Autonomy Rights Research Articles

Educational pelvic exams on anesthetized women: Why consent matters.

It is argued here that the practice of medical students performing pelvic exams on women who are under anesthetic and have not consented is immoral and indefensible. This argument begins by laying out the ethical justification for the practice of informed consent, which can be found in autonomy and basic rights. Foregoing the process of consent within medicine can result in violations of both autonomy and basic rights, as well as trust, forming the basis of the wrong of unauthorized pelvic examinations. Several objections to this argument are considered, all of which stem from the idea that this practice constitutes an exception to the general requirement of informed consent. These objections suggest that nonconsensual pelvic examinations on women under anesthetic are ethically acceptable on utilitarian grounds, in that they offer benefits either to the patient or to society, or on the grounds of triviality, in that consent is already presumed, or the practice is insignificant. Each of these objections is rejected and the practice is deemed indefensible.

Does The Dao Support Individual Autonomy And Human Rights?

The Universal Declaration of Human Rights lists what have come to be called “first” and “second” generation rights. First generation rights are civil and political; second generation rights are social, economic, and cultural. Western and Asian nations are in disagreement about whether each of these rights is universal. While Western nations strongly believe that first generation rights should be universal, many “Confucian” nations insist that second generation rights precede first generation rights. After analyzing the Confucian values in detail, I conclude that Confucianism supports both generations of rights.

The Compassionate Utilitarian: Reconciling the Competing Moral Values Behind Efforts to Regulate Cannabis Use

Arguments about whether or not to legalize and regulate the sale, possession, and use of cannabis for recreation can be framed as ethical debates. Typically, for example, an argument based on the four principles of biomedical ethics might note that this policy debate pits individual autonomy rights against the harms associated with increasing social acceptance of using cannabis. But these debates tend to rapidly devolve to arguments about data; what exactly are the benefits and harms associated with legalization? This makes it seem that people on either side of the legalization debate are mostly concerned about tangible benefits and harms associated with legalization. Yet, I argue, the legalization debate is actually a variation of long-running debates about harm reduction strategies in public health, which are about deeper concerns that won’t be resolved with more data. An alternative strategy for more productive ethical discussion is proposed.

Entre la autonomía y el bien humano de la vida

En los debates contemporáneos acerca de la legitimidad moral del aborto provocado, uno de los argumentos más corrientes es el que se centra en un presunto conflicto de derechos morales entre un derecho de autonomía de la madre gestante y un derecho a la vida del feto. El documento analizó los términos centrales de esta ar- gumentación, aunque estudiando solamente el núcleo del planteo. Entre las principales conclusiones a las que arriba el autor están que la mera capacidad de optar por diferentes vías de acción - la denominada autonomía - no puede justificar por sí sola una acción deliberada - el aborto - dirigida intencionalmente a dar muerte a un feto humano, ya que esa muerte - que es objeto del acto - no puede ser justificadamente una razón moral para la acción; y que, una opinión contraria significa la ruina de la ética como actividad ra- cional y el olvido del principio basilar sobre el que se levantan todas las comunidades humanas: el de que no se debe matar nunca deliberada y directamente a los demás seres humanos.

The Gender Politics of Confucian Family Law: Contracts, Credit, and Creole Chinese Bilateral Kinship in Dutch Colonial Java (1850s–1900)

AbstractHow did colonial family law reshape the ethnic and gender norms of a creolized entrepreneurial minority? While the literature on colonial Indonesia has tended to view the Dutch colonial preservation ofadat(customary) law as helping to preserve Indonesian women's autonomy and property rights, this essay shows how, in the case of the Indonesian-Chinese entrepreneurial minority, the colonial government's institutionalization of Confucian “Chinese” family law gradually introduced more patriarchal norms for creole Chinese families. The Dutch colonial state's legal regulation of credit and commerce in Java took a moralistic turn in the mid-nineteenth century, giving shape to a more patriarchal and “Chinese” form of the family in Java by the century's end. This legal-moralistic turn took the form of a critique of creole Chinese women on one hand, and the Sinological construction of a body of Confucian “Chinese” private law on the other. For almost half a century, this encroaching colonial ethno-moral critique of creole Chinese credit manipulations and marriage arrangements came up against resistance from Peranakan Chinese matriarchs and patriarchs. In this article, I show how colonial Confucian family law eventually ended creole Chinese women's contract-making and credit-manipulating autonomies by subjecting the “Chinese” household to the civil law authority of the “housefather.”

Introduction to the Special Issue: The Right to the Protection of One's Own Image in Ibero-America and Its Relevance for the Right of Publicity in Common Law Countries

Introduction to the Special Issue: The Right to the Protection of One's Own Image in Ibero-America and Its Relevance for the Right of Publicity in Common Law Countries

De la autonomía personal al consentimiento informado y las voluntades anticipadas I

This paper addresses how individuals have recently achieved the idea of respect and dignity at the end of life, exercising their autonomy to take decisions about the way they want to live the passage from life to death, if not by taking control over the time of death, but regarding the conditions and care to be provided at that time. From the legal point of view we have developed the idea that treating a patient without his consent or despite his or her objections may constitute an unlawful conduct. The right of self-determination of the person is matched with the duty of the physician to inform the patient the truth about his condition, the courses of action from which to choose, its consequences, and also provide him or her with the means to adopt his or her decision. The right to information and informed consent has been developed as an autonomous right, complementary to the right to healthcare. The doctrine of informed consent led us to recognize the right we all have to make decisions about the end of our own life. To live with dignity means, among other things, in addition to the elimination of pain and suffering, that our autonomy is respected, this is our will on what medical care we receive and until when we want to receive it. The next step would be to find the most appropriate means for that will to be expressed, which is why we developed the so called advanced directions, which are currently a part of the Mexican legal system in various states, and which has led to the development of a new field of health care for terminal patients: palliative care, which are already provided also at the federal level in the General Health Law.

OTONOMI PENDIDIKAN DAN EKSISTENSI MADRASAH

The policy of regional autonomy has also implicated the education sector with the concept of decentralization of education, which aims to provide widespread authority to regulate and manage madrasah (local authorities) in the framework of improving the quality of education for all levels of society. Madrasah as one of the educational institutions that take shelter in the Department of Religion inevitably come into contact with the issue of educational autonomy. But the problem is whether the Department of Religion remains in the position of the autonomous rights holder for the entire education system in the madrasah or only limited to religious subjects only. A consistent, cautious but definite and nondisadvantageous attitude to the Department of Religion needs to be addressed in a special discussion.

Vulnerable Subjects and Autonomous Actors: The Right to Sexuality Education for Disabled Under-18s

The notion of ‘autonomy’, it is argued in this article, may be better suited than the concept of ‘agency’ for framing many issues relating to the international children’s rights law framework. This is because autonomy is already the prevalent concept in the arena of legal rights for over-18s, for example in medical law. Autonomy must of course be understood in a relational way and in a way that recognises the vulnerability inherent in the human condition (Fineman, 2008). In this article, the example of the right to access sexuality education for disabled children is used to demonstrate these points and to explore the autonomy/vulnerability dynamic. Historically, sexuality education has been denied to disabled children, ostensibly to protect them from information and activities perceived as inappropriate due to their (perceived) greater vulnerabilities. It is argued however that discourses of sexual vulnerability can actually be dangerous in themselves. Sexuality education, rather than being a threat to disabled under-18s, is a way to increase their autonomy rights by equipping them with tools of knowledge around sex and relationships. This case study demonstrates how the autonomy of under-18s is not something inherent in them, but something which can be enhanced through recognition of rights such as education and information; as well as recognition of adult responsibilities to facilitate this.

Uprawnienia rodzicielskie funkcjonariusza służby więziennej – ojca dziecka

In this article there appeared a discussion on leave, related to the birth and upbringing of the child, which the father of the child who remains in the official relation in the Prison Service is entitled to. The father of the child is entitled to autonomous rights, that is the ones that belong to him only (paternity leave) and subsidiary ones that belong to him, but only if the mother of the child does not make use of them, and equal rights that is the ones which both he as well as the mother of the child can take (leave on conditions of maternity leave, parental leave or extended unpaid maternity leave). Various cases when parents of the child render work based on different forms of employment were analyzed. In connection with this, there appeared an analysis of various regulations pertaining to parental leaves in situations when both the mother and the father of the child have the status of the Prison Service officers, and when the father is the Prison Service officer and the mother remains in the worker’s employment or is covered by national insurance system in case of illness or maternity, as defined in the Act of October 13 th , 1998 on national insurance system, based on other right than employment relation such as one person economic activity or when the mother of the child is not covered by sickness benefits at all.

Forms of Governmentality in The Alchemist

This article argues that elements of Michel Foucault's genealogy of governmentality, specifically his account of premodern Christian pastoral government and resistances to it, illuminate crucial aspects of Ben Jonson's 1610 comedy The Alchemist. Pastoral government, an array of tactics that seek to direct the intrinsic qualities of persons and things toward salvific ends, is a more relevant paradigm for understanding the alchemical plot of the play than sovereignty, which is focused on the assertion of autonomous rights and external laws. The sovereign challenged in this reading is primarily the figure of the sovereign individual, the agent of capitalism and liberalism that critics often discern emerging from Jonson's play. Analyzing the play in relation to a genealogy of governmentality throws the secularity and sovereignty of the individual characters into question insofar as they are compelled to act within an alchemical scheme governed by pastoral principles.

Das Verbot der kollisionsrechtlichen Wahl nichtstaatlichen Rechts und das Unionsgrundrecht der Privatautonomie

Choice of law is a cornerstone of European private international law. However, existing secondary law continues to restrict the choice to state law, excluding non-state law regimes like the Principles of European Contract Law, the UNIDROIT Principles of International Commercial Contracts or detailed standard-form contracts. This article tests the restriction against the principle of party autonomy, which is shown to be a European fundamental right. Party autonomy encompasses the right to choose nonstate law regimes in international cases. Any restriction on the choice of non-state law regimes, therefore, needs to be justified. Where private international law does not impose any restrictions on the choice of law, as is the case in the choice of contract law between commercial parties, there is no apparent justification for excluding the choice of non-state law regimes. Hence, European secondary law has to be interpreted in the light of the fundamental right of party autonomy. This allows commercial parties to choose non-state contract law regimes for their international transactions.

Fiscal Decentralization and Local Public Health Expenditure: Empirical Analysis Based on Different Caliber Indicators and Provincial Panel Data

Based on the construction of different caliber fiscal decentralization and local public health expenditure index, this paper makes an empirical analysis of the influencing factors of local public health expenditure in China by using the methods of FGLS and dynamic panel GMM. It is found that different fiscal decentralization indicators have different effects on public health expenditure, and local governments have a large right of financial autonomy to effectively increase public health expenditure, and the central government's transfer payment to local governments also has a significant positive effect on local public health expenditure. In addition, the difference in the level of local economic development will result in uneven local public health expenditure, manifested in the double imbalance between the expenditure structure and the provision of public health services. Therefore, China should continue to increase the central transfer payment, reasonably divide the central and local financial authority, establish a hard restraint mechanism of local public health expenditure, clarify the expenditure responsibility boundary between the central and local governments, and implement the measures of combining central supervision and control with local financial autonomy, in order to solve the problem of the double imbalance between regional and regional expenditure of local public health expenditure and ensure the effective supply of local public health products.

Evaluation of Informed Consent Practice for Elective Surgeries in Zagazig University Hospitals: An Interventional Study

Background: The informed consent is an important patient's right, has to be considered by physicians. The concept of consent arises from the ethical principle of patient autonomy and basic human rights. Objectives: To assess the informed consent practice for elective surgeries then design a training program to improve the practice and assess the effectiveness of the program. Methods: A randomized controlled trial was conducted by102 medical staffs that were responsible for informed consent practice, in ophthalmic department where cataract surgery is provided, in general surgery department, and in obstetric department where elective cesarean section is provided divided into two groups experimental and control groups in three stages, pre and post intervention over a period of 14 months from January 2015 to February 2016 by using a structured observation checklist. Results: Chi-square analysis to the following variables gender, job title, experience, timing of informed consent did not show significant relationship between the experimental and control groups. However, by comparing them in the dimensions of the informed consent practice there were statistically significant in test group after intervention (p < 0.0001). And also the percentage of those with s practical and legal problems decreased in test group in comparison to control group after intervention. Conclusions: Interventional program for health care providers has been improved the practice of informed consent.

Spanish

The Congress of the Republic, in 2015, promulgated the Statutory Law 1751, by means of which the fundamental right to health is enshrined, giving guidelines to the Ministry of Health and Social Protection to make significant reforms to the general social security system in health. These include the elimination of the difference between the Compulsory Health Plan (POS), both contributory and subsidized, and the creation of a National Pharmacological Policy, generating concerns about possible disturbances regarding access to medication and the health system. This paper investigates the normative background of this law, as well as the most relevant concepts of the jurisprudence of the Constitutional Court, embodied in some of its judgments, highlighting the T-760 of 2008, which is the central axis of the consecration of health as an autonomous fundamental right. All the above seeks to answer the question whether it really was necessary for Congress to issue a Statutory Law proclaiming the fundamental right to health.

Bitcoin(Gold)’s Hedge․Safe-Haven․Equity․Taxation

Btcoin has made a big progress through anonymity, decentralized authority, sharing economy, multi-ledger book-keeping, block-technology and the convenient financial vehicle. Bitcoin has the characteristics of mining and supply by decentralized suppliers, limited supply quantity and the partial money-like function as well as gold. The paper studies the hedge and safe-haven of Bitcoin and gold on daily frequency data over the period of July 20, 2010-Dec. 27, 2017 employing Asymmetric Vector GARCH. It finds that gold has the hedge and safe-haven against inflation and capital markets while Bitcoin has the weak hedge and the weak safe-haven. It shows insignificant effects of inflations of US and Korea on the volatilities of Bitcoin and gold. It also suggests the necessity of clearing of vagueness behind the anonymity for fair and transparent trade through the law application in the absence or fault in law (Lucken im Recht). following the spirit of the living constitution (lebendige gutes Recht oder Vorschrift). The relevant institutions are hoped to be given some of obligations such as registration, minimum required capital. report, disclosure, explanation, compliance and governance with autonomous corresponding rights. The study also suggests the reestablishment of the relevant financial law and taxation law. The hedge would not be successfully accomplished without the vigilant cautions of investors.

Los derechos humanos al agua y al saneamiento: una visión desde el Derecho Internacional, Europeo y Español

This study analyses the evolution and articulation in the international scenario of the human rights to water and, more recently, to sanitation, as autonomous rights, independent from other fundamental rights and with differentiated implications regarding their protection and justiciability in conjunction with other human rights. The text also examines the expressions of these rights in European Law, including that of the Council of Europe and European Union Law, as well as its explicit and implicit consideration in the internal Spanish legal order. Finally, alternatives are suggested as to the stronger conceptual development of the two rights and their concrete realization as prerogatives closely connected to human dignity as recognized in several contemporary legal instruments.

An augmented Lagrangian coordination method for optimal allocation of cloud manufacturing services

With the rapid development of information and manufacturing technologies, cloud manufacturing (CMfg) was proposed and attracted wide attention. In CMfg, manufacturing service allocation (MSA) plays an important role in facilitating high-quality service management. MSA aims to optimize the allocation of services for manufacturing tasks. All-in-one (AIO) methods are widely used to obtain an optimal MSA result. However, the current AIO methods usually use one decision model so that it is difficult to maintain the autonomous decision rights of service providers. As a distributed optimization mechanism, augmented Lagrangian coordination (ALC) can offer an open-structure collaboration and allow participants to keep autonomous decision rights. In this paper, the MSA problem is partitioned into an ALC model based on the decision scope of service providers and solved in a loose coupling and distributed manner. A case study demonstrates the specific steps of ALC for solving the MSA problem. The results show the effectiveness and efficiency of ALC method in solving the MSA problem, as well as its promising feature in maintaining decision autonomy of a service provider.

INTERNATIONAL LEGAL REGULATION OF ACADEMIC FREEDOMS AS AN ESSENTIAL CHARACTERISTIC OF THE AUTONOMY OF A HIGHER EDUCATIONAL ESTABLISHMENT

Academic freedom is a part of international educational law. It is interpreted as the principle on which the activities of leading world universities are built. Academic freedom dates back to the time of the emergence of universities and is closely linked to their autonomy and corporate rights. The University operates in the free influence environment. Its activities are designed to encourage researchers to have their critical and optimistic view of the monolith and unity of knowledge, so that they are aware of the values of human experience from the position of the university, and eventually could participate in people education and upbringing, in the preservation and strengthening of culture, which includes the university too. That is why research on international legal regulation of academic freedoms is relevant.Academic freedom is the provision of certain rights to education workers (faculty members, academics and students of higher education institutions). Means the opportunity for the teacher to teach the subject freely at his own discreption, choose topics and methods for scientific research, and for the student – to receive knowledge according to their inclinations and needs. The provided academic freedom implies the academic responsibility of the educational institution for creating the optimal conditions for the free search of truth.The main study directions of the problem of academic freedoms: philosophical, pedagogical, legal.After analyzing the main international documents in the field of higher education (the Lima Declaration “On Academic Freedom and Autonomy of Higher Educational Institutions”, the Great Charter of European Universities (Magna Charta Universitatum), Recommendation on the status of teaching staff of higher education institutions, the Charter of Fundamental Rights of the European Union, the Declaration of Academic Freedom (human rights in scientific activities), The “Ethical Code” of the members of the Fulbright Society of Ukraine, the World Declaration on Higher Education for the XXI Century: Approaches and Practical Measures, the Declaration on Science and the Use of Scientific Knowledge, the Convention on the Formation of the Future, the Lisbon Declaration, the Charter of the Universities of Ukraine “Academic Freedoms, Autonomy and education”) it was found that autonomy and academic freedom occupy a prominent place in international documents. These concepts are even the title components of many of them. Summarizing the main provisions of these documents, we see that academic freedom is closely linked to the autonomy of a higher educational establishment. Scientific achievements should be used only for the benefit of humanity, and modern information and communication technologies should contribute to the free dissemination of scientific research results. Academic freedoms in higher education are one of the fundamental human rights regulated by important international law documents that ensure its development, transfer of cultural experience to other generations. The main components of academic freedom are freedom of teaching, learning and research (sometimes we encounter freedom of creativity, knowledge dissemination). Academic freedoms are one of the leading principles of effective activity of higher educational establishment. The necessary condition for academic freedoms is the autonomy of a higher educational establishment.

Cultural Empowerment and Language: Teaching Spanish to the Socially Disadvantaged Amazigh Population through the Alehop Programme

This article describes an action research programme designed to resolve classroom problems, in preschool and primary education, related to the use of Spanish as a hegemonic language in a bilingual context in which students are from the Amazigh culture. The Alehop programme aims to motivate students to learn and the results demonstrate that this classroom innovation is possible. Moreover, the use of everyday life situations and typical problems helps and favours enquiry-based learning. Intercultural school life without violence is shown to be possible. Strategies include giving voice to the students, addressing relevant social issues, and creating an environment of trust and collaboration. An evaluation of the results validates a methodology that encourages cultural and linguistic diversity, and points to a need to respect the autonomy, freedom and human rights of students in politically and economically disadvantaged conditions. Empowerment is linked to the autonomy of students and teachers.