Legal Scheme Research Articles

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.

Improving contraceptive care for minors in Israel: practice, policy, and training gaps among OBGYNs

BackgroundSexually active adolescents sometimes seek 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.MethodsIsraeli 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.ResultsOf the 177 responding gynecologists, 132 (74.58%) consulted minors about contraceptives during the past year, regardless of a vast lack of training on providing care to minors. More than a third of respondents believed that there is no legal requirement to involve parents in the process, and only 8% assumed a legal obligation for parental involvement in all minors under the age of 18. Three quarters would "almost always" prescribe contraceptives without parental knowledge, if requested, while 20% never would. No correlation was found between respondents' practices and their perception of the relevant legal obligations. Participants agreed that the risk to the health of the minor as a result of having sex without contraceptives is of utmost importance. Yet, those willing to prescribe gave greater weight to this consideration, while those who do not prescribe were more concerned with the legal ramifications of such an act. The majority identified the age of 15 as the threshold for consistently prescribing contraceptives to minors without parental involvement.ConclusionThis study highlights the significant gaps in both the legal framework and the training of Israeli OBGYNs, and further supports confidential prescription of contraceptives to minors 15 years and older, via Article 6 of the Israeli Legal Competence and Guardianship Law. Legislative reform, professional guidelines and education and training programs are all needed to ensure consistent and legally sound practices, that safeguard the health and rights of minors. It is imperative to guide healthcare providers, including OBGYNs prescribing contraceptives to minors, on managing the care of minors refusing parental involvement, clarifying the legal framework and ethical considerations involved.

Views and practices on medical cannabis of unlicensed providers in Thailand: a qualitative study

Background Despite the legalization of cannabis use for medical purposes in Thailand in February 2019, illicit providers are still widespread and accessible. This study aimed to understand why people still chose to receive medical cannabis treatment or products from unlicensed or illegal providers. The practices of unlicensed or illegal providers in provision of medical cannabis products or treatment services were also examined. Methods Qualitative in-depth interviews were conducted among medical cannabis providers and users, including 36 unlicensed and 7 licensed providers and 25 users in 2019-2021. Snowball sampling was used to recruit participants until saturation of data was achieved. Interviews included open-ended questions about the providers’ practices and attitudes towards medical cannabis. Interviews were recorded and transcribed, and thematic analysis was performed. Results Overall, six reasons were identified to answer why unlicensed/illicit providers were still popular, including: 1) easy accessibility; 2) familiarity with the unlicensed providers before the legal scheme became available; 3) favorable characters (kind, supportive, non-judgmental) of unlicensed providers; 4) affordable treatment fees; 5) trust in the quality of the medicines; and 6) lack of knowledge and negative attitudes towards cannabis from healthcare professionals. Most providers started their career as medical cannabis providers by using it themselves or with their relatives and being satisfied with the results. They used cannabis products to treat all diseases, including skin, eyes, HIV/AIDS, non-communicable diseases and all kinds of cancers. Additionally, they believed that it was effective, with no or minimal adverse effects. Conclusions This study suggests that some patients will continue receiving medical cannabis treatment and products from unlicensed or illegal providers. More attention should be paid on increasing the capacity of medical cannabis service systems within public health hospitals, and the certification of unlicensed providers, so as to integrate them into a regulated system.

Data Industry Green Development Promoted by Public Policy and Law in China

It is difficult to fully match the current green development initiatives in the context of public policy and industrial economy to the new infrastructure process driven by massive data. Its connotation and extension and the level of the rule of law need to be deepened to ensure that data production, processing, circulation, elimination, and other activities can achieve high-quality and sustainable development within the collaborative construction of hard facilities and the soft environment in the new era. Based on the practical needs of data industry green development in key areas, we can resolve the legal risk of data industry green development from three aspects: improving the legal level of green public policy, clarifying the green legal benchmark of data industry development, and improving the green legal system of digital society. Then, this paper considers the design of an environmental protection system based on hardware facilities and the structural and readable clean data system innovation of the soft data industry development framework mode so as to clarify the legalization scheme of data industry green development under the new infrastructure. Overall, achieving the green development of the data industry requires not only active attempts by China but also joint efforts by China and other countries.

Converging technologies to monitor pollution, and its legal approach for sustainable development

The objective of this review was to make visible cases in which Converent Technologies -CT- (such as technological platforms, real-time sensor images, Mahine Learning / Deep learning, Internet of Things (IoT)), are used to monitor and characterize pollution in air, soil, and water; as well as illustrating how from legal schemes, the development of technologies can be promoted with a fundamentally sustainable approach. The method used consisted of review of practical cases, scientific articles, related to the use of TC to monitor pollution in the environment (both in water, air and soil) in various countries; and legal documents (such as laws, judgments… at the international level, as well as in Colombia) that allow to understand the need to develop technologies for sustainable development. Among the main conclusions, the importance of TC to control pollutants in air, water and soil stands out, as well as to make visible legal tools that promote technological development to support sustainable development

Views and practices on medical cannabis of unlicensed providers in Thailand: a qualitative study.

Despite the legalization of cannabis use for medical purposes in Thailand in February 2019, illicit providers are still widespread and accessible. This study aimed to understand why people still chose to receive medical cannabis treatment or products from unlicensed or illegal providers. The practices of unlicensed or illegal providers in provision of medical cannabis products or treatment services were also examined. Qualitative in-depth interviews were conducted among medical cannabis providers and users, including 36 unlicensed and 7 licensed providers and 25 users in 2019-2021. Snowball sampling was used to recruit participants until saturation of data was achieved. Interviews included open-ended questions about the providers' practices and attitudes towards medical cannabis. Interviews were recorded and transcribed, and thematic analysis was performed. Overall, six reasons were identified to answer why unlicensed/illicit providers were still popular, including: 1) easy accessibility; 2) familiarity with the unlicensed providers before the legal scheme became available; 3) favorable characters (kind, supportive, non-judgmental) of unlicensed providers; 4) affordable treatment fees; 5) trust in the quality of the medicines; and 6) lack of knowledge and negative attitudes towards cannabis from healthcare professionals. Most providers started their career as medical cannabis providers by using it themselves or with their relatives and being satisfied with the results. They used cannabis products to treat all diseases, including skin, eyes, HIV/AIDS, non-communicable diseases and all kinds of cancers. Additionally, they believed that it was effective, with no or minimal adverse effects. This study suggests that some patients will continue receiving medical cannabis treatment and products from unlicensed or illegal providers. More attention should be paid on increasing the capacity of medical cannabis service systems within public health hospitals, and the certification of unlicensed providers, so as to integrate them into a regulated system.

The Evolving Privacy Right: an Analysis of Tanzania’s Legal Scheme in E-health Data Protection

Rapid technological developments and globalization have brought new challenges to the protection of personal data. The scale of the collection and sharing of personal data has increased significantly. Technology allows both private companies and public authorities to make use of personal data on an unprecedented scale to pursue their activities. Natural persons increasingly make personal information available publicly and globally. The importance of the subject of privacy and data protection has gained unprecedented attention in recent years, requiring better and more elaborate rules of protection. Individuals are sometimes exposed to possible abuse and even to harmful consequences as a result of the developments in information and communication technology (ICT) and the role it plays in the collection of personal information, and the tendency of companies and business enterprises to collect and use personal information in making business decisions. It is therefore not surprising that many countries in the West enacted comprehensive legislation on data protection some time ago. Europe in particular, through the recently passed General Data Protection Regulation, 2016, is heading towards the harmonization of data protection laws to have consistency within the region This article aims to provide an overview of the evolving “right to privacy (Data protection)” in this digital health (e-health) world to give the main key facts to stakeholders in e-health sectors to adapt their practices and ensure compliance with the current evolving legal scheme in Tanzania. The processing of personal health data, genetic data biometric data, and other kinds of sensitive information is strictly regulated and even widely interpreted by justice-dispensing organs.

Views and practices on medical cannabis of unlicensed providers in Thailand: a qualitative study

Background: Despite the legalization of cannabis use for medical purposes in Thailand in February 2019, illicit providers are still widespread and accessible. This study aimed to understand why people still chose to receive medical cannabis treatment or products from unlicensed or illegal providers. The practices of unlicensed or illegal providers in provision of medical cannabis products or treatment services were also examined. Methods: Qualitative in-depth interviews were conducted among medical cannabis providers and users, including 36 unlicensed and 7 licensed providers and 25 users in 2019-2021. Snowball sampling was used to recruit participants until saturation of data was achieved. Interviews included open-ended questions about the providers’ practices and attitudes towards medical cannabis. Interviews were recorded and transcribed, and thematic analysis was performed. Results: Overall, six reasons were identified to answer why unlicensed/illicit providers were still popular, including: 1) easy accessibility; 2) familiarity with the unlicensed providers before the legal scheme became available; 3) favorable characters (kind, supportive, non-judgmental) of unlicensed providers; 4) affordable treatment fees; 5) trust in the quality of the medicines; and 6) lack of knowledge and negative attitudes towards cannabis from healthcare professionals. Most providers started their career as medical cannabis providers by using it themselves or with their relatives and being satisfied with the results. They used cannabis products to treat all diseases, including skin, eyes, HIV/AIDS, non-communicable diseases and all kinds of cancers. Additionally, they believed that it was effective, with no or minimal adverse effects. Conclusions: This study suggests that some patients will continue receiving medical cannabis treatment and products from unlicensed or illegal providers. More attention should be paid on increasing the capacity of medical cannabis service systems within public health hospitals, and the certification of unlicensed providers, so as to integrate them into a regulated system.

Conservation gaps identification through patterns of species richness established from species niche models of mammals in a sector of Chaco Seco ecoregion

The identification of biodiversity conservation priority sectors that are not formally protected, have an essential part of conservation strategies and goals at global and local scale. Ecological niche modeling is a relevant and important tool for analysis and distribution of species, also is used to determine the biodiversity patterns through the regions. The main objective of this work was to identify the sites with high biodiversity patterns in a sector of Chaco Seco ecoregion that haven’t been protected with environmental legislation. Through biodiversity sampling with foot transects, camera traps and interviews, it was registered the presence of large and medium mammals in Santiago del Estero Province. Biodiversity pattern maps were then developed from potential distribution models (SDMs) of 5 mammalian species selected for being relevant for conservation. To define zones that could be characterized like conservation gaps, pattern maps were contrasted with protected areas layers and legal schemes of land use planning and also, protected forest. For the SDM, 171 records were used, 43 for M. gouazoubira, 40 for P. concolor, 20 for M. trydactila, 43 on P. tajacu and 25 on C. wagneri. Three models were used to make the biodiversity patterns, one of these, Fuzzy union, were used for the subsequent calculation. The total area of high biodiversity increases to 39.486 km², which represents the 29% of provincial area. In consequence the 81% remaining represents the conservation gaps areas for that sector of the ecoregion.

The political economy of a failed drug reform: Insights from Peru's main legal coca valley.

As the world's second largest coca producer, Peru has a flourishing market for coca for non-narcotic uses. With more than 20,000 hectares and approximately 35,000 officially registered farmers in the Peruvian legal scheme for coca cultivation and commercialization, this market is formally under the monopoly of the National Enterprise of Coca (ENACO). Nonetheless, ENACO only captures 2% of all coca produced nationally and has experienced a sustained reduction of farmers' participation and coca purchases within the legal trade. At different times, these problems have opened the way to demands from left-wing political parties, subnational governments, coca growers' organizations and even Peru's central drug control institutions to reform the legal coca market in Peru. However, none of these attempts have succeeded. Based on a policy analysis of the legal coca trade and analysis of official data, together with a case study of Peru's main legal coca valley (La Convención) this article seeks to understand the current crisis of the legal coca trade as well as the repeated failures of reform. Peru's political centralism and the historical marginalization of Andean culture help to explain the successful blocking of reform attempts to the legal coca trade.

International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan

The quantity of traders is increasing in Pakistan day by day. Regulation of internet trading at the state level is an unavoidable reality. Online trading has been systematically included in the Online Dispute Resolution Scheme, which is an alternative dispute resolution format. Several multinational hawkers, such as Amazon and Ali Baba, are embracing ODR mechanisms to ensure trading is more resourceful and less reliant on traditional civil law remedies and time-consuming court procedures. This study includes observation of several industrialized countries and the international framework to introduce ODR as a paradigm. It includes an in-depth examination of online trade and ODR, as well as the reasons behind Pakistan's judiciary's unwillingness to include these entities in its legal scheme. It will deliberate the utilization of E-Mediation and E-arbitration and its connections to online trading. Moreover, certain examples will also support the article's goal, shortcomings, and limits as well as some recommendations for Pakistan.

Violence and the Relationship between Eunuchs and Literati in the Late Tang Dynasty: A Case Study of Cui Fa

<p>本文以寶曆元年（825）宦官毆打崔發事件為例，探究在唐代社會文化情境，紛爭為何通過攻擊對方的身體表現，以及時人如何解釋肢體衝突引起的爭議，並說明「暴力」（violence）在中晚唐士閹衝突中的作用。這起事件中，宦官為施暴者，士人為受害者。文章嘗試將暴力事件脈絡化。首先梳理事件的經過、時間、空間、參與者等訊息，其次從相關文獻的敘事結構、宦官的形象、唐代的身份秩序觀念、朝廷的處理方式等四種角度，分析事件的意義。本文指出，唐代宦官將暴力作為溝通手段，藉以表達訴求、解決問題。而宦官作為毆打者，其身份的兩重性進一步賦予皇帝與士人詮釋事件性質的資源。對唐人而言，暴力不僅造成個人身體損傷和心理上的衝擊，也挑戰倫理綱常或是國家政體的秩序。因此，朝廷或士人往往透過政治、法律等手段，嘗試消除失序的狀態。</p> <p> </p><p>Eunuchs played a crucial role in the late Tang dynasty. However, most studies on the relationship between eunuchs and literati have neglected the performance of violence. To highlight the effect of violence, this article focuses on the event of eunuchs assaulting Cui Fa in 825 C.E. From the viewpoint of microstudy, this article explores why and how eunuchs attacked literati physically as well as how contemporary interpreted this distress. First, the author investigates the process, time, space, and participants of the 825 C.E. event. Second, the author analyzes the narrative of historical sources, the images of eunuchs, the idea of social order in the Tang society, and the solutions of the Tang court to the event. The result of this article indicates that eunuchs used violence as a method of communication and an expression of their demands. Furthermore, when eunuchs became attackers, the duality of eunuchs’ identity supplied the emperor and literati with resources to argue the essence of the attack. That is, violence not only caused physical damage and psychological impact but also challenged the order of ethics and the solidity of the empire. Therefore, the court and officials were eager to reconstruct the disorder through political and legal schemes. By contextualizing the representative case, this article contributes to our understanding of violence in the late Tang dynasty.</p> <p> </p>

When criminal diversion is a temporary solution: rethinking drug rehabilitation policy in Thailand

ABSTRACT This article reflects on the need for Thailand to re-evaluate its criminal diversion policy for people who use drugs (PWUD). Although studies have examined the impact of criminalising drug use through social and economic perspectives, the issue of how a punitive legal scheme interplays with PWUD's perceptions of drug use and motivation to seek treatment has not received wide scholarly attention in Thailand. This study's primary objective is to shed light on the adverse effects of legal pressure on motivation among PWUD within Thailand's drug rehabilitation systems to assist in shaping its future policy. The study employed a qualitative methodology: in-depth interviews with 69 participants who received drug treatment under the voluntary and compulsory drug diversionary systems in Thailand, as well as 50 government officials and personnel at the administrative and operational levels within the Thai criminal justice system and rehabilitation agencies. The study found that criminalisation schemes can impede system-level rehabilitation goals by failing to recognise the personal needs of participants, with PWUD entering treatment programs only to avoid criminal prosecution.

The Classical and Contemporary Approaches towards International Law: Conceptual and Thematic Study of Siyar (Islamic International Law)

This precise research work elucidates the derivation, sources, and gradual development of Islamic international law, which is also termed as “(Siyar).” This article is a humble endeavor to discover the position and role of Islamic International Law (Siyar). It debates about the pioneers and sublime jurists who treated Siyar as a distinct legal discipline and who methodically clarified the basic rubrics of Siyar. This research concludes that as Islamic legal principles are not only one of the leading legal schemes across the globe but also that Islam positions its illustrious place among different creeds and cultures of the world, Islamic jurisprudence is one of the leading sources of international law. The research is qualitative and interpretative, in which authors have relied on the classical and modern writings and have analytically scrutinized them in the modern context. Surely, this article debates that since public international rules are not irreligious in nature, these are “neutral” so as to “go with the flow” of Muslim countries. Siyar only fortifies the commitments of Muslim countries, at the same time; non-Muslim countries are not obligated to follow Islamic law.

Dinamika Perkembangan Batas Usia Perkawinan Dalam Perspektif Hukum Progresif

This article aims to explore the development of the minimum age for marriage in Indonesian legislation and analyze it with progressive law. To explain the transformation of law, this literature research uses a social history approach. This study found that the embryonic age limit for marriage had actually been seen in legal pluralism before the enactment of the 1974 Marriage Law. The marriage age in the Marriage Law Number 1 of 1974 was stated to be 16 years for women and 19 years for men. Unfortunately, the regulation was not in line with the development of society, so it was tested in the Constitutional Court. In 2017, article 7 paragraph (1) was examined where the Constitutional Court granted the request by equating the marriage age to 19 years for men and women. The House of Representatives then amended the Marriage Law as contained in Law Number 16 of 2019. This reform illustrates that the law is not final and absolute, under certain conditions as long as it provides benefits for humans, it is necessary to revise the law. Not vice versa, allowing people to enter into legal schemes that have a negative impact on health, education, economy and so on, but laws that must be studied and corrected.

Some Legal Aspects of Civil Law According to German Civil Law (Comparative Analysis)

  This article reviews the understanding  of civil law relations according to German civil law, its elements and the opinions of individual scientists. The significance of the categories of legal requirements in Civil law relations are specified in accordance with the German law.  In particular, like the science of German law, there are absolute (common actions) and relative legal relations in Georgian jurisprudence. Both in Germany and in Georgia, first of all, material legal relations are attributed to absolute legal relations. In particular, the field of universal rights of the person (Personlichkeitsrechte), the field of personal family rights (personlichefamilienrechte), the immaterial properties (Immaterialguterrechte), the right of possession of ownerless thing (aneigungsrech), the law of property rights (Rechte an dinglichen Rechte) and so on. Claim rights (Forderungsrechte), constitutional rights (Gestaltungsrechte) and "Dispute" against legal relations (einredengegenanspruche) are attributed to Relative. The "rights of expectation" (Anwartschaftsrechte) and the "right to a right" are relative rights that are directed towards acquisition. In other cases, these rights give rise to absolute legal relations. Separation of absolute and relative legal relations is important for choosing the proper protection of the legal scheme, etc.

Exploiting Net Connectivity in Legalization and Detailed Placement Scenarios

Standard-cell placement is the fundamental step in a typical VLSI/ASIC design flow. Its result, paired with the outcome of the routing procedure can be the decisive factor in rendering a design manufacturable. Global placement generates an optimized instance of the design targeting a set of metrics, while ignoring rules pertaining its feasibility. Legalization and detailed placement rectify this situation, attempting to attain minimum quality loss by often disregarding the connectivity between cells and making runtime the focal point of these steps. In this article, we present a set of variations on a connectivity-based legalization scheme that can either be applied as a legalizer or a detailed placer. The variations can be applied in the entirety of the chip area or in the confinement of a user-specified bin while they are guided by various optimization goals, e.g., total wire length, displacement and density. We analytically describe our variations and evaluate them through extensive simulations on commonly used benchmarks.

Views and practices on medical cannabis of unlicensed providers in Thailand: a qualitative study

Background: Despite the legalization of cannabis use for medical purposes in Thailand in February 2019, illicit providers are still widespread and accessible. This study aimed to understand why people still chose to receive medical cannabis treatment or products from unlicensed or illegal providers. The practices of unlicensed or illegal providers in provision of medical cannabis products or treatment services were also examined. Methods: Qualitative in-depth interviews were conducted among medical cannabis providers and users, including 36 unlicensed and 7 licensed providers and 25 users in 2019-2021. Snowball sampling was used to recruit participants until saturation of data was achieved. Interviews included open-ended questions about the providers’ practices and attitudes towards medical cannabis. Interviews were recorded and transcribed, and thematic analysis was performed. Results: Overall, six reasons were identified to answer why unlicensed/illicit providers were still popular, including: 1) easy accessibility; 2) familiarity with the unlicensed providers before the legal scheme became available; 3) favorable characters (kind, supportive, non-judgmental) of unlicensed providers; 4) affordable treatment fees; 5) trust in the quality of the medicines; and 6) lack of knowledge and negative attitudes towards cannabis from healthcare professionals. Most providers started their career as medical cannabis providers by using it themselves or with their relatives and being satisfied with the results. They used cannabis products to treat all diseases, including skin, eyes, HIV/AIDS, non-communicable diseases and all kinds of cancers. Additionally, they believed that it was effective, with no or minimal adverse effects. Conclusions: This study suggests that some patients will continue receiving medical cannabis treatment and products from unlicensed or illegal providers. More attention should be paid on increasing the capacity of medical cannabis service systems within public health hospitals, and the certification of unlicensed providers, so as to integrate them into a regulated system.

Access to constitutional complaint procedures: A real chance?

Abstract In a recent decision, the European Court of Human Rights concluded that the constitutional complaint before the Hungarian Constitutional Court can be seen as an effective domestic remedy. This decision shows the growing role of constitutional complaint procedures even in the international system of human rights protection; therefore, it is worth examining how national laws ensure efficient access to such procedures. The current paper aims to analyse a specific aspect of this complex problem, namely, the question of legal aid in constitutional court proceedings – particularly constitutional complaints procedures – in Germany, Austria and Hungary. As a general staring point, it is intended to derive the need for legal aid from the national constitutions, followed by an analysis on the availability of legal aid schemes for constitutional complaint procedures and their conditions. The examination is based on the national legal provisions and case-law, as well as the relevant secondary literature. This comparative study can enable some conclusions to be drawn on the question of how constitutional complaints can become more efficient tools in the protection of fundamental rights for those in need, as well.

Competency oriented management for sustainable artisanal andsmall‐scalemining sector development in Ethiopia

AbstractThe continued decline of artisanal and small‐scale mining (ASM) sector gold supply through the legal scheme in Ethiopia reflects sector management framework failure. The current result‐based management framework tends to focus on monitoring and tracking mining activities with the main objective of collecting revenue, and it has been demonstrated to be a bad approach. Therefore, this study proposed a competency‐oriented sector management framework. The concept behind the proposed framework revolves around identifying sector elements that help define appropriate sector structure, institutions, processes, and organizational interlinks where a subtle balance between economic, social, and environmental aspects of the ASM sector is maintained. To identify the elements, the research follows two‐step analysis approaches. First, the study conducted a problem analysis in the ASM in Ethiopia and identified key sectorial challenges from literature and the perceptions, opinions, and beliefs of stakeholders through individual interviews and focused group discussion in a semi‐structured context. From collected resources, initial codes were generated, and then themes were identified from the codes. The identified ASM sector themes/elements are governance in ASM, community development, methodological advancement, technology transfer, and environmental conservation. The study discusses the scope and the source through which the elements have been defined. Established sector elements are employed to perform a gap analysis of the legal and organizational structures of the sector's institutional framework. And the assessment found there is a serious mismatch between sector elements and sector institutional formation, where the study found sector planning, monitoring, and evaluation lack to encompass social and environmental aspects of the sector. Therefore, the study recommends rewiring the current sector management where sector competencies gain representation in the ASM institutional formation. This will facilitate a clear sector evaluation and establish a sense of accountability in sector management.