Statutory Obligations Research Articles

Liability of Hospitals for Negligent Health Services as a Tort

Aim: The aim of this research is to examine the legal responsibility of hospitals and health workers in cases of errors or negligence in health services, as stipulated in Indonesian Law Number 36 of 2009 concerning Health. The study focuses on understanding the legal frameworks and practices related to compensation claims by patients, particularly addressing the power imbalance between hospitals and patients in Indonesia, where patients often accept and surrender to healthcare efforts without asserting their rights. Method: This research has empirical juridical research specifications, namely research that in addition to describing certain circumstances, objects, or events, conclusions will be drawn from the object of the problem associated with legal theories and positive legal practices concerning the problem. This research was analyzed using a qualitative descriptive analysis method. Result: The findings indicate that legal liability for errors or negligence in health services is shared between hospitals and individual health workers. Hospitals, as healthcare facility providers, do not absolve health workers from their personal legal responsibilities. According to Article 1365 of the Civil Code, health workers who commit negligence that causes harm to patients are obligated to compensate for the loss. Civil claims for compensation can be filed under two concepts: (a) compensation for default, and (b) compensation for statutory obligations, including tort. However, the Civil Code does not specify the exact amount of compensation, leaving it to the judge's discretion based on Articles 1371 and 1372 of the Civil Code and considerations of justice.

Negotiating between national and local policy on participation: local authority arts offices in Ireland

ABSTRACT Focusing on the participation agenda, this paper explores the definitions, negotiations and implementation of cultural policy at the intersection of national policy aims and local level strategy. Recognised as partners with national cultural policy bodies and holding statutory obligation for the arts within a highly centralised system, Irish local authority arts offices offer unique opportunity for exploring the intersection of a national policy agenda with local implementation. Drawing from thematic analysis of interviews with arts officers and of the arts plans for their associated areas, this examination reveals a complex and diverse interpretation of participation within top-down national cultural policy that is defined in practice at local level through the local authority context and the agency of arts officers. While this agency provides opportunities to ensure situated policy relevance, opportunity for reflection and shared learning is required to support strategic thinking. The paper deepens our understanding of the relationships between policy actors and actions, seeking to promote a stronger learning culture between these agents. The analysis advances the emerging literature about policy as situated practice by raising broader questions regarding national – local policy making models.

A European right to end-to-end encryption?

In Podchasov v Russia, the European Court of Human Rights unanimously held that a Russian statutory obligation on ‘internet communications organisers’ to provide information to state authorities that allowed for the decryption of encrypted communications was a disproportionate interference with Article 8 because the available technical means of decryption risked weakening the security of communications for all users of the service. This is significant as authorities in the UK and EU may seek to implement similar statutory obligations on communications service providers.

Towards breaking linguistic imperialism in teaching and learning in South African universities: A decolonial perspective

The elevation of English as the primary language of teaching and learning in South African higher education institutions defies the South African constitutional and other statutory obligations and their aspirations to promote the development of African languages as intellectual languages for teaching, learning and research. Thus, English hegemony must be teased out as part of the decolonial agenda that seeks to introduce pedagogical practices which break the coloniality of language and linguistic barriers to epistemic access to higher education. This conceptual paper problematised linguistic imperialism in South African universities and the hegemony of English over African languages. It employed decolonial tools to theorise the challenges and opportunities to negotiating a multilingual, Afrocentric approach to a democratised pedagogy in South African higher education. It concludes that deep introspection and complicated conversations are required on the intersectionality of decolonisation, multilingual pedagogical practices, and the English hegemony, which, in turn could map some way forward for the transformation of the self as a stakeholder, and the system at large as transformative tools. This, if consistently adhered to, could promote epistemic access in the teaching and learning of students, especially those who use English as an additional language in the predominantly English medium policy driven higher education contexts.

Combined effect of climate change and labor relation on optimally managing labor productivity under uncertainty

Heat stress amplified by climate change causes excessive reductions in labor capacity, work injuries, and socio-economic losses. Yet studies of corresponding impact assessments and adaptation developments are insufficient and incapable of effectively dealing with uncertain information. This gap is caused by the inability to resolve complex channels involving climate change, labor relations, and labor productivity. In this paper, an optimization-based productivity restoration modeling framework is developed to bridge the gap and support decision-makers in making informed adaptation plans. The framework integrates a multiple-climate-model ensemble, an empirical relationship between heat stress and labor capacity, and an inexact system costs model to investigate underlying uncertainties associated with climate and management systems. Optimal and reliable decision alternatives can be obtained by communicating uncertain information into the optimization processes and resolving multiple channels. Results show that the increased heat stress will lead to a potential reduction in labor productivity in China. By solving the objective function of the framework, total system costs to restore the reduction are estimated to be up to 248,700 million dollars under a Representative Concentration Pathway of 2.6 (RCP2.6) and 697,073 million dollars under RCP8.5 for standard employment, while less costs found for non-standard employment. However, non-standard employment tends to restore productivity reduction with the minimum system cost by implementing active measures rather than passive measures due to the low labor costs resulting from ambiguities among employment statuses. The situation could result in more heat-related work injuries because employers in non-standard employment can avoid the obligation of providing a safe working environment. Urgent actions are needed to uphold labor productivity with climate change, especially to ensure that employers from non-standard employment fulfill their statutory obligations.

Bäckerasthma in Zeiten gesetzlicher Änderungen und der neuen S2k-Leitlinie „Fachärztliche Diagnostik und Therapie von Asthma“

Baker‘s asthma in times of legal changes and the new S2k guideline “Specialist diagnosis and treatment of asthma With the abolition of the statutory obligation to refrain from BK 4301, the recognition figures for this BK have increased significantly. The main representative is baker’s asthma, the treatment of which follows the revised step-by-step scheme of the new S2k asthma guideline. The effectiveness of the task has been proven for the prevention of the disease; however, there is a lack of evidence for the effectiveness of individual preventive measures. The “Asthma LINDern” research project aims to help close these gaps.

EVALUATION OF MAINTENANCE EFFECTIVENESS AND HUMAN FACTORS: CASE STUDY OF A RESEARCH INSTITUTE

Maintenance management is an integral part of any organization’s overall commercial process that develops administrative operational value. Thus, the maintenance function is of immense importance to ensure the safety and effective operation of a facility and equipment in compliance with a statutory obligation, to maximize equipment life, and to reduce the risk of failure. However, for maintenance success work planning, the perception of human factors, and the interrelation of workers and groups in any organisation must be understood. This in turn would determine the allocation of maintenance tasks to team members. This research focused on the evaluation of key performance indicators in relation to the maintenance effectiveness of selected equipment, in a research institution. The impact of human factors on the maintenance was also investigated. Key performance indicators such as Mean Time to Repair (MTTR), Mean Time Between Failure (MTBF), downtime, repair time, and availability were used to quantitatively evaluate the maintenance effectiveness of the equipment, while the systematic approach to empirical research was used to analyse the effect of human factors on maintenance practices. This study was carried out over a period of 6 months on a 4-tonne hydraulic lift, hydraulic hoist jack lift, tire changing machine, fault diagnostic machine, and computerized alignment gauge. Data collected from the maintenance unit was analysed. A total of 11.92 hours was recorded as the MTTR of the five machines. The machines had a high level of availability and a total downtime of 12.01 hours out of operational time of 2369.8 hours over a period of 6 months. The level of motivation and competence among maintenance personnel was assessed to be very good. This is expected to have contributed largely to the effective maintenance practices of workers in the unit. From this study, it can be deduced that the level of motivation and competence is high among maintenance personnel. In terms of productivity, effectiveness, teamwork, decision-making, execution, safety, and responsiveness, the human factor has been shown to have thrived well. This in turn, stimulated the corresponding increase in the availability of machines over the 6 months- of study.

보험약관 설명의무 관련 법제 현황 및 개선방안 - 약관규제법상 편입통제를 중심으로

The legislation concerning the duty to explain insurance terms and conditions has undergone significant refinement through various stages: the enactment of the Act on Regulation of Terms and Conditions in 1986, the amendment of the Commercial Act in 1991, the global financial crisis in 2008, the amendment of the Insurance Business Act in 2010, and the enactment of the Financial Consumer Protection Act in 2020. Currently, violations of the duty to explain are subject to multiple regulatory layers, including the control of incorporation under the Act on Regulation of Terms and Conditions, contract termination, indemnification for damages, administrative sanctions under the Financial Consumer Protection Act, and contract cancellation under the Commercial Act. The duty to explain aims to resolve information asymmetry and ensure the substantial autonomy and initiative of consumers in contract formation. However, detailed discussions are required regarding its rationale and requirements. The rationale for the duty to explain has been examined from the perspectives of contract law, tort law, and insurance law. Specific requirements may include information requirements (importance and asymmetry of information), obligor requirements (expertise and bargaining power of the obligor), and relational requirements (conflicts of interest and potential for abuse). These could serve as preliminary standards in legislative policy-making and judicial decisions related to the duty to explain. The control of incorporation under the Act on Regulation of Terms and Conditions is one of the most stringent measures for regulating violations of the duty to explain. However, when applied to statutory obligations, such as the duty of disclosure included in the terms and conditions, it results in issues where the applicability of statutory obligations differs based on whether they were explained. For standard terms in mandatory insurance like auto insurance, it is inequitable for the content to vary among customers based on whether explanations were given. Furthermore, excluding only disadvantageous clauses from the contract by applying incorporation control and thereby providing benefits that customers could not have obtained at the time of contract formation is also unfair. These problems arise from the application of incorporation control to violations of the duty to explain. Therefore, it is necessary to consider excluding or limiting the scope of incorporation control for violations of the duty to explain insurance terms. Discussions on the duty to explain have traditionally focused on consumer protection. Moving forward, there needs to be comprehensive consideration of consumer protection, the rationality of regulation, the principles of insurance, and equity in discussions on policy improvement.

Edukacja w zakresie ochrony zwierząt (uwarunkowania prawne)

The article is of a scientific research nature, and its main aim is to analyse the legislation providing for obligations for the dissemination of knowledge on animal protection, as well as to evaluate them and formulate optimisation postulates. The formal-dogmatic analysis of the regulations in force in the Polish legal order has been preceded by findings on how this issue is regulated in international and EU laws. This is mainly supported by the fact that formal education has a huge role to play in animal protection. Unfortunately, this issue has been marginalised in all legal orders discussed in this text. All in all, the normative arrangements adopted must be assessed as very insufficient, in particular as regards the fulfilment of the statutory obligation to take account of animal protection issues in the general education core curriculum. Moreover, this issue is very rarely subject to an in-depth scientific analysis. Therefore, the dissemination of previously unpublished research results will help develop better legislative solutions and raise public awareness about the protection of animals, which is one of the conditions for further civilizational progress.

Optimization of battery/ultra‐capacitor hybrid energy storage system for frequency response support in low‐inertia microgrid

AbstractModern power system networks are under statutory obligations to integrate renewable energy sources (RES). The primary reason is to meet ever‐increasing energy demand and also to curtail environmental pollution by greenhouse gases. However, the higher penetration of RES has the tendency of reducing inertia of overall power system network. Consequently, frequency stability is affected and deviates beyond allowable permissible limits leading to power blackouts, load shedding, and even total system failure. To address the issues associated with reduced inertia, an optimal control of hybrid energy storage system (HESS) has been proposed. HESS is basically a combination of battery and ultracapacitor, where ultracapacitor addresses rapidly varying power component by mimicking inertia while the battery compensates long‐term power variations. Thus, the HESS is effectively controlled to compensate the loss of inertia by regulating its energy flow. For the purpose of improved efficiency and better power management of the HESS, an improvised particle swarm optimization (MPSO)‐based virtual inertia control design has been proposed. The proposed MPSO is utilized to tune the gains of bidirectional dc–dc converter in such a way that improves frequency nadir with faster response to transient disturbances. This proposed method is simulated in MATLAB and its merits are validated in real time using hardware in loop. On analysing of the results, it can be observed that frequency nadir is improved by 48.96% with significant reduction in rate of change of frequency in comparison to conventional particle swarm optimization.

An empirical investigation on the use of building handover information and its quality requirements for commercial building management

Purpose Global building failures, such as the Grenfell Tower fire in London, UK, emphasised the need for trustworthy building handover information for safety. However, a notable gap remains in understanding how reliable handover information can ensure the safety of occupants. This study aims to investigate the use and essential quality of handover information to understand the effects of the quality of information on the management of commercial buildings. Design/methodology/approach Ninety-four participants from nine organisations who regularly use handover information to manage multiple commercial buildings participated in the semi-structured interviews. Qualitative thematic coding using interview transcripts was performed to identify the utilisation of handover information and its quality requirements. Findings This study reveals that as-built drawings and product information are predominately used to fulfil statutory obligations, comply with the organisation’s internal policies, evaluate asset valuation and make informed decisions about capital investment and operating expenses. The quality dimensions of “accuracy”, “timeliness”, and “completeness” are preferred in combination to achieve desired outcomes. Research limitations/implications This study focused on using handover information in the management of commercial buildings. However, its results can offer valuable perspectives for improving its application across various sectors in the built environment. Practical implications The findings affirm the need for quality handover information for safety, compliance and efficient management in commercial buildings. Originality/value This research significantly contributes to the current knowledge of handover information in the building sector. Given the study findings, building owners are equipped to define specific handover information requirements and quality requisites.

CIVIL LIABILITY OF SELF-GOVERNMENT BODIES

This article provides a comprehensive exploration of civil liability within self-government bodies, examining the legal framework, sources of liability, and strategies for accountability and risk mitigation. Self-government bodies wield significant power in shaping local affairs and services, yet they face complex challenges in navigating the balance between autonomy and accountability. The concept of sovereign immunity, historical precedent, and evolving legal standards shape the landscape of civil liability, with implications for transparency, trust, and effective governance. Key sources of liability include tort claims, constitutional violations, and statutory obligations, posing financial and reputational risks for government entities.

Availability restrictions and mandatory precommitment in land-based gambling: effects on online substitutes and total consumption in longitudinal sales data

BackgroundGambling causes important harms in societies. According to the public health approach, the most effective policies to reduce harms target full populations. Availability restrictions and mandatory precommitment are among the most effective measures. However, restrictions on the availability of some gambling products or channels may also be offset by increased consumption in other products. Substitution effects can have negative public health impacts due to differing harm potential across different gambling products. This paper uses longitudinal sales data (2019–2022) from the Finnish gambling monopoly Veikkaus. During the observation period, the availability of gambling was restricted in Finland due to subsequent waves of Covid-19-related restrictions. In addition, the gambling monopoly introduced mandatory precommitment to land-based EGMs. We focus on how these restrictive policy changes impacted the total consumption of gambling and possible substitution effects.MethodsThe Finnish gambling monopoly provided weekly theoretical loss data per gambling product category and gambling channel (online, land-based) for the period of January 2019 – July 2022 based on a statutory obligation. We analysed the effects of availability restrictions and other public health measures on the consumption of different products using descriptive time series and regression analyses. We compared the sale of land-based products to online equivalents at product category level and included main policy change periods in the models.ResultsTotal consumption of gambling declined during 2019–2022 mainly due to reduced land-based electronic gambling machine (EGM) consumption. Declines in land-based EGM sales were not offset by online alternatives or other close substitutes in the long term. However, during the first wave of Covid-19, there was an observable substitution of land-based table games by online alternatives and land-based horse betting and possibly sports betting by online horse betting. Overall, the results also show that Covid-19 functioned as a boost to an already existing trend of increasing digitalisation of gambling.ConclusionsThe study provides empirical support for the effectiveness of public health-oriented policies in reducing the total consumption of gambling. Availability restrictions and mandatory precommitment are therefore likely to also reduce the burden of harms of gambling to individuals and societies.

The “School Meals Market” in Hungary — Typical Characteristics of Demand and Supply

AbstractThe present study examines the Hungarian practice of public catering for children from an economic perspective, bearing in mind that the production and consumption of food is, at the same time, an economic activity. Taking this approach, we focus on which institutions contribute to or hinder efficiency, by which we mean the efforts of economic agents to generate maximum welfare from the available (meager) resources. For social reasons, the supply of public catering for children is a statutory obligation on the part of local authorities, where efficiency must be combined with social considerations. The study reviews the rationing mechanism of school meals catering as a public service, looking first at the main factors determining the level of demand for public catering for children, and then at the main factors that influence supply.

The Role of Packaging in Sustainable Omnichannel Returns—The Perspective of Young Consumers in Poland

The e-commerce market is continuously expanding; thus, many businesses are implementing their own omnichannel strategies. Many stores offer very liberal return policies that exceed statutory obligations to boost their revenue. Consumers are becoming used to new return opportunities, which leads to an increased percentage of returned orders. As a result, the sustainability of the delivery process of purchases made through omnichannel is jeopardized. The aim of this work was to assess the attitude of young consumers towards packaging in omnichannel returns. This study involved 446 young consumers (aged 18–25) and focused on delivery and return processes with emphasis on the packaging. It was found that the most common method of delivery is through parcel lockers (49%), although consumers usually have the possibility to choose from at least three different delivery options (77%). The product is shipped in a box in two out of every three cases, while filling of the package is below 80% in half of them. Consumers also prefer to return their goods in parcel lockers (45%), but they often cross channels and use different return options (to the way it was delivered). Consumers want to return their products in the same packaging, but this is usually only possible when the package is delivered in a box. Young consumers are pragmatic with their deliveries and returns, but environmental aspects are also very important to them.

An educational response to the “Prevent duty” in England and Wales

ABSTRACT In 2015, the UK government was the first to introduce a statutory obligation, also known as the “Prevent duty”, on all education institutions, including Higher and Further Education, universities and colleges, in England and Wales, to prevent people from being drawn into terrorism. The duty, promoted by the UK Home Office as another safeguarding measure, acted as an extension to the UK’s Prevent Strategy (CONTEST), first published in 2006. The duty in schools came under scrutiny as national security measures of surveillance and reporting conflict with what education stands for, that is, a space for social, intellectual growth and the formation of one’s identity. There is little literature examining how secondary school teachers attempt to prevent radicalisation through teaching practices. To fill this gap, interviews were carried out with 13 secondary school teachers, teaching different subjects at Key Stage 3/4 in England to investigate their views on what informs their choice of pedagogical methods to prevent radicalisation and how they engage with the curriculum to enact the duty. To contrast teachers’ views, 14 Prevent Practitioners in England were interviewed to examine whether correct interpretation and implementation of the Prevent duty was taking place. Findings show that whilst the duty’s main objective in schools is for teachers to signal and report potential radicalised students, teachers feel that Prevent policy and training requires strengthening to equip them with a sound knowledge of what violent radicalisation entails, and pedagogical tools to help them prevent radicalisation through educational teaching practices and their subject curriculum.

Relational pedagogy in social care education: a model for relational justice

ABSTRACT Driven by a statutory obligation to protect the public, within the context of historical failings and institutional abuse, a process of professional regulation is transforming the profession of Social Care Work [SCW] in Ireland. Statutory registration requires Social Care Workers [SCWs] to demonstrate threshold-level proficiency standards, a challenge that has enlivened debates about theory, pedagogy, and practice. Although proficiency requirements are primarily instrumental and technical, focussing on case and risk-management, social justice is now central to the definition of SCW. However, there has been very little debate about what this entails for theory and practice and critical perspectives are marginal. In response, the value-based model of Relational Pedagogy, based on an ethic of care and relational justice , is proposed as a counterweight to the proficiency perspective by nurturing four inter-related sets of practices within social care education: (i) caring practices; (ii) critical practices; (iii); creative practices, and (iv) emancipatory practices.

The Role of Property Tax in Municipal Budget

Tax revenues of municipalities can be divided into shared and entrusted (own, local) taxes in the Czech Republic. There are several local taxes sensu lato, the most important of which is the immovable property tax. This article is set to evaluate its role in the Czech municipal budgets, predominantly by way of comparing the economic data concerning the revenues of local selfgovernment units in OECD countries. From a legal perspective, the text describes and critically analyzes the legal regulation of the Czech immovable property tax and specifically points out municipalities’ potential to influence their revenue with regard to political debates and recent changes in legal regulation. In the discussion part, the challenges connected with the changes in the legal regulation of the immovable property tax and changes in the budget determination of taxes are defined, and the impacts of these changes are analyzed in details. The authors argue that the role of the property tax is negligible and municipalities must rely on sources of funding other than local taxes to meet their statutory obligations.

Strengthening Supply Chain Visibility With Blockchain: A PRISMA-Based Review

Over the last 5 years, research into the use of blockchain technology in supply chains (SCs) has increased significantly. This is because many firms are faced with the necessity of enhancing SC visibility not just to fulfill statutory obligations, but also to streamline operations, assure the quality of deliverables, and ensure the sustainability of activities. This review article provides a summary of all scientific work published since 2016, with a special emphasis on the business management & accounting and decision science domains, in order to better comprehend the constantly rising knowledge clusters linked with this topic. The prominent contributors and knowledge clusters were identified using suitable bibliometric algorithms on a review corpus of 308 articles extracted from the SCOPUS database. There are five identified knowledge clusters: 1) blockchain for food SC transparency, 2) distributed ledger for sustainable SCs, 3) traceability systems using smart contracts, 4) internet of things for logistics, and 5) the emergence of Ethereum and hyperledger in SCs. This scholarly assessment, in conjunction with PageRank analysis and content mining, assisted in identifying research articles that are prominent in each cluster, which in turn helped in formulating future research avenues for aspiring researchers.

Meeting The Information Needs of Refugees from Ukraine In Light of The Results of The Pilot Study

In conducting their research, the authors used quantitative and qualitative methods. They reached out to Ukrainian citizens, whom they invited to a survey prepared in Ukrainian. The aim of the survey was to determine how the respondents obtain the information they need to function in a country that is “foreign” to them, and how they evaluate it in the context of the new, difficult life situation in which they found themselves as a result of Russia’s aggression against Ukraine. The article also analyzed the statutory obligations imposed on local government units that experienced an unprecedented influx of refugees on this scale, and which dealt with this phenomenon by starting with the organization of a system for informing newcomers about the forms of support possible for them. The authors of the article, assumed that an efficient and effective process of informing refugees arriving in Poland is one of the pillars of managing the migration process and ensuring an acceptable level of security for Ukrainian citizens, as well as Polish citizens. Analyzing the results of the survey, an attempt was made to illustrate the actions of public administration bodies in Poland in the face of the migration crisis and the possibilities of integrating newcomers into the host society. This issue is extremely important in the context of contemporary development challenges, including migration processes, identified in the country’s strategic documents, which may turn into crises caused by such causes as war, famine, climate change, among others, and recur in the coming years.