Principle Of Autonomy Research Articles

The Scope of Authority of The Acting Regional Head Due to The Victory of The Empty Column in The Regional Elections

The victory of the Blank Column in the Regional Elections has an impact on the appointment of the Acting Regional Head to run the regional government until the election of the Regional Head in the next Regional Election. The Acting Regional Head is given the task of replacing the definitive Regional Head but there are differences in its application. In this paper, the scope of authority of the Acting Regional Head is discussed using normative juridical research with a statutory approach or statute approach and a conceptual or conceptual approach or conceptual or conceptual approach or conceptual acceptal acpproach. The results of this study show that juridically assigning tasks to the Acting Regional Head is inconsistent and hinders the course of regional autonomy. This paper also discusses alternative arrangements for the Acting Regional Head to be in line with the principle of regional autonomy.

Ethical considerations and decision making in opioid prescribing for chronic pain: A case study in rheumatology practice.

Dilemmas regarding opioid prescribing for chronic pain frequently occur within health care settings. The ethical principles of autonomy, beneficence, nonmaleficence, and justice, as well as the principles of care ethics, can assist in addressing these opioid-related dilemmas. The purpose of this clinical case study is to provide a case study highlighting an opioid prescribing dilemma and then identify opioid-related transition considerations; address ethical questions that nurse practitioners (NPs) may encounter in clinical practice when providing care for individuals living with chronic pain who may need or use a prescribed opioid medication; and draw on the ethical principles and care ethics to provide guidance for NPs who face these challenging issues.

Declaration of the Town Square: The Urgency of Speaking as One

Abstract Ethics in biomedical research in mental health plays a central role. Historically the principles of autonomy, beneficence, non-maleficence and justice have been violated in individuals with mental disorders. This article aims to analyse the perceptions of individuals involved in research ethics advocacy in Aranzazu-Colombia, from the Declaration of the Town Square to current research practices and community empowerment initiatives. For this, a qualitative study was conducted in the municipality of Aranzazu as part of a Community-Based Rehabilitation strategy in Mental Health. Two focus groups were conducted with a total of 30 participants, including community representatives, institutional members, and healthcare personnel. The themes that emerged were ‘The urgency of speaking as one’, ‘Our research questions’ and ‘Human rights for recovery’. The process of adoption of community protection measures that guided the investigative processes with the town of Aranzazu is presented. A discussion is raised around the instrumentalization of people in the investigation and the claim of human rights by communities, as a mechanism to strengthen community recovery actions. It is concluded that mental health research should help to affirm dignity, reduce stigma, improve access to psychosocial recovery and achieve real participation in building the well-being of communities.

Shared decision making in older people after severe stroke.

Stroke is a major cause of death and lifelong disability. Although stroke treatments have improved, many patients are left with life-changing deficits. Shared decision making and consent are fundamental to good medical practice. This is challenging because stroke often causes mental incapacity, prior views might not be known and prognosis early after stroke is often uncertain. There are no large trials of shared decision making after severe stroke, so we need to rely on observational data to inform practice. Core ethical principles of autonomy, beneficence, non-maleficence and justice must underpin our decision making. 'Surrogate' decision makers will need to be involved if a patient lacks capacity, and prior expressed views and values and beliefs need to be taken into account in decision making. Patients and surrogates often feel shocked at the sudden nature of stroke, and experience grief including anticipatory grief. Health care professionals need to acknowledge these feelings and provide support, be clear about what decisions need to be made and provide sufficient information about the stroke, and the risks and benefits of treatments being considered. Shared decision making can be emotionally difficult for health care professionals and so working in a supportive environment with compassionate leadership is important. Further research is needed to better understand the nature of grief and what sort of psychological support would be most helpful. Large randomised trials of shared decision making are also needed.

ANALYSIS OF THE FINANCIAL PERFORMANCE OF THE KUPANG CITY REGIONAL GOVERNMENT

Purpose: The implementation of regional government is based on the principle of regional autonomy. The implementation of local government is also marked by the change in the system from centralization to decentralization which is directed at accelerating the realization of the welfare of the Indonesian people. Therefore, each region is required to be more independent in managing and managing its government affairs, including in managing regional finances. One of the vital cycles in regional financial management is reporting carried out at the end of each accounting period, in the form of local government financial reports (LKPD). LKPD can be used as a means of conducting performance analysis so that it can increase the role of financial reports themselves. Therefore, the author will conduct more in-depth research to determine the performance of the Kupang City Regional Government over the last 5 years.
 Design/methodology/approach: This research uses a quantitative descriptive approach. The data collection method will be carried out with documentation. The data is a Budget Realization Report contained in the BPK Audit Results Report for 2018-2022.
 Findings: The data is then analyzed using financial ratio analysis in the form of regional financial independence ratios, regional financial dependence ratios, degree of decentralization ratios, ratios of effectiveness of regional original income, ratios of regional financial efficiency, harmony ratios and growth ratios. The results of the study stated that the role of the central government was more dominant in financing the administration of the Kupang City regional government, the financial dependence of the local government on the center in the form of transfer income during the last 5 years was very high, the percentage of local original income was less when compared to the total income, the effectiveness of regional original income during The last 5 years have been quite effective. local governments need quite large funds and even increase yearly as long as they finance government operations, but capital expenditures are decreasing yearly. On the other hand, revenue growth from 2018 to 2022 tends to decrease, while the growth in operating expenditures and capital expenditures has fluctuated over the past 5 years. Therefore, the Regional Government of Kupang City is expected to maximize the revenue potential in the region. This is to reduce the dominance of the central government in financing the implementation of the Kupang City Regional Government.
 Paper type: Research Paper

Fostering Medical Students’ Commitment to Beneficence in Ethics Education

Fostering Medical Students’ Commitment to Beneficence in Ethics Education

Autonomy and aesthetic valuing

AbstractAccounts of aesthetic valuing emphasize two constraints on the formation of aesthetic belief. We must form our own aesthetic beliefs by engaging with aesthetic value first‐hand (the acquaintance principle) and by using our own capacities (the autonomy principle). But why? C. Thi Nguyen's proposal is that aesthetic valuing has an inverted structure. We often care about inquiry and engagement for the sake of having true beliefs, but in aesthetic engagement this is flipped: we care about arriving at good aesthetic beliefs for the sake of the values that arise in the process of doing so. The engagement is the point, so we must use our own capacities in first‐hand encounters. Here I challenge Nguyen's account. I argue that it misconstrues the value of aesthetic belief; it conflicts with restrictions on aesthetic testimony; and it has trouble harnessing engagement‐value for a theory of aesthetic value. A better approach emphasizes the social character of aesthetic valuing. On this view, aesthetic valuing is a social practice structured around the collaborative exercise and improvement of certain special capacities. The autonomy and acquaintance principles tell us to engage these capacities in forming our aesthetic beliefs. Understood aright, and contrary to consensus, these rules are identical.

Procedural autonomy of national courts acting as EU trade mark courts—how far can the effectiveness of unitary character of EUTMs be ensured?

Abstract The Court of Justice of the European Union has recently rendered preliminary rulings in two separate European Union trade mark (EUTM) infringement cases, Gemeinde Bodmann-Ludwigshafen (C-256/21) and LM v KP (C-654/21), confirming that a counterclaim for invalidity in an EUTM infringement proceedings is independent in scope and the outcome from the infringement action, reflecting the principle of procedural autonomy of national courts acting as EUTM courts.

Critical Study of Sharia Regional Regulations on Women's Emancipation

Sharia regional norms include Islam's dominant status, the principle of regional autonomy, and the Constitution of Indonesia, which served as its foundation. This is because several Sharia regional restrictions, such as the need to wear the headscarf and the ban on curfews for women, are discriminatory against women. This study aims to (1) determine whether or not regional governments have the ability to create Sharia regional laws and (2) identify the legal basis for Sharia regional regulations that do not allow for women's liberation. This study will be evaluated descriptively, using normative research with a statutory approach. Our findings indicate that Article 29 and Article 18 (paragraphs 1 and 2) of the Constitution provide the constitutional basis for the power to create Regional Regulations. Since the indications, constraints, and contents that Sharia regional rules may apply are not defined in the Indonesian legal system, the formulation of regional laws and their application remains controversial. Because of this, women may feel uneasy with the Sharia Regional Regulations. Furthermore, the Ministry has the authority to nullify contracts that violate regional Sharia norms that oppose and do not accommodate women's liberation. To better safeguard women's rights within the framework of Islamic law, the legal scholarship critical of Sharia regional restrictions and women's liberation is crucial. This study can significantly contribute to improving the legal framework and delivering gender equality and social justice by providing a critical analysis of rules and their implementation.

El acceso a la justicia arbitral: reflexiones sobre el amparo de pobreza en los procesos arbitrales en Colombia

This article explores the complex legal and constitutional implications of granting fee waivers in arbitration proceedings in Colombia. Fee waivers are a constitutional guarantee that exempts individuals from certain procedural costs in legal proceedings due to economic hardship, ensuring access to justice. However, its application in arbitration has been a subject of intense debate, as this figure is generally specific to ordinary courts. In this context, the inherent costs of arbitration, which are often higher than ordinary court proceedings, are analyzed. The principle of party autonomy is also considered, whereby agreeing to arbitration implies acceptance of associated costs. Critics argue that granting fee waivers could undermine this autonomy and the binding force of the arbitration agreement. Additionally, concerns about potential abuse and the contractual nature of arbitration as distinct from the judicial system are examined. Proponents and some scholars argue that denying fee waivers could effectively prevent those facing extreme economic difficulties from accessing arbitration, violating fundamental rights to access to justice and equality before the law. The article examines proposals for the exceptional and limited application of fee waivers in arbitration, subject to stringent standards. Alternative mechanisms to improve access to arbitral justice for the economically disadvantaged, such as subsidized services, legal aid programs, and specialized arbitration centers, are also discussed. The importance of ensuring equitable and equal access to arbitral justice to maintain the integrity, legitimacy, and effectiveness of arbitration as a dispute resolution mechanism is emphasized. A balanced approach is required that respects the principles of arbitration while upholding both constitutional and conventional guarantees. The article concludes with a call for reflection, open debate, and collaboration within the legal community to address this complex issue and shape the future trajectory of arbitration in Colombia.

From a critique of the principle of autonomy to an ethic of heteronomy.

Etymologically, autonomy is the ability to give oneself rules and follow them. It is an important principle of medical ethics, which can sometimes raise some tensions in the care relationship. We propose a new definition of ethics, the ethics of heteronomy: a self-normative, discursive and responsible autonomy. Autonomy cannot be considered without the responsibility each person must have towards others. In the care relationship, autonomy would be more the ability of each person to reach out to others than the ability to decide alone. The care relationship must be seen as an accompaniment of equals where each person allows the other to be rephrased. Autonomy would then no longer be absolute but relative to each situation. Being autonomous would become an ability for adaptation of the patient-doctor pair. The accompaniment allows the birth of a relationship of trust, giving the patient and the doctor the ability to touch and let themselves be touched, thus making each one progress in this reciprocal dialectic. The care relationship becomes the possibility of considering autonomy as a collective and not as an individual notion only. Paradoxically, by promoting the autonomy of the patient-doctor pair, they both develop their own autonomy.

Health teachers' ethical conflict experiences in the COVID-19 situation: a qualitative content analysis.

In the context of the COVID-19 pandemic, health teachers who are responsible for the health of school staff and students are experiencing many ethical conflicts, and research on this is needed. This study was to investigate and explore the ethical conflicts experienced by health teachers during the COVID-19 pandemic situation. This was a qualitive study using directed content analysis applied to the four principles of biomedical ethics. Study participants were a total of 26 health teachers in Seoul, South Korea. In-depth individual interviews were conducted with 14 health teachers, and focus group interviews were conducted with the other 12 (2 teams with each 6 persons). Data were collected between May-June 2022, and analyzed using a deductive approach among the qualitative content analysis of Elo and Kyngäs. This study satisfied the four aspects of credibility, transferability, dependability, and confirmability presented by Guba and Lincoln (1989) to secure the reliability of qualitative research. The ethical conflicts related to the four principles of biomedical ethics advocated by Beauchamp and Childress (autonomy, non-maleficence, beneficence, and justice), and the ethical conflicts in which overlap with the two principles of autonomy and non-maleficence, and the ethical conflicts related to miscellaneous matters or relationships, which were not included in the four principles, were investigated as the main 6 categories of ethical conflicts experienced by health teachers. Based on this, 10 generic categories and 17 subcategories were derived. This study could be used as primary data for policy development and intervention research. Such engagements can help identify ethical conflicts faced by health teachers in infectious disease crises, thus improving their ability to cope.

Could We Trust Parents? Bioethical Analysis of Biomedical Intervention on Healthy Children

This text deals with the bioethical analysis of biotechnologies and biomedical interventions for healthy children to achieve a better life for them. The study of such a situation requires that the relationship between respect for autonomy and beneficence should be considered from two perspectives: first, from the perspective of parents as holders of the right to make decisions about the treatment and improvement of their minor children (the principle of respect for autonomy). In that case, parents are guided by the principle of benevolence and paternalistically demand interventions with new bio-medical technologies to make their children's lives better, that is, to improve them. Another approach to the same problem refers to the pressure of children on their parents to provide them with a better life through medical interventions that are increasingly imposed as a social, gender, and aesthetic demand and promoted as an exit of "social suffering," to which individuals who do not meet such requirements are exposed. Bearing in mind both aspects, we analyze the possibility of solving emerging social problems through the potential transfer of the principle of autonomy (owned by parents) to the creditors of the right to make decisions regarding medical interventions for healthy children. Such concerns become particularly relevant given the complexity of the old question: Do parents see their children as an extension of their motives and ambitions? In that case, instead of the decision of the children and the family, an active role in deciding on the implementation of the interventions above should be played by independent professional and ethical commissions, which assess whether the holders of the right to make decisions aim to treat or improve healthy children and that these interventions would be possibly more adequate before some invasive application of biotechnological means.

Правовые аспекты использования эпигенетической информации: вопросы конфиденциальности, дискриминации и личной ответственности

Introduction: the article provides an overview of the legal, ethical, and social aspects of the epigenetic research development in the context of personalized medicine and the healthcare system as a whole. The authors address the issue of confidentiality of epigenetic information and assess the scale of its impact on the principle of patient autonomy. Purpose: to study the problematic aspects of using epigenetic information associated with the risks of discrimination, re-identification of donors of clinical samples, and the uncertainty of epigenetic predictors. Methods: traditional theoretical and empirical methods. Results: the study has revealed the specific nature of epigenetic information as a means of characterizing the relationship between lifestyle and environmental factors that influence human health and behavior. The paper also proves that there is differentiation in the understanding of epigenetic information among different population groups and uneven access to epigenetic data. Conclusions: Epigenetics is a promising area for the integration of public policy measures aimed at creating a more advanced health care and health insurance system. Epigenetic information, directly affecting the principle of patient autonomy, requires increased guarantees of legal protection.

Using Group Concept Mapping to Conceptualize Meaningfulness in Physical Education With Secondary Students

Purpose: As a contribution to the ongoing Meaningful Physical Education (PE) research, this study seeks to understand secondary students’ conceptualizations of meaningful PE experiences, using Group Concept Mapping. Methods: Participants were secondary students (n = 55) in an urban sports academy. Conceptualizations of meaningful PE experiences were derived through three main activities using Group Concept Mapping: (a) brainstorming, (b) sorting, and (c) rating for importance. Results: The meaningfulness in PE maps depict synthesized statements distributed across four clusters: kindness, physical activity, fun, and quality education. The most important ideas were: “being treated with respect,” “working hard,” “having fun,” “being active,” and “equality.” Conclusions: The most significant Meaningful PE statements demonstrated the importance of blending the Meaningful PE features based on school context while making pedagogical decisions following the principles of autonomy and inclusivity.

That was just your life: rethinking dementia for advance directives.

Over the past decades, literature in dementia ethics has extensively looked at moral questions revolving around the care of older people living with dementia. Particularly prevalent are autonomy-related concerns regarding topics such as advance directives. In this paper, we argue that these discussions are crucially premised on how dementia is understood and represented. Despite the multiplicity of dementia presentations in people, the dominant discourse predominantly frames dementia as 'monstrous,' an 'enemy,' a destructive experience in need of eradication. We contend that such a monolithic approach, from a moral standpoint, is problematic in several respects. Indeed, framing heavily influences the way dementia is understood and experienced, leading to stigmatization, bias, and distress. Not only does it influence decisions and discussions on advance directives, but we argue that this flawed understanding of dementia is rooted in and contributes to epistemic harm. In the first section, we introduce the ethics of advance directives. More specifically, we introduce the view developed by Dworkin who has largely influenced the debate by making the case for advance directives by grounding them in the principles of autonomy and beneficence. In the second section, we show how dementia is still mostly framed monolithically as a 'destructive experience.' We then show that this framing is problematic because it oversteps the different pathologies dementia implies, which leads to an inaccurate representation of the condition. In the third section, we present possible alternative framings: dementia as normal aging, a person-centered care framework, and an embodied view. In the fourth section, drawing on recent developments in the epistemic injustice literature, we explore how maintaining and utilizing flawed understandings of dementia may lead to distinct moral-epistemic harms for those living with dementia and inform ongoing discussions on advance directives. Finally, in the concluding section, we return to the case of advance directives and what the implications of rethinking dementia are.

VALJANOST UGOVORA O KUPOPRODAJI ROBE – KARAKTERISTIKE KINESKOG PRAVA

The paper presents the development of Chinese contract law, which underwent significant legislative changes from the 1980s until the adoption of the Civil Code of China in 2020. Although the legislative models of Croatian and Chinese legislators largely overlap, the paper discusses whether Chinese law comprises any specific solutions, particularly influenced by the ideological philosophies, of Confucianism and communism, which prevail in Chinese culture and legal system. The paper examines the specifics of concluding the sale of goods contracts between Croatian and Chinese traders. The research questions deal with the implementation of the UN Convention on the International Sale of Goods and legal challenges to the validity of contracts when Chinese law applies. The author identifies two key challenges to the validity of the contract according to Chinese law, namely its form and content, as well as the scope of application of the principle of party autonomy. Contractual solutions are proposed to avoid some dubious interpretations before the Chinese courts. In conclusion, this article contributes to understanding the context of Chinese commercial contract law and its legal framework, and enhances thereby the party’s legitimate expectations and the quality of drafting sales of goods contract when engaging in business with Chinese traders.

The great invigilator: Is interference over polities ever justified?

This article assesses if interference over polities is unjust due to its possibility to structurally undermine the freedom of polities. The thesis of this article is that the global processes? interference over polities is unjust unless it does not violate the principles of self-government. The article makes this claim by introducing the concept of structural invigilation. The article claims that globalization?s interference is unjust even when there is polity consent because globalization?s mere existence is causing the invigilation of polities to occur. However, things can be reversed in the case of a dominating polity, in which case globalization?s domination can actually lead towards the non-domination of citizens. In the last part of the paper, a threshold for judging the justness of interference will be articulated in the form of three conditions based on the principles of self-government, individual and communal autonomy and deliberation.

Inequalities in access to information: The case of cancer patients treated at the prefecture of Meknes-Morocco "Qualitative Research in Sociology".

If in the past the relationship between caregiver and patient was paternalistic based on the principle of protection, the advent of health democracy has made this relationship evolve to build it on the principles of equality and autonomy for the patient. However, this practice leaves something to be desired, given the forms of inequality in access to information that mark the relationship between caregiver and cancer patient. The objective of this qualitative study is to present a sociological view of the process of shaping inequalities in access to information and its determinants. The study took place in the medical prefecture of Meknes, with a target population consisting of cancer patients treated in public and private health establishments. A qualitative content analysis approach using semi-structured interviews was employed. A diversity of attitudes of the cancer patient with regard to the information, depending on whether the patient is strongly or weakly involved by the health professional in his or her illness or in the care he or she receives. In this case: a) active patient better informed; b) passive patient more or less informed; c) patient in denial who refuses to be informed. It seems that the issue of inequality of access to information is not a topical one, and yet it is given little consideration in the policies of the Ministry of Health, particularly in the fight against cancer in Morocco.

Антипедагогіка як постмодерністський проєкт

The article is devoted to revealing the essential characteristics of antipedagogy in the context of postmodern discourse. It has been shown that the representatives of this pedagogical movement called for the abandonment of education as a purposeful process of personality formation, considering it totalitarian and aimed at depersonalization. The ideas of postmodernism, which contributed to the formation and development of antipedagogy and alternative education, have been presented in the article as follows: changing the status of knowledge in society; extrastructural, non-linear way of organizing integrity, which excludes rigid centralization, orderliness, and symmetry; a special modernity model, in which life orientations and values are not imposed on a person. It has been proved that the spread of these ideas on education and pedagogical science helped to substantiate the basic provisions of antipedagogy. The provisions are related to the refusal of the purposeful personality formation according to a certain pattern, imposition of worldview schemes, life guidelines and values, the requirement to establish symmetrical relations, equal dialogue between a teacher and a student. It has been emphasized that antipedagogy was not narrowed to criticism of traditional school education and pedagogical science, but offered alternative pedagogical methods based on the principle of spontaneous autonomy of a child. The methods contribute to the self-development and self-determination of a student. The ideas of antipedagogy and its constructive potential are implemented in alternative educational institutions.