Legal Considerations Research Articles

Whole-eye transplantation: Current challenges and future perspectives.

Whole-eye transplantation emerges as a frontier in ophthalmology, promising a transformative approach to irreversible blindness. Despite advancements, formidable challenges persist. Preservation of donor eye viability post-enucleation necessitates meticulous surgical techniques to optimize retinal integrity and ganglion cell survival. Overcoming the inhibitory milieu of the central nervous system for successful optic nerve regeneration remains elusive, prompting the exploration of neurotrophic support and immunomodulatory interventions. Immunological tolerance, paramount for graft acceptance, confronts the distinctive immunogenicity of ocular tissues, driving research into targeted immunosuppression strategies. Ethical and legal considerations underscore the necessity for stringent standards and ethical frameworks. Interdisciplinary collaboration and ongoing research endeavors are imperative to navigate these complexities. Biomaterials, stem cell therapies, and precision immunomodulation represent promising avenues in this pursuit. Ultimately, the aim of this review is to critically assess the current landscape of whole-eye transplantation, elucidating the challenges and advancements while delineating future directions for research and clinical practice. Through concerted efforts, whole-eye transplantation stands to revolutionize ophthalmic care, offering hope for restored vision and enhanced quality of life for those afflicted with blindness.

Penyelesaian Kumulasi Perkara Isbat Nikah dan Cerai Talak dalam Putusan Nomor 0307/Pdt.G/2018/PA.Sby

In the practice of proceedings in the Religious Courts, judges generally immediately apply Article 7 Paragraphs (2) and (3) of the Compilation of Islamic Law (KHI) without testing the strength of its enforceability before the law. Thus, even though these provisions are difficult to understand, the majority of Religious Court judges, with their interpretation, understand the provisions in Paragraph (3) letter a, as if it is mandatory to accept the application for itsbat marriage if it is submitted in combination with the application for talak divorce, even though the marriage was carried out after its entry into force. Law no. 1 of 1974. The consideration of the marriage isbat law itself is still a matter of polemic. Bearing in mind that the position of KHI which is the basic reference for legal considerations by judges is not included in the statutory hierarchy. This happened in the divorce divorce case Decision Number 0307/Pdt.G/2018/PA.Sbg. Several issues can be raised that become a polemic regarding the marriage isbat law, namely how the essence of the marriage isbat law is related to the essence of the marriage isbat law in the marriage legal system in Indonesia. Then what is the legal position of marriage isbat in the Religious Courts which was implemented after Law Number 1 of 1974. The provisions for marriage isbat in Indonesia only came into existence after the birth of Law Number 1 of 1974 concerning Marriage. In addition, the law has given legitimacy to judges to further explore the values ??and sense of justice in society.

Navigating autonomy and decision-making capacity: Legal and ethical considerations in Medical Assistance in Dying for individuals with mental disorders in Portugal

Portugal has recently amended its absolute prohibition on euthanasia and assisted suicide that now permits it conditionally and exonerates those providing this practice. People with a mental disorder or medical condition that affects their decision-making capacity (DMC), regardless of the mental disorder, its contemporaneity, or its connection to the decision itself are expressly excluded from this service unless they are assessed and deemed capacitous. In the absence of any statute concerning capacity or assisted decision-making, this legislation raises concerns about potential discrimination, conflicting with the presumption of capacity principle. A shift toward a DMC model is proposed. This model allows for the assessment of capacity for specific decisions, addressing the ethical implications of respecting or overriding a terminally ill person’s autonomous will for medical assistance in dying. This review paper examines the challenges of assessing DMC in depression and examines several questions of ethical and legislative nature for future consideration.

Implementing a School-Entry Mandate for the Human Papillomavirus Vaccine: Benefits and Challenges.

Human papillomavirus (HPV), a common sexually transmitted infection, has prompted the development of vaccines to mitigate associated cancer risks, particularly cervical cancer. Regions that have achieved a high rate of vaccination coverage are witnessing a transformative impact on public health, with a notable reduction of up to 30% in the incidence of cervical cancer cases. Emphasizing the broader impact of vaccination on public health, this review investigates the role of a school-entry mandate for the HPV vaccine, aiming to inform decisions about its potential benefits and challenges. With a focus on understanding the significance of vaccination, the review delves into its potential to reduce the physical, emotional, and financial burdens associated with HPV-associated cancers. Implementing school-entry mandates for the HPV vaccine offers benefits such as increased vaccination rates, protection against HPV-related diseases, and long-term health advantages. However, challenges include ethical concerns, parental opposition, and logistical issues. Successful implementation requires clear communication, collaboration, and education, with legal and ethical considerations addressing constitutional rights, liability concerns, autonomy, and equitable access. In summary, the implementation of school-entry mandates for the HPV vaccine offers the potential for increased vaccination rates and the reduction of health disparities. However, this approach is challenged by factors such as opposition, associated costs, and legal and ethical considerations. The decision to mandate the HPV vaccine requires a delicate balance between public health priorities and individual rights, necessitating clear communication, education, and collaborative efforts to address the complexities involved.

A cybersystemic view of autonomous weapon systems (AWS)

Autonomous Weapon Systems (AWSs) are perhaps one of the most contentious forms of technology. However, the notion of an AWS is not easily defined since its differentiating feature from a weapon is the autonomous system. This lends itself to a systems approach to making sense of what constitutes an AWS.This paper's aim is to examine how a systemic perspective can aid our understanding of an AWS. It is proposed that an AWS can be interpreted in terms of three pillars. Firstly is system, which, when viewed in terms of self-regulating systems, leads to the second pillar which is autonomy. Underpinning the functioning of these self-regulating systems is the third pillar, values, manifesting in their legal and moral considerations. The UK approach to AWS, revealed in a number of recent Ministry of defence documents is explored using the three pillars. This provides a rich insight into the complexity associated with AWS and the challenge of defining what constitutes the system, the nature of autonomy and how values govern their use, in particular legal compliance and ethical judgement. It is concluded that the three pillars offers a useful framework to make sense of the complexity of other forms of autonomous technological systems.

Progress in Legal Research on Pet Animal Protection Issues

The research progress on legal issues regarding animal protection is a crucial aspect in the field of animal welfare. This paper delves into the historical development of animal protection laws, shedding light on the evolution of legal frameworks aimed at safeguarding the rights and well-being of animals. It also explores the contemporary legal challenges in animal protection, addressing the complexities and gaps in existing laws that hinder effective enforcement and implementation. By examining the current state of animal protection laws, this study offers valuable insights into potential solutions and future directions for advancing the legal protection of animals. Through a comprehensive analysis of the legal landscape surrounding animal welfare, this research contributes to the ongoing discourse on the ethical and legal considerations in animal protection.

Governance and legal considerations supporting prehospital emergency care in low and middle-income countries—For the Special Series on Prehospital Care in LMICs

The global imperative to expand prehospital emergency care in low and middle-income countries to reduce health disparities and improve outcomes for time-sensitive health conditions is well established in academic literature and public policy discussions. However, the governance and legal frameworks essential for the strategic development of prehospital systems remain understudied and inadequately addressed. This paper delves into the critical role of governance in prehospital systems, emphasizing its impact on equity, human rights, and the provision of timely, quality emergency care.Health system governance, defined as a complex interplay of mechanisms, processes, and institutions, is a neglected yet pivotal component of prehospital care. By highlighting previously described barriers, we underscore the opportunity to strengthen prehospital care through improved governance, particularly in leadership and legislative standards. Drawing on the World Health Organization’s Health System Building Blocks and the Emergency Care System Framework, we elucidate the multifaceted nature of governance in the prehospital context, including the coordination of diverse stakeholders, the establishment of standards, and the creation of accountability mechanisms. We emphasize the importance of applying a human rights perspective to governance, ensuring non-discriminatory and timely access to emergency care. Through the application of an established governance framework of 10 principles to assess prehospital system governance, we offer policymakers and stakeholders a structured approach to identify weaknesses, propose solutions, and evaluate progress in the prehospital system.To provide practical insights, we present a contemporary case study of Ghana’s National Ambulance Service Act and the Health Institutions and Facilities Act of 2011, which establish a structured approach to governance and oversight while reflecting Ghana’s commitment to advancing emergency care yet faces common challenges to operationalizing the laws.We advocate for a renewed focus on governance as an essential building block for effective prehospital emergency care. By providing a comprehensive framework and case study analysis, the paper offers actionable insights to guide policymakers and stakeholders in developing and evaluating governance initiatives that improve the availability, accessibility, acceptability, and quality of prehospital care globally.

The Usage Of Bakamla Force In Safeguarding The Seas Of Indonesian Jurisdiction

This abstract aims to highlight Indonesia's maritime security challenges, including threats, jurisdictional defense, and Bakamla's role. It also discusses limitations in maritime operational capabilities. This study employs a qualitative research method to describe, explore, and understand the meaning perceived by individuals or groups regarding current social or human phenomena. The research adopts a juridical-normative approach with a focus on the principles of the use of force by Bakamla RI. Data is collected through literature reviews and analyzed using qualitative data analysis techniques proposed by Miles, Huberman, and Saldana (2014) which involve data condensation, data display, and conclusion drawing and verification. The result is maritime security is an important aspect for a country. Maritime security refers to threats to the maritime. The Indonesian Sea, which has abundant natural resource potential and as an international trade route, is vulnerable to maritime threats. The Maritime Security Agency or Bakamla exists as an effort to maintain and defend the jurisdiction of Indonesian waters for the sake of national interests. In its role, often the threat is faced with a situation in which the use of force must be carried out. The use of force is a last resort to address existing threats based on the basic principles of the use of force and firearms (BPUFF), codes of law enforcement, human rights and applicable national and international law. The use of force must be carried out based on the scale and level of risk of the existing threat, not necessarily the use of force is allowed under the pretext of self-defense.The conclusion is Indonesia's maritime richness faces increasing threats, necessitating careful use of force by Bakamla, guided by legal and ethical considerations.

Integrating Agricultural Emissions into the European Union Emissions Trading System: Legal Design Considerations

In the European Union, greenhouse gas emissions statistics indicate only a slight decreasing trend over the last number of years in emissions from agricultural sources. Unless drastic action is taken in other sectors, the European Union’s 2030 and subsequent climate targets are unlikely to be met without greater reductions made in agricultural emissions. The policy instruments aimed at reducing agricultural emissions that are currently in place have proven to be ineffective; therefore, there is a need to look for new approaches towards bringing agricultural emissions down faster and farther. One obvious new approach is to integrate agricultural emissions into the European Union Emissions Trading System, which, so far, has proven very successful in reducing greenhouse gas emissions in the energy and industrial sectors. Hardly any attention has been paid in the scholarly legal literature to the question of integrating agricultural GHG emissions into emission trading systems. This article seeks to fill this gap. This paper presents the concluding findings of a Dutch Research Council-funded research project that aimed to assess whether and under what conditions the European Union Emissions Trading System could play a role in compelling the agricultural sector to reduce its greenhouse gas emissions. We answered this question by looking at lessons learned from existing examples in the world of market-based approaches to integrating agriculture into emission reduction schemes. To do this, we performed an ex-post assessment of three of the very few examples that exist in the world of such schemes in Canada, California, and Australia, followed by an ex-ante assessment of the prospect of including agricultural emissions under the European Union Emissions Trading System based on the practical experiences of those examples. In the ex-ante study, we evaluated how such inclusion could work, either indirectly, through allowing on-farm offset programs to reward increased carbon sequestration, or directly, by requiring farmers and/or other actors in the agricultural sector to surrender allowances for their direct emissions. As lawyers, we focused mainly on the legal considerations of such a proposition. Having conducted both the ex-ante and ex-post assessments, we conclude that introducing stricter legal instruments of one form or another that will reduce agricultural greenhouse gas emissions and increase carbon removal on agricultural land seems necessary for the European Union if it is serious about achieving its commitments under the Paris Agreement and meeting its obligations under its own Climate Law. The project makes a novel contribution to the legal scholarship in concluding that the most viable starting point for such stricter legislation would be to include methane and nitrous oxide emissions from livestock keeping and synthetic fertilizer use, respectively, under the European Union Emissions Trading System. To start with, this could be conducted by obliging meat and dairy processors and synthetic fertilizer producers to surrender allowances for the on-farm emissions associated with their products. This could be complemented by introducing a voluntary, but still highly regulated, carbon credits scheme that could encourage and reward farmers for reducing their own emissions and for transitioning to net-zero, and overall, more climate-resilient and environmentally friendly farming practices. Such credits could be offered for sale on the private carbon market as well as to Member State governments and the European Commission (through, for example, the Common Agricultural Policy, State Aid schemes, or the Innovation Fund).

Considerations for legal, ethical, and effective practice in dementia research.

Dementia represents a potentially overwhelming health burden, both for the UK and worldwide. Addressing this fast-growing issue is a key priority for the government, health service and the public. Advances in care including the development of efficacious disease-modifying, and eventually curative, treatments can only be achieved through effective dementia research. Specifically, research directly involving participants with dementia is essential to further understanding. However, working with cognitively impaired participants with and without capacity to consent to research presents unique ethical and legal challenges. For clinicians and scientists on the frontline of dementia research, scenarios frequently arise that pose such challenges. A lack of guidance for a consistent approach in navigating these scenarios limits researchers' ability to proceed with confidence. This represents a threat to the rights and wishes of research participants as well as the field at large, as it may lead to studies being unnecessarily terminated or, worse, poor practice. In this article, we take a multiprofessional approach, informed by carer input, to these issues. We review the relevant ethical and legal literature relating to the conduct of non-interventional research studies in patients with dementia. This includes a thorough recap of the Mental Capacity Act (2005), which provides a legal framework in England and Wales for conducting research with participants who lack capacity to consent. We also discuss the important, but sometimes incomplete, role of research ethics committees in guiding researchers. We then present and discuss a series of case vignettes designed to highlight areas of incomplete coverage by existing governance. These vignettes describe theoretical scenarios informed by our own real-word experiences of encountering ethical issues when conducting dementia research. They include scenarios in which participants demonstrate varying degrees of understanding of the research they are involved in and ability to communicate their wishes and feelings. Building on these vignettes, we then provide a checklist for researchers to work through when presented with similar scenarios. This checklist covers the key ethical, legal and practical considerations that we have argued for. Taken together, this article can act as a guide, previously lacking in the literature, for colleagues in the field to enable much needed ethical, legal and effective research.

Gandhak-Potash Blast: Mechanism of Explosion and its Legal Consideration in India.

Gandhak-Potash Blast: Mechanism of Explosion and its Legal Consideration in India.

Beyond the Chair: Exploring the Boundaries of Teledentistry.

Teledentistry, a blend of dentistry and telecommunications used to provide dental care from a distance, holds great promise in enhancing public health, especially in reaching communities with limited access. However, putting it into practice has its own set of obstacles and background variables. It is frequently difficult to obtain dental treatment, especially in rural or economically underdeveloped areas. By removing geographical constraints and offering virtual consultations and diagnostics, teledentistry provides a solution. The quick development of technology, such as portable electronics and high-speed internet, has increased accessibility and efficiency in communication, which has aided in the acceptance of teledentistry. Getting traditional dental care can be costly, particularly for people without insurance. As an affordable substitute for traditional dental care, teledentistry may lower overhead expenses related to physical dental offices. Early interventions and preventive care can greatly enhance oral health results and lessen the need for later, more invasive procedures. There are disparities in the availability of digital gadgets and internet connectivity. The laws that control telehealth services might differ greatly between nations and areas. While teledentistry can help with remote consultations and triage, it might not be able to do thorough examinations or other diagnostic treatments that need in-person attendance. Delivering dependable, top-notch telemedicine services in developing areas can pose challenges. Certain dentists might hesitate to utilize teledentistry due to concerns about the quality of care, liability issues, or potential impacts on their traditional practice models. It could be difficult to get patients to accept and use teledentistry services. This review is undertaken to assess the effectiveness of teledentistry in public health as well as legal and regulatory considerations for practicing teledentistry. Teledentistry might be the future of the oral health sector, thus fully capitalizing on this enormous opportunity to change how oral therapies are administered. Patients, dentists, and the dental community at large will need to have highly open minds. For the community's well-being and to gain its trust, ethical considerations are crucial. The outcomes of teledentistry can be attained by overcoming the obstacles and using comprehensive methods and approaches. It was noted that teledentistry is a potential strategy that combines dental care with telecommunication technology to enhance patient outcomes, reduce healthcare inequalities, and expand access to oral health services. The delivery of oral healthcare is being revolutionized by teledentistry, especially in light of contemporary issues including geographic restrictions, lack of access to dental treatment, and the ongoing global health crisis.

Biological Sample Collection to Advance Research and Treatment: A Fight Osteosarcoma Through European Research and Euro Ewing Consortium Statement.

Osteosarcoma and Ewing sarcoma are bone tumors mostly diagnosed in children, adolescents, and young adults. Despite multimodal therapy, morbidity is high and survival rates remain low, especially in the metastatic disease setting. Trials investigating targeted therapies and immunotherapies have not been groundbreaking. Better understanding of biological subgroups, the role of the tumor immune microenvironment, factors that promote metastasis, and clinical biomarkers of prognosis and drug response are required to make progress. A prerequisite to achieve desired success is a thorough, systematic, and clinically linked biological analysis of patient samples, but disease rarity and tissue processing challenges such as logistics and infrastructure have contributed to a lack of relevant samples for clinical care and research. There is a need for a Europe-wide framework to be implemented for the adequate and minimal sampling, processing, storage, and analysis of patient samples. Two international panels of scientists, clinicians, and patient and parent advocates have formed the Fight Osteosarcoma Through European Research consortium and the Euro Ewing Consortium. The consortia shared their expertise and institutional practices to formulate new guidelines. We report new reference standards for adequate and minimally required sampling (time points, diagnostic samples, and liquid biopsy tubes), handling, and biobanking to enable advanced biological studies in bone sarcoma. We describe standards for analysis and annotation to drive collaboration and data harmonization with practical, legal, and ethical considerations. This position paper provides comprehensive guidelines that should become the new standards of care that will accelerate scientific progress, promote collaboration, and improve outcomes.

Analisis Hukum Onrechtmatige Daad dalam Perjanjian Jual Beli Tanah Warisan yang Dijual Secara Sepihak Menurut Kitab Undang-Undang Hukum Perdata

This analysis aims to explore the legal concept of onrechtmatige daad (act against the law) in the context of a sale and purchase agreement for inherited land that is sold unilaterally according to the Civil Code. The main focus of this analysis is to determine whether the act of unilaterally selling inherited land can be categorized as onrechtmatige daad based on the applicable civil law provisions. This research involves analysis of various relevant articles and court decisions to gain a comprehensive understanding of this issue. It is hoped that the results of this analysis can contribute to enriching understanding of the legal protection of inheritance rights in the context of land sale and purchase agreements according to civil law in Indonesia.In carrying out this analysis, the relevance of court decisions related to similar cases is crucial. Analysis of these decisions will provide an overview of how the law of onrechtmatige daad is applied in the context of a unilateral sale and purchase agreement for inherited land. Through this approach, patterns of court decisions can be identified that can illustrate how civil law is interpreted in similar cases, and how legal considerations are considered in the relevant context.It is hoped that the results of this analysis can contribute to enriching understanding of the legal protection of inheritance rights in the context of land sale and purchase agreements according to civil law in Indonesia.

Legal Perspectives on Research Data Storage

Responsibly managing research data has become increasingly important for researchers, especially within the database research community. Despite significant progress in best practices, the state-of-the-art in research data storage is lacking from a legal perspective. We introduce the stakeholders and the dynamic nature of their relationships (such as researchers changing affiliation) and observe that no existing infrastructure for research data storage fully meets their requirements. Therefore, we emphasize the need to design a comprehensive system architecture for research data storage that is aligned with legal considerations from the start, rather than as an afterthought.

Legal framework and practical implications of vessel arrest and release: a study on limitation periods and maritime claims in Bangladesh

ABSTRACT This study delves into the intricate legal framework governing vessel arrest and release in Bangladesh, with a specific focus on the practical implications concerning limitation periods and maritime claims. The maritime industry plays a pivotal role in Bangladesh’s economy, yet the complexities surrounding vessel arrest and release often pose challenges for stakeholders involved. Through a comprehensive examination of relevant laws, regulations, and case studies, this research elucidates the legal mechanisms underpinning vessel arrest and release procedures. Moreover, it scrutinises the applicability and enforcement of limitation periods in maritime claims, shedding light on the intricacies of pursuing legal remedies within prescribed timeframes. By exploring practical implications, including procedural hurdles and judicial interpretations, this study offers insights into navigating the dynamic landscape of vessel arrest and release in Bangladesh. Ultimately, it aims to provide stakeholders, including shipowners, operators, insurers, and legal practitioners, with a deeper understanding of the legal intricacies and practical considerations inherent in maritime operations within Bangladeshi waters.

Legal Considerations on Personal Information Protection Systems that Use Blockchain

Legal Considerations on Personal Information Protection Systems that Use Blockchain

Tinjauan Yuridis Putusan Pengadilan Agama Stabat No.1062/Pdt. G/2015/PA.Stab Tentang Pembatalan Hibah Perspektif Teori Keadilan

This study aims to analyze the decision of the Religious Court Stabat No.1062/Pdt. G/2015/PA.Stab regarding grant cancellation. This study uses a statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of grants uses article 35 paragraph 1, article 36 paragraph 1 of law number 1 of 1974 concerning joint property and article 1338 of the Civil Code regarding agreements/agreement, thus ignoring the article regarding the permissibility of withdrawing a grant object even though the grant is without the approval of other heirs. The panel of judges should ideally be guided by the concept of Maqasid Syari'ah, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family ties, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the legal considerations made by judges in deciding cases of cancellation of grants are inconsistent in terms of the application of the legal system in force in Indonesia because according to him a sense of justice has not been fulfilled for justice seekers.

Addressing illegal longlining and ghost fishing in the Galapagos marine reserve: an overview of challenges and potential solutions

Despite regulations aimed at curbing shark finning and bycatch, shark fishing mortality rates continue to escalate, partly due to unintended consequences of these policies which, along with illegal, unreported, and unregulated fishing and ghost fishing, undermine conservation efforts. The ineffectiveness of current regulations to curb shark mortality highlights the pressing need for reevaluating shark conservation strategies, especially in ecologically sensitive areas. In this context, the debate on enforcing longlining bans in multiple-use marine protected areas, including shark sanctuaries, is intensifying. Some argue for total bans to minimize incidental shark mortalities, while others highlight the socioeconomic importance of longlining, advocating for alternative conservation measures. In 2000, longline fishing was banned in the Galapagos Marine Reserve (GMR) as a precautionary measure to prevent illegal fishing of sharks and bycatch of endangered, threatened, and protected species. After 24 years of enforcement, official and anecdotal evidence indicate that illegal small-scale tuna longlining and ghost fishing are increasing threats across the reserve. This paper provides an overview of the longline fishing controversy within the GMR, incorporating scientific evidence, legal and socioeconomic considerations, and perceptions from the Galapagos small-scale fishing community. We offer novel insights and recommendations for the development of the Galapagos small-scale tuna fishery within an ecosystem approach to fisheries. This approach aims to reconcile conservation goals with the needs of local communities, while also proposing innovative solutions to address the longstanding debate surrounding longlining in the GMR.

The Potential of Ketamine in Palliative Care: Ethical and Legal Considerations in Ghana

This study delves into exploring how ketamine could be beneficial, in providing care in Ghana investigating the legal considerations surrounding its usage. By utilizing the CRuPAC method (Context, Rule, Principle, Application and Conclusion) the research assesses how effective and safe ketamine is in addressing pain and depression identifies principles at play and reviews the legal frameworks regulating medication use within Ghana. The results underscore the potential of ketamine in enhancing symptom management and quality of life for patients receiving care while underscoring the importance of an approach to ensure its safe ethical and fair utilization. The study puts forth suggestions such as establishing protocols offering training initiatives and incorporating ketamine, into the National Health Insurance Scheme. Its significance lies in guiding policy making based on evidence and practices that prioritize welfare and independence.