Legal Policy Research Articles

Developments in cannabis enforcement practices and patterns associated with non-medical cannabis legalization policies: a basic literature/data review

ABSTRACT Non-medical cannabis control has recently shifted to legalization policies in multiple jurisdictions, including North America. In addition to improved public health and safety, legalization aims to advance other, including ‘social justice’ outcomes, e.g. as related to cannabis law enforcement. We identified and examined (10) available studies from North American jurisdictions specifically assessing developments or changes in cannabis-related enforcement practices and patterns from pre- to post-legalization contexts. While source data-related study approaches and policy settings are heterogeneous, essential results suggest that legalization policy implementation has been associated with mostly 1) substantive reductions in enforced cannabis (e.g. possession/use) offenses involving legal-age adults; 2) mixed – ranging from decreases to increases – developments regarding enforcement targeting (under-age) youth; 3) decreases in total but persistence of relative race-related enforcement disparities involving both adult and youth populations. These data imply at least partial legalization-related successes toward improved related ‘social justice’ aims in these respects, while key questions remain, specifically concerning systemic enforcement biases involving racial minorities and the criminalization of underage youth as vulnerable groups. These enforcement-related outcomes of cannabis legalization policies warrant continued monitoring and in-depth policy-analytical examination, while jurisdictions newly implementing legalization should pay particular attention to ‘social justice’ objectives.

Role adaptation of nurses caring for older adults with terminal diseases in geriatric hospitals.

To understand the role adaptation process of nurses caring for older adult patients with terminal diseases in Chinese geriatric hospitals. The Chinese government has been encouraging the conversion of secondary general hospitals and some tertiary hospitals into specialized geriatric hospitals; however, research on nurses' adaptation to caring for older adult patients with terminal diseases in these hospitals is lacking. Individual in-depth interviews were conducted with 13 registered nurses with a minimum of two years of experience caring for older adults with terminal diseases. Following Glaserian grounded theory, open, selective, and theoretical coding were conducted for data analysis. The study followed the Consolidated Criteria for Reporting Qualitative Research checklist. "Guards of the shining sunset" emerged as the core category. Participants experienced three stages: "chaotic me," "rational me," and "inclusive me." They highlighted two causes, three contexts, two intervention conditions, three strategies, and two consequences. The study shows that nurses play a key role in "guarding the shining sunset" of older adult patients with terminal diseases. The observed role adaptation process provides theoretical support for interventions to assist nurses in becoming inclusive "guards of the shining sunset." Nurses play a unique role as guardians protecting the end-of-life quality of elderly patients. Their role needs to be expanded and strengthened via effective coping strategies and comprehensive legal, education, welfare, and professional promotion support policies. The substantive theory offered by this study may be applied by nurses, department leaders, geriatric hospital managers, and national-level institutions to underpin future interventions and improve role adaptation.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered. The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized. The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed. The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession. The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed. The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

CIBERCRIMES: ESTELIONATO VIRTUAL NO DIREITO BRASILEIRO

The research addresses the topic of cybercrimes, focusing on virtual fraud in the context of Brazilian law. The main objective is to analyze the elements that make up the practice of virtual fraud, investigating its insertion in the Brazilian legal system and the evolution of the rules that govern this crime. In addition, the research discusses the emergence of virtual fraud, its distinctive characteristics and the punishments provided for in current legislation. The study also seeks to understand virtual crimes in Brazil and evaluate preventive measures aimed at victims, aiming to reduce and inhibit the practice of this crime, which has grown with the digitalization of everyday transactions. Strengthening digital education policies and creating protection mechanisms for users, especially the most vulnerable, are strategies that should be adopted in conjunction with the application of criminal laws. The conclusion highlights the need for more effective educational and legal policies to mitigate the damage caused by this type of fraud in the cyber environment.

The prophet on trial: Baptist dissenters before the Soviet courts, 1960s–1980s

ABSTRACT This article explores the courtroom behaviour of adherents of the oppositional dissenter wing within the Evangelical Baptist community in the Soviet Union, who faced trials for violating Soviet religious laws between the 1960s and 1980s. The analysis reveals that the accused believers developed a nuanced defence strategy encompassing three core elements: mobilizing support from their fellow believers in courtrooms, constructing communicative patterns that involved drawing prosecutors and judges into theologically driven dialogues about truth, and employing distinctive rhetoric aimed at questioning the legal foundations and legitimacy of Soviet religious policy. The accused Baptists adopted a marked confrontational stance towards state officials in charge of criminal prosecutions and trials, striving to overcome them in argument. Ultimately, the courtrooms became a platform for them to voice and promote their faith-based views on state politics and freedom.

Addressing Internal Migration Challenges in Kazakhstan: A Systematic Approach

This research article provides a comprehensive analysis of migration processes within Kazakhstan, focusing on the challenges in internal migration. The current trends in internal migration are leading to substantial differences in the distribution of the workforce, negatively affecting both the economy of the country and regional inequalities. The authors present an economic and mathematical model that demonstrates a connection between a decrease in the appeal of migration to certain locations and a fall in the gross regional product. Furthermore, a thorough examination of the legal framework, program execution, and policy documents reveals problems in the effective use of regulatory mechanisms, particularly in relation to rural migration issues. The study presents a systematic approach and an organizational regulatory scheme to improve the scientific methodology. This scheme takes into account numerous aspects and conditions that affect internal population migration dynamics. Received: 11 July 2024 / Accepted: 31 October 2024 / Published: 05 November 2024

A Critical Analysis of Social Engineering Theory in the Context of Legal Development in Indonesia

The theory of Social Engineering is a legal theory that views law as a tool for social engineering. However, the concept of Social Engineering in the context of legal development in Indonesia faces gaps in its implementation, often clashing with social, economic, political, and cultural realities. This research aims to analyze the concept of Social Engineering, as proposed by Roscoe Pound, within the framework of modern law. It also seeks to evaluate the relevance of this theory to legal development in Indonesia. This study adopts a normative juridical method with a conceptual approach. The data used is secondary in nature, derived from primary, secondary, and tertiary legal sources. Data collection is conducted through a literature review, while data analysis is performed qualitatively. Roscoe Pound's Social Engineering theory views law as a tool to create a balance of interests within society, aiming to meet its ever-evolving needs. In a modern context, this theory aligns with an approach that considers the impact of legal policies on social welfare. In Indonesia, the application of this theory is evident in legal reforms focused on social justice and public welfare. However, challenges such as weak law enforcement and discrepancies between policies and social realities need to be addressed in order to achieve effective legal development. Keywords: Theory; Law; Social Engineering.

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

How can we build structural resilience? Integration of social-ecological and minority stress models.

As the United States contends with racism and a social justice reckoning, the need to advance our understanding of how to build structural resilience continues to be pressing. This article proposes a culturally and structurally informed model of resilience for individuals with minoritized identities that integrates social-ecological and minority stress models. First, common stressors and traumas experienced by minoritized individuals at multiple levels of proximal/distal influence are reviewed: microsystem (e.g., family rejection), mesosystem (e.g., community-based discrimination), exosystem (e.g., barriers to health care), macrosystem (e.g., harmful legal policies), and chronosystem (e.g., historical legacy). Next, how these exposures have cascading effects on minority stress processes (e.g., discriminatory policies in the macrosystem affect how a child is socialized in the microsystem) are considered. Then, modifiable factors (e.g., community cohesion) that promote resiliency in the face of ongoing exposures are discussed. To conclude, guidelines are offered for advancing the psychological science of resilience in minoritized groups including mixed methods to reflect participants' experiences, ecological approaches to assess resilience, and multilevel modeling to understand the interplay between the social-ecological context and individual factors. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Youth Engagement and Perceptions of the LGBTQ Community

This paper explores youth engagement and perceptions of the LGBTQ community. It delves into highlighting their attitudes toward LGBTQ rights and inclusion. The study has used a mixed-methods approach, where the data is collected from 30 participants aged 18-30 through online questionnaires, both quantitative and qualitative. The findings have been presented thematically. They indicate that while many young individuals support LGBTQ rights, there are gaps in awareness, especially regarding legal protections and policies. It was noted that social media is a dominant source of information for LGBTQ issues, while more structured educational resources were found to be less influential. Also the study reveals a significant level of ambivalence toward LGBTQ individuals, particularly within societal and cultural norms. Challenges faced by LGBTQ youth, including discrimination, mental health struggles, and social exclusion, were also identified.

Protecting Street Art and Graffiti as Artistic Works Under Indian Copyright Law: An Analysis

ABSTRACT Street art, known for its temporary nature and presence in public spaces, faces challenges in copyright protection. Despite these hurdles, street art is increasingly recognized as a legitimate artistic expression warranting copyright safeguards. This abstract explores how street art can be protected under copyright law, beginning with its definition and qualification as an artistic work under copyright statutes. It addresses practical and legal issues such as authorship, ownership, and the impact of public location. This study illustrates different approaches to protecting street art through circumstances and some legal precedents. It also examines the role of moral rights and public interest in balancing artists' rights with property rights and urban aesthetics. The abstract proposes legal reforms or policy interventions to enhance copyright protection for street art while maintaining its cultural integrity, contributing to the discourse on the intersection of copyright law and urban art.

Politik Hukum Sistem Pemilihan Umum Presiden dan Wakil Presiden dalam Perspektif Pancasila

The research objectives in this thesis are based on the two problem formulations raised, namely as follows: To find out and study the Presidential and Vice Presidential Election system based on Law Number 7 of 2017 concerning General Elections. To find out and study the Legal Politics of the President and Vice President in Indonesia based on Law Number 7 of 2017 concerning General Elections, viewed from the Pancasila Perspective. The research method used is normative juridical legal research. The results of the research and discussion are as follows: First, the direct and indirect Presidential election system emerged due to a misinterpretation of the 4th principle of Pancasila which reads "the people are led by wisdom in deliberation/representation". Second, the legal politics of a statutory norm fall into the category of open legal policy, so according to the Constitutional Court this norm is in an area of constitutional value with the 1945 Constitution. The concept of open legal policy itself was first used by the Constitutional Court. In its considerations, the Constitutional Court was of the opinion that such a policy choice is the right of the legislator and is protected by the constitution.

Challenges and Frontiers in Intellectual Property Rights Amidst the Rise of Artificial Intelligence

This article investigates the impact of artificial intelligence (AI) on intellectual property (IP) rights, addressing challenges in ownership and authorship of AI-generated creations while exploring legal and ethical dilemmas in traditional IP domains. It offers strategies for navigating these complexities, drawing on legal precedents, international agreements, and policy recommendations. The research emphasizes the urgent need for legislative updates to address these challenges effectively. Recommendations include the enactment of innovative constitutional provisions, updating IP legislation to encompass AI-related issues comprehensively, and advocating for effective judicial intervention. By implementing these strategies, Sri Lanka can foster a harmonious coexistence of AI and IP, ensuring the protection of intellectual property rights while stimulating innovation in the AI era.

Legal Framework for Healthcare Needs of the Aged and Senior Citizens in Nigeria

Current research explores the legal framework for the healthcare needs of senior citizens in Nigeria, highlighting the challenges and gaps in the existing framework. The research has tried to map the sufficiency of the legal framework for healthcare needs for the aged in Nigeria, by exploring the status of healthcare of senior citizens in Nigeria and examining the challenges and gaps in the implementation of legislation and policies in the welfare of the senior citizens in Nigeria. Doctrinal research methodology and an analytical approach helped assess the available legal framework, policies and decided cases by courts. It was noted available legal provisions and initiatives are inadequate and ineffective in addressing the healthcare needs of this vulnerable population. Since gaps exist in Nigeria's legal framework and policies, a working bill is proposed to the National Assembly to cope this issue.

1.N. Scientific session: Child injuries monitoring and reporting: Challenges and technological developments

Abstract Globally, more than 1,600 children and adolescents below the age of 19-years die every day from preventable injuries. Road traffic injuries, drowning and self-harm represent leading causes of death and injury among children and adolescents (WHO 2021; WHO Regional Office for Europe, 2021; Unicef, 2021). Most unintentional injuries in early childhood occur at home and children from less advantaged backgrounds are exposed to more hazardous home environments due to overcrowding or unsafe structures over which parents often have limited control (WHO, 2020). According to the IDB data analysis approximately 15% of home injuries could have been prevented by improved product safety and parental education. The COVID-19 pandemic and the conflict in Ukraine have created a complex and challenging situation for children and adolescents in the region, increasing their vulnerability and compromising their well-being. To efficiently prevent child injuries, one must account for a complex interplay between human factors as well as physical and socio-cultural environments. Multiple determinants of child injury cannot be addressed by the health sector alone, this is why a whole-of-government and a whole-of-society approaches are required. Schools have a crucial role to play for promoting the well-being of children and serve as a platform to increase access to health services. However, EU countries are still missing intersectoral collaboration and strong information systems to enable efficient response to the problem. Data on child injuries are still inconsistently collected in Europe due to substantial differences in coding systems, variation between injury mechanisms, different general policies pertaining to the admission of patients, and legal policies on reporting requirements. EU-wide networks such as the Eurosafe study (IDB network) collecting information on child injuries, are scarce. Likewise, access to healthcare services and support systems are unevenly distributed, particularly in underserved communities. Building country capacity in collecting, analysing and increasing the use of child injury data for decision making at global, regional, and national levels, is critical. Adequate epidemiological data on the burden of child injuries are necessary to allow governments prioritize areas for intervention and maximize the impact of their resources. Utilizing evidence-based tools and procedures and promoting intersectoral collaboration is vital. The workshop aims to discuss trends and inequalities of injury burden and present efficient measures and latest developments in monitoring and reporting child injuries across EU countries. The workshop will further discuss the methodological challenges in collecting and analysing data on child injuries. Evidence-informed tools for sharing health information and improved measurements of injury burden that are feasible and usable in both research and clinical contexts will be presented and success stories will be presented. Key messages • There is an EU-wide need for epidemiological data on the burden of child injuries. • Validated tools, well-designed injury data management systems and standard data collection procedures are missing.

Access to Education of Syrians under Temporary Protection in the Changing and Developing Turkish Education System: Barriers and Suggestions

The Turkish education system adopts an inclusive approach for individuals from different cultures. However, Syrian children face various barriers such as language barriers, economic difficulties, social cohesion and cultural differences. Language barriers make it difficult for Syrian children, especially those who speak Arabic, to adapt to the Turkish education system. Economic difficulties make it difficult for families to send their children to school, while cultural differences and social cohesion problems make it difficult for children to be socially accepted in schools. This article addresses the issue of access to education for Syrian children under temporary protection in Türkiye. In the article, the general development and change of the Turkish education system is explained and the difficulties faced by Syrians under temporary protection in the education process and the solutions to these difficulties are analysed. These suggestions include the development of language education programs, improvement of legal regulations and policies, reduction of education costs and awareness raising activities to increase social cohesion and cultural sensitivity. It is also emphasised that more comprehensive and sustainable policies should be implemented to support the integration of Syrian children into the Turkish education system. It is considered that the Learning and Adaptation Together Program (LEAP) proposed by us will accelerate the access of Syrians under temporary protection to education and contribute to social cohesion.

INTERNATIONAL AND NATIONAL LEGISLATION ON DOMESTIC VIOLENCE PREVENTION AND COMBATING

Domestic violence remains a critical issue that negatively affects the physical and mental health, economic status and social integration of victims. The purpose of the study is to summarise international and Ukrainian legal norms, standards and policies aimed at preventing and combating domestic violence. Research methods: comparative analysis and content analysis to study international conventions, national legislation and regulations. International and national legal acts are aimed at ensuring effective countermeasures against this phenomenon, protecting the rights of victims and creating conditions for the prevention of violence. In general, as of today, a sufficiently strong legal framework has been created to combat cases of domestic violence, and this also applies to Ukrainian legislation, which also tries to respond to existing challenges by adopting a number of laws and by-laws. The state has also introduced a number of mechanisms to support victims, including social and psychological assistance centers, shelters, and mobile teams. The results of the study showed that international documents such as the UN Charter, the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention play an important role in shaping the legal framework for combating domestic violence. In Ukraine, the legal framework also includes a number of legislative acts, such as the Law of Ukraine ‘On Preventing and Combating Domestic Violence’, which provides for comprehensive measures to protect victims. However, the problem of domestic violence remains relevant and requires further research and legal improvements to ensure effective implementation of international standards and improve the effectiveness of national measures.

Socioeconomic deprivation and atrial fibrillation risk: an observational and gene-environment interaction analysis

Abstract Background The association between socioeconomic deprivation and incident atrial fibrillation (AF) is debated, along with limited evidence on how genetic predisposition to AF interacts with socioeconomic deprivation and AF risk. Purpose To evaluate the association and gene-environmental interaction between socioeconomic deprivation and the risk of incident AF. Methods From the UK Biobank prospective cohort, we selected participants who were free from previous AF. Participants with missing values and those who did not pass the genetic quality control were excluded. As an indicator of socioeconomic deprivation, we utilised the indices of multiple deprivation (IMD), which is calculated from scores of multiple socioeconomic factors, including crime, education, employment, health, housing, income, and living environment. Participants were divided into 3 groups by IMD; the top 20% as high IMD (most deprived), the bottom 20% as low IMD, and 20-80% as mid IMD. Using a polygenic risk score (PRS) for AF generated using a Bayesian approach applied to external genome-wide association study data, the interaction between genetic risk and socioeconomic deprivation was assessed. The primary endpoint was incident AF during a median of 13.7 years of follow-up. Results A total of 377,386 (aged 56.5±8.1 years, 45.2% male) were analysed. The high IMD group (n=85,108) was younger and had a higher proportion of comorbidities than the mid or low-IMD groups. An increase in IMD as a continuous variable was significantly associated with an increased risk of incident AF. The high IMD group showed a significantly increased risk of AF (multivariable-adjusted hazard ratio [aHR]=1.12, 95% confidence interval=1.07-1.17, P<0.001) compared with the low IMD group (incidence rate 7.7 vs. 4.8/1,000 person-year). All components of IMD except housing score significantly increased the risk of incident AF (aHR ranged from 1.07 to 1.15). Within each IMD group, higher AF PRS groups were significantly associated with an increased risk of incident AF with the low AF PRS group as a reference, showing aHRs of 1.50 for mid-PRS and 2.57 for high-PRS in the low IMD group, 1.60 and 2.65 in the mid-IMD group, and 1.55 and 2.33 in the high IMD group, respectively (all P<0.001). The impact of socioeconomic deprivation was attenuated in participants with high AF PRS (P for interaction=0.042), mainly driven by the interaction effect of crime (P for interaction [Pi]=0.005), employment deprivation (Pi=0.005), and health deprivation scores (Pi=0.043). Conclusion Socioeconomically deprived individuals had a significantly higher risk of AF, and the effect was partially modified by genetic predisposition to AF. A personalised approach to applying AF screening for high-risk individuals may be more efficacious. Legal measures and policies to enhance public health by alleviating socioeconomic inequalities are needed to mitigate AF risk and improve cardiovascular health outcomes.

3.F. Round table: Legal action & capacity building: essential for climate action to protect and promote public health

Abstract The climate crisis is the single biggest threat to global health, peace and security, a crisis multiplier, and a significant driver of health inequalities within and between countries. In many areas of public health policy, legal action and litigation have delivered significant and long-lasting impacts. Court action is a strong domain of legal policy and practice to address climate change and related air pollution in many countries, and increasingly in international courts and tribunals. Examples include the 2021 landmark UK Coroners Report on the asthma-related death of Ella Kissi-Debrah, the 2023 UN General Assembly Request for an Advisory Opinion from the International Court of Justice on states’ obligations to address climate change, and the 2024 European Court of Human Rights decision in Klimanseniorinnen v. Switzerland. Climate litigation also creates opportunities for public scrutiny and debate by raising awareness of inaction or harm caused by governments or private sector polluters, generating wider community mobilisation for action. Since 2021, the EUPHA Law and Public Health Section, Faculty of Public Health (UK), Aletta Jacobs School of Public Health, Global Network for Academic Public Health, ASPHER and other partners have collaborated to build ethicolegal competence and capacity of public health professionals for climate action. Initiatives have also included research, advocacy, and resource development, and exploring opportunities for legal action and litigation, including at the International Conference on Strategic Litigation and Public Health (Liverpool, 2023). The roundtable will present key findings from an evaluation of the course on climate change organised by the ASPHER and the Global Consortium on Health and Climate Education (GCHCE), and learnings and feedback from the publication ‘From analysis to action: climate change litigation. A guide for public health professionals’, which was launched at the 16th European Public Health Conference. The expert panel will also reflect on whether the nature of current educational materials, means and methods in curriculum and training initiatives are effective, appropriate, adequate, and sufficient. Should climate change be part of One Health and Planetary Health programmes rather than a distinct entity? What is the role of, and what are the opportunities for, public health professionals to be engaged in climate litigation? What are the gaps and opportunities through strategic networking with environmental and legal experts, and affected communities? The roundtable will be interactive and invite input and insights from the participants to explore opportunities to further advance the agenda. Key messages • Public health professionals have a key and increasing role in climate law and litigation: interdisciplinary collaboration is essential. • Public health professionals have multiple avenues for capacity building on opportunities to address climate and environmental impacts on public health through law. Speakers/Panelists David Patterson University of Groningen, Groningen, Netherlands Farhang Tahzib Faculty of Public Health, Haywards heath, UK Liz Green Public Health Wales, Wrexham, UK Ana-Catarina Pinho-Gomes University College London, London, UK

Environmental and Humanitarian Law Violations in Bangladesh's Coastal Areas: A Survey Analysis

This study investigates the intersection of environmental and humanitarian law violations in the coastal areas of Bangladesh, focusing on the implications of climate change-induced disasters on vulnerable communities. A quantitative survey was conducted, with 150 respondents representing coastal regions, to gather data on the prevalence of environmental degradation, climate-induced displacement, and human rights violations. Findings reveal a significant correlation between environmental hazards, such as cyclones and sea-level rise, and the displacement of coastal populations, exacerbating socio-economic vulnerabilities and human rights abuses. The study employs a quantitative methods design, analyzing survey data of legal frameworks, policy documents, and scholarly literature. The data was analyzed through Smart PLS 4 for Structural Equational Model (SEM). The purpose of this research is to elucidate the complexities surrounding legal enforcement, policy implementation, and grassroots initiatives aimed at addressing environmental and humanitarian challenges in coastal areas. By providing empirical evidence and insights into the lived experiences of affected communities, this study aims to inform evidence-based policy interventions, legal reforms, and humanitarian strategies to enhance resilience and protect the rights of coastal populations facing the impacts of climate change and environmental degradation.