Legislative Reform Research Articles

Rethinking the Three Rs: Growing Momentum Toward a New Gold Standard in Australian Research.

Recent years have seen increasing recognition of the scientific, economic and ethical benefits of the use of non-animal models in advancing preclinical research, giving reason to rethink the application and framework of the Three Rs. However, to benefit from the economic advantages of shifting to such alternative methods, and to realise Australia's drug development potential, legislative reform is essential. Such reform should be responsive to international regulations that encourage the use of animal-free methods, and be coupled with a corresponding re-evaluation of current Three Rs frameworks and principles. If these supportive changes, and the recommendations from the 2023 Australian Commonwealth Scientific and Industrial Research Organisation (CSIRO) Futures Non-animal models report, are implemented concurrently - with government support paramount- then a new gold standard for scientific research in Australia could be created in which the use of non-animal models and animal-free methods is the default.

The Tightrope of Individual Liberties amid Pakistan’s Counter-Terrorism Agenda

This doctrinal research article explores the nuances, pitfalls, and opportunities within this intricate landscape. This doctrinal research delves into the intricate balance between individual liberties and Pakistan's counter-terrorism agenda, navigating the complex terrain where security imperatives intersect with fundamental rights. As Pakistan grapples with persistent security threats from terrorism, its response has often entailed the implementation of stringent measures aimed at thwarting terrorist activities and ensuring public safety. However, these measures have raised concerns about their impact on civil liberties, including freedoms of expression, association, and privacy. Drawing upon legal frameworks, policy documents, and judicial precedents, this research critically examines the evolving landscape of counter-terrorism laws and practices in Pakistan and their implications for individual liberties. It scrutinizes the compatibility of counter-terrorism measures with constitutional guarantees and international human rights standards, assessing the extent to which security imperatives have encroached upon fundamental rights and freedoms. Furthermore, this research explores the role of judicial oversight, executive discretion, and legislative reforms in reconciling the tension between security concerns and individual liberties within Pakistan's legal framework. It analyses landmark court decisions, legislative enactments, and government policies to elucidate the legal and institutional mechanisms aimed at safeguarding individual liberties while countering terrorism effectively. Moreover, this research situates Pakistan's counter-terrorism efforts within the broader context of regional security dynamics, highlighting the interconnectedness of domestic security challenges with regional conflicts, geopolitical rivalries, and transnational terrorist networks. It underscores the importance of regional cooperation, information sharing, and diplomatic engagement in addressing common security threats while respecting individual liberties across borders. By critically examining the tightrope walk between individual liberties and Pakistan's counter-terrorism agenda, this research contributes to a nuanced understanding of the challenges and trade-offs inherent in balancing security imperatives with respect for fundamental rights.

African Law and The Status of Women’s Access to Justice in Cameroon

The sources of law in most African countries are customary law, the received laws and legislation both colonial and post-independence. In a typical African country as is the case with Cameroon, the great majority of people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognising the role of legislative reforms, it is argued here that the courts have an important role to play in ensuring that customary law is reformed and developed to ensure that it conforms to human rights norms and contribute to the promotion of equality between men and women. The guiding principle should be that customary law is a living law and cannot therefore be static. It must be interpreted to take account of the lived experiences of the people it serves.

Gender and the public realm in Nigeria: Hannah Arendt‘s perspective

Hannah Arendt, renowned for her insights into political philosophy, particularly in "The Human Condition" and "On Revolution", delineates the dichotomy between the public and private realms. In her analysis, the public sphere represents a space of political agency and rational discourse, crucial for the realization of human freedom and equality. Conversely, the private realm, characterized by necessity and domesticity, traditionally excludes women from active participation in public affairs. This study explores Arendt's theories to analyze gender exclusion in Nigeria's public realm. Historically, Nigerian women have faced systemic marginalization, confined to the private sphere, hindering their political participation. This research aims to evaluate women's representation in Nigerian politics, the impact of colonial and post-colonial policies, and the role of patriarchal structures. Integrating Arendt's framework with gender theory and social exclusion, the study underscores the need for constitutional amendments and cultural shifts to enhance women's political agency. This research proposes multifaceted solutions. These include legislative reforms to promote gender equality, educational initiatives to empower women politically, and cultural shifts to challenge stereotypes and biases against women in leadership roles. Such interventions are crucial for dismantling existing barriers and fostering a more inclusive public sphere where women's voices are heard and their contributions are valued. This research uniquely applies Arendt’s political theory to the contemporary issue of gender exclusion in Nigerian politics, providing a comprehensive analysis that links historical, cultural, and structural factors. It offers actionable recommendations to improve women's political representation and participation, fostering women's education, political advocacy, and cultural change to achieve a more egalitarian society.

State Cannabis and Psychedelic Legislation and Microdosing Interest in the US

ImportanceDespite growing interest in psychedelics, there is a lack of routine population-based surveillance of psychedelic microdosing (taking “subperceptual” doses of psychedelics, approximately one-twentieth to one-fifth of a full dose, over prolonged periods). Analyzing Google search queries can provide insights into public interest and help address this gap.ObjectiveTo analyze trends in public interest in microdosing in the US through Google search queries and assess their association with cannabis and psychedelic legislative reforms.Design, Setting, and ParticipantsIn this cross-sectional study, a dynamic event-time difference-in-difference time series analysis was used to assess the impact of cannabis and psychedelic legislation on microdosing search rates from January 1, 2010, to December 31, 2023. Google search rates mentioning “microdosing,” “micro dosing,” “microdose,” or “micro dose” within the US and across US states were measured in aggregate.ExposureEnactment of (1) local psychedelic decriminalization laws; (2) legalization of psychedelic-assisted therapy and statewide psychedelic decriminalization; (3) statewide medical cannabis use laws; (4) statewide recreational cannabis use laws; and (5) all cannabis and psychedelic use restricted.Main Outcome and MeasuresMicrodosing searches per 10 million Google queries were measured, examining annual and monthly changes in search rates across the US, including frequency and nature of related searches.ResultsSearches for microdosing in the US remained stable until 2014, then increased annually thereafter, with a cumulative increase by a factor of 13.4 from 2015 to 2023 (7.9 per 10 million to 105.6 per 10 million searches, respectively). In 2023, there were 3.0 million microdosing searches in the US. Analysis at the state level revealed that local psychedelic decriminalization laws were associated with an increase in search rates by 22.4 per 10 million (95% CI, 7.5-37.2), statewide psychedelic therapeutic legalization and decriminalization were associated with an increase in search rates by 28.9 per 10 million (95% CI, 16.5-41.2), statewide recreational cannabis laws were associated with an increase in search rates by 40.9 per 10 million (95% CI, 28.6-53.3), and statewide medical cannabis laws were associated with an increase in search rates by 11.5 per 10 million (95% CI, 6.0-16.9). From August through December 2023, 27.0% of the variation in monthly microdosing search rates between states was explained by differences in cannabis and psychedelics legal status.Conclusion and RelevanceThis cross-sectional study found that state-led legislative reforms on cannabis and psychedelics were associated with increased public interest in microdosing psychedelics.

Legislative mechanisms of personal data protection in the health care system

Human rights and freedoms, guarantees of their observance and protection should be the basis of the activities of any democratic country in the world. The issue of information security becomes particularly relevant in modern conditions, because medical institutions collect and store personal data of persons who contact them, the results of laboratory and instrumental research, diagnoses, medical histories, etc. Endless reforms, changes in legislation, introduction of an electronic system in the field of health care cause a lot of discussions about individual mechanisms of its functioning and ensuring the protection of personal data. The collection of personal data must be lawful, subject to strict requirements and for a legitimate purpose. In addition, persons or organizations engaged in the collection and processing of personal information must protect it from abuse and respect the rights of data owners guaranteed by law. The reform of legislation in the field of data protection should take place in parallel with the dynamic process of development of Internet technologies, including the creation of a formalized system of legislation in the field of privacy. In addition, considerable attention should be paid to the level of awareness of citizens about how their personal data may be collected and used. In particular, the request for consent to the processing of personal data must be clear; access to own data should be simplified and their mobility should be increased for easier transfer of data from one service to another; companies and organizations must report serious security breaches in a timely manner. And of course, ensuring the appropriate level of responsibility and reporting of all those involved in personal data processing. Health care is increasingly reliant on information technology. More and more hospitals and healthcare institutions are using information and communication technologies to support and improve their work. Digital technologies are widely used in the public health care sector, including electronic prescriptions, appointments with a family doctor, records of services rendered, hospitalization, hospital discharge, etc. In this context, a wide range of eHealth tools and services have emerged. Electronic medical records are created in such a way that it is possible to transfer patient data between different medical professionals. Although digital health technologies have so many important functions, their high dependence on sensitive patient health information can cause information security issues. At the same time, a significant part of personal health data is often collected without informing patients about it.

ЗЕМЕЛЬНІ ПРАВОПОРУШЕННЯ: РОЗМЕЖУВАННЯ КРИМІНАЛЬНОЇ, АДМІНІСТРАТИВНОЇ І ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.

The Impact of Corruption on Investment and Development in Poverty-Stricken Regions in Canada

Purpose: The aim of the study was to analyze the impact of corruption on investment and development in poverty-stricken regions. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: Corruption profoundly undermines investment and development in poverty-stricken regions, stifling economic growth and exacerbating inequalities. By diverting resources away from essential infrastructure and public services, corrupt practices impede progress and perpetuate cycles of poverty. Addressing corruption through transparent governance mechanisms, strengthened regulatory frameworks, and international cooperation is essential to unlocking the economic potential of these regions and fostering sustainable development. Unique Contribution to Theory, Practice and Policy: Institutional theory, principal-agent theory & dependency theory may be used to anchor future studies on the impact of corruption on investment and development in poverty-stricken regions. Practical recommendations focus on implementing measures to enhance transparency, accountability, and rule of law in governance structures. Policy recommendations advocate for the adoption and enforcement of anti-corruption legislation, international conventions, and institutional reforms.

Bounced Cheque as an Enforceable Instrument: A Comparative Study between the United Arab Emirates (UAE) & French Legislations

Purpose: This research aims to define the bounced cheque, which is considered an Enforceable Instrument, and to clarify its cases, implementation procedures, and the conditions associated with this execution through a comparative study of the prevailing legal provisions in both Emirati and French law. Theoretical reference: The study examines the concept of a bounced cheque as an Enforceable Instrument under the legal frameworks of the UAE and France. It analyzes the criteria, cases, and procedural requirements for executing a bounced cheque in both jurisdictions, highlighting the differences and similarities in their legislative approaches. Method: A comparative analysis was conducted, scrutinizing the legal provisions and enforcement procedures related to bounced cheques in Emirati and French law. The study involved reviewing relevant statutes, case laws, and legal commentaries to understand the practical implications of treating a bounced cheque as an Enforceable Instrument in both countries. Results and Conclusion: The research reveals that in UAE law, a bounced cheque is considered an Enforceable Instrument as soon as the bank notes the absence of sufficient funds or that the drawer's account has been closed. In contrast, French legislation grants Enforceable Instrument status to an unpaid cheque only after a thirty-day period, allowing the drawer time to settle the cheque's value or reach a settlement with the beneficiary. The study concludes that while both legal systems recognize the enforceability of bounced cheques, they differ significantly in the timing and conditions under which this enforceability is granted. Implications of research: The findings suggest that while the immediate enforceability of bounced cheques in the UAE provides swift recourse for beneficiaries, the French approach of granting a grace period offers a more balanced consideration for the drawer. The research implies that incorporating a reasonable time frame for fulfilling the value of the bounced cheque, as suggested in the recommendations, could harmonize the interests of both parties involved. Originality/value: The research provides a comprehensive comparative analysis of the enforcement of bounced cheques in Emirati and French law, offering valuable insights into the strengths and weaknesses of each system. The proposed recommendation of a balanced time frame for cheque fulfillment contributes to the ongoing discourse on optimizing legal procedures for financial instruments, potentially influencing future legislative reforms.

Iatrogenic crimes: issues of criminalization and criminal liability

The article is devoted to the peculiarities of legislative regulation of iatrogenic crimes in the light of the latest reform of the criminal legislation of the Republic of Armenia. The author analyzed the term “iatrogeny”, differentiated crimes according to the characteristics of a special subject of the crime (medical worker) when performing professional duties, and conducted a comparative legal analysis with the Criminal Code of the Russian Federation. The author focused on the criminalization of acts in the field of reproductive cloning and eugenic experiments, justifying the need for legislative regulation of these crimes, taking into account the growing needs of modern medicine in conducting experimental research. The relevant laws of the Republic of Armenia containing norms and definitions used in constructing the group of crimes under consideration are also analyzed. Medical error and qualification issues based on the characteristics of a special subject of a crime are considered.

Fines and Fees in Flux: Exploring Changes in Municipal Violation Sentencing after Court Reform

Monetary sanctions are a ubiquitous part of punishment in the criminal legal system. In recent years, highly publicized events have drawn attention to monetary sanctions at the intersection of poverty, race, and legal system contact. The current study uses Autoregressive Integrated Moving Average models to assess monetary sanction reform legislation in St. Louis, Missouri – where the U.S. Department of Justice’s 2015 Ferguson Report implicated monetary sanctions practices as a contributing to tension between the community and the criminal legal system. We find that white defendants experienced an increase in the average amount of fines received (the punishment portion of the sentence), further, the implementation of the reform (modeled as a step function) was associated with increased fee assessments for those receiving monetary sanctions. Further, racial gaps in total assessments across Black and white residents remained, even as fees for Black defendants declined. Our findings highlight how policies can improve some parts of the criminal legal system yet remain insufficient to fully address their stated goals.

Anatomical human body donation in South Africa: Inconsistencies of informed consent

IntroductionInformed consent is critical for maintaining the ethical standards associated with the utilization of human donor bodies by tertiary education institutions. Body donation programs undertake the responsibility for procuring human donor bodies for didactic and research purposes. However, its processes require scrutiny regarding best practice guidelines and the South African National Health Act (SA-NHA) (2013). Moreover, acknowledging and addressing the current perceptions of human body donation are indispensable in bridging the gap between academia and society. This study aimed to compare informed consent documentation and procedures across South African tertiary education institutions and their affiliated human body donation programs (HBDP) in accordance with international guidelines. The findings were used to create a human body donation form template aligned to current international best practices for consideration by the South African HBDP. MethodologyA review of information and consent forms collected from South Africa’s eight HBDP was conducted. The analyses consisted of a broad evaluation of information provided, ranging from the terms-of-use for human donor bodies to the commitments made by HBDP to body-donors. The results were considered in conjunction with the International Federation of Associations of Anatomists and other recent publications on informed consent in HBDP. ResultsOnly two of the eight HBDP provided information and consent forms in more than one language. Most allowed donors to select how their bodies will be utilized – education, training and/or research. Some (6/8) made provisions for the next-of-kin to receive the cremains. Only one tertiary educational institution mentioned the occurrence of a memorial service in its documentation. An HBDF template was created aligned to current international best practices for presentation and possible adaption by SA HBDP. Discussion & conclusionsHuman body donation forms (HBDF) requires thorough examination for the promotion and sustainability of HBDP. Effective communication by employing standardized non-technical terminology conveyed in language that is understandable and native to potential donors facilitates the deliverance of informed consent. Inconsistencies regarding the use and management of bodies catalyze the weakening perception of human body donation. Thus, this process of securing informed consent for body donation should be conducted in conjunction with public awareness campaigns and underpinned by the necessary policy and legislative reform.

Fentanyl and xylazine crisis: Crafting coherent strategies for opioid overdose prevention

The United States is in the throes of a severe opioid overdose epidemic, primarily fueled by the pervasive use of fentanyl and the emerging threat of xylazine, a veterinary sedative often mixed with fentanyl. The high potency and long duration of fentanyl is compounded by the added risks from xylazine, heightening the lethal danger faced by opioid users. Measures such as enhanced surveillance, public awareness campaigns, and the distribution of fentanyl-xylazine test kits, and naloxone have been undertaken to mitigate this crisis. Fentanyl-related overdose deaths persist despite these efforts, partly due to inconsistent policies across states and resistance towards adopting harm reduction strategies. A multifaceted approach is imperative in effectively combating the opioid overdose epidemic. This approach should include expansion of treatment access, broadening the availability of medications for opioid use disorder, implementation of harm reduction strategies, and enaction of legislative reforms and diminishing stigma associated with opioid use disorder.

THE FUTURE OF OPEN GOVERNMENT

The article examines the potential and obstacles of adopting open government principles in Vietnam. Utilizing a thorough document analysis of governmental reports, policy directives, and academic documents, the study highlights significant progress through legislative reforms and digital technology adoption in Vietnam. This country is undergoing a shift towards transparent governance, motivated by its strong economic growth and political development. Notwithstanding these progressions, Vietnam encounters various obstacles. These factors encompass discrepancies in technology infrastructure, cultural and institutional opposition, concerns around privacy andsecurity, and limitations in available resources. Furthermore, the challenge of aligning new policies with current legislation and ensuring efficient implementation presents additional complexities. The study suggests that enhancing legal and regulatory frameworks, digital infrastructure, fostering a culture of transparency in public agencies, building inclusive participation methods, and prioritizing anti-corruption measures will help Vietnam overcome obstacles in developing an open government.

Modalities of dismissal in the Republic of Croatia

The following paper examines the modalities of dismissal in the Republic of Croatia, providing a comprehensive overview of historical developments, as well as the current legal framework regarding the subject matter. An in-depth analysis of objective, subjective, and collective dismissals will be provided herein, tracing their evolution from the 1990s to present day. The paper highlights key legislative reforms and their impact on employment termination practices, offering valuable insights into the labour law legislation in Croatia regulating the various types of dismissals.

Breaking the stigma- mental health and legislative evolution in the Covid-19 era

Mental health legislation is vital for safeguarding the rights of individuals with mental disorders, a vulnerable segment of the population. This article explores the evolution and impact of Romania's mental health laws, which have developed to align with European standards while addressing the unique challenges of the Romanian mental health system. By examining recent legislative advancements and new policies, such as the National Mental Health Strategy 2020-2030 and the Mental Health and Wellbeing Act of 2021, the article highlights efforts to improve mental health care and reduce stigma. Comparisons with mental health legislation in other European Union countries, including Germany, France, Spain and others, provide a broader context for understanding Romania's progress and ongoing needs. The role of media in perpetuating stigma and the importance of public education and legislative reform are discussed as crucial components for fostering a supportive environment for individuals with mental disorders. Furthermore, the article addresses the biopsychosocial implications of stigmatization and the necessity of a societal commitment to enhance mental health understanding and support. The conclusion emphasizes that continuous legislative updates, public awareness campaigns, and integrated community-based services are essential for creating an inclusive and respectful society for those affected by mental disorders.

Healthcare provider data breaches - framework for crisis communication and support of patients and healthcare workers in mental healthcare.

Increasing numbers of healthcare data breaches highlight the need for structured organisational responses to protect patients, trainees and psychiatrists against identity theft and blackmail. Evidence-based guidance that is informed by the COVID-19 pandemic response includes: timely and reliable information tailored to users' safety, encouragement to take protective action, and access to practical and psychological support. For healthcare organisations which have suffered a data breach, insurance essentially improves access to funded cyber security responses, risk communication and public relations. Patients, trainees and psychiatrists need specific advice on protective measures. Healthcare data security legislative reform is urgently needed.

The Legacy of Peter the Great and Modern Military Criminal Law of Russia

The system of military crimes as acts encroaching on the military security of Russia in the Criminal Code of the Russian Federation was focused exclusively on peacetime conditions. In the context of a special military operation on the territory of Ukraine, an urgent adjustment of criminal legislation was required. For this purpose, the legislative experience of not only the Soviet, but also the pre-Soviet period was used. At the same time, the importance of Peter the Great’s military criminal legislation is clearly underestimated, including ideas about the complicity of civilians in military crimes, about the active repentance of a deserter, about the composition of the surrender of fortresses, surrender and communication with the enemy, the surrender of a warship to the enemy, looting as a crime encroaching, first of all, on the interests of the civilian population. The reform of Russian military criminal legislation and legislation on crimes that infringe on Russia’s national security should not be considered complete.

How Effective Are Ireland's Monitory Mechanisms in Improving Its Child Protection and Welfare Services?

ABSTRACTChild protection and welfare systems are entrusted with significant power by governments and are therefore a significant focus of monitoring activities. Monitoring can help to build a better child protection system and to ensure child safety; track policy and legislative implementation and resource allocation; contribute to preventing systemic ‘failures’; provide data for system, policy, and legislative reforms; and support continuous improvement. The Irish system is worth examining for three reasons. First, Ireland has had a single state‐provided child protection and welfare service called the Child and Family Agency. Second, the system has been through a sustained period of development. Third, Ireland has one dedicated statutory authority called the Health Information and Quality Authority (HIQA). This article provides a case study of the strategies and mechanisms adopted by Ireland to monitor the operation, quality and development of its child protection and welfare system. We will show that there is significant direct and indirect monitoring and focus on child protection from regulators, civil society organisations, government agencies and committees and independent actors. Such monitoring has significantly influenced the development of policy, practice and the development of the child protection system in Ireland.

ინტეგრაციისა და რეინტეგრაციის ბენეფიციარების საჭიროების კვლევა

Georgia faces significant challenges, the main of which is the rapid and sustainable development of the country's economy in adherence to the principles of the free market, the establishment of institutions relevant to the modern European and universal democratic values system, the provision of social welfare, and integration into the European and Euro-Atlantic space. Overcoming these challenges and building a modern democratic state requires systemic changes in the management and implementation of state policy. Despite the legislative reforms implemented in the field of migration in recent years, the improvement of legal mechanisms for regulating this area remains a challenge, while certain issues still require legal regulation due to the needs of the beneficiaries. Based on the results of the survey, it is advisable to implement the following measures in order to better integrate internationally protected persons: promoting the teaching of the Georgian language, improving access to public services, employment assistance, budget increase of integration programs.