related research. A conservative application of knowledge from these domains both individually and collectively supports conclusions that adolescents aged 16 are able to provide their own consent to participate in research, and no legal or ethical principle requires the provision of parental consent on their behalf. Practical considerations may support parental involvement in conversations about participation, and some types of research require trauma-informed approaches, but adolescents are developmentally, legally and ethically entitled to make their own decision about whether or not to participate. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The doctrine of informed consent sits at the intersection of law, ethics, and neuroscience, posing unique challenges for human subject research involving neurological patients. These challenges are compounded by the variegated nature of both neurological injury and the law governing research consent. This article provides a framework for investigators likely to encounter subjects with some degree of neurological impairment, whose capacity to consent requires scrupulous assessment prior to enrollment in research trials. We consider several researches and disease contexts-from emergency epilepsy research to long-term dementia research-and clarify the ethical and legal principles governing consent for participation in each. We additionally explore empirical research on consent capacity and survey several areas of emerging ethical import that will require the attention of investigators in decades to come.

Uterus transplantation (UTx) is fast evolving from an experimental to a clinical procedure, combining solid organ transplantation with assisted reproductive technology. The commencement of the first human uterus transplant trial in the United Kingdom leads us to examine and reflect upon the legal and regulatory aspects closely intertwined with UTx from the process of donation to potential implications for fertility treatment and the birth of the resultant child. As the world's first ephemeral transplant, the possibility of organ restitution requires consideration and is discussed herein. Uterine transplantation warrants a closer look at the legal frameworks on fertility treatment and transplantation in England. Uterine transplantation warrants a closer look at the legal frameworks on fertility treatment and transplantation in England. [ABSTRACT FROM AUTHOR]

We summarise the updated General Medical Council guidance on consent and decision-making. We explore the emphasis on enabling supported decision-making and the implications this has in day to day urological practice. In particular, we address some of the issues encountered in one-stop clinics, on pooled elective lists and with pre-written consent forms. The new guidance will emphasise the importance of sharing information relevant to your patient in light of the Montgomery ruling. Every decision is unique. We must appreciate the importance of the process of decision-making and understand our role as the clinician. Here we suggest some practical considerations to address the updated General Medical Council guidance. Level of evidence: Not applicable. [ABSTRACT FROM AUTHOR]

Background: Clinicians and their employers, concerned with privacy and liability, are often hesitant to support the recording of clinical encounters. However, many people wish to record encounters with healthcare professionals. It is therefore important to understand how existing law applies to situations where an individual requests to record a clinical encounter. Methods: We searched for and reviewed relevant legal documents that could apply to recording clinical encounters. We limited the scope by purposefully examining relevant law in nine countries: Australia, Brazil, Canada, France, Germany, India, Mexico, the United Kingdom and the United States. We analyzed legal texts for consents needed to record a conversation, whether laws applied to remote or face-to-face conversations and penalties for violations. Findings: Most jurisdictions have case law or statutes, derived from a constitutional right to privacy, or a wiretapping or eavesdropping statute, governing the recording of private conversations. However, little to no guidance exists on how to translate constitutional principles and case law into advice for people seeking to record their medical encounters. Interpretation: The law has not kept pace with people's wish to record clinical interactions, which has been enabled by the arrival of mobile technology. [ABSTRACT FROM AUTHOR]

Copyright of Lex Medicinae: Revista Portuguesa de Direito da Saúde is the property of Centro de Direito Biomedico and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article the importance of the spouse's consent to engage in civil law deals is considered. The specifics of obtaining consent of the spouse for the deal under the disposal of jointly acquired property are analyzed. In addition, proposals have been made to improve the legislation in the sphere of obtaining the consent of the spouse to dispose of movable property, as well as to dispose of the property by the spouse whose marriage is terminated by the time the transaction is concluded.

In many respects, Turkey is an exception among Muslim countries. Whilst being a secular democratic state, Turkey still struggles, however, with some remnants of its religious and socio-cultural heritage. The issue of forced marriage of children is one of those issues. Marriage is commonly defined as a union concluded by parties with their full and free consent. If consent is lacking, a forced marriage occurs. In the case of a forced marriage, consent is lacking because one of the prospective spouses does not give her/his consent freely, or sometimes because she/he is incapable of giving consent because of her/his age. As a founding member of the Council of Europe, Turkey not only ratified the European Convention on Human Rights (ECHR) in 1954 and Protocol Nr. 1, but it has also ratified many of the core international documents on human rights and the rights of children, such as the U.N. Convention on the Rights of the Child, the U.N. Convention on the Elimination of All Forms of Discrimination against Women. Nevertheless, the forced marriage of children is still a prevalent social problem in Turkey, and in the majority of cases, girls are the victims of such practices. This article examines the factors behind the forced marriage of children in Turkey, while exploring the current legal background and Turkey’s international legal commitments to fight against such practices. Finally, the article suggests the reinforcement of available legal remedies in order to prevent the forced marriage of children

Criminal Responsibility for Athletic Operations Since the beginning of the Iranian contemporary legislative period, there is no specific law on sports activities and therefore lawyers have resorted to legal foundations and principles in order to justify the events resulting from sport operations. In 1973, for the first time it was established that events resulting from sport operations are not a crime provided that it is not a violation of the rules related to that exercise. This provision was repeated in the following rules with little modifications. The reason is the social expediency, the victim’s satisfaction, custom and habit and attention to the important position of sport in excellence of ethics and the emphasis of the constitution. The perpetrator is an athlete and sports action means the group of actions taken within the framework of a sport. The main condition for justifying operations is compliance with the rules related to sport specially the regulations of sports faults. The athlete cannot also exploit the law’s permission to harm others. The lack of athlete responsibility is limited to the time of exercise and that the sport should not be contrary to Sharia norms. Please Cite This Article As: Aghaie Nia, H (2020). “Criminal Responsibility for Athletic Operations”. Journal of Interdisciplinary Legal Researches, 1 (1): 1-12.

Contemporary societies pose major challenges for adolescents and it is essential to conduct research with them to understand their experiences, identify their needs, and discover solutions to major social problems. Social science, humanities and health-related research into violence, technology, and climate change exemplify vital research endeavours requiring adolescent participation to advance Sustainable Development Goals and enhance individual lived experience and societal flourishing for current and future generations. International and national research ethics guidelines emphasise the necessity to conduct research to advance societal benefit, while upholding principles of autonomy and justice, and promoting participant welfare and avoiding harm. International human rights instruments promote adolescents’ freedom of expression and right to participate in matters affecting them. The rapid generation of robust research findings is essential, but it remains commonly assumed that adolescents cannot provide their own consent to participate in research studies, and the belief that parental consent is required can impede and impair the entire research process. Debate continues about the proper interpretation of legal principles and research ethics guidelines about who may provide consent. Continuing confusion about who must provide consent, and why, impedes the protection of adolescents’ interests and the advancement of society. This article adds to knowledge by providing a multidisciplinary overview of evidence from developmental science, social science, law, human rights, and bioethics about decision-making capacity and entitlements in the context of research participation, and an updated evidence-based analysis of adolescents’ capacity to provide their own consent to participate in social, humanities and health-related research. A conservative application of knowledge from these domains both individually and collectively supports conclusions that adolescents aged 16 are able to provide their own consent to participate in research, and no legal or ethical principle requires the provision of parental consent on their behalf. Practical considerations may support parental involvement in conversations about participation, and some types of research require trauma-informed approaches, but adolescents are developmentally, legally and ethically entitled to make their own decision about whether or not to participate.

Hannah Ellis and Peter Ellis discuss consent and the law in relation to kidney care and how it is applied to clinical practice [ABSTRACT FROM AUTHOR]

The offence of sexual assault has been reformed significantly since the 1980s. These reforms have been designed to create a fairer criminal justice system and contribute to primary prevention through community education. Yet, how exactly does this education happen? This article draws on a qualitative interview study with government and non‐government stakeholders in the Australian State of NSW to consider how members of the public are equipped with the information they need to understand the laws that govern their sexual lives. Despite multiple educational pathways on key legal concepts such as consent, the study found a knowledge gap between the legal meaning of sexual assault and effective public access to that meaning. The article concludes with recommendations for addressing the barriers that undergird this gap. It argues that law's educative promise depends on the state's preparedness to create policy that fosters the public's appreciation of the sexual standards embedded in legal rules. [ABSTRACT FROM AUTHOR]

The reform of the rules on debt release (Article 415 of the Civil Code of the Russian Federation) in 2015 raised the question of whether this novelty changed the fundamental principles of civil law. Amendments to the article do not require the consent of the debtor to forgive the debt. Is this a step to the rule that it is not required the consent of the donee in the donation? The author analyzes these amendments on the base of philosophical studies of S. Alekseev and assesses its role in the development of civil law.

The principles of human organ transplantation procedure must meet two requirements: the requirement of humanity, which all medical activities are based on, and the requirement for patients' protection and the preservation of human and personal rights of every human being, during one's lifetime and after death. In Serbian law, the following principles are established as fundamental ones: the protection of interests and dignity of the organ donor and the organ recipient; voluntarity; medical justification and safety; and equal availability of human organs. Every person having a medically established need and justification for human organ transplan-tation should be subject to equal conditions for receiving a human organ.

Some emergency medicine research, especially retrospective studies using medical records review, rely on waiver of consent for use of personal health information (PHI) contained in clinical records. This is a secondary use of PHI and waiver of consent raises ethical, legal and practical issues. Granting of a waiver of consent is often (but not always) approved by a human research ethics committee and requires separate but inter‐related consideration of the legal and ethical issues. In part, this involves a balancing of the public interest versus the risk to privacy and an evaluation of whether subjects would, mostly likely, have agreed to the use of their PHI had they been asked. To date, there are no robust data about whether use of PHI without consent for research would be acceptable to people who attend Australasian EDs for care. [ABSTRACT FROM AUTHOR]