Autonomy Rights Research Articles

PERSONAL IDENTITY AND THE CHALLENGES OF ITS FULL PROTECTION: AN ESSAY IN THE CONTEXT OF THE EXPANSION OF PERSONALITY RIGHTS

This research aims to analyze aspects related to personal identity, especially regarding the conceptualization of this personality right and how it is understood, not only by doctrine, but also by legislation and case law in Brazil. The importance of the topic is due to the need to broaden the understanding of personal identity as a personality right and its repercussions on the full development of each individual, as well as its effective protection. In this sense, this study seeks to identify personal identity as an autonomous personality right, to analyze its protection through the study of legislation and case law, including foreign legislation, and to identify the possible and consequent threats to other personality rights in the face of a possible legal-protective deficit of personal identity. To this end, the study uses the hypothetical-deductive method, with bibliographical analysis as the main methodological procedure.

Analisis Kerjasama Antara Anggota TNI dan Pemerintah Daerah Papua dalam Menangani Konflik di Papua

The province of Papua has long been affected by conflicts involving political issues, autonomy, ethnic diversity, natural resources, and human rights. This conflict began during the colonial period and continued after Papua became part of Indonesia in 1945, particularly following the 1969 Pepera, which many Papua residents deemed unfair. Violence in Papua persists with numerous casualties, reflecting a severe security situation. Conflict management efforts involve synergy between the TNI and local government, with the TNI focusing not only on security but also on social and economic development. Collaboration between territorial apparatus and local government is expected to create stability but often faces challenges such as differing task perceptions and support for separatist groups. This study employs a qualitative research method with a case study approach, using interviews and literature review to gather data. The findings indicate that handling the conflict in Papua requires strategic measures, including increasing the presence of Satuan Komando Wilayah (Satkowil) at each administrative level, such as Kodim in districts and Koramil in sub-districts. Kodim and Koramil play a crucial role in maintaining security and supporting local development and community welfare. It is also important to map various types of conflicts—armed, communal, and social—and adopt appropriate approaches. Satkowil/Apter serves as a communication bridge between local government and the community, assisting in policy implementation and addressing conflicts proactively. Effective collaboration between territorial apparatus and local government is expected to enhance stability and progress in Papua.

Informed Consent in Clinical Training: Perspectives from Medical Students and Faculty in Portugal.

The student-patient relationship represents the cornerstone of medical education, shaping future doctors' knowledge, skills and attitudes. While most patients allow student involvement in their care, some may express discomfort. Thus, obtaining explicit consent is essential to respect patients' right of autonomy. This study mainly aims to assess the practical application of informed consent by medical students and teachers regarding students' presence and participation in patients' care. An observational cross-sectional study was performed, and an online questionnaire was given to students and teachers at a single medical school, via institutional email. The study included 289 participants, namely 232 students and 57 teachers. While 81% of teachers reported always asking the patient's consent for students' presence, only 28% of students claimed this to be the case. Despite challenges like overcrowding and limited time, involving students in healthcare benefits both students and patients. Moreover, medical ethics education is crucial to foster compassionate care and promote ethical reasoning. The disparities found between teachers' practices and students' perspectives highlight the need to intervene and provide them with an adequate education on ethical values in clinical practice. Strategic interventions at institutional levels are required for a simultaneous high quality of patient care and clinical training.

The role (and limits) of developmental neuroscience in determining adolescents’ autonomy rights: The case for reproductive and voting rights

Neuroscientific evidence documenting continued neural development throughout adolescence has been leveraged in advocacy for more lenient treatment of adolescents in the criminal justice system. In recent years, developmental science, including neuroscience, has progressed and enabled more nuanced interpretations of what continuing neural development in adolescence likely means functionally for adolescents’ capabilities. However, oversimplified interpretations equating continuing neural development to overall “immaturity” are frequently used to make the case that adolescents should have fewer legal rights to make decisions on their own behalf, including regarding reproductive and voting rights. Here we address ongoing debates about adolescents’ autonomy rights and whether such rights should be expanded or restricted. We review extant neuroscientific and developmental research that can inform these debates. We call for: (1) a more nuanced application of developmental neuroscience to specific rights issues in specific contexts; (2) additional research designed to inform our understanding of the developmental benefits or harms of rights-based policies on young people over time; and (3) the grounding of developmental neuroscientific research on adolescents within a human rights framework. We offer suggestions to developmental and neuroscience scholars on how to discuss the science of adolescent development with those seeking guidance in their design of law and policy.

Freedom for some, but not for Mum: the reproductive injustice associated with pandemic 'Freedom Day' for perinatal women in the United Kingdom.

Healthcare services for pregnant and postpartum ('perinatal') women were reconfigured significantly at the advent and for the duration of the SARS-CoV-2 pandemic, and despite the United Kingdom announcing 'Freedom Day' on 19 July 2021 (whereafter all legal lockdown-related restrictions were lifted), restrictions to maternity (antenatal, intrapartum, and postnatal) services remained. This study presents data from eight perinatal women about their experiences of psychosocial wellbeing and maternity care in the post-'Freedom Day' epoch. Semi-structured interviews were conducted virtually, with data recorded, transcribed, and analysed by hand. Grounded theory analysis was employed with the final theory assessing the reproductive injustice of the pandemic 'Freedom Day'. Analysing iteratively and inductively led to four emergent themes: 'A Failing System, Failing Women'; 'Harm Caused by a State of Difference'; 'The Privileges (Not Rights) of Reproductive Autonomy, Agency, and Advocacy'; and 'Worried Women and Marginalised Mothers'. Together, these themes form the theory of 'Freedom for some, but not for Mum'. Women experienced a lack of high-quality reliable information about the pandemic, vaccination against the virus, and the changes to, and decision-making surrounding, their perinatal care. Women recognised healthcare professionals and maternity services were stretched and that maternity services were failing but often reported hostility from staff and abandonment at times when they were unsure about how to navigate their care. The most singular injustice was the disparity between women having to accept continuing restrictions to their freedom whilst receiving maternity care and the (reckless) freedom being enacted by the general public.

Legal Certainty of Patients’ Right to Autonomy Protection in High-Risk Health Services

The relationship between medical personnel and patients in health services should be viewed as a legal relationship between humans who have equal rights. There are two basic human rights in health services, the right to autonomy and the right to information. The results of the study indicate that the protection of patients' autonomy rights is one of the principles in biomedical ethics used as the moral basis for the provision of health services. The form of protection of patients' autonomy rights in health services is realized through regulations related to Informed Consent in Law Number 17 of 2023 Concerning Health and Minister of Health Regulation Number 290 of 2008 Concerning Consent to Medical Actions. Meanwhile, regulations related to the protection of patients' autonomy rights for high-risk health care actions have not met legal certainty because the health care actions are not classified as high-risk.

Digital medication and patients' right of autonomy in Spain.

The progress the Internet has experienced in recent years has brought about huge changes and social transformation in all aspects of our lives. One such aspect greatly impacted has been our health, where we can talk about the existence of an 'Internet of Medical Things'. Amid this digital drift, we have seen the development of pharmaceutical drugs that provide information to patients and their attending healthcare teams concerning medication, doses ingested, and time of ingestion. These are digital pills or digital medication. In this context, the purpose of my paper is to analyze the ethical and legal impact of digital medication, further analyzing the implications concerning the right of service users to make decisions over their own health in Spain.

Specialised justice as a path between the universal and the particular in the light of the Chilean case

The aim of this paper is to highlight the need to establish a specialised justice system for vulnerable groups. The Chilean experience in this area is used as a reference point. Questions are raised as to which groups deserve special attention and how specialisation can be achieved without compromising the neutrality of the law, which also aims at universality, at least at the local level. The idea that this differentiated consideration is a necessity is addressed, and its basis is essentially based on two things: an understanding of the right of access to justice as an autonomous right, and the principle of relative equality as material equality. Although it does not deal with practical implementation, it offers indicative guidelines that would allow for the optimisation of procedural and substantive legal instruments, thereby improving access to justice for vulnerable groups. In order to outline the path towards specialisation, key issues such as the definition of vulnerable groups and the debate on whether a procedural solution is sufficient or whether a correction of substantive criminal law is necessary are addressed. Finally, it discusses the insufficiency of a purely administrative solution and the feasibility of judicial specialisation, considering the possibility that the neutrality and objectivity of criminal law and criminal procedure may ultimately be violated. Finally, the question is raised as to whether specialised justice is a more empathetic than legal solution, which tends to undermine social solutions over individual ones.

Dynamics of Agricultural Development in Coastal Areas and Small Islands; Criticism of Human Resource Management in Local Government Organizations

Agricultural development must be the government's main focus to achieve comprehensive and serious economic development for society. The (Regional) Government as a public organization holding autonomous rights to determine policies to increase agricultural development must begin to prepare. What many experts have highlighted is the role of Regional Government in regional development in terms of human resources, namely the existence of a personnel system called bureaucracy. Every organization needs to develop human resources (HR) through improving performance to have abilities, skills, and positive attitudes to carry out their duties well. Experts and scholars say that three concepts among the many are highlighted in the aspect of bureaucratic resource management to improve employees' work, namely organizational justice, organizational politics, and work commitment. The research aims to determine and analyze the achievements of implementing agricultural development; and to know and analyze the respective relationships between organizational justice, organizational politics, and work commitment on employee performance in agricultural development. Use a quantitative approach to causality design. Take the case of Wakatobi Regency with its unique coastal areas and small islands. The sample was 225 employees or around 44% of the total sample of 514 people. The number of samples was determined by Slovin calculation and then taken at simple random. Primary data was obtained through distributing questionnaires, and secondary data from economic reports from authorized institutions. Data were analyzed using the SEM-AMOS approach. The results of the analysis found that development in Wakatobi Regency is supported by the agricultural and fisheries sectors. Its role is very dominant in GRDP, but it has not shown a direction that is in line with economic growth because it has experienced a decline. One of the aspects highlighted is that the performance of local governments in agricultural and fisheries development has not been optimal. The theoretical implication is that development performance analysis must use variables and indicators from empirical factual data (non-perception) through GRDP values and economic growth. Because, it has been proven that aspects of implementing human resource management through organizational politics and organizational justice have been proven to have a significant influence on performance, while work commitment is not yet significant. Practical implications for the government as a development policy formulator are to evaluate the development approaches that have been carried out, as well as regional leaders and leaders of regional apparatus implementing units (OPD) to pay attention to employee work commitment because our findings prove that their role is still weak in carrying out their duties and functions as ASN.

Towards a more just approach to community forestry initiatives: Confronting contradictions, trade-offs, and threats to fairness

Community forest management (CFM) has gained prominence globally and shown great value as a community-based conservation approach to protecting and sustainably managing forest ecosystems while, at the same time, devolving tenure rights to local populations and stimulating local livelihoods and economies. Given CFM's relative successes and socioeconomic goals, it is often assumed to be an inherently just approach. Here, we challenge that assumption. We present a framework rooted in environmental justice to uncover how some initiatives can perpetuate or exacerbate unfairness and thus undermine the core purpose and spirit of CFM. We put forward three questions on the fairness of CFM programs. First, we call to question the imposition of new CFM-related restrictions and rules, considering Indigenous and local communities' legal autonomy and/or long-standing de facto rights. Second, we interrogate the burden of CFM-related economic costs and opportunity costs, in light of communities' poverty conditions and vulnerable livelihoods. Third, we examine the fairness of focusing on the role of local communities in tackling deforestation and forest degradation, given these groups might not be the ones primarily responsible for those problems. Our discussion exposes several contradictions, trade-offs and justice implications of CFM that have remained largely unrecognized. We conclude by providing recommendations for a more just approach that centers a rights-needs-merit rationale. Our analysis is relevant for community-based conservation efforts around the globe.

Understanding Sexual Dysfunctions in Individuals with Intellectual Disabilities from A Psychological Perspective

Background: This article delves into the complex world of sexual dysfunctions in individuals with intellectual disabilities (ID), a topic that has been relatively underexplored in the realm of psychological research. Intending to shed light on the unique challenges faced by this population, the article meticulously examines the barriers to effective communication, cognitive differences, and the social dynamics that impact both the experiences and treatment outcomes for individuals with ID. Methods: The study utilized a blend of empirical methods, including questionnaires, psychodiagnostic tests, and graphical representations of data, and was conducted among a substantial sample of 1450 individuals with ID in Kyiv, Ukraine. It offers a comprehensive overview of the sexual health landscape within this community. Results: The research findings highlight a notable prevalence of sexual dysfunctions among the ID population, exacerbated by a lack of accessible sexual education, the prevalence of unsafe sexual practices, and a high rate of self-reported sexual abuse. Conclusions: The article emphasizes the importance of a nuanced understanding and approach to sexual health care and education for individuals with ID. It calls for policies, practices, and further research that honor the dignity, autonomy, and sexual rights of individuals with ID, aiming to bridge the current gaps in care and understanding. By doing so, it contributes significantly to the discourse on sexual health in the ID population, offering valuable insights and directions for future work in this vital area of study.

Peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia in the interwar period (1919-1939) of the 20th century

The article examines the peculiarities of the development of Ukrainian political and legal thought of the nationalist direction in Galicia during the interwar period. The ideas and specifics of the views of Ukrainian thinkers who formed and developed Ukrainian nationalist thought are considered. It is shown that the struggle of Ukrainian nationalists was aimed at realizing the natural right of the Ukrainian people to self-determination. It is emphasized that it was extremely difficult for Ukrainians to achieve this in practice, because the process of annexation of Western Ukrainian lands was accompanied by a violation of fundamental international obligations of Poland and its current legislation, which were a prerequisite for the consent of the victorious states to temporary (1919) and permanent, with the rights of autonomy (1923) inclusion of Western Ukrainian lands into the Second Polish-Lithuanian Commonwealth. It is emphasized that in the 20s, the occupation government began mass polonization in Galicia, which consisted in the artificial colonization of Ukrainian ethnic lands by the Polish population, significant restrictions on Ukrainians in obtaining school education in their native language, persecution of organized public life, etc. The apogee was the so-called pacification, a punitive action to "pacify” Ukrainians, which was carried out from September 16 to November 30, 1930. It was established that repression and mass terror caused acute forms of confrontation in society, which should be considered as an adequate response of Ukrainian nationalists to the efforts of the authorities to oppress the Ukrainian population with violent methods. It is argued that a new stage in the development of Ukrainian political and legal thought of a nationalist direction is largely connected with the figure of Dmytro Dontsov, who formed the basic principles of education of the national elite, defense of national interests and development of national ideology. It has been proven that in the interwar period, nationalist ideas in Galicia penetrated into the popular masses, mastered them and thus significantly changed the character of the Ukrainian people.

Should obstetric mortality be an inalienable right?

Obstetricians often times find themselves in a conflict of right and duty with their patients, when these patients refuse recommended treatment. On the one hand, the obstetrician, aiming to fulfil the duty of care, recommends a treatment in the best interest of the woman. The woman, on the other hand, exercising her right of self-determination and autonomy, declines the recommended treatment. A search was conducted for literature, articles and case reports on the subject on PubMed/MEDLINE and Google Scholar using the keywords: medical ethics, medical law, obstetric mortality, maternal medicine, foetal medicine, patient autonomy, informed consent, right to life and right to liberty. Opinions have historically differed on whether maternal or foetal rights should be deferred to in situations where pregnant women refuse obstetric interventions. So also have legal decisions on the issue. The general consensus is, however, to respect a woman's refusal of recommended medical treatment, in deference to her right of self-determination and autonomy. The obstetric outcomes in such instances are however, often times, unfavourable. The ethics of patient care in the face of conflicting rights deserves renewed examination and discourse.

From exception to pioneering: Insights on combining professional autonomy and social rights from the Syndicat National des Artistes Plasticien·nes

This article contributes to the limited research on solo self-employed (SSE) workers, who strive to collectively address social and labour rights issues while preserving their autonomy. It examines a unique case within the French context, the Syndicat National des Artistes Plasticien·nes (SNAP), a trade union created in 1977 within the Confédération Générale du Travail (CGT) to represent self-employed visual artists. Through extensive ethnographic research conducted both online and offline, the study explores how SSE artists organise collectively to improve their access to social rights while protecting their autonomy, which is particularly crucial for creative workers. The findings show how SSE workers can unite to advocate for social protection while redefining the promise of professional autonomy embedded in the so-called ‘enterprise culture’. Additionally, it sheds light on an early example of SSE workers organising, which may provide useful insights for other groups of SSE workers, who are rapidly growing across Europe.

Regional Autonomy in the Context of the Unitary State of Indonesia: Evaluation of Household Systems, Measurement Parameters, and the Rationality of Decentralization

Regional autonomy in the context of the unitary state of Indonesia is a phenomenon based on constitutional foundations, especially Article 18 paragraph (1) of the 1945 Constitution. This discussion examines the regional household system, parameters for measuring regional autonomy, as well as the rationality and arguments supporting decentralization. The regional household system, consisting of material, formal and real, raises considerations regarding the granting of autonomous rights to regions. The measurement parameters involve authority quotas, supervision systems, methods for selecting regional heads, and the process of making regional regulations, but further clarification is needed. The rationality of regional autonomy includes efficiency, political education instruments, strengthening political stability, political equality, preparation for political careers, and accuracy of development planning. Arguments supporting decentralization highlight the prevention of accumulation of power, popular participation, government efficiency, adaptation to regional specificities, and direct assistance for development. Strengthening regional autonomy requires regulatory capabilities, adjustments to national regulations, local political support, financial resources, and human resource development. This research reflects efforts to understand, evaluate and strengthen regional autonomy systems to support regional development and national stability.

Body autonomy: women with disabilities and the quest for a sex life free from violence

The present paper aims to analyze the body autonomy of girls and women with disabilities and its influence on a sexual and reproductive life free from violence. Established in 1994, at the International Conference on Population and Development (or ICPD), the expression of bodily autonomy has entered the discourse of human rights advocates, activists, and experts. Other international texts point in the direction of "protecting and guaranteeing the right of all individuals to physical integrity, autonomy, and reproductive rights, and to provide access to essential services in support of these rights," such as the voluntary Nairobi Declaration (2019), the Convention on the Rights of Persons with Disabilities (2006), and the UN 2030 Agenda for Sustainable Development, which established, among its goals, the achievement of sexual and reproductive health and reproductive rights for all, reaffirming the importance of the theme for the development of a society with gender equality. With bibliographical research and statistical data, authors such as Gesser, Beauvoir, Butler Honneth, and Becker have been used to establish a dialogue about disability and its necessary intersectionalities, to understand the condition of women with disabilities within a patriarchal, sexist, ableist, and racist society that reifies and silences them, reducing their lives to the private sphere, as if they were objects. Thus, we conclude that education for bodily autonomy, through the emancipatory process of girls and women with disabilities is one of the paths to be followed for the eradication of gender violence against this vulnerable group.

Reforming Digital Trade Rules at the WTO: Clarifying E-Commerce Regulation Policy Space for Economic Inclusion

Purpose: The purpose is to critically analyze the challenges and opportunities associated with reforming digital trade rules at the WTO, in order to explore the implications of ambiguous language and propose new principles and interpretative guidance to refine the rules.
 Methodology: The methodology involves analysis of ambiguous language in existing WTO agreements and proposed e-commerce rules, examination of influence on domestic digital sector capacity, case studies of digital industrial policies and technology regulations, and a proposal for new principles and interpretative guidance.
 Findings: The key findings are that ambiguity allows powerful tech giants to contest policies, impacts nurturing of domestic digital sector capacity, and burdens emerging markets. Case studies illustrate tensions around policy space for inclusive innovation.
 Unique contribution to theory, policy and practice: The unique contributions are the proposal of new principles to refine digital trade rules, development of interpretative guidance to affirm regulatory autonomy rights, and comparison with past WTO pharmaceutical patent waivers debate to emphasize need for adaptive and inclusive regulatory frameworks. Recommendations focus on promoting economic inclusion, innovation, competitiveness, and collaborative approaches in the digital era.

Methods of interaction of Russian conservatives with society and government. The question of the status of the Grand Duchy of Finland at the beginning of the XX century

The subject of the study is the change in the methods of interaction of the Russian conservative trend with society and government structures within the framework of the anti-Finnish discourse in the early twentieth century. The author examines in detail such aspects of the topic as the return of the "Finnish question" to Russian journalism after the assassination of Alexander II by the People's Deputies and a sharp change in the internal political course of the government; the influence of right-wing monarchical organizations (especially the "Russian Assembly") on the spread of anti-Finnish sentiments in Russian society and senior government circles; the actualization of the "Finnish question" in the context of the actions of the tsarist government by incorporation of the outskirts. Special attention is paid to the transition of anti-Finlandic sentiments from the plane of public controversy on the pages of Russian magazines into the practical activities of Russian officials to limit the autonomous rights of the Grand Duchy of Finland. The main content of the research methodology is the study from the point of view of objectivity and historicism of materials giving an idea that the strengthening of anti-Finlandic sentiments among representatives of the right-wing radical spectrum of the Russian social movement, which was caused by revolutionary shifts in the life of Russia at the beginning of the twentieth century. The main conclusions of the study are: 1) disagreements over the status of the Grand Duchy of Finland became part of the ideological and practical confrontation between different social groups in Russia at the beginning of the twentieth century; 2) the vector of Russian policy regarding the autonomous rights of Finland is changing, and this problem is again becoming part of the information agenda, mainly in conservative publications. The author's special contribution to the research of the topic is to identify the reasons for the change in the nature of the discussion of the status of Finland in the context of serious changes in the Russian Empire at the beginning of the twentieth century. The novelty of the research lies in the analysis of the events of a crucial historical stage, when the activation of the revolutionary and national liberation movement caused a tendency to strengthen pro-monarchist groups seeking to counter the destructive anti-state challenges in the national issue of the idea of preserving the state.

Family carers’ experiences of care home visiting restrictions during the COVID-19 pandemic: a relational autonomy perspective

Abstract Care home residents were vulnerable to severe effects from Covid-19 infection and experienced high mortality, especially early in the pandemic. In response, many countries introduced visiting restrictions to limit transmission. These often proved extensive and prolonged, drawing fresh attention to issues of autonomy and human rights in long-term care. We conducted in-depth interviews with 27 family carers in England with relatives living in a care home during the pandemic. Adopting a relational autonomy lens, conceptualised using the capability approach, we examined how family carers considered their relatives’ capabilities to have been impacted by visiting restrictions and how relational support could be strengthened. Family carers were concerned for their relative’s fundamental capabilities, including physical health, emotional well-being, and feeling connected to significant others. Capability deprivations were associated with family separation, ‘adapted’ visits that were inappropriate for their relative’s needs, and lack of opportunity for family carers’ to provide emotional support, help staff identify their relative’s emotional and physical needs, monitor care standards or advocate for their relative. Optimising relational support during a public health emergency requires effective collaboration between care homes and family carers. Specific measures include (1) ensuring there is clarity, a sense of shared purpose, clear accountability and confidence in visiting restrictions, (2) providing family carers regular, personalised updates about their relative using a range of digital communication tools, (3) allowing choice about visiting arrangements where possible, and ensuring visits are appropriate for residents with dementia and (4) ensuring that family carers feel welcomed, involved and enabled to resume in-person visits at the earliest opportunity. Consultation with care homes, families and residents, and workforce and digital readiness should be prioritised.

National-territorial unity of the Russian state in the representations of the monarchical emigration of the 1920s

The article analyzes the views of Russian emigrants-monarchists of the 1920s on ways to ensure the unity of Russia. The positions of three main ideological groups of monarchical emigration are considered: right-wing conservative parties, left-wing liberal societies and the center. Special attention is paid to archival materials of the Reichengall Congress of Russian Emigration in 1921 . Various monarchical organizations, despite the difference in views on the future structure of the state, converged on two main ways to ensure national-territorial unity: granting individual regions the rights of national-cultural autonomy together with broad local self-government and the formation of a civil nation.