Law In Norway Research Articles

Risk Assessment of the Use of XyRex® Formulations on Fish Used for Production of Fish Meal to Fish and Animal Feed: Effects on Animal Health, Human Health and the Environment

Risk Assessment of the Use of XyRex® Formulations on Fish Used for Production of Fish Meal to Fish and Animal Feed: Effects on Animal Health, Human Health and the Environment

Lack of informed consent for surgical procedures by elderly patients with inability to consent: a retrospective chart review from an academic medical center in Norway

BackgroundRespect for patient autonomy and the requirement of informed consent is an essential basic patient right. It is constituted through international conventions and implemented in health law in Norway and most other countries. Healthcare without informed consent is only allowed under specific exceptions, which requires a record in the patient charts. In this study, we investigated how surgeons recorded decisions in situations where the elderly patient’s ability to provide a valid informed consent was questionable or clearly missing.MethodWe investigated all medical records of patients admitted to surgical departments in a Norwegian large academic emergency hospital over a period of 38 days (approximately 5000 patients). We selected records of patients above the age of 70 (570 patients) and searched through these 570 medical records for any noted clear indications of inability to consent such as “do not understand”, “confused” etc. (102 patients). We read through all the medical records on these 102 patients noting any recordings on lack of informed consent, any recordings on reasoning and process hereto. We also took note whether there were clear indications on the use of coercion.ResultsNone of the 102 included patients´ charts contained legally valid recorded assessments (for example related to the patients´ competence to consent) when patients without the ability to consent were admitted and provided healthcare.Some charts contained records that the patient resisted treatment, thus indicating treatment with coercion. In these situations, we did not find any documentation related to legal requirements that regulate the use of coercion.Discussion and conclusionWe found a substantial lack of compliance with the legal requirements that apply when obtaining valid informed consent. There are many possible reasons for this: Lack of knowledge of the legal requirements, disagreement about the rules, or that it is simply not possible to comply with the extensive formal and material legal requirements in clinical practice. The results do not point out whether the appropriate measures are amending the law, educating and requiring more compliance from surgeons, or both.

Extra Unionem nulla salus? Teaching and researching EU law in Norway and Switzerland

ABSTRACTBrexit is creating great uncertainty in the UK, including as concerns the future of EU law as an academic discipline. This article tries to shed some light on the issue by describing the situation in two countries whose relations to the EU might provide a blueprint for future UK–EU relations: Norway and Switzerland. After outlining the current state of relations between these states and the EU, the authors describe the (rather flourishing) state of EU law in Swiss and Norwegian academia. The conclusion is that for EU law as a discipline, there is indeed salvation outside the EU. However, a precondition for success is a high level of economic and legal integration.

Ambiguous participation in older hospitalized patients: gaining influence through active and passive approaches-a qualitative study.

BackgroundPatient participation is required by law in Norway and in several western countries. Current participation ideology is based on individualism, which may conflict with the older generation’s commonly held values of solidarity and community. Hence, different values and ideologies may come in conflict when older patients receive treatment and rehabilitation in geriatric wards. Participation is a guiding principle in rehabilitation. Criteria for admission of older patients to geriatric wards are complex health problems, acute illness and/or acute physical and/or cognitive functional failure. The ideal is an active and engaged patient. The aim of the study was to describe the difficulties experienced by older patients on acute geriatric wards when involving themselves with their own treatment and care.MethodsIn this qualitative study older patients were interviewed during hospitalization in geriatric wards and asked to tell about their experiences with participation. Data analysis was conducted using a phenomenological hermeneutic method.ResultsThe patients experienced difficulties in participating in decisions and care. They linked their difficulties to their own diminishing capabilities, and cited the ward’s busy schedule as a reason for abstaining from participation. However, despite their reservations, they did participate in decisions in different ways. Their participatory practices appeared ambiguous and they employed various strategies to put themselves in a position of influence. The most important of these involved their relatives. The patients delegated to family the tasks of seeking, receiving and giving information to the nurses and the staff, and, to some extent, for the dialogues with hospital staff about their needs and plan of care. The family appeared to accept the responsibility willingly.ConclusionsThe patients addressed their difficulties by authorizing family members to act and participate on their behalf. This underlines the family’s important role in patient participation and the role that nurses and other staff must play in collaborating with the patient and their family to facilitate participation independently of the patients’ performances of participation.

Included, but still not equal? Gender segregation at quota regulated boards

In 2003 Norway introduced a new regulation that required at least 40 percent of each gender on company boards. Norway was the first country in the world to introduce such a law, but several countries have since proposed similar arrangements. Before the reform, opponents of the law in Norway claimed that the new women directors would not be allowed to participate fully in board decision-making. Instead, their role would only be window dressing. Based on a questionnaire sent to all directors in public limited companies in 2009, the article studies this allegation. Results show that women directors report less ability to influence board decision making than men directors. Moreover, women to a lesser extent feel they are part of the inner circle on boards where such phenomena is perceived to exist. These tendencies also hold when we control for many other independent variables such as board role, ownership interest, number of directorships, and occupation, among others. Hence, the quota regulated boards might show tendencies of gender hierarchies and resegregation.

Nærlys på tvang og makt overfor personer med utviklingshemming

<p align="left"><strong><span style="font-size: medium;">Focusing at the use of coercion and force against people with intellectual disability </span></strong></p><em><em></em></em><p>The use of coercion and force against people with intellectual disability has been regulated by law in Norway since 1999. Each episode of coercion is challenging the human rights and has the potential to be an act of violation. The requirements for proceedings, ethical considerations and the requirements for professional competences, is special in Norway comparing to the other Scandinavian Countries. The article examines the notifications of coercion and the claim form from the staff working in communities with people with intellectual disability. The notifications of coercion have different approach. The attitude and the way of behavior are strongly related to the approach. The language in the notifications is strongly different. We talk about a subject-subject-relation and a subject-object-relation. It seems like there can be less use of coercion and force, if the staff involved, has the knowledge of how important the relation affect on the good interaction. The staffs own role, in preventing the need of using coercion and force, can be better recognized and improved.</p><em></em>

Smoking Bans, Maternal Smoking and Birth Outcomes

An important externality of smoking is the harm it might cause to those who do not smoke. This paper examines the impact on birth outcomes of children of female workers who are affected by smoking bans in the workplace. Analyzing a 2004 law change in Norway that extended smoking restrictions to bars and restaurants, we find that children of female workers in restaurants and bars born after the law change saw significantly lower rates of being born below the very low birth weight (VLBW) threshold and were less likely to be born pre-term. Using detailed data on smoking status during pregnancy, we find that relative to the control group, most of the benefits arise from changes in smoking behavior of the mother; the effect of second hand smoke exposure on birth outcomes in this formulation appears to be quite small. However, we find suggestive evidence of substituting behavior, i.e. a greater likelihood of smoking at home among fathers, since children born to male workers in restaurants and bars after this law change appear to have slightly worse outcomes. Using individual tax data, we find that the law change did not result in changes in earnings or employment opportunities for those affected, thus suggesting that the effects seen are likely a direct result of changes in smoke exposure in utero. Using a twins based analysis, we link very low birth weight status to adult labor force participation and suggest that via the improvements in birth weight alone, the smoking restriction law in Norway could result in a 0.2 percentage point increase in full time employment by age 28.

The next of kin of older people undergoing haemodialysis: a discursive perspective on perceptions of participation

This paper is a report of a study conducted to explore how the family members of older people who will undergo haemodialysis treatment for the rest of their lives perceive participation. The rights of families to participate in treatment and health care are supported by international law, and by national law in Norway since 1999. This study, which employed an explorative qualitative approach, was carried out in Norway in 2008. Data were derived from transcribed interviews with seven family members underwent critical discourse analysis. Three discourse practices about the next of kin perception of participation were found: (1) to care and take control, (2) to struggle for involvement, and (3) to be forgotten and powerless. The next of kin said that they had no dialogue with the healthcare team, and some fought to be included in the decision-making process. The dominant part of the discourse as expressed by the next of kin seems to be a paternalistic ideology. Thus, finding ways to enable the next of kin to participate in the decision-making process seems to be a major challenge for the healthcare team in the dialysis units.

Integrated care in Norway: the state of affairs years after regulation by law.

A mandatory multidisciplinary plan for individual care, the 'Individual care Plan', was introduced by law in Norway in 2001. The regulation was established to meet the need for improved efficiency and quality of health and social services, and to increase patient involvement. The plan was intended for patients with long-term and complex needs for coordinated care. The aim of this study was to elaborate on knowledge of such planning processes in Norwegian municipalities. A piloted questionnaire was sent to 92 randomly selected municipalities in 2005-2006, addressing local organization and participation in the work with individual care plans. Local political governance, size of the population, funds available for health care, and problems related to living conditions were indicators for analysing the extent to which the individual care plan was used five years after the regulation was introduced. Our results showed that 0.5% as opposed to an expected 3% of the population had an individual care plan. This was independent of the political, social and financial situation in the municipalities or the way the planning process had been carried out. The planning process was mostly taken care of by local health and social care professionals, rather than by hospital staff and general practitioners. The low number of care plans and the oblique responsibility among professionals for planning showed that the objectives of the national initiative had not been achieved. More research is needed to determine the reasons for this lack of success and to contribute to solutions for improved multidisciplinary cooperation.

Meaning making, democratic participation and art in early childhood education: Can inspiring objects structure dynamic curricula?

Young students' democratic participation in the pedagogical work of early childhood education is required by law in Norway. In order to explore pedagogical methods, which allow students' democratic participation in visual arts curricula, an action research project with a sociocultural profile was conducted. Generating space for the students' contributions required ongoing interpretation and reflection during the pedagogical work, and through this process a new understanding of curricula as dynamic emerged. During the research project the teachers and students mutually and continuously influenced each other's meaning making. This challenged the teachers to search for a suitable balance between planning and pedagogical improvisation, which involved careful listening to children. The findings from the study suggest that flexible curricula can be structured around careful choices of inspirational objects (stories, sculptures, art paintings and art materials) in art-based and interdisciplinary work in early childhood education.

The politics of security and international law in Norway's Arctic waters

ABSTRACTSecurity policy challenges in the high north should be approached both as an insight into the international legal framework on which co-existence in the region rests and as a soberrealpolitikanalysis. Against this background, the objective of this article is to paint a more balanced picture of security policy options in Norway's Arctic waters, rather than observing contemporary general discourse on the topic might suggest. Management of marine resources, delimitation of unresolved maritime boundaries and relations with Russia in the northern maritime areas are used as examples to substantiate our main thesis which is that dispassionate diplomacy is more likely to resolve disputes than is military confrontation.

Principles versus procedures in making health care coverage decisions: addressing inevitable conflicts

It has been suggested that focusing on procedures when setting priorities for health care avoids the conflicts that arise when attempting to agree on principles. A prominent example of this approach is "accountability for reasonableness." We will argue that the same problem arises with procedural accounts; reasonable people will disagree about central elements in the process. We consider the procedural condition of appeal process and three examples of conflicts over coverage decisions: a patients' rights law in Norway, health technologies coverage recommendations in the UK, and care withheld by HMOs in the US. In each case a process is at the center of controversy, illustrating the difficulties in establishing procedures that are widely accepted as legitimate. Further work must be done in developing procedural frameworks.

Closure in an Open Profession. The Impact of Social Origin on the Educational and Occupational Success of Graduates of Law in Norway

Education in law in Norway must be characterised as an open educational field, with lower entry requirements than other prestigious professional fields. Such an open system might be expected to lead to a high degree of equality by social class origin among the graduates. The impact of social origin is assessed at different steps of the educational and occupational career in a unique sample consisting of all Norwegian graduates in law between 1981 and 1996. The results demonstrate that there is a high level of social inequality in academic performance, which is greater at later stages than early in the educational career. Large and increasing income inequality is found also, for graduates with equal levels of academic performance. Various mechanisms that may produce this pattern are discussed, including specific forms of cultural capital, such as knowledge about strategies of self-employment, social and financial capital.

Closure in an Open Profession. The Impact of Social Origin on the Educational and Occupational Success of Graduates of Law in Norway

Education in law in Norway must be characterised as an open educational field, with lower entry requirements than other prestigious professional fields. Such an open system might be expected to lead to a high degree of equality by social class origin among the graduates. The impact of social origin is assessed at different steps of the educational and occupational career in a unique sample consisting of all Norwegian graduates in law between 1981 and 1996. The results demonstrate that there is a high level of social inequality in academic performance, which is greater at later stages than early in the educational career. Large and increasing income inequality is found also, for graduates with equal levels of academic performance. Various mechanisms that may produce this pattern are discussed, including specific forms of cultural capital, such as knowledge about strategies of self-employment, social and financial capital.

Status of the brown bear in Norway: Distribution and population 1978–1982

A century ago, brown bears Ursus arctos L. were common in forested regions throughout Norway, even on the larger islands. Between 1846 and 1850, they were killed in every county, and the steadily mounting pressure of hunting resulted in a drastic reduction of the population during the following years. Bears were given protection by law in Norway in 1973. The status of the population was ascertained through surveys made during 1978–1982. Bears are distributed across large parts of Norway, and the survey yielded 17 definable populations. The national total comprises approximately 160–230 individuals. The term population is used in cases where bears are established in an area. The main criterion for the confirmation of establishment was confirmed breeding during the period. Areas with scattered observations, where reproduction has not been verified, are said to comprise an occurrence. A minimum of 41 instances of confirmed reproduction were recorded, with at least 64 cubs from 13 different populations throughout the country. It is concluded that the population is slowly increasing, and there is no real case for regarding the bear as a threatened species in Norway. But as a result of its distinctive discontinuous distribution, it must still be recognised as vulnerable. The bear population is to some extent shared with Sweden, Finland and the USSR, and is partly dependent on the management and population development in these countries.

The aetiology of jaw fractures in Norwegian patients

Summary The present study comprises 332 patients with jaw fractures, occurring in 1970 and 283 patients, in 1980, all cases were treated at the Department of Maxillo-Facial Surgery, Ulleval Hospital, Oslo, Norway. The aim of the investigation was to determine the aetiology of these fractures. Most noticable was a significant increment in interpersonal violence as a cause of such injuries, when comparing the causation in 1970 with 1980. With regard to the significant reduction in the traffic accident group in 1980, this favourable finding possibly reflects the importance of the use of safety belts in motorcars, the obligatory use of which was introduced by law in Norway in 1979.

En annen skogbrukshistorie. Kulturspor i trær – forvaltning og formidling av objekter og miljøer

Culturally modified trees are a new type of cultural heritage in Scandinavia, introduced by Swedish researchers in the 1990s. One characteristic type is bark-peeled pine trees, which have Sami origin, and are protected by law in Norway. Today such trees reflect a previous sustainable use of forest resources, which is very different from modern clear-cutting of ancient forests. As a result, they represent a different kind of forestry history, in contrast to the technological and masculine content that largely characterises the current dissemination of human relationships to forest growths. There are indications that bark-peeled trees were also considered sacred by the Sami people. This gives museums special challenges when it comes to communication, as in cases where bark-peeled trees are to be removed from their natural environment, and preserved indoors. Another issue is whether the story behind these trees should be exclusively mediated by Sami institutions.

Some Remarks About the Relations Between Municipal Law and International Law in Norway

Some Remarks About the Relations Between Municipal Law and International Law in Norway