State Law Research Articles

Mutations of customary law and state law in the south of Mozambique: paths of hybridisation on gender and family matters

This paper departs from the sociolegal study about the “Norms and Practices of local populations in Conflict Resolution and Access to Law and Justice”. Specifically, we will focus the Chókwè district, in the south of Mozambique, on the social space of the family, namely the paths of hybridisation on gender and family matters, in three main topics: the norms and practices in the family social space, pointing out the tensions between customary law and state law in a context of legal pluralism; the identification and analysis of the norms and practices and the main actors involved on this conflict resolution, by drawing a map of instances and their interactions; and different paths of hybridization between customary law and state law reflected on the practices related in the fieldwork. We argue that Chókwè reflects an emergence of a new Mozambican configuration of legal pluralism in family matters – a composed Local Law.

Moments of decolonisation in Indian women’s navigations of interpersonal conflict

In India decoloniality in law has been a movement of decolonising the state law. Stepping away from the perception of decolonialising as a legislative project, this paper argues for decoloniality of law to be explored as a thought process, that lies embedded with state-society relations in postcolonial India. Against the canvas of the vividly plural legal landscape, this contribution explores how individuals juxtapose legal institutions and legal orders in different permutations and combinations in pursuit of their ideas of justice and order, unravelling a decoloniality of thought and process that rests within the unique contexts of every conflict. Drawing on ethnographic fieldwork in the city of Mumbai, women’s experiences with conflict remain at the centre of this paper to help explore the notion of decoloniality in law.

الآثار المترتبة على الخلع في مرض الموت: دراسة فقهية قانونية مقارنة

This research deals with the hypothesis of the occurrence of Khul’ in the death illness of one of the spouses, and since it is most likely permissible for a foreigner to donate to pay the compensation for Khul’ to the husband instead of his wife, the research also deals with the hypothesis that Khul’ occurs in the death illness of this foreigner who donated to pay the compensation. In the research, I conducted a comparative study between Islamic jurisprudence and personal status laws, where I addressed the position of each of them regarding the problems of the research. In this research, I have adopted the inductive approach, relying on the Holy Quran, the books of the Noble Prophetic Sunnah, the books of Islamic jurisprudence, as well as personal status laws. Through it, I have concluded that divorce in the event of a terminal illness is valid according to Sharia, whether the husband is the terminally ill patient, or the wife, or even a stranger who guarantees the compensation for divorce. As for the amount of compensation, jurists have differed on it according to whether the wife is the patient, the husband, or the stranger. As for personal status laws, most of them have been silent about all the hypotheses of the issue, relying on referring to a doctrine that is referred to when the law is devoid of a specific issue, or relying on the existence of a text that addresses the actions of the terminally ill patient in general, whether by the same law or civil law.

Indicadores de Sustentabilidade para Gestão da Água

Water safety involves the sustainable use and protection of water sources, so that water is available in adequate quantity and quality to health, livelihoods, ecosystems and production, in addition to protecting it from the negative effects of extreme weather events. Internationally, the concept of water security began being discussed in the 1990s, and more so since 2009, when the issue became the subject of a greater number of publications. In Brazil Federal Law 9433/97, which establishes the National Water Resources Policy, and corresponding state laws implicitly provide the concept of water security. However, the National Water Safety Plan was only launched in 2019, and has became the fundamental instrument for decision-making on this issue. The objective of the research was to pre-select indicators to analyze the water safety of the municipalities contemplated in the Capibaribe river watershed, within the framework of sustainable water management. To achieve the objective, the following methodology was adopted: pre-selection of indicators; application of a questionnaire to a panel of experts; structure a database. Thus, this work aims to bring subsidies that contribute to water security actions and public policies through the development of an indicator database. Additionally, this research is a proposal for future work, helping to define an equation of the water security index for the municipalities in the watershed.

Determining Whether State Policy Is in Line With Substance- and Alcohol-Related Best Practices for Domestic Violence Intervention Programs

Enhancing the effectiveness of Domestic Violence Intervention Programs (DVIPs) is necessary and may require up-to-date state-specific or national guidance. Currently, many U.S. states provide recommendations and requirements for DVIP length, content, and treatment curriculum through one or more of three types of documents: state laws, standards, and/or guidelines. However, these documents are updated irregularly and vary substantially in length, content, enforceability, and authorship expertise (i.e., legislators versus domestic violence [DV] experts and/or DV coalition members). Meanwhile, one robust yet controversial finding is that DV perpetrators with co-occurring substance use conditions have increased difficulty engaging with, sustaining attendance at, and benefiting from standard DVIP treatment (Jewell & Wormith, 2010). Yet, the degree to which state-specific DVIP documents address how perpetrator substance use is to be assessed and treated within DVIPs is understudied. To fill this gap, guiding state documents were obtained as available (n= 47 states; 94%); these were coded with excellent interrater reliability (agreement = 91%). Consistent with research advances, state documents generally encouraged DVIPs to assess perpetrator substance use at intake (n= 41). However, fewer documents directed DVIP facilitators to address the link between substance use and DV within their curriculum (n= 25). Some state documents even prohibited substance use-related messages to be incorporated into the DVIP curriculum (n= 19). Unfortunately, even fewer states’ documents recommended follow-up of the perpetrator’s substance use during DVIP participation or after a substance abuse-related referral (n= 14). Efforts to align DVIP-guiding documents with knowledge related to increasing DVIP treatment effectiveness are necessary as is determining adherence to guiding documents.

The Role of Community Traditional Institutions in Dispute Resolution in Multicultural Communities

Indonesian society is pluralistic, consisting of various ethnic groups, religions, and customs. This diversity can trigger various disputes in multicultural societies. This research aims to analyze the role of societal institutions in dispute-resolution efforts in multicultural communities. This study uses a qualitative research method with a literature study approach, focusing on societal institutions as the primary subjects, specifically their role and effectiveness in managing disputes. Data from various sources were analyzed in three stages: data reduction, presentation, and conclusion drawing. The research results show that society institutions play a significant role in resolving disputes through mechanisms such as deliberation for consensus, customs, and customary sanctions. Strengthening the role of these institutions is essential for maintaining social harmony by increasing community understanding of customary law and building synergy between customary institutions and state law.

ASPECTOS JURÍDICOS E CONSEQUÊNCAIS DA REPARTIÇÃO CONSTITUCIONAL DE COMPETÊNCIAS QUANTO A REGULAÇÃO DO TRANSPORTE AQUAVIÁRIO LONGITUDINAL NO AMAZONAS

This article addresses the legal and consequential aspects of the constitutional division of powers in regulating longitudinal waterway transport in Amazonas. The Federal Constitution of 1988 assigns the Union responsibility for operating waterway transport services that cross state borders or are located within border zones. However, regulating waterway transport within states and municipalities presents unique challenges, requiring effective coordination among federal entities. The study analyzes state norms and laws, with a focus on Law No. 5,604/2021 and State Decree No. 45,110/2022. It concludes that harmonizing regulations and fostering cooperation among regulatory agencies is essential for promoting safe, efficient, and integrated waterway transport, meeting the needs of the population, and contributing to the sustainable development of the Amazon region.

Legal Protection of Siri Wives Who Have Not Been Registered at the Dukcapil

A siri marriage is a marriage carried out in accordance with Islamic law, but not officially recorded at the Office of Religious Affairs (KUA) or other government institutions. In other words, this marriage is valid religiously, but not recognized by state law. Siri marriages that are not registered in Dukcapil place wives in a vulnerable position to legal injustice. This research aims to find out and examine the legal protection for Siri wives who have not been registered in Dukcapil. This research is a type of normative legal research. This research uses a statutory approach, this research also uses secondary and primary data so that the research results prove that it is based on law. This research shows that a form of legal protection for unregistered wives can actually be included in one family but only records that the marriage has occurred. And in the KK there will be written the statement "marriage has not been registered"

The ethical inadequacy of uninformed surrogate consent: advancing respect for persons in clinical research.

In clinical research, decision-making capacity is often equated with unspecified conceptions of autonomy, and autonomy is often equated with personhood. On this view, the loss of decision-making capacity is seen as a loss of autonomy, and the loss of autonomy subsumes a loss of personhood. An ethical concern arises at the intersection of those philosophical considerations with the legal considerations in informed consent. Because persons with inadequate decision-making capacity cannot provide legally effective consent, enrollment in research can occur only if a surrogate gives permission on the person's behalf. Federal regulations and resulting institutional policies allow permission from surrogates empowered under state law to consent to medical treatment procedures, typically in a hierarchy of legislatively prioritized relationships lacking regard for what the surrogate actually knows about the current research-related values and preferences of the potential subject. As a result, the research enterprise often countenances reliance on surrogates who have no relational or informational basis for an enrollment decision that aligns with the values and preferences of the subject. Arguing from the perspective that losing decision-making capacity does not alter the moral status of persons, and that respect for persons rather than respect for autonomy is the central ethical obligation, I assess the ethical implications of allowing persons with no knowledge of the values and preferences of the potential subject to make enrollment decisions, concluding that reliance on uninformed surrogates is not an ethically defensible approach to enrolling subjects in clinical research.

State Divorce Laws, Reproductive Care Policies, and Pregnancy-Associated Homicide Rates, 2018-2021

Barriers to divorce and reproductive health care can threaten the health and safety of pregnant and recently pregnant females. To examine state laws about divorce, reproductive health care (access to contraception, family planning services, and abortion), and pregnancy-associated homicide rates in US states over a 4-year period (2018-2021). In this cross-sectional study, bivariate tests and regressions were used to analyze crude rates of pregnancy-associated homicide from the National Violent Death Reporting System in 181 state-years for calendar years 2018 to 2021, with analyses conducted on September 8, 2024. Access to divorce while pregnant and reproductive health care over a 4-year period in the US. Primary outcomes (pregnancy-associated homicide by intimate partners vs non-intimate partners and rates among younger Black, Hispanic, and White females) were assessed using the National Violent Death Reporting System. Negative binomial regression was used to test 2 hypotheses: access to divorce while pregnant and reproductive health care are associated with pregnancy-associated homicide rates. Individual level data, including exact sample size, were not available in this study of state-level homicide rates. Negative binomial regression analysis showed that, where finalizing divorce during pregnancy is prohibited, intimate partner homicide rates (incidence rate ratio [IRR], 2.11; 95% CI, 1.09-4.08; P = .03) and rates among younger (age 10-24 years) White females (IRR, 2.39; 95% CI, 1.12-5.09; P = .02) were significantly higher. In state-years with greater access to reproductive health care, rates were significantly lower for non-intimate partner homicide (IRR, 0.92; 95% CI, 0.87-0.98; P = .01) and for younger Black females (IRR, 0.91; 95% CI, 0.87-0.96; P < .001) and younger Hispanic females (IRR, 0.87; 95% CI, 0.79-0.96; P = .007). In this cross-sectional study of pregnancy-associated homicide rates, barriers to divorce were associated with higher homicide rates and access to reproductive health care was associated with lower homicide rates. This study highlights the association between state legislation and pregnancy-associated homicide in the US, which is important information for policymakers.

Acordos estruturantes como instrumentos de indução de políticas públicas: o papel cooperativo do ministério público em prol da realização dos direitos fundamentais

This paper seeks to examine and elucidate the role of the Public Prosecutor in shaping public policies in Brazil. The primary objective is to critically assess, in the context of the Social State of Law as delineated in the 1988 Federal Constitution, the expansion of the State's obligations concerning the protection and enforcement of fundamental and civil rights. Additionally, the paper will explore the responsibilities of the judiciary in this domain. The arguments will be presented using a deductive methodology, supported by a comprehensive literature review, which considers the persistence of unmet rights. The analysis will underscore the significance of the Public Prosecutor's responsibilities in formal extrajudicial arrangements, cooperative, and democratic processes with respect to the effective implementation of fundamental rights.

Exploiting Legal Reserve Compensation as a Mechanism for Unlawful Deforestation in the Brazilian Cerrado Biome, 2012–2022

This research investigates the illegal Vegetation Suppression Authorization (VSA) for Legal Reserve Compensation (LRC) in Tocantins, Brazil, between 2012 and 2014. The VSA is a license issued by state environmental agencies that authorizes the removal or clearing of native vegetation. This infraction resulted from the state environmental agency’s mistaken interpretation of Resolution 07/2005 of the State Environmental Council and the Native Vegetation Protection Law, which operates nationally and takes precedence over state resolutions and laws. The study area focuses on eight municipalities contained in the Formoso, Pium, and Javaés river basins. The methodology examines irregular VSA-LRC cases through geospatial data analysis, multitemporal analysis using remote sensing data, and economic assessments in both the origin and destination areas of the compensatory reserve. The results showed that among the 217 VSA-LRC applications during the period, 93 had corresponding geospatial data, indicating that 57.1% of the geospatial data were missing. This discrepancy between the authorized area and the available geospatial information restricts the oversight capability of the regulatory agency. A decade-long deforestation analysis of VSA-LRCs using remote sensing data considered three phases: 2012–2014 (application and issuance of VSA-LRCs), 2015–2018 (operational issuance), and 2019–2022 (post-expiration of VSA-LRCs). The results revealed a total VSA-LRC area of 343.291 km2 (34,329.10 ha), with 229.1169 km2 (22,911.69 ha) of deforestation. Notably, 54.877 km2 (5487.70 ha) of this deforestation occurred in 2019–2022, after the VSA-LRC had expired. The analysis of the LRC origin and destination areas demonstrates a unidirectional strategy, from economically more valuable areas to less valuable ones, according to land market dynamics. Therefore, this investigation concludes the need for greater administrative transparency, the development of a reliable geospatial data system for monitoring, and policy changes and actions to enhance environmental protection.

Islamic Family Law Perspective on Marrying Pregnant Women

Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman who is pregnant outside of marriage, either married to the man who impregnated her or to the man who did not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). The Compilation of Islamic Law regulates the marriage of pregnant women in Article 53. The differences of opinion among scholars regarding the marriage of pregnant women due to adultery do not bring blessings to the community. The Compilation of Islamic Law states that children resulting from adultery legally do not have a kinship relationship with their father, even though the father formally acknowledges and legitimizes that the child is his own child. They do not have the intended relationship, be it family relationships, guardianship in marriage or inheritance issues. The child only has a bloodline relationship with his mother.

Analysis of Legal Verbiage in State Legislation for Insurer Coverage of Early Eyedrop Refills in the United States

State laws on early eyedrop refills, implemented to help patients obtain their medications when they run out early, have many inconsistencies possibly impacting their efficacy and functionality. This study sought to examine different state laws and elucidate unique features and commonalities that may influence their effectiveness. A review of all state legislation to date regarding early eyedrop refills was performed. All 50 states were included, with an in-depth review of the 33 states that had early eyedrop refill legislation. The law database Nexis Uni (formerly LexisNexis) and each state's individual law code site were used to identify relevant laws (or proposed legislation) using keywords such as "eyedrop," "eye," "refill," and "early." Political data based on the year these laws were passed was obtained from the National Governor's Association and National Conference of State Legislatures. This data was aggregated and analyzed using descriptive statistics. State law wording was analyzed for percentage of dosage period passed, days passed, and other requirements. Of the 33 states with early eyedrop refill laws, 14 were only days based, 8 were only percentage based, 4 had both, 4 had neither percentage nor days criteria, and 3 had neither but cited CMS guidelines. These laws were passed between 2009-2023, with a notable increase from 2014-2018, rising from 10 to 29 states. Regionally, the Northeast had the highest adoption rate (88%), followed by the West (77%), the South (56%), and the Midwest (50%). Political climates varied: 14 states had Republican control, 2 had Democratic control, and 17 had mixed party control. Of the 17 states without an early eyedrop refill law 4 attempted passage but were not put into law for various reasons with the other 13 not appearing to have had any attempts at law passage. State laws providing coverage for early eyedrop refills vary in terms of verbiage and requirements necessary to obtain a covered early eyedrop refill. Region, political climate, and year appear to play minor roles in early eyedrop refill verbiage and passage.

Factors associated with human papillomavirus vaccination: Determining the effect of implicit and explicit racial bias and state laws around vaccination

Factors associated with human papillomavirus vaccination: Determining the effect of implicit and explicit racial bias and state laws around vaccination

JUDICIAL ACTIVISM: A LIVING IMAGE OF LAW REFLECTED IN THE SOCIAL MIRROR

This article analyzes the instrumentalization of law for the purpose of promoting social emancipation. It hypothesizes whether the leading role attributed to the Judiciary in the Democratic State of Law at the turn of the last century to the 21st century fulfills the promises of modernity based on the theory of the social contract and driven by the Enlightenment ideals to make effective the rights of freedom and social rights of the Constitution. To this end, first, legal positivism is presented, in search of recognition of subjects and equal participation; second, the historical bases of the constitutions are established, to confirm the metamorphosis of law and the model of jurisdictional control through the main and incidental channels; and third, to show judicial activism, mapping the decisions of the Supreme Court. The conclusion is about the importance of the Judiciary in the effectiveness of positive and negative rights. The article was guided by the hypothetical-deductive method and was based on books, scientific articles, legislation and jurisprudence.

Abortion in Italy (Law n.194/1978): what role for non-objecting doctors?

Recently, talking about abortion, the Pope has spoken harshly regarding the role played by non-objecting doctors. The article discusses: 1) the ethical and health aspects that the denial of the right to terminate pregnancy entails; 2) the positive results obtained by non-objecting doctors 50 years after the implementation of Law no. 194/1978, in terms of safeguarding women's health and guaranteeing the implementation of a state law.

Parents and service providers’ perspectives about social inclusion of people with neurodevelopmental disabilities in Qatar: investigation of financial transactions and personal status laws

The current study aims to explore parents and service providers’ attitudes towards the social inclusion of people with neurodevelopmental disabilities into society, through exercising their rights in various financial transactions and personal status matters in the State of Qatar. Additionally, the study aims to explore any differences in the participants’ attitudes towards social inclusion based on their role, gender and the child’s disability type. Eighty-two service providers (46 Female) and sixty-five parents (40 Female) of children with Intellectual Disability or Autism Spectrum Disorder participated in this study. They completed the Attitudes towards social inclusion of people with disabilities (ASIPD) Scale. Findings showed that the participants believe that the Shari’ah (Islamic law) places a high premium on the social inclusion of the people with neurodevelopmental disabilities and predates various modern theories on the subject. In addition, the Islamic law permits the persons with mild neurodevelopmental disabilities to engage in many contracts in the realms of financial transactions and personal status. Parents and service providers have neutral to positive attitudes towards social inclusion of people with neurodevelopmental disabilities in terms of performing some financial transactions and some personal status rights like marriage and divorce according to severity of disability. Results were discussed and further recommendations were provided.

Analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives

This research aims to understand the analysis of Interfaith Marriage Arrangements in Islamic Family Law: Multiculturalism and Social Harmony Perspectives.Normative research is legal research that places law as a system of norms. The norm system itself is related to the principles, norms, rules of the legislation itself. The approach of examining statutory regulations aims to find out how consistent and appropriate the laws are with the legal problem or case being studied. Data collection techniques are a way of recording events or information, characteristics and all forms of information that describe the object of research. The results of research on interfaith marriages according to Islamic law as contained in the Word of Allah, Surah al-Baqarah verse 221, have confirmed that interfaith marriages are absolutely forbidden, apart from that, if you continue to carry out an interfaith marriage, many disputes will arise in the household because both partners have different opinions and beliefs. Interfaith marriage in Indonesia is a reality that continues to occur even though state law and religious law expressly prohibit it. In fact, if you look closely, Law no. 39 of 1999 concerning Human Rights in Indonesia does not explicitly regulate interfaith marriages. On the issue of more detailed marriage regulations, including the issue of interfaith marriages, Human Rights still returns it to the applicable laws and regulations, which in this case the Marriage Law in Indonesia is Law no. 1 in 1974.

PUBLIC POLICIES OF THE STATE OF SANTA CATARINA FOR REGULATING THE PEDAGOGICAL TECHNICAL ASSISTANT

This text aims to analyze the public policies of the state of Santa Catarina that regulate the duties of the Technical Pedagogical Assistant - ATP, a professional position assigned to educational institutions and various agencies responsible for education at the state level, in order to identify the conception and expected contribution of this professional position to the quality of education. The research highlighted theoretical aspects of the conception of public policies, including the identification of the main policies in the Constitution, in the Law of Guidelines and Bases of Education - LDB and State Law No. 1,139/1992. This is a bibliographical research that was based on the classical theoretical aspect and on legislation, enabling the conclusions that are in the sense that the creation of a technical position of pedagogical assistant with clear and objective duties makes the organizational structure of education solid, strengthened and that streamlines the pedagogical process by ensuring technical and management support in the educational routine for efficiency in educational practice, enabling the overcoming of the challenges of contemporary education.