Autonomy Rights Research Articles

Customary Village Authority in Coastal Area Management : an Ius Constituendum Perspective

The research was aimed to examine the authority of Adat village in the management of coastal areas based on Bali Province Regional Regulation No. 4 of 2019 concerning Adat Village and constructing the regulation on forest park in coastal areas from the perspective of ius constituendum. This was normative legal research using statutory approach and conceptual approach. The study indicated that there is a conflict of norm in the authority to manage the coastal areas in Bali, which according to the Article 25 point 1 c and d of the Perda Desa Adat, it can be seen that Adat Village has the authority to manage the coastal areas, which includes Tahura Ngurah Rai, however, according to Article 1 point 10 of the Regulation of the Minister of Environment and Forestry No: P.10/Menhut-II/2009, the authority to manage the forest park is delegated to the UPTD Tahura Ngurah Rai, which was formed and is under the Bali Provincial Environment and Forestry Services as the holder of autonomous forest management rights in Bali. Hence, it is important to harmonize the application of the authority of Adat Village with the national regulation to avoid conflict of norms by taking in to account the Stufenbau Theory and the principles of lex superior derogat legi inferiori in reforming a regulation on forest park in coastal area in the future as ius constituendum

Prisoner voting in Wales: devolved autonomy and human rights at the jagged edge

In light of recent contestation between the UK Government and devolved institutions over legal human rights protections, this article examines the acute challenges that arise in the Welsh context for the implementation of article 3 of the First Protocol to the European Convention on Human Rights (ECHR), namely the right to free and fair elections. The European Court of Human Rights has held repeatedly that a blanket prohibition on convicted prisoner voting is a violation of the ECHR. Following the devolution of competences over devolved and local elections, the fundamental question for Wales is not merely whether prisoners should get the vote, but how a more progressive policy can be delivered within the current structures of Welsh devolution. We argue that the Welsh Government’s proposals for reform – partial enfranchisement based on sentence length – will be conditioned and undermined by criminal law and sentencing policy over which it has no control. Meanwhile, other options are either beyond devolved competence or entirely contingent upon the cooperation of a UK Government which opposes prisoner enfranchisement. In tackling these issues, we aim to demonstrate the profoundly limited nature of ‘devolved autonomy’ in an area ostensibly within the competence of Welsh institutions. The case study of prisoner voting thus brings into focus the unique and significant limitations on Welsh devolution and the considerable scope for complexity at the intersection of devolved governance and international human rights obligations.

Administration Reagent of Aceh Family Law Qanun: Siri Marriage Motives Towards the Legality of Polygyny

The proposal of qanun on polygyny by the Acehnese elite (executive and legislative) was aimed at the wider community because of the rampant phenomenon of siri marriage. Siri marriage is not prohibited in Aceh, and administrative requirements are even relaxed for ordinary people. This gap raises the question of whether the Acehnese elite proposed qanun polygyny for the benefit of the community or for subjective interests. This article is classified as field research with a qualitative approach. The methodology used is a descriptive-analytical study. The results of the study found that the administration reactor or key factor of the family law qanun in Aceh lies in the condition where the administration of polygyny requirements is tightened beyond the provisions of The Compilation of Islamic Law (KHI) and Siri Marriage requirements are loosened under the KHI provisions. The motive was an attempt by Acehnese elites to have their siri wives recognized (legality) in Aceh's polygyny qanun. This finding can be an input for family law studies to create regulations that are more objective and independent, especially in regions that have special autonomous rights.

Health Care Reforms, Power Concentration, and Receding Citizen Participation.

The article highlights several outstanding features of French healthcare reforms in light of New Public Management (NPM). The paper exposes the economic, administrative, and social context of reforms. It investigates horizontal integration, as exemplified by the concentration of power within the Regional Health Organizations, the verticalization of the chain of command, and ensuing conflicts between the French welfare elite and the operating core (eg, the medical profession). Outcomes were below expectations in many areas. The NPM-endorsed fragmentation of public organizations has yet to take root in the French healthcare system. There was little consultation with the medical profession. Physicians' autonomy and patients' rights receded.

Conversations Regarding Bodily Autonomy and Reproductive Rights among Healthcare Professionals

Conversations Regarding Bodily Autonomy and Reproductive Rights among Healthcare Professionals

Issuance of Land Legality By The Batam Concession Agency Against Complete Systematic Land Registration Program Certificates Issued In Batam

Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL) was made to ensure legal certainty and legal protection of land rights owned by the community fairly and equitably, but unfortunately, it contradicts with the Regulation of the Head of the Batam Free Trade Zone and Free Port Concession Agency Number 27 of 2017 concerning Implementation of Land Allocation. The purpose of this study is to analyze what regulations must be used by people who want to apply for land permits in Batam and how to obtain land permits in Batam. This study used normative legal research or doctrinal research which refers to positive legal norms governing the Issuance of Land Legality by the Batam Concession Agency Against Complete Systematic Land Registration Program Certificates Issued in Batam. The results of this study that the regulations used are still regulations issued by the Head of the Batam Free Trade Zone and Free Port Concession Agency Number 27 of 2017 concerning the Implementation of Land Allocation. Because Batam is one of the regions in Indonesia with regional autonomy rights.

Widespread Misinterpretation of Advance Directives and Portable Orders for Life-Sustaining Treatments Threatens Patient Safety and Causes Undertreatment and Overtreatment.

Widespread Misinterpretation of Advance Directives and Portable Orders for Life-Sustaining Treatments Threatens Patient Safety and Causes Undertreatment and Overtreatment.

The influence of sociodemographic factors on COVID-19 vaccine certificate acceptance: A cross-sectional study

ABSTRACT Vaccine certificates have been implemented worldwide, aiming to promote vaccination rates and to reduce the spread of COVID-19. However, their use during the COVID-19 pandemic was controversial and has been criticized for infringing upon medical autonomy and individual rights. We administered a national online survey exploring social and demographic factors predicting the degree of public approval of vaccine certificates in Canada. We conducted a multivariate linear regression which revealed which factors were predictive of vaccine certificate acceptance in Canada. Self-reported minority status (p < .001), rurality (p < .001), political ideology (p < .001), age (p < .001), having children under 18 in the household (p < .001), education (p = .014), and income status (p = .034) were significant predictors of attitudes toward COVID-19 vaccine certificates. We observed the lowest vaccine-certificate approval among participants who: self-identify as a visible minority; live in rural areas; are politically conservative; are 18–34 years of age; have children under age 18 living in the household; have completed an apprenticeship or trades education; and those with an annual income between $100,000–$159,999. The present findings are valuable for their ability to inform the implementation of vaccine certificates during future pandemic scenarios which may require targeted communication between public health agencies and under-vaccinated populations.

Consent in minors: the differential treatment of acceptance and refusal. Part 1 Autonomy and children's rights

SUMMARYThis is the first of two articles reviewing consent in those under the age of 18 (also referred to as ‘minors’ in UK law). This can be a complex issue in clinical practice because the law endows competent/capacitated minors with the absolute right to accept treatment, but a limited right to refuse. This first article summarises recent cases of refusal of treatment in minors. It uses them to ask two central questions: how do we, as clinicians, think about autonomous self-determination in minors and to what extent does the rights agenda support minors’ autonomous self-determination? Autonomy as one of the principles of biomedical ethics is explored. How the minors’ rights agenda supports the development of autonomy is considered. The amount of weight given in the domestic courts to the rights of minors with reference to the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child is described. These considerations demonstrate the way that the courts are giving the views of the minor greater weight in decision-making in keeping with age and maturity. This article introduces the second article, which comprehensively reviews decision-making in minors, explores competence and capacity in minors and examines the differential treatment of acceptance and refusal.

Abortion in India – an Overview

Abstract This paper makes an overview of the abortion status in India from social, legal and ethical perspectives. From the social perspective, it considers the figures and the reasons for abortion prevalence. From the legal perspective, it briefly examines the legal framework within which abortions are performed in India. From the ethical perspective, it refers to the limited range of ethical debates on abortion in the country. This overview reveals that ethical considerations on abortion in India are done exclusively from the angle of the rights of women – rights of autonomy, health care, and safe abortion – not from the angle of the rights of the fetus.

The Subjective Experiences of Social Inclusion of People with Mental Disabilities: The Perspective of Psychiatric Rehabilitation Service Users

本研究從精神障礙者（以下簡稱精障者）的個人經驗與主體立場出發， 探討精障者個人日常生活遭遇的各項社會融合經驗，及其對於社區精神 復健服務的主觀評價，並藉此描述精障者的主體性如何受到精神復健機 構的形塑。透過深度訪談八位使用社區精神復健服務的精障者，本研究 歸納發現：（一）精障者對社會融合的想法乃是回歸社區自立生活，並 期待透過工作所得賺取獨立生活費用，精障者願意為生活增添其他可能 性而努力，也藉由信仰產生自然的人際交流；（二）精障者的主體性源 自於對生活步調的掌控、對生活安排的自主權，並獲得他人的尊重與平 等對待；反之，當精障者被迫接受機構的權威管理與過度生活規範，其主體性將受到傷害；（三）對精障者而言，機構安排豐富多元的日常活 動與工作訓練，以及提供社會融合的橋樑等，都是符合其需求的精神復 健服務，而長期留置復健機構從事一成不變且低薪的勞力工作，則是精 障者最期待有所改善的服務層面。基於上述研究發現，本研究最後提出 相關政策與服務建議。Research purpose Empirical studies on the social inclusion of people with mental disabilities in Taiwan are limited. This study aims to fill this gap. As social inclusion emphasizes the subjective feelings, willingness, and motivation levels of people with mental disabilities, this study explores the issue of social inclusion faced by people with mental disabilities from their individual perspectives and experiences. It also examines how psychiatric rehabilitation services shape the subjectivity of people with mental disabilities, reviewing the pros and cons of psychiatric rehabilitation services in fulfilling the needs of service users. There are three research questions to be answered in this study. First, what are the viewpoints and subjective experiences regarding social inclusion of people with mental disabilities? Second, how is the subjectivity of people with mental disabilities shaped by psychiatric rehabilitation services? Third, what services meet these needs, and what improvements in services need to be made for people with mental disabilities in psychiatric rehabilitation institutions? Method This study follows a qualitative research approach to delineate the social inclusion of people with mental disabilities in Taiwan. Since psychiatric rehabilitation institutions are set up to help people with mental disabilities recover, the research participants in this study were people with mental disabilities in these institutions. Considering the various degrees of autonomy and opportunities for social interaction among people with mental disabilities, the interviewees recruited in this study included residents of halfway houses, members of community rehabilitation centers, clubhouse members, and residents of community houses. Ethical approval was obtained before conducting the research interviews in 2022. Six participants recorded face-to-face semi-structured qualitative interviews and two participated in online interviews because of the pandemic breakout. In total, eight interviews were conducted. After transcribing the interview recordings, thematic analysis was used to analyze the interview transcripts, and thematic findings were derived in accordance with the repetitive analytical procedures of &amp;ldquo;whole-part-whole.&amp;rdquo;Results The findings are summarized as follows. People with mental disabilities think social inclusion is to live independently in the community. They hope to work and earn a living, and strive for other possibilities. They may also engage in interpersonal interactions through religious affiliations. In addition, rights of choice and autonomy, equal interaction and treatment, and respect for individual needs in psychiatric rehabilitation units are supportive factors of the subjectivity of people with mental disabilities. However, some adverse conditions such as class differences, inappropriate authoritarian management, and incomplete autonomy jeopardize the subjectivity of people with mental disabilities. Rehabilitation services that meet the needs of people with mental disabilities include various daily activities, multiple job training programs, and bridges for social inclusion. In contrast, rehabilitation services that need to be improved are mainly concerned with low wages, a limited variety of job opportunities, and reverse service effects. Conclusion Based on the research findings, some implications for government policy reform and service improvement in community mental health and social care are proposed. First, it emphasizes the subjectivity of people with mental disabilities. Training courses for rehabilitation institutions&amp;rsquo; staff should emphasize the subjectivity of people with mental disabilities, help them achieve social inclusion and avoid the negative effects of institutionalization. Meanwhile, staff in rehabilitation institutions should return the choice and autonomy to people with mental disabilities and play the role of assistants with the belief that people with mental disabilities can be experts on their own lives. Second, they should provide employment opportunities for people with mental disabilities. Owing to the stigma of mental illness, poor educational backgrounds, aging problems, and other physical illnesses, people with mental disabilities are susceptible to social exclusion. Consequently, it is necessary to ensure that people with mental disabilities acquire various employment opportunities and job redesigning in response to functional impairment. To increase employment opportunities and income for people with mental disabilities, government sectors should work with rehabilitation institutions to expand employment resources, subsidize social enterprises, and establish shelter shops. Third, community support resources should be increased for individuals with mental disabilities. In the opinion of people with mental disabilities, financial problems are the most challenging for independent living. If government subsidies or residential services such as community houses are offered to people with mental disabilities to maintain a minimum quality of life, more people can return to community life. Additionally, people with mental disabilities require supportive community services to help them adjust to independent living and organize their daily lives. It is believed that by providing the abovementioned services, not only can the independent living and social inclusion advocated by the CRPD be fulfilled, but family caregivers&amp;rsquo; stress and burden can also be reduced.

TARGETS OF MUSIC INDUSTRY IN THE CONTEXT OF DIGITAL TECHNOLOGIES: A SHORT REVIEW

The object of this paper is to set grounds for future research in music business by carrying out scientific literature review analysing music industry from global economy perspective. Since technologies are sensitive to time a time frame for the research was set from 2020 until 2022. Only articles in English and Lithuanian were analysed. In total there were 75 articles used for the basis of the research in “Web of Science” database. According to their content, these articles were categorized into 5 sections: ICT (information and communication technologies) and neural networks; New business ventures; Creativity and education; Intellectual property rights and blockchain technology; Digitization, streaming. Research of scientific articles was a result of a compound search of keywords music industry and technologies. In order to widen the search keywords were used with a logic operator “or”. Scientific review of the articles showed that technologies affect the music business in these areas: lessened limitations, satisfied customer needs, digital economy force, overtaking old systems, collaboration, staying relative and creative, fighting against homogenization, digital education, increased safety and security, increased financial gain and market share, autonomous and transparent intellectual rights, eliminating piracy, content accessibility, artistic relevance. In order to carry out representative and valid research in music business, more research has to focus on the global aspects of how this industry operates. This article is a steppingstone in that direction showing which aspects of the business are discussed at the moment thus enabling other scientists to start narrowing the gap and provide more in-depth research. The findings suggest that research towards providing solutions to music industry participants on how to effectively deal with fast approaching technological advancements is necessary.

Why we have duties of autonomy towards marginal agents

Patients are usually granted autonomy rights, including the right to consent to or refuse treatment. These rights are commonly attributed to patients if they fulfil certain conditions. For example, a patient must sufficiently understand the information given to them before making a treatment decision. On the one hand, there is a large group of patients who meet these conditions. On the other hand, there is a group that clearly does not meet these conditions, including comatose patients or patients in the late stages of Alzheimer’s disease. Then there is a group of patients who fall into the range in between. At the lower end of this range are so-called ‘marginal agents,’ which include young children and patients in the middle stages of Alzheimer’s disease. They also do not meet the typical requirements for autonomy, which is why they are usually granted fewer autonomy rights. However, some of them are capable of ‘pre-forms’ of autonomy that express what is important to them. These pre-forms differ from mere desires and reflect the identification/authenticity condition of autonomy. They have something in common with autonomous attitudes, choices, and actions – namely, they express the value of autonomy. As I will argue, autonomy is a value worthy of protection and promotion – even in its non-reflexive forms. Against this background, it becomes clear why we have autonomy duties, more precisely positive, autonomy-enabling duties, towards marginal agents and why we should give them as much attention as autonomy duties towards competent patients.

Schisis en zwangerschapsafbreking: een ethische exploratie

Pregnancy termination in case of an orofacial cleft: investigation of the concept of reproductive autonomy Gynaecologists and cleft surgeons are sometimes confronted with the demand for pregnancy termination after ultrasound detection of an isolated cleft lip/palate. In this article, ethical approaches to this issue are described. Furthermore, it is discussed how recognising each person’s right to reproductive autonomy also entails that clinicians provide prospective parents with up-to-date and relevant clinical information. Finally, some recommendations are made respecting the right of autonomy of the pregnant woman and, at the same time, acknowledging that terminating the pregnancy due to a cleft lip may, in most cases, not be the best option.

스위스 협의민주주의에 관한 고찰

Consociational democracy was systemized by A. Lijphart in the early 20th century as a democratic model suggested as an alternative to limits of majority democracy that a winner takes all. A. Lijphart points out forming the largest government, recognition of mutual veto power, member proportional of the parliament and cabinet, and recognition of a minority of autonomous rights as prerequisites for consociational democracy. According to these elements, Switzerland is applicable to a consociational democratic state of the typical Bottom-up structure that completed present federalism based on decentralism which recognized equal rights regardless of the alliance size starting from the Old Swiss Confederacy in the 13th century. Especially, initiative and referendum done at the level of the 26 states and more than 2,000 Gemeindes can be the key resident participation system which checks the nation and local governments and enables sharing power through equal participation as the new opportunities that minority opinions are not excluded but included. Especially, because the initiative and referendum systems are linked together and play a role of controlling power and have the structure that they can be done regarding taxation, increases in budget, etc which have an important effect on local finance, they more accord with the idea of local self-government that the residents themselves are the main agents of the regions. And because they have the structure that oppositions to local councils' decisions can be done by initiative and referendum, they make the residents play an enough role as the final surveillant of local decisions. Because communications between residents and regions, among residents, and regions and the central government continue to be done in the initiative process, referendum, and general assembly of the residents and the preparation process in the resident participation system of the swiss style like this, the resident participation system in the Swiss consociational democracy is the most important element of discussion premised on conversations and communications. In comparison with this, because the Korean resident participation system has the structure that initiative and referendum are not mutually linked but separately operated, it's the structure synergy effects of participation cannot be created. And because important details from a position of the residents are mostly excluded from resident participation, it is the structure that it is hard for the residents to actively participate in them. In addition, in the structure that local councils examine and vote for ordinances proposed by the residents, the need for changing their roles to more active for resident participation is raised because they are not different from the existing committees' examination. If legal consideration like this is done, the resident participation system which has more expanded since 2021 can play a role of driving the development of Korean local self-government and democracy.

Consent for Teaching-The Experience of Pediatrics and Psychiatry.

Informed consent protects patients' right of autonomy, as they may refuse to participate in clinical teaching. In Pediatrics, young people aged 16 or over, and with the necessary judgment, may consent; in Psychiatry, consent is also essential due to the personal nature of the subjects addressed. This study aimed mainly to assess the practical application of informed consent in medical education. An observational cross-sectional study was developed, and an interview-like questionnaire was applied to participants waiting for a scheduled consultation for themselves or the person they represented, in Pediatrics and Psychiatry. Only 54% of Pediatrics participants and 75% of Psychiatry participants stated that the physician asked them if they minded the students' presence and an even smaller percentage from both departments affirmed that students introduced themselves as medical students and requested their consent to examine them. Patients feel satisfied to contribute to the students' training, although a considerable percentage of them had experiences without being informed or asked for consent, which represents an evident disrespect for their autonomy. There is a need to intervene and provide an adequate education of ethical values in clinical practice to students.

How judges can use their discretion to combat anti‐black racism in the United States family policing system

AbstractChild protection court judges have broad authority and practically unchecked discretion to shape the everyday experiences and long‐term outcomes for children and families that come before them. For Black families, this broad power to dictate intimate details of family life ‐ including the power to legally terminate a child's parental and familial connections ‐ is exercised within the historical and social context of chattel slavery and anti‐Black racism. Judges wield their power to regulate the everyday lives and intergenerational outcomes of Black families charged with child maltreatment within a legal and practice framework characterized by indeterminacy and subjectivity that implicates the parent–child relationship and the constitutionally recognized rights of family privacy, autonomy, and integrity. Drawing on the authors’ experiences and perspectives as Black women with personal lived expertise and professional practice with the so‐called child protection or child welfare system, and referencing the limited literature that examines parents’ experiences in child protection courts, this Article explores how judges’ exercise of discretion perpetuates anti‐Black racism in the family policing system and suggests ways child protection judges can consciously exercise their discretion to mitigate harm and maximize due process, accountability, and justice for Black children and families. The authors urge child protection judges to heed the expertise and wisdom of Black parents about their family's needs and desires, to hold child protection agencies and workers accountable to their legal obligations and duties, and to tightly constrain their own tendencies to silence, punish, and regulate Black parents.

Forced Organ Harvesting

Forced Organ Harvesting

Dignity and the Founding Myth of Bioethics

In this article, I reject the "principlism" of Tom Beauchamp and James Childress and argue that respect for autonomy is, and ought to be, the fundamental value of bioethics. To do so, I offer a reconstruction of what I call the field's "founding myth," a genealogy that affords primacy to the right to be respected as a human being with dignity. Next, I examine the relationship between this basic right and a derivative right of autonomy. I suggest that principlism has promulgated an uncharitable understanding of respect for autonomy, one that ensures that the principle cannot occupy the central position I claim for it. Finally, I sketch a more plausible understanding of respect for autonomy and explore its implications.

Geo-Cultural Identity and Multiculturalism in Kiran Desai’s The Inheritance of Loss

Harmonizing the concerns of geo-cultural claims posited against the ‘melting-pot’ ideology of multicultural societies is a challenge for negotiating a cultural identity. Dominant strains of geo-cultural identities often involve problematising structures such as language, ethnic identity, territorial autonomy, environmental concerns and immigrant rights. This paper seeks to explore Desai’s The Inheritance of Loss for representing the polarities through the sketches of diverse cultural entities whom she conjoins in the mesmeric ‘culture-space’ of the novel. The characters, Jemubhai, Sai, Gyan and Biju, traverse the liminal thresholds of cultural identity within and between the geo-cultural and multicultural space.