Background The nursing profession requires ethical and legal regulations to guide nurses’ performance. Ethical climate plays a part in shaping nurses’ ethical practice. Therefore, ethico-legal aspects and ethical climate contribute to improving nurses’ ethical practice and competencies with reducing medical errors in hospital settings. Objective This study examined the effect of ethico-legal aspects and ethical climate on managing safe patient care and medical errors among nurses. Materials and methods A cross-sectional correlational study was carried out (...) on 548 nurses. Data were collected through self-administered questionnaires about nurses’ knowledge in both ethical and legal aspects, ethical practice, competencies, ethical climate and experience with medical error. Results The main sources of nurses’ knowledge of ethical and legal aspects were undergraduate lectures, job experience and colleagues. Nurses’ knowledge in both ethical and legal aspects, nurses’ ethical practice and competencies were insufficient. Nurses fairly perceived their ethical climate. Also, nurses experienced medical errors about 22.6% in their units. Nurses’ knowledge of ethical and legal aspects, as well as the ethical climate were positive predictors of inadequate nurses’ ethical practice and competencies. Additionally, nurses’ knowledge in both ethical and legal aspects, ethical climate and practice had a negative influence on the occurrence of medical errors. Conclusion Enhancing nurses’ knowledge in both ethical and legal aspects as well as ethical climate could significantly influence improving nurses’ ethical practice, competencies and reducing medical errors in the study units. Therefore, planning for enhancing the nurses’ ethico-legal learning and ethical climate seems to be mandatory. (shrink)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines (...) the relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (shrink)

The aim of this article is to analyse the Czech legislation applicable to surrogacy cases while considering some basic social aspects. First the basic facts of surrogacy as a medical reproductive technique are discussed. Surrogacy is also considered as a social trend, and in terms of selected social aspects, such as the growing number of couples interested in surrogacy and their social status. Nevertheless, the main goal of the paper is to analyse selected legal problems as regards (...) surrogacy and the Czech legislation. Therefore, the authors describe the basic legal framework that has relevancy to surrogacy cases (establishing parenthood and adoption) and identify the most frequent problems concerning surrogacy applications using three model cases. In the concluding remarks the adequacy of Czech legislation is discussed. (shrink)

In order to maximize human performance, defence forces continue to explore, develop, and apply human performance enhancement (HPE) methods, ranging from pharmaceuticals to (bio)technological enhancement. This raises ethical, legal, and societal concerns and requires organizing a careful reflection and deliberation process, with relevant stakeholders. We discuss a range of ethical, legal, and societal aspects (ELSA), which people involved in the development and deployment of HPE can use for such reflection and deliberation. A realistic military scenario with proposed (...) HPE application can serve as a starting point for such an iterative and participatory process. Stakeholders can discuss this application, modify its features, and design appropriate processes around it – for instance, procedures for informed consent. We propose that organizing aspects into these three categories – ethical, legal, and societal – can help involve appropriate interlocutors at different moments: legal aspects with people in strategy or management roles, from the start of a project; ethical aspects with people in operations and medical roles, during development; and societal aspects with people in communication and personnel roles, during deployment. Notably, we developed and discussed this framework and the three aspects in close collaboration with personnel from the military. (shrink)

In this paper I investigate, from an ethical perspective, the legal prospects of unrelated living donors from Romania. In the present-day shortage of organs necessary for transplantation, the organs from living donors represent an alternative to the organs from deceased ones. Worldwide, unrelated living donors begin to be considered as a promising category among overall living donors. However, their situation raises many ethical questions that need to be addressed by adequate regulations and protections. The paper analyzes the case of (...) non-related living donors applied to the Romanian present situation, in an attempt to underline the ethical limitations their situation presents. (shrink)

The article is devoted to the study of the historical context of the cities’ development as subjects of international relations, their evolutionary transformation from political and security unions, through political and religious unions to large agglomerations capable of conducting independent international activities, taking into account their own socio-economic, cultural and educational interests of their residents. Using an interdisciplinary approach that combines historical, legal, political science, and management disciplines, the author has revealed the multifaceted use of such concepts as «partner (...) cities», «twin cities», «municipal cooperation», «decentralized cooperation of cities» etc., which proves that their use as synonymous definitions indicating a non-governmental, horizontal international level of cooperation between individual local actors is not sufficiently regulated.The study outlined the criteria for selecting a partner city. The historical way of the formation of global and regional international organizations and associations of municipalities, which developed recommendations for in-depth cooperation between cities of different political systems to exchange experience, deepening of cooperation in the environment of modern management in the context of urbanization, is highlighted. It is proved that such initiatives are based on intercultural cooperation, the foundations of the international and national law, which strengthens the reputation and foreign policy integration strategies of the state as a whole. It has been found that often in the process of decentralization, localization, and manifestation of their own subjectivity, cities are more effective and faster in making decisions, establishing international forms of cooperation, and implementing the most important projects. (shrink)

본 연구의 목적은 과학기술자의 직업윤리 이슈들에 관한 한국의 법제적 측면을 고찰하는 것이다. 이 연구는 이 분야의 국내 최초의 시도라고 본다. 과학기술자는 업무를 충실히 수행하고 상급자의 명령과 지시를 따라야 한다는 윤리적 책임과 의무를 가진다. 이러한 책임과 의무는 《국가공무원법》 및 《지방공무원법》에 근거를 두고 있다고 할 수 있다. 왜냐하면 이들 법률을 국가기관뿐만 아니라 많은 민간 조직에서도 준용하기 때문이다.과학기술자는 업무 수행 중에 습득한 정보와 지식에 대해서 기밀을 준수해야 한다는 윤리적 책임을 진다. 기업의 기밀은 법률적으로는 《부정경쟁방지 및 영업미밀 보호법》에 의해서 보호되므로 이들 법률을 준수해야 한다. (...) 과학기술자의 근로자로서의 권리는 《근로기준법》과 《남녀고용평등법》에 의해서 보호를 받는다. 하지만 과학기술자의 전문가로서의 권리는 법률적으로보다는 대부분 윤리적 차원에서 보호되고 있는 실정이다.뇌물은 이해의 충돌의 중요한 요인이며, 윤리적 문제일 뿐만 아니라 법적 문제이기도 하다. 뇌물은 《형법》에 의거하여 수수자뿐만 아니라 제공자도 처벌받도록 되어 있다. 내부 정보의 남용은 처벌의 대상이 된다. 피고용자는 일반적으로 겸직이 금지되어 있지만 한국에서는 《벤처기업 육성에 관한 특별조치법》에 의해서 대학교수와 공공연구소의 연구원에 한해서 겸임과 겸직을 허용하고 있다. 내부고발자는 《부패방지법》에 의해서 보호되고 있다. 이상의 고찰을 통하여 과학기술자의 직업윤리 이슈들의 대부분이 현행 법제적으로도 중요하게 다루어지고 있음을 규명하였다. 이것은 이들 이슈들이 윤리적 차원을 넘어서 법제적으로 규제되고 통제되어야 할 만큼 법제적, 사회적, 경제적으로도 중요함을 시사하는 사실이라고 본다. 그러므로 이들 이슈들에 대해서는 윤리적 측면뿐만 아니라 법제적 측면도 함께 이해하여야 관련된 현실문제들을 좀더 합리적으로 관리하고 해결할 수 있을 것이다. (shrink)

Der Kinder- und Jugendgesundheitssurvey soll repräsentative, gültige Daten und Erkenntnisse zur gesundheitlichen Situation von Kindern und Jugendlichen in Deutschland als entscheidende Voraussetzung für die Bewertung und die Verbesserung von deren gesundheitlicher Lage schaffen. Forschung und insbesondere Blutentnahmen an nichteinwilligungsfähigen Personen erfordern eine profunde ethische und rechtliche Überprüfung. Der Beitrag befasst sich damit, welche medizinethischen Empfehlungen und welche rechtlichen Grundsätze in Deutschland für die Bewertung relevant sind. Nach geltendem deutschen Recht können Eltern zu Blutentnahmen bei ihren Kindern nur zustimmen, wenn diese (...) in deren individuellem gesundheitlichen Interesse liegen. Ein „gruppenspezifischer Nutzen“, wie er von Medizinethikern national und international als Voraussetzung für ethische Akzeptabilität (bei minimalem Risiko der Untersuchungen) ebenfalls für sinnvoll und wichtig angesehen wird, und der in dem geplanten Survey in jedem Falle gegeben wäre, genügt deutschen Rechtsansprüchen nicht. Im Pretest hat sich der potenzielle individuelle Nutzen der Blutentnahmen bestätigt: Viele Kinder hatten biochemisch nachweisbare Gesundheitsrisiken (z. B. verborgener Nährstoffmangel, allergische Sensibilisierung, Hinweise auf Impflücken oder langfristige Gesundheitsrisiken), die ohne Blutuntersuchung nicht feststellbar gewesen wären. Bei über 90% der Kinder waren nach schriftlicher Einwilligung der Eltern und Jugendlichen sowie informeller Zustimmung der Kinder, die in jedem einzelnen Falle berücksichtigt wurde, Blutentnahmen möglich. Nach der Befragung einer Unterstichprobe ist die Akzeptanz insgesamt gut. (shrink)

The emergent use of service robots in more and more areas of social life raises a number of legal issues which have to be addressed in order to apply and adapt the existing legal framework to this new technology. The article provides an overview of law as a means to regulate and govern technology and discusses fundamental issues of the relationship between law and technology. It then goes on to address a number of relevant problems in the field (...) of service robotics. In particular, these issues include the organization of administrative control and the legal liability regime which applies to service robots. Also, the issue of autonomy of service robots is discussed, which cannot easily be answered under the existing, human-centered legal regime. (shrink)

In this paper, the authors first emphasise the connection that exists between bioethics and law. However, special attention is given to the link between bioethics and human rights, which share the idea of protecting similar values, especially the protection of life and human dignity. Identifying the interdependence and interrelation of these concepts is a prerequisite for further exploration of how and in what context the European Court of Human Rights decides on bioethical issues it encounters when ruling on classical human (...) rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Once the important features that determine the relationship between bioethics and human rights are identified, these features will be practically examined through the group of cases in which the Court has addressed the issue of mandatory vaccination, which has been in the public spotlight in recent years. (shrink)

Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the Lithuanian legal acts conducted in the (...) light of the jurisprudence of the Court shows that they are not in accordance with the jurisprudence of the European Court of Human Rights and the solutions are therefore suggested. The aim of the article is to systematically analyse the Lithuanian legal acts regulating issues of abortion and to identify the existing problems and provide suggestions as to how to solve those problems with the help of the jurisprudence of the European Court of Human Rights in abortion cases. Analysis of the Lithuanian legal acts reveals that the existing legal regulation and practice is confusing and ambiguous. Abortion questions are regulated in Lithuania by means of secondary legislation, namely by order of the Health Minister which is more than 15 years old, and the classification of diseases dangerous to woman’s health and life is based on international classification that is invalid. The order is not in reconciled with the Lithuanian criminal law. Some other ambiguities and problems are identified in the article. Abortion on a woman’s request in Lithuania is possible by the end of the 12 week of pregnancy and during the entire pregnancy, if it causes danger to woman’s health and life. The Lithuanian legislator requires that both conditions – danger to woman’s health and life – are met in order to terminate pregnancy what is unnecessary and sometimes even confusing. The author suggests providing two separate bases for abortion – danger to woman’s life or health. Foetus problems – if a foetus is irreversibly damaged or suffering from an incurable life-threatening disease, it is not a separate basis for abortion in Lithuania, however those abnormalities of the foetus are related to the health and life of a pregnant woman. In the opinion of the author, looking into the practice of the other EU countries, it is better to provide a separate ground for abortion because of abnormalities of the foetus. The basic problem in Lithuania that is similar in Poland and in Ireland is that there is no clear procedure in case a pregnant woman is not satisfied with the decision of the medical commission regarding the question of her abortion or if the opinion of members of the commission is diverse – no time guidance or appeal institution is provided. (shrink)

In an increasingly litigious society where ritual demands for accountability and “taking responsibility” are now commonplace, it is not surprising that members of clinical ethics committees (CECs) are becoming more aware of their potential legal liability. Yet the vulnerability of committee members to legal action is difficult to assess with any certainty. This is because the CECs which have been set up in the UK are—if the American experience is followed—likely to vary significantly in terms of their functions, (...) procedures, composition, structures and authority. As a consequence it is difficult to generalise about the legal implications. Nevertheless, despite these difficulties this article will outline the broad legal principles governing the potential liability of committee members. It will also consider the relationship between CECs and the courts. It begins, however, with a brief analysis of the relationship between ethics and law in committee deliberations, and in particular of the role of law and legal expertise on CECs. (shrink)

The genome of two completely unrelated individuals is quite similar apart from minor variations called single nucleotide polymorphisms which contribute to the uniqueness of each and every person. These single nucleotide polymorphisms are of great interest clinically as they are useful in figuring out the susceptibility of certain individuals to particular diseases and for recognizing varied responses to pharmacological interventions. This gives rise to the idea of ‘personalized medicine’ as an exciting new therapeutic science in this genomic era. Personalized medicine (...) suggests a unique treatment strategy based on an individual’s genetic make-up. Its key principles revolve around applied pharmaco-genomics, pharmaco-kinetics and pharmaco-proteomics. Herein, the ethical and legal aspects of personalized medicine in a new genomic era are briefly addressed. The ultimate goal is to comprehensively recognize all relevant forms of genetic variation in each individual and be able to interpret this information in a clinically meaningful manner within the ambit of ethical and legal considerations. The authors of this article firmly believe that personalized medicine has the potential to revolutionize the current landscape of medicine as it makes its way into clinical practice. (shrink)

This paper examines the ethico-legal problems regarding the right to refuse treatment in Turkey's healthcare system. We discuss these problems in the light of a recent case that was directly reported to us. We first summarise the experience of a chronically dependent patient (as recounted by her daughter) and her family during their efforts to refuse treatment and receive palliative care only. This is followed by a summary of the legal framework governing the limits of the right to (...) refuse treatment in Turkey. With the help of this background information on the legal framework, we re-examine the ethico-legal aspects of the case and explain the underlying reasons for the problems the family and the patient experienced. Finally, we conclude that Turkey's legal framework relating to the right to refuse treatment needs to be clarified and amended in accordance with international conventions and fundamental human rights. (shrink)

Being a literal and relatively precise translation of the Hebrew text, the Septuagint (LXX) of the book of Ruth attests divergences or variants in relation to the Masoretic text (MT) in the details of the text. These variants, if not inconsistent or linked to a different Hebrew Vorlage, could be explained as a translator’s choice to promote clarity, add a particular nuance or introduce innovation at the narrative level of the text. This is, for instance, the case in the (...) class='Hi'>legal process that runs through the fourth chapter of the book. Amongst all of the legal aspects illustrated in Ruth 4, this contribution presents a case study, focusing on the interjection in Ruth 4:7 that explains the legal custom. After analysing the equivalence between the Hebrew text and its Greek rendering, this article offers several new insights aimed to produce a more nuanced characterisation of the translation technique of the Greek translator of the LXX-Ruth and a clearer understanding of the nuances, innovations and specificities of the LXX-Ruth. Contribution: This article contributes to the ‘Focus and Scope’ of HTS Teologiese Studies/Theological Studies because it deals with both the textual history of the Bible – more precisely, with its process of translation from Hebrew into Greek – and the exegesis of the LXX. Indeed, it highlights new insights into the translation technique of the Greek translator of the LXX-Ruth and on the nuances, innovations and specificities of the LXX-Ruth. (shrink)

Up to the present, there have not been any specific norms regarding medically assisted human reproduction in Romanian legislation. Due to this situation the general legislation regarding medical assistance, the Penal and Civil law and the provisions of the Code of Deontology of the Romanian College of Physicians are applied to the field of medically assisted human reproduction. By analysing the ethical and legal conflicts regarding medically assisted human reproduction in Romania, some characteristics cannot be set apart because they (...) derive from religious, cultural and socio-economic aspects. In this article the authors identify the development stages of medically assisted human reproduction in Romania, beginning from these characteristics and insisting upon the failure of the legal system in this specific field. The authors consider that the law regarding medically assisted human reproduction cannot be effective because it did not take into account the ethical and cultural aspects that might appear. Furthermore, in this framework of the legal process, no public debate involving the representatives of civil society was undertaken although the Council of Europe Oviedo Convention approved by our country according to law no. 17/2001 stipulated exactly this working method. Content Type Journal Article Pages 4-13 Authors Beatrice Ioan, PHD, MD, MA IN BIOETHICS, University of Medicine and Pharmacy, Iasi, Romania Vasile Astarastoae, PHD, MD, JD, University of Medicine and Pharmacy, Iasi, Romania Journal Human Reproduction & Genetic Ethics Online ISSN 2043-0469 Print ISSN 1028-7825 Journal Volume Volume 14 Journal Issue Volume 14, Number 2 / 2008. (shrink)

To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients (...) are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made. (shrink)

Several methods have been reported for extracting sperm from a man after he dies or enters a persistent vegetative state. Although such sperm retrieval could be performed for nonprocreative purposes, such as research, in this paper I focus on cases involving procreative intent. Since 1980, more than ninety cases have occurred in which family members requested sperm retrieval from patients who died or were irreversibly unconscious, with the intent that a wife, girlfriend, or other woman would be inseminated. Recently, the (...) first report of pregnancy and birth following postmortem sperm retrieval appeared in the media.In these cases, death or PVS typically is caused by anoxic injuries, trauma, or rapidly progressing infections. (shrink)

Advances in medical technology and information have facilitated clinical practices that favourably affect the success rates of treatment for diseases. Regenerative medicine has been the focus of the recent medical agenda, to the extent of fundamentally changing treatment paradigms. Stem cell practices, their efficacy, and associated ethical concerns have been debated intensively in many countries. Stem cell research is carried out along with the treatment of patients. Thus, various groups affected by the practices inevitably participate in the discussions. In addition (...) to discussions based on avoiding any harm, providing benefits and respecting personal autonomy and justice, problems arise owing to the lack of legal regulations for stem cell research and practice. The dimensions of the problems vary in the developing countries, with widespread use of advanced medical technology but with lack of sources allocated for healthcare, dominance of paternalistic physician–patient relationships and failure to achieve a sufficient level of awareness of patients’ rights. This article discusses the current situation of stem cell practices within the context of regenerative medicine in Turkey and ethical concerns about some of the legal regulations, such as the Regulation for Umblical Cord Blood Banking and Guidelines for Non-embryonic Stem Cell Study for Non-clinical Purposes directing the research on this issue. (shrink)

Due to the rapid advances in medical technology, medical students are now being faced with increasingly complex and unparalleled ethical and practical dilemmas during their training. The new and future challenges of high-tech medicine demand improvements in current medical education, not only by meeting the needs of students through humanized training programs, but also by involving them in finding solutions to the ethical and legal quandaries they encounter. Today’s students of medical universities must acquire knowledge and understanding of the (...) ethical and legal issues relevant to the practice of medicine, and we have to do everything possible to introduce these students to the current discussions on more or less controversial ethical and legal topics. Although final answers may not be found, the very discussion, argumentation, and awakening of students’ interest should become an essential part of the core curriculum of every doctor. (shrink)

This chapter notes the complex and unsatisfying efforts to distinguish between punishment and regulation, and reframes the discussion of punishment and regulation by labeling the former law and the latter police. Doing so relocates this classification in a particular historical genealogy. Reconceptualizing the terms of the discussion suggests that while law operates on the individual, the object of police regulation tends to be collective. One of the distinctions frequently invoked as crucial to the difference between punishment and regulation is the (...) difference between private and public. However, the notion of private law and public regulation relies on an overly simplistic model and history of law. Comparing punishment and regulation is like comparing apples and oranges, because they are two fundamentally different things. Regulation is an empty label unless it is combined with a mode of governance. That mode of governance, which parallels and complements law, is the concept of police. Police and law are contemporary manifestations of the ancient Greek distinction between household governance and public governance. (shrink)