Legal Obligations Research Articles

No Conflicting Loyalties in Parents When Their Healthy Child Donates Stem Cells to a Severely Ill Sibling: An Interview Study.

Background: When a potential stem cell donor to a seriously ill child is a healthy sibling below 18 years, Swedish parents have the legal right and obligation to decide on behalf of the donor child. However, there are potentially conflicting loyalties when parents have one severely ill child in need for a cure and one healthy child who will be subjected to medical procedures. This study explored parents' experiences related to their decision on stem cell donation, as well as ethical considerations in the donation process where outcomes are uncertain. Method: Individual interviews were performed with 18 parents of 13 minor donors after successful hematopoietic stem cell transplantations. Interviews were analyzed using inductive Reflexive Thematic Analysis. Results: The parents were living with the threat of losing a child, and in this context, the main theme No conflicting loyalties was found and included four subthemes; Focus on the ill child, Sibling as the preferred donor, Obvious that the healthy child should donate, and Keep on keeping on. Conclusion: When a healthy child is a potential donor to an ill sibling, their parents' main focus is on the cure for the ill child. The lack of obvious conflicting loyalties among parents highlights the need to secure an ethical process for healthy minor donors and the importance of a separate donor advocate for these minor donors.

Relative-to-resident abuse in Norwegian nursing homes: a cross-sectional exploratory study.

In community settings, relatives often provide care to their older family members, which is sometimes perceived as a high burden, overwhelming and stressful, contributing to an increased risk of elder abuse. In most countries, relatives have no legal obligation to provide care when family members are admitted to nursing homes; nevertheless, studies have shown that relatives continue to provide emotional, instrumental, and personal care after admission, often related to the understaffing and high workload of nursing staff. Despite the growing interest in elder abuse in nursing homes, most studies have concentrated on the abuse perpetrated by nursing staff or co-residents, but few studies have explored the abuse that relatives may perpetrate. This study was a cross-sectional survey of 3,693 nursing staff members recruited from 100 nursing homes in Norway, to examine the extent of relative-to-resident abuse in Norwegian nursing homes, as observed by nursing staff. The findings indicate that 45.6% of the nursing staff had observed one or more episodes of relative-to-resident abuse during the past year. Among the subtypes of abuse, 44.8% of the nursing staff had observed psychological abuse, 8.4% had observed physical abuse, 2.7% had observed financial/material abuse, and 0.7% had observed sexual abuse at least once during the past year. This is the first large study exploring the extent of relative-to-resident abuse in nursing homes, which is a phenomenon that is significantly less addressed than abuse committed by staff and co-residents. The findings in our study illustrate that abuse committed by relatives needs more awareness and attention to improve the well-being of nursing home residents. Further research is recommended to enhance our understanding of such abuse and should include other approaches measuring the proportion of relative-to-resident abuse, as relying solely on staff observations is insufficient for determining the prevalence in this case. Future studies should also examine the cumulative impact of victimization in nursing homes and should include an analysis of how cases of abuse are reported and handled.

Neurodivergence resource bank showcase

An awareness of neurodiversity is important for educators as there has been an increase in the number of neurodivergent students accessing higher education (HE) in recent years (HESA, 2022). Additionally, universities have a legal obligation under the Equality Act 2010 to provide anticipatory reasonable adjustments to reduce barriers to learning (Equality Challenge Unit, 2010). In this wildcard session, the authors presented the journey of the ALDinHE Neurodiversity/ Inclusivity Community of Practice (CoP). They invited new members to become involved with the CoP. CoPs are ‘socially configured spaces that necessarily involve learning as an aspect of membership’ (Tummons, 2018, p.4). Community members can become involved by joining the bi-monthly meetings, hosting a session on a topic they are passionate about, or reviewing submissions for the Neurodivergence Resource Bank. The session offered delegates the chance to explore the Neurodivergence Resource Bank. This open-access repository is available through ALDinHE’s website, meaning all HE staff can access the resources. This is key as all HE staff ‘should be aware of inclusive teaching practices, to ensure an equitable learning experience for all students’ (Dettmer and Welton, 2023, p.64). Participants gave feedback on the submissions. They were also encouraged to submit their resources to it. This session explained how to submit resources and the benefits of evidencing impact for professional development.

Civil Law in the Context of Inheritance: Drafting a Validand Functioning Will

This study aims to analyze the legal responsibility of business owners in the case of work accidents and the implications of existing regulations on worker protection. Using a normative juridical approach, this study identifies and analyzes the legal provisions that govern the responsibilities of business owners based on applicable legislation, including the Manpower Law and related government regulations. Data was collected through literature studies that included legal literature, official documents, and analysis of court decisions relevant to work accident cases. The results of the study show that business owners have a significant responsibility in maintaining occupational safety, where a good understanding of regulations and the implementation of safety policies greatly affects the compliance of business owners. The study also identified that there are obstacles for business owners, especially small-scale ones, in meeting their legal obligations related to occupational safety. Therefore, this study recommends increased socialization regarding occupational safety regulations, as well as support for business owners to better understand and fulfill their legal obligations. It is hoped that the results of this research can contribute to the development of labor laws that are more responsive and effective in protecting workers' rights, as well as creating a safer work environment

Protection of Human Rights in the Global Garment Industry

Considerable expansion of the global garment industry, which in recent decades has become one of the largest employment sectors worldwide, has intensified scrutiny of states’ and businesses’ responsibilities, especially as production increasingly shifts to countries with less strict labour regulations. Analysis of the landscape reveals that, significant progress notwithstanding, world dialogue on business responsibilities has still not arrived at a solution. The complex network of stakeholders in the garment industry brings particular challenges to enforcing human-rights protection in this domain. The article explores the intersection of business practices and human rights within the garment sector, focusing on Bangladesh, India, and Pakistan, three countries which play a pivotal role in global fashion exports. Examining the legal obligations of state and non-state actors under various UN instruments by analysing the Universal Periodic Review mechanism and the concluding observations of the Committee on Economic, Social and Cultural Rights, it identifies critical issues in protecting human rights in these countries and briefly also reviews recent advances in the EU in the realm of business and human rights. The paper presents evidence that the growing influence of non-state actors calls for extending the obligations from traditional approaches’, which have focused on state responsibilities. Among the solutions proposed are reforming wage systems and imposing direct human-rights requirements on corporations, supported by more vigorous enforcement.

Prescribing contraceptives to minors without parental knowledge and consent

Abstract Background Sexually active adolescents may seek oral contraceptives without parental consent, posing challenges due to minors’ confidentiality and consent regulations. This is especially the case under the un-nuanced Israeli legal scheme regarding adolescents’ care. Methods Israeli OBGYNs were contacted through mailing lists and social media groups and asked to fill an online questionnaire regarding their experience and protocols concerning prescription of contraceptives to minors. They were also asked about their comprehension of the relevant legal obligations, the importance they ascribe to different ethical interests and considerations, as well as their training. Results Of the 177 responding gynecologists, 75% consulted minors about contraceptives during the past year, most of them without any training on providing care to adolescents. More than a third of respondents believed that parental involvement wasn’t legally required, while only 8% thought it mandatory for all minors under the age of 18. Most (75%) would ‘almost always’ prescribe contraceptives without parental knowledge upon request, while 20% never would. No correlation was found between respondents’ practices and their perception of the legal obligations. Participants agreed that the risk to the health of the minor due to having sex without contraceptives is of utmost importance. Those willing to prescribe gave greater weight to minor’s autonomy consideration, while those who do not prescribe were more concerned with the acts legal ramifications. The majority set the age of 15 as the threshold for consistently prescribing contraceptives to minors without parental involvement. Conclusions Access to contraceptives for mature minors without parental involvement is vital. There is great need for education and training for healthcare providers on providing medical treatment to adolescents, as well as for the development of policies and guidelines, addressing adolescents’ health disparities. Key messages • Israeli legal requirements challenge and hinder adolescents’ care as well contradict OBGYNs ethical and professional beliefs. • There is great need for education and training, as well as for the development of policies and guidelines, addressing adolescents’ health disparities.

Short‐term effects of food waste composts on physicochemical soil quality and horticultural crop production

AbstractAimComposts made from food waste will soon become more widespread on the market thanks to the upcoming enforcement of the legal obligation to sort biowaste. Our experiment aims at improving knowledge on the short‐term effects of these composts on soils’ physicochemical properties and vegetable crops.MethodsThree composts with contrasting characteristics were tested: a 100% v/v green waste compost (C1), and two composts composed of 50% v/v food waste and 50% v/v green waste, one prepared directly on the soil (C2) and the other from a competing producer who have the French NFU 44‐051 (AFNOR NF U 44‐051, 2006) certification for an organic amendment (C3). They were applied at a rate of 100 t ha−1 (dry matter) on two cropped soils with contrasting textures. Soil‐and‐compost mixes and compost‐free soil were planted with lettuce, radish, and potato.ResultsSeventy‐four days after planting, composts improved some soil physicochemical properties. The compost‐amended soils had better saturated hydraulic conductivity (Ks, 1 10−3–2.5 10−3 cm s−1) than the compost‐free soil (0.5 10−3 cm s−1), and water‐stable aggregates were higher than the initial value in C3 soil, equal to it in C2 soil, and lower in C1 soil. pH, total nitrogen, and organic carbon increased in all compost‐amended soils. Food waste compost stimulated crop production. The yields (dry matter) of all three crops were two to three times higher in the two soils amended with food waste compost compared to unamended soil, whereas they decreased almost two times in the soil amended with green waste compost due to nitrogen immobilization. Trace metals (particularly Pb and Cd) added by the composts, although present in edible parts of the plants, did not exceed the European rules for trace metals.ConclusionThus, food waste composts have positive effects on soils and vegetable crops, and the higher their organic matter content, the higher these positive effects.

Witness Preparation at the International Criminal Court

Abstract The case law on witness preparation at the International Criminal Court (ICC) does not provide a coherent answer to whether it is admissible. Similarly, scholars have examined this practice from different perspectives, but they have not come to a consensus, and no academic study focuses on the link between witness preparation and witnesses’ well-being. This article analyses ICC case law on this issue and identifies three different approaches to witness preparation. It suggests that witness preparation corresponds to a legal obligation under Article 68 of the Rome Statute to protect witnesses’ well-being. Additionally, Article 68 imposes an obligation to ensure witnesses are adequately prepared upon the entire ICC and not only its judges. This article recommends that the ICC should hold a broad consultation on witness preparation with different actors. Finally, given that the practice has the potential to be abused, this article provides some suggestions on how to balance witness preparation with the right to a fair trial and witnesses’ rights.

Responsibility of Land Deed Officials: Implications of Legal Convergence on the Harmonization and Integration of Collateral Law and Telematics Law

The dynamics of the convergence of telematics law within the national legal system, notably in the area of land, are represented by the Minister of Agrarian Affairs and Spatial Planning's Regulation Number 5 of 2020, which also serves as the head of the National Land Agency. One of the effects of land digitization is the Ministerial Regulation, which has changed the mortgage rights registration process from a traditional system to an electronic or digital one. Despite being virtual, the digitalization of Mortgage Rights registration involves actual legal actions with clear legal ramifications. The Land Deed Official is directly involved in the electronic execution of Mortgage Rights, which is governed by the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020. The objective of this study is to investigate the consequences of the convergence of the Law on Mortgage Rights and the Telecommunication Law. This convergence results in the creation of digital-based Mortgage Rights via an integrated Electronic Mortgage Registration system, which is also known as the Electronic Mortgage System. The role and obligations of the Land Deed Official are also affected by this. This study employs a prescriptive, normative-juridical methodology. Based on the research findings, it is known that the conversion of the collateral registration system from a traditional system to a digital system is affected by the convergence of telematics legislation and the law of collateral guarantees. Because of the discord and breakdown of the Mortgage Law, the Electronic Information and Transactions Law, and the Regulations of the Land Deed Official, this also affects the status and legal obligations of the Land Deed Official, who fails to maintain the principle of justice..

International Legal Guiding Principles for State Activity in Cyberspace

The rapid development of information technologies and the emergence of cyberspace as a new domain of state activity raises critical questions regarding the regulation of state actions within this space under international law. It is evident that international law applies to cyberspace; any contrary approach would create a legal vacuum, implying that states lack international legal obligations related to cyberspace and undermining state sovereignty in this new realm. Given that states are the primary subjects of international law, denying their applicability to cyberspace is existentially untenable. Despite the clear applicability of international legal principles to cyberspace, international law, like law in general, is often rigid and fails to keep pace with rapid technological advancements. Consequently, a key challenge in the international legal regulation of cyberspace is the specific application of international law in these contexts. This leads to several fundamental questions: How do the fundamental principles of international law apply to cyberspace? What is the effect of sovereignty in cyberspace? How are cyber operations attributed to the state? How is cyber-armed conflict regulated? This article addresses these fundamental issues of international legal regulation in cyberspace. Based on the findings of this research, draft guiding principles for state activity in cyberspace were proposed, which could serve as the foundation for an international methodological document, offering an alternative to the unrepresentative Tallinn Manual and potentially paving the way for a future universal international treaty in this area.

Legal Consequences of Authentic Deed with False Identity Against Notary

Given the very important role of Notaries in upholding justice and truth in society, everyone who participates in law enforcement is obliged to carry out their duties with integrity and devotion, thus raising the degree of the Notary profession to a noble level (officium nobile). This can lead to increasingly complex and challenging tasks amidst the increasingly intense competition between Notaries, which in turn causes some Notaries to be less careful in carrying out their official obligations. The rapid changes in society are accompanied by the increasing need for Notary services, especially in the midst of globalization. People need Notary services in order to carry out their legal obligations, especially in the framework of civil law, where the implementation of a legal action depends on the existence of supporting documents such as letters or documents. This deed is often made by a Notary in the form of an original deed, so that it has more legal weight because of its official and legal existence. Notaries are public officials who have the authority to make Deeds and other legal authorities, as stated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices. In Indonesia, the legal system is very important to resolve various disputes between the government and the community. Another indication that legal certainty has been guaranteed is the stipulation or legalization of a contract by a Notary. The purpose of this normative legal research is to examine laws and regulations relating to the position and duties of Notaries in society

Compensation as an Effect of International Liability in International Law

The incident establishing international responsibility has a legal obligation for persons of international law that includes States and international organizations, and international responsibility arises only when the violation is against the person of international law, where the responsibility is attributed to the international person because the internationally wrongful acts are from the legal system applied between States and organizations and not others, and they have the right to repair the damage resulting from those prohibited acts.

A Study on Veterinary Faculty Students' Opinions on Ethics Education and Career Choices: A Case of Ondokuz Mayıs University.

Veterinary ethics is a multifaceted element of the veterinary profession as it deals with various ethical issues related to medical practice, animal welfare, professional behaviour and societal expectations. By focusing on teaching ethics in veterinary medicine education, it will be possible to guide future veterinarians through the ethical dilemmas and conflicts they may encounter in their careers. To evaluate the opinions of the Ondokuz Mayıs University Faculty of Veterinary Medicine intern students about ethics education in veterinary medicine. Evaluation and comparison of the perspective on ethics education and career choice. A cross-sectional descriptive survey design was used to collect data via a questionnaire. Data obtained from 87 out of 119 students in the intern programme were evaluated. Responses were analysed by statistical methods. In the study, it was determined that pet veterinary services (private sector) and government veterinary services (public sector) were the leading career choices of intern veterinary students; female and male students wanted to turn to different fields of work; and the difference in career preferences did not change the views on ethics education. It was observed that students needed applied teaching and measurement-evaluation methods in ethics education and sought role models in developing ethical attitudes and behaviours. In addition to gaining ethical knowledge in veterinary education, it was observed that they attach importance to professional and legal obligations. This study is one of the few studies on veterinary ethics education and career choice in Turkey. The study results provide information to guide the development of veterinary ethics education to prepare future veterinarians for the complex ethical issues they will face in their careers.

Legal Obligations of Mining Companies in the Implementation of CSR Based on Laws And Regulations

The mining sector plays a crucial role in Indonesia's economy by significantly contributing to national income and employment. However, mining operations can also result in adverse environmental and social impacts. This study aims to examine the legal responsibilities of mining companies in implementing Corporate Social Responsibility (CSR) as stipulated by statutory regulations. PT Bengalon Limestone serves as the case study for this research. Utilizing qualitative research methods with a normative and empirical legal study approach, the data collection method employed is a literature review. Collected data are analyzed through three stages: data reduction, data presentation, and drawing conclusions. The results show that PT Bengalon Limestone has a legal obligation to implement Corporate Social Responsibility (CSR) through several concrete steps. First, the company must carry out the Community Development and Empowerment Program (PPm). In implementing this PPM, PT Bengalon Limestone refers to the Decree of the Minister of Energy and Mineral Resources No. 1824/2018 which includes eight main programs. Furthermore, PT Bengalon Limestone is required to build and maintain public facilities and infrastructure, including road infrastructure which is an important access for the community's economy, and contribute to improving the quality of education and public health. Corporate social and environmental responsibility must be carried out in accordance with applicable legal provisions, including Law No. 25 of 2007, Law No. 40 of 2007, Law No. 4 of 2009, and Government Regulation No. 23 of 2010.

Paradox of Criminal Provisions Formulation Regarding Reporting of Political Party Campaign Funds in the 2024 General Election

Political parties as a form of organization whose scope is the political field make it a primary position in modern democracy which is required to be in line with democratic norms and election principles. The characteristics of political parties as legal subjects (subjectum juris) of corporations/public legal entities that can also act in the private sphere that are attached to legal consequences for all actions or deeds, and legal relationships, both in the administrative, civil, and criminal spheres. One of the actions or legal acts of political parties in the Election is the legal obligation to report campaign funds honestly, accountably, and transparently in accordance with the principles of organizing elections as a legal act that has the potential to have administrative and criminal consequences. In several formulations of criminal provisions of the Election Law which are specifically formulated for political parties as legal subjects (subjectum juris) of corporations, although the construction of the articles does not explicitly mention political parties, but refers to the phrase Election Participants which consists of 5 Articles, namely Article 496, Article 525 Paragraph (2), Article 526 Paragraph (2), Article 527, and Article 528 Paragraph (1) of the a quo Law. One of the actions or legal acts of political parties that has the potential to be subject to criminal penalties is the provision of Article 496 of the a quo Law related to election participants who intentionally provide false information in the Election campaign fund report, which constructively-holistically reaps problems in the actions or legal actions of political parties as election participants as well as the problem of deadlocked norms in related articles in the a quo Law.

The Spectre of Re-Fencing Off the Public Domain: Italian Copyright and Cultural Heritage Legal Scenarios

Abstract International and European Union (EU) law jointly promote cultural development as a global and cross-border value, mandating national efforts for the preservation, enjoyment, and enhancement of cultural heritage. Cultural development is also the specific objective underlying Art. 14 of the EU Copyright in Digital Single Market Directive (CDSMD), designed to ensure that works of visual arts in the public domain remain a vital source of cultural enrichment across the Union. Against this backdrop, the Italian legal system is currently showing some resistance against such legal obligations. Its transposition of Art. 14 CDSMD explicitly refers to the applicability of the Italian Cultural Heritage Code, which typically requires permission and, in many cases, a fee payment to use reproductions of works of cultural significance, notwithstanding their public domain status. Concurrently, Italian courts have engineered new forms of exclusivity over cultural heritage belonging to the public domain, ignoring copyright law and other applicable norms. The study examines the Italian legal framework on public domain cultural heritage, unveiling a significant degree of incompatibility with international and EU legal obligations. Through a literal, systematic, and teleological legal analysis, the authors unearth how the Italian legal system fails to balance norms regarding cultural heritage, copyright, and data, thus calling for coordinated EU and national interventions towards a sound application of legal rules safeguarding the public domain.

The category of legal obligation in the judicial practice of the ECtHR

It is indicated that the category of duty, as opposed to the rights and freedoms of a person and citizen in the context of studying the content of the Convention and its interpretation in the practice of the ECtHR, has not yet become the subject of a comprehensive study. That is why we believe that the study of the understanding of the obligation in the content of the Convention and the corresponding practice of the ECtHR will be of urgent importance for legal science. The activity of the European Court of Human Rights on the application and interpretation of the Convention on the Protection of Human Rights and Fundamental Freedoms is increasingly gaining importance, particularly in the aspect of interpreting certain legal phenomena. The reason for this trend is the fact that the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms are formulated extremely comprehensively from a content point of view, so their meaning in all the variety of content manifestations is revealed precisely in the practice of the European Court of Human Rights. The interpretative activity of the ECtHR is also of great importance for ensuring the principle of legal certainty. It is the interpretation of legal norms that allows the subject of law to understand their essence, purpose and purpose, as well as to correctly use such norms in certain legal situations. In addition, the interpretative activity of the Strasbourg Court is a tool for increasing the effectiveness of the implementation of convention norms and the level of protection of the legal rights and freedoms of a person and a citizen. And although the practice of the ECtHR does not provide us with definitions of legal obligation, it almost does not indicate its signs, however, responding to the dynamic development of social life, the ECtHR comes to more and more relevant interpretations of the studied concept. A clear example of this is the ECtHR’s chosen approach to the interpretation of the state’s obligations in the field of human rights, which provides for ever wider variations, without singling out exclusively negative or positive obligations. In addition, from the content of the Convention, we identified the concept of «ordinary civic duties» and gave them a description based on the judgments of the ECtHR. Finally, we emphasized the use in the practice of the ECtHR of the concept of «obligation of due diligence», which has not yet been properly developed in domestic science, but plays an important role in the doctrine of obligations.

Unilateral acts of states in the international legal system

The article examines unilateral acts of states in the international legal system based on a complex systemic analysis. The methodological basis was the dialectical method, which made it possible to understand the essence of international legal obligations of states in inseparable unity and general connection. The relevance of the study is determined by the trends inherent in modern international law. First, with the development of information technologies, and especially with the development of forms of information transmission, the sphere of activity of states is transformed. An increasing number of interested persons knows their positions on a wide range of international legal issues. On the one hand, it simplifies the process of identifying the state’s position when its analysis is necessary for international legal qualification. On the other hand, in such a situation, the possibilities for interpreting the behavior of a specific state from the point of view of its agreement or disagreement with a certain legal situation expand. In the practice of international relations, there is an expansion of the system of sources of international law. The study of these sources is necessary for understanding the foundations of international law, solving specific international problems and increasing the effectiveness of international cooperation. As the practice of international jurisdictional bodies accumulated, the subject of study of which was unilateral acts of states, the research emphasis shifted from establishing the essence of unilateral acts to assessing their relationship with the sources of international law. It is noted that unilateral acts play an important independent role in the modern international system, which is characterized by both fragmentation and growing globalization. Modern means of communication have made it possible to make unilateral acts one of the most frequently used tools of state interaction. The appropriateness and necessity of the development of the legal regime of unilateral acts is emphasized and substantiated. Unilateral acts of states are recognized as independent additional sources of international law capable of generating international legal norms, and they can be found in the «sources» section of many leading international legal documents.

Redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement

The article is focused on studying the topical issue of determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The author of the article has stated that the right to judicial protection includes both holding a judgement and its timely execution. Timely and full execution of a judgement guarantees the realization of subjective rights recognized by the judgement and fulfillment of legal obligations confirmed by it. It has been proved that execution of judgements within civil legal proceeding should be carried out taking into account the European Convention on Human Rights and the European Court of Human Rights case-law. In particular, the ECtHR insists on the great importance of such a property of a judgement that has become final (res judicata), as the possibility and factual enforceability of its actual execution by the state. It has been noted in the paper that the adoption of a number of new legislative acts, which introduced a lot of amendments in the field of executive proceedings, foreground researches focused on levying of execution of judgements from a new angle, in particular, the topical issue on determining the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement. The requirements of reasonableness and fairness should be considered while determining the amount of compensation. Non-pecuniary damage is compensated regardless of the pecuniary damage that is subject to compensation and is not related to the amount of this compensation. Non- pecuniary damage is compensated on a once-only basis, unless otherwise stipulated by the contract or law. As a general rule, the infliction of the non- pecuniary damage to another person is the basis for the obligation to redress for the non- pecuniary damage. The obligation to redress for the non-pecuniary damage caused to a person by illegal decisions, action or act of omission of a state authority while exercising its powers arises under the following conditions: existence of non- pecuniary damage; wrongfulness of the person’s behavior who caused non-pecuniary damage; existence of causal relation between wrongfulness of the person’s behavior who caused non-pecuniary damage and its result - non-pecuniary damage. On the basis of the conducted research, the author has concluded that the possibility of redress for the non-pecuniary damage in case of exceedingly long non-execution of the final judgement supports the integrity of the legal system by ensuring the execution of judgements and maintaining trust. When judgements are executed with consequences, the authority of the judicial system is undermined and the effectiveness of the legal system is put at stake. The integrity of the legal system is preserved and public confidence in the judicial system is strengthened by upholding the authority of a judgement through the possibility of compensation. It is impossible to bear with non-execution, because it creates a dangerous precedent that undermines the foundation of an honest and fair legal system.

Rights-Based Legal Considerations for TB Isolation Practices in Community Settings in the Post-Pandemic Era.

State and local governments are free to enact infectious disease control laws to protect the public health but must conform those laws to right-based limitations imposed by the United States Constitution. TB control laws that empower public health agencies and their representatives to institute restrictions on movement and activities for persons with TB have remained largely unchanged for decades and warrant review to ensure consistency with modern legal principles. During the COVID-19 pandemic, there was increased attention to the tension between non-pharmaceutical public health interventions (masking, isolation, lock-downs) intended to reduce transmission and improve community health and their potential negative consequences on learning, mental health, individual finances and the economy at large. Increasing evidence suggests that much of TB transmission is likely to have occurred prior to diagnosis and treatment initiation, and there is limited scientific evidence for the efficacy of community-based isolation in reducing TB incidence or TB mortality; by contrast, there is evidence that treatment rapidly reduces infectiousness, and that prolonged isolation may have deleterious health and financial effects for persons with TB. The post-pandemic era presents an opportunity to reassess public health authorities' legal obligations in designing voluntary and involuntary isolation policies for persons with tuberculosis. In so doing, state and local governments can recalibrate the balance between respect for individual constitutional rights and achieving public health TB goals.