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The Republic of Kazakhstan is developing a nonprofit sector, albeit slowly. It still suffers from the experience of 70 years of Communism but is now moving forward with development. This survey reviews the history, evolution, scope, and currency with a focus on the legal underpinnings of the nonprofit sector in Kazakhstan. In addition to discussing the traditions and cultures affecting development, the survey mainly concentrates on the legal and legislative obstacles that discourage rather than encourage more rapid development of the third sector in this Central Asian state.
Chapter 4 draws on both existing research and semi-structured interviews with people with visible differences to explain what we know about the human experience – both psychological and social – of having a disfigurement. For instance, are particular types of disfigurement more vulnerable to discrimination than others? Are certain life contexts impacted more acutely? Are coping mechanisms commonly used? It considers the link between physical appearance and perceived personality traits. And it challenges common assumptions – like the idea that more severe disfigurements are always worse to live with (an erroneous assumption which lives on undaunted in the law). Despite methodological difficulties in researching such a dynamic and underexplored area, this chapter identifies significant disadvantages in looking different. With this in mind, this chapter probes how people with lived experience of visible difference understand their experiences and relate them to the law. Exploring the legal consciousness of this group of people provides a partial insight into the low numbers of claims brought under the relevant part of equality law. It interrogates the gulf between what the law says on paper and how it works in real life, revealing tensions and mixed messages which undermine law’s potential for effectiveness.
Amputation as a life-saving measure for earthquake-trapped patients is supported by WHO and INSARAG guidelines. However, implementing these guidelines in highly stressful contexts can complicate decision-making. This report presents a case of life-saving amputation during the 2023 Turkey earthquake, adhering to recommended guidelines. The 16-year-old patient was trapped for 55 hours in a narrow corridor. Extensive interdisciplinary discussions led to the decision for a field amputation after alternative rescue attempts failed. Consent was obtained from the family, given the patient’s delirium. Meticulous planning and anesthesia using midazolam and ketamine ensured successful amputation with minimal blood loss. Challenges encountered during the disaster response were discussed. Delays in administering antibiotics, a lack of cervical protection, ethical dilemmas, psychological concerns, and legal implications were highlighted. Continued improvement and addressing ethical, legal, and psychological aspects are essential for optimal disaster response outcomes.
In the United States, all 50 states and the District of Columbia have Good Samaritan Laws (GSLs). Designed to encourage bystanders to aid at the scene of an emergency, GSLs generally limit the risk of civil tort liability if the care is rendered in good faith. Nation-wide, a leading cause of preventable death is uncontrolled external hemorrhage. Public bleeding control initiatives aim to train the public to recognize life-threatening external bleeding, perform life-sustaining interventions (including direct pressure, tourniquet application, and wound packing), and to promote access to bleeding control equipment to ensure a rapid response from bystanders.
Methods:
This study sought to identify the GSLs in each state and the District of Columbia to identify what type of responder is covered by the law (eg, all laypersons, only trained individuals, or only licensed health care providers) and if bleeding control is explicitly included or excluded in their Good Samaritan coverage.
Results:
Good Samaritan Laws providing civil liability qualified immunity were identified in all 50 states and the District of Columbia. One state, Oklahoma, specifically includes bleeding control in its GSLs. Six states – Connecticut, Illinois, Kansas, Kentucky, Michigan, and Missouri – have laws that define those covered under Good Samaritan immunity, generally limiting protection to individuals trained in a standard first aid or resuscitation course or health care clinicians. No state explicitly excludes bleeding control from their GSLs, and one state expressly includes it.
Conclusion:
Nation-wide across the United States, most states have broad bystander coverage within GSLs for emergency medical conditions of all types, including bleeding emergencies, and no state explicitly excludes bleeding control interventions. Some states restrict coverage to those health care personnel or bystanders who have completed a specific training program. Opportunity exists for additional research into those states whose GSLs may not be inclusive of bleeding control interventions.
This study sought to establish the elements that constitute comprehensive legal and regulatory landscape for successful digital identity system establishment and implementation. Subsequently, the study sought to assess whether these elements were present in the establishment and implementation of the National Integrated Identity Management System (NIIMS) in Kenya. The study adopted a qualitative approach, data was obtained firstly, through literature review that provided background information to the study. Secondly, semi structured interviews were undertaken on purposively selected key informants. The study established that the elements that constitute a robust legal and regulatory framework for digital identity (ID) establishment and implementation include presence of a constitutional provision on the right to privacy; existence of a digital ID law governing the establishment of the system; amendment of laws relating to the registration of persons; existence of a data protection law; existence of an overarching law governing the digital economy among others. Largely, most of these elements were present in Kenya. However, the legislative approach adopted in crafting digital ID law in Kenya was wanting. This has undermined effective implementation of the NIIM system by among other things eroding public confidence in the system. The study concluded that effective operation of the system hinged on the existence of a robust and comprehensive legal and regulatory framework that will engender users’ trust in the system. In this regard, the study recommended review of the existing legal framework to ensure that it underpins both the foundational and functional aspects of the NIIM system.
In 2022, the Camden Coalition Medical-Legal Partnership began providing civil and criminal legal services to substance use disorder patients at Cooper University Health Care’s Center for Healing. This paper discusses early findings from the program’s first year on the efficacy of the provision of criminal-legal representation, which is uncommon among MLPs and critical for this patient population. The paper concludes with takeaways for other programs providing legal services in an addiction medicine setting.
Between the no-fault divorce revolution and various court rulings classifying sexual behavior between two adults as a private, intimate matter, some scholars have noted a shift away from traditional morality around sex in conjugal, cohabiting, and dating relationships in family law. The act of sex in a romantic relationship is often perceived as one’s complete liberty without bounds. Many underrate the legal consequences attached to their sexual behavior. However, sex is still the defining consideration that creates legal recognition of a romantic relationship between two people. It creates legal duties to each other and any minor involved in the partnership, irrespective of biological ties, in a relational parentage era. Past and recent court rulings, including rulings from nonmarital, intimate partner violence, and parentage cases, are provided as examples to recount the legal meaning of the act of sex.
This chapter demonstrates how Ibadis, whether merchants or scholars, participated in the everyday legal life of Ottoman Cairo by using its shariah courts. It does so by focusing on two Ibadis living in seventeenth-century Cairo: a merchant named ʿAbd al-ʿAzīz al-Baḥḥār and a scholar named Muḥammad Abī Sitta. The variety of ways in which both men used the court system demonstrates its importance to Ibadi merchants and scholars in the Ottoman period. The chapter’s overarching theme is how Ibadis used the legal tools of Ottoman Cairo, waqf property, and inheritance courts to navigate their everyday lives.
Chapter 3 considers the making into ‘migrants’ of those who moved and asks what it meant for their kinship relations. It looks at processes of migrant-making through encounters at three different scales: nationally (with the British state), locally (with their neighbours, strangers, and other Christians), and transnationally (with their kin), arguing that migration compressed these two historical generations into one ‘migrant’ generation. At the same time, I show how migrants participated in these processes, particularly vis-à-vis their kin and, in doing so, fuelled the latter’s expectations of economic and other support. Central to the discussion are the ways in which the imaginings of migrant and non-migrant kin diverged post-migration, creating friction transnationally. Christianity also features prominently in this chapter, as migrants sought to make sense of their dashed expectations, while seeking means to pursue their aspirations and cultivate a sense of belonging.
Animal protection laws exist at federal, provincial and municipal levels in Canada, with enforcement agencies relying largely upon citizens to report concerns. Existing research about animal protection law focuses on general approaches to enforcement and how legal terms function in the courts, but the actual work processes of animal law enforcement have received little study. We used institutional ethnography to explore the everyday work of Call Centre operators and Animal Protection Officers, and we map how this work is organised by laws and institutional polices. When receiving and responding to calls staff try to identify evidence of animal ‘distress’ as legally defined, because various interventions (writing orders, seizing animals) then become possible. However, many cases, such as animals living in deprived or isolated situations, fall short of constituting ‘distress’ and the legally mandated interventions cannot be used. Officers are also constrained by privacy and property law and by the need to record attempts to secure compliance in order to justify further action including obtaining search warrants. As a result, beneficial intervention can be delayed or prevented. Officers sometimes work strategically to advocate for animals when the available legal tools cannot resolve problems. Recommendations arising from this research include expanding the legal definition of ‘distress’ to better fit animals’ needs, developing ways for officers to intervene in a broader range of situations, and more ethnographic research on enforcement work in jurisdictions with different legal systems to better understand how animal protection work is organised and constrained by laws and policies.
Family building is seldom a straight-line march to the finish, even for those fortunate individuals who avoid a detour into the ethical and legal minefield of assisted reproductive technology (ART). Importantly, intended parents and their third-party helpers often lack fundamental information about the parties’ status to any child created – who is a parent, what rights the respective parties possess, and how those rights are protected. Unless appropriately addressed, these issues may contribute to misunderstandings, misperceptions, and confusion, all of which may be laid at the feet of the fertility counselor. In order to practice preemptive crisis management, fertility counselors must recognize risky situations, analyze them with a critical eye, practice within the parameters of competence, ethics, and legal sound stricture, and apply best practice principles. Collaboration with qualified legal practitioners who understand third-party reproduction law is essential to that end.
Research and clinical expertise have emphasized the mental health needs of parents and caregivers of medically complex children. Evidence-based interventions are available for adult mental health, including those designed specifically for caregivers caring for children with a variety of health-care needs. This paper describes practical and legal considerations of 3 possible pathways for psychologists to address the needs of caregivers within pediatric hospital settings.
Methods
Literature regarding the mental health needs of caregivers of children with medical conditions, evidence-based interventions, and pediatric subspecialty psychosocial guidelines was reviewed. Relevant legal and ethical obligations for psychologists were also summarized.
Results
The mental health needs of caregivers of medically complex children are often high, yet programmatic, institutional, legal, and ethical barriers can limit access to appropriate care.
Significance of the results
Integration of screening and treatment of caregivers’ mental health within the pediatric hospital setting is one pathway to addressing caregivers’ needs. The development of programs for caregiver mental health screening and treatment within pediatric hospital settings will enhance the well-being of children and families and reduce legal and ethical risks for pediatric psychologists. Consultation with institutional compliance, legal/risk, and medical records departments and the creation of electronic medical records for the caregiver may be useful and practical opportunities for integration.
Borderline personality disorder is characterized by a pattern in which instability in interpersonal relationships, self-image and affections prevails, and intense impulsivity present in the early stages of adulthood and with altered functionality in several contexts.
Objectives
Establish what functions may be altered in crisis situations in borderline personality disorder.
Point out what legal tools we have available in situations in which the will is altered in borderline personality disorder.
Reflect on borderline personality disorder and its relationship with substance use.
Methods
Regarding a clinical case with a 25-year-old patient with a diagnosis of Borderline Personality Disorder and a history of use in a pattern of dependence (opioids, cannabis, cocaine) who is admitted to a hospital for diagnostic and therapeutic procedures secondary to pathology to which it is denied, determining the absence of the capacity to give consent. A systematic review of the existing bibliography on borderline personality disorder, substance use disorder and decision-making capacity has been carried out using as key words: borderline personality disorder decision-making capacity.
Results
The presence of anxious symptoms, affective instability, feelings of emptiness and hopelessness as well as impulsivity can give rise to scenarios in which the decision-making capacity is impaired, being necessary to resort to legal means that allow us to prioritize the well-being of the patient.
Conclusions
The decision-making capacity can be altered in crisis situations in borderline personality disorder, having legal tools at hand that allow us to carry out actions to preserve the physical state of patients.
Britten and Pears regarded their relationship as a ‘marriage’ and described it as such as early as 1943. Although comfortable with using this term privately, they were aware of the legal prohibition and social stigma that prevented them from proclaiming their partnership openly. And yet throughout their nearly forty years together they made no immediate secret among their circle of friends and relatives about living their lives as a couple. As this essay suggests, theirs was a special case, in that they lived their relationship with relative openness among those who knew them. Works such as the Michelangelo Sonnets and Canticle I were a declaration of sorts about the nature of their relationship, although it was not until after the composer’s death that Pears commented overtly in an interview about their love for one another. A decade after the decriminalisation of homosexual acts in the UK, and with social discussion on homosexuality widening, Pears believed that his and Britten’s marriage need no longer be regarded as a secret.
Eating disorders have the highest mortality rate of any psychiatric condition. Since the COVID-19 pandemic, the number of patients who have required medical stabilisation on paediatric wards has increased significantly. Likewise, the number of patients who have required medical stabilisation against their will as a lifesaving intervention has increased. This paper highlights a fictional case study aiming to explore the legal, ethical and practical considerations a trainee should be aware of. By the end of this article, readers will be more aware of this complex issue and how it might be managed, as well as the impact it can have on the patient, their family and ward staff.
The relation between neutrality and the use of force is better to be kept within the law of armed conflict rather that the law on the use of force between States. This means that the right of self-defence cannot be the indispensable legal basis for the use of force between belligerents and neutrals. On the contrary it appears that neutral due diligence has been relied on as a basis to expand the scope of the right of self-defence. The latter is admissible as the basis for resort to force only in the case of resistance of a neutral State to repel belligerent violation of its territory or by a belligerent that fully complies with its duties under the law of neutrality.
This chapter discusses the political, professional and legal aspects of non-medical prescribing from its inception in the 1990s to the present day. It considers important legal cases that illustrate the key issues of autonomy, negligence and consent and illustrates how these scenarios can impact on prescribing practice on a daily basis. The role of professional regulators is highlighted and the notion that patients/clients are no longer subservient to benign medical paternalism but rather are seen as consumers of healthcare is considered. New educational aspirations are mentioned with a reliance on evidenced-based practice and a holistic humanised approach to care delivery
This chapter introduces the application of phonetics to various legal situations involving speech. In these situations, the identity of a speaker is in question or the linguistic content is disputed. Forensic phonetics focuses on the differences between members of a speech community resulting from physiological differences as well as choices under the speaker’s control (whether conscious or not). While some of this idiosyncrasy is found at the phonological level, the most useful speaker-discriminatory information is often encoded in the fine phonetic detail. It is where such patterns show a good degree of within-speaker consistency and between-speaker difference that the examination of a particular phonetic feature becomes useful in forensic analysis. This chapter considers the place of analysis by ear (by both expert and naïve listeners), the quantitative phonetic analysis of the acoustic signal, as well as automatic methods of analysis. It also considers how best to arrive at a scientifically defensible probabilistic conclusion, and how such conclusions may be communicated in a legal context. Best practice for the teaching and learning of forensic phonetics is also discussed.
The chapter opens with a discussion of what we mean by “rights” in the context of Korea. At its core, this book is about people who seek ways to express their grievances about perceived injustices. While “rights talk” has a rich pedigree in Western scholarship and “human rights” has gained international currency, we use the term “rights” loosely to encompass varied conceptions and subsets (e.g., constitutional rights; human rights; civil, political, social, economic, and cultural rights; citizens’ rights; women’s rights, minority rights), and to give contributors space to define rights in the context of their disciplines and the groups they study. Next, we situate this volume within existing literature on Korea related to democratization, social movements, the judicialization of politics, constitutionalism, and human rights. This volume asks: How have groups used rights language to frame and legitimate their demands in South Korea; in what ways have rights-claiming processes and tactics differed over time and across issues; and what remains fundamentally challenging for groups asserting their rights?
Examining media and historical texts as well as interviews with activists and business-owners, Chapter 1 describes the uproar that ensued when Ghanaian politicians, clerics, and journalists conspired to circulate claims about a supposed “homoconference” that was alledgedly planned by a local LGBTI activist. It lays out the cultural, political, and historical landscape in which (homo)sexuality has been called into discourse. It then considers the failed activist attempts to form a self-identified lesbian group and shows how same-sex desiring women resist, re-signify, or perform the global language of sexual rights activism and human rights. These women’s reluctance to label and “out” themselves in sexual terms, a practice deemed essential to empowering LGBTI subjects across the globe, calls for a close consideration of the indirect language of allusion, spoken within the informal networks of female friends and lovers, who may or may not identify as lesbian.